HomeMy WebLinkAbout1997-10-10 City Administrator Memo to CC Re LightingDate:
To:
From:
Re:
MEMO
Enclosure A
October 10, 1997
Mayor & Council
Mike Robertson, City Administrator
Councilmember Robert's Questions Regarding Menards
I have enclosed (Enclosure A2) a copy of Councilmember Robert's
questions regarding Menards. I have written this memo as a
response to those questions.
1) "I was directed to contact Menards regarding their lighting
plan to make certain that it complied with the new ordinance."
I have reviewed the City Council meeting minutes of this year and
can find no such direction from Council. I have reviewed my
notes from Council meetings and found the only mention of Menards
in the July 22 Council meeting. There I noted a request to check
with Menards to see if they were still going to be using a P.A.
system as per their Conditional Use Permit. I did check with
Gary Colby, of Menards, who told me that Menards was considering
using pagers rather than a P.A. system but had not made a final
decision.
In point of fact there is no "new lighting ordinance" for Menards
to comply with. The changes to the lighting ordinance are part
of the Zoning Ordinance Update that the City Council has been
debating since July but has not yet approved. 1 have also
enclosed (timaaturs k3) a copy of the minutes from the July 22,
1997 City Council meeting whereby the City Attorney notes that
any plan approved before the new ordinance is passed would be
grandfathered in. This most certainly applies to Menards.
It is more than possible that just Councilmember Robert asked to
me to make Menards comply with the new, as yet unpassed, City
lighting ordinance. Such direction would clearly be unacceptable
from an individual Councilmember because it would be a usurpation
of the City Council's policy making authority. Councilmember
Robert and I have had several discussions regarding her
dissenting vote during the approval of Menards Conditional Use
Permit. I have told Councilmember Robert more than once that
Menards Conditional Use Permit was approved by the City Council
and that she cannot change the conditions in the Conditional Use
Permit without a Council vote taken in an open meeting.
2) "The side and rear building lighting (of Menards) and the
parking lighting violate the old ordinance anti -glare provision.
What have you done about it ?"
I have contacted City Planner Scott Richards and asked him to
examine Menards lighting to see whether it complies with their
original plan and the current City ordinance. It is possible
that we may have to hire someone to measure the lighting
intensity around Menards as we did around other selected
commercial developments in town. If Menards is found to be in
violation of the City's lighting ordinance they will receive a
notice ordering them to comply with the City ordinance. Right
now we need some hard data before we accuse Menards of being in
violation of the City lighting ordinance.