Hooters, Inc. returned to the Bismarck City Commission on Tuesday to again request an easement waiver allowing the new north Bismarck bar and restaurant to put up its sign - and was again denied.

A short-handed commission with only three of its five members approved a liquor license for Hooters on a 2-1 vote last month. But commissioners Sandi Tabor and Steve Schwab would not even consider providing a motion to consider the easement waiver for the sign, though Mayor John Warford was in support of the request.

At the first meeting, there were no representatives from Hooters, which is located in north Bismarck just off Highway 83/State Street. This time, John Taffer made the request for the business, which is known nationally for using scantily clad female servers. The commission had all five members on hand.

Keith Demke, director of utility operations, explained that about half of the sign, as designed, fell within the city's water easement. The sign, Demke figured, was about 10 feet away from the water main, and the footing for the sign about seven feet from the main. The footing would not be deep enough to present any difficulty to the city if repairs were needed for the water line.

Hooters was also willing to provide a waiver of its own, making it clear that any damage to the sign while the city was working within the easement would be Hooters' responsibility. Demke recommended the city allow the sign be built on the easement.

Commissioner Connie Sprynczynatyk, absent from the first meeting, questioned city planner Carl Hokenstad about Bismarck sign ordinances. While planning staff have been charged with developing a more detailed sign ordinance, it is still in the planning process.

"In general, the goal of the new sign ordinance will reduce some clutter, and we'll probably look at heights and flashing lights," Hokenstad said.

City attorney Charlie Whitman said there is a uniform sign ordinance, but that the sign planned by Hooters was legal and the only question was that of the easement.

Demke said that there are signs for businesses adjacent Hooters that are likely within the city easement. He added that the city had allowed other businesses in the past to build on the easements, as long as it didn't interfere with city operations.

This time, the commission took action on the sign. Schwab made a motion to deny the request, with a second from Tabor.

"I think developers have to start thinking ahead rather than coming to us later," Schwab said.

"I actually agree with that, but we don't have any standards in place to the contrary," Sprynczynatyk said. "From a consistency standpoint I don't feel I can support the motion, though I would like to."

Warford announced that he would also oppose the motion.

"It's a very busy corridor," Warford said. "One more business putting up a sign, without the city having an ordinance or standards, in my opinion doesn't make the area any more polluted than it is. The sign is in compliance; we need to be consistent. I don't think we want to be the sign police."

The motion was approved on a 3-2 vote. Commissioner Dave Jensen voted with Tabor and Schwab.

According to Whitman, the company has the option of building the sign outside the easement on their property, or could possible challenge the city's ruling in district court.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)