11-20-2002 Council Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL NOVEMBER 13, 2002 REQUEST FOR SIGN DEPOSIT REFUND — JR' S POWERHOUSE GYM Development Agreement will be presented to the Council at its December 17th meeting. Mr. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2002 -11- 258 — TABLING ACTION ON THE DRYWALL SUPPLY PRELIMINARY PLAT, CONCEPT STAGE PUD, AND REZONING UNTIL THE NOVEMBER 20, 2002 COUNCIL MEETING The foregoing resolution was duly seconded by Scalze. Ayes (3) Montour, Scalze, Anderson. Nays (0). Resolution declared adopted. Council reviewed the request from the manager of JR's Powerhouse Gym for a refund of temporary sign deposit which was forfeited for failure to remove the temporary sign in compliance with the sign permit. It was noted that staff is recommending that the deposit not be refunded given the need to consistently apply the ordinance and the precedent that would be established if a refund were made. Anderson noted that the temporary sign was removed one day late and that JR's Powerhouse Gym is a new business to the City. He pointed out previous action by the Council relative to first -time alcohol compliance violations by City businesses, and felt that a retimd for the sign deposit for a first offense would be comparable. Anderson, therefore, supported a refund of the $200 temporary sign deposit for first - time violations of the ordinance. The City Administrator outlined the history of the recent amendment of the temporary sign ordinance establishing a temporary sign deposit. This action was in response to the numerous temporary signs that had been appearing in the City without permits. City staff researched what other cities were doing, and the ordinance that was adopted was consistent with neighboring cities. The Administrator reported that JR's Powerhouse Gym has already had one violation of the temporary sign ordinance in that they had a temporary sign without a permit. The Administrator also noted that the sign deposit was forfeited this past March for violation of the number of days that JR's temporary sign could be displayed. The manager that was employed by JR's in March did not contest the forfeiture of the deposit. JR's now has a new manager who is raising the issue. The City Administrator also noted that to refund this sign deposit will essentially result in giving each business one free violation of the City's temporary sign ordinance. Scalze noted that JR's Powerhouse Gym was informed of the provisions of the Sign Ordinance at the time they applied for their permit. II