Council caught up in property rights debate | News, Sports, Jobs

Jill Schramm/MDN Bob Thomas speaks to the Minot City Council on Monday about his concerns about the downtown Minot Business and Professional Association’s ornamental lighting.

A dispute over downtown decorative lighting landed in the lap of a Minot City Council that was reluctant to take sides Monday.

“This seems to be a question of ‘Whose property rights are more important,’ and I don’t know if that’s really within our purview to decide.” said council member Rob Fuller. “Shouldn’t this be between two private property owners dealing with it and talking about it, rather than us getting the city involved and having to figure it out?”

The litigation involves a complaint filed by downtown property owner and resident Bob Thomas regarding ornamental lighting installed across the street from the Minot Downtown Business & Professional Association (DBPA).

Thomas urged the city council to consider whether the lights are appropriate for downtown and comply with modern commercial building standards and DarkSky International guidelines.

“I have a particular interest in these lights because they are directed directly into my living room, dining room and bedroom.” he said. “They are bright and light up. It changes colors. They simulate movement. It’s kind of like when you walk into an airport and there are strobe lights.”

He said the lights interfere with security cameras and can jeopardize downtown safety if people are forced to pull their shades instead of keeping an eye on the neighborhood from their windows.

“Whatever you decide to do, the lights should be off now, at least until they are approved by a qualified engineer.” Thomas told the board. “That’s all I ask. That’s all I’ve ever asked is to get a qualified engineer to look at it and they’ll tell you these are terrible lights and not suitable by modern standards.”

With permission from the property owners, the DBPA hired Pretty Lights to install decorative lights on the buildings in the 100 block of South Main. They plan to install more lighting in the town center as funds are raised to do so.

Derek Hackett, owner of Pretty Lights, said Pretty Lights has installed lighting in numerous communities, including placing lights similar to those in downtown Minot on commercial buildings in other cities.

“I’ve never had that kind of pushback on anything like this. And we have these lights specifically because they comply with many DarkSky ordinances.” he said. He added that the lights in downtown Minot are angled down to diffuse light emissions.

Because the lights were installed higher than 16 feet, the city ordinance gives the director of community development the ability to review and approve the lighting design.

In response to Thomas’ concerns, Community Development Director Brian Billingsley imposed a lights-out time of 11 p.m. While Thomas indicated 11pm is too late, the association says it’s too early with late summer sunsets. Billingsley said his decision was based on the city’s noise ordinance that limits noise after 11 p.m.

“I want to work with DBPA. I want to work with owners who live downtown. I was placed in a no-win situation here and made the best decision I could make with the information I had in an attempt to meet the needs and wants of both parties.” Billingsley said.

Council member Mike Blessum said an ordinance that puts the community development director in that awkward position doesn’t make sense. He also suggested that the ordinance leaves unclear how to handle specific situations.

“I think the real question is whether we think this requires an adjustment to the ordinance to make it clearer” he said, “or it actually works as designed because it solves this specific problem.”

City Manager Harold Stewart favored the latter.

“This ordinance is currently working as it should. When these conflicts arise, they attract attention. We either bring it to staff or, worst case scenario, we take it to the board and you give us direction, essentially, whose ownership is going to be successful in this dispute at this point because you’re not going to be able to make both of us happy .”

The ordinance does not specifically give the city council the authority to hear appeals of the community development director’s decisions. Nor does it allow the council to set the rules for managing lighting when disputes arise.

Stewart suggested that the best course would be to take the city out of the equation.

“Maybe we take this out of the ordinance and let it be a civil matter between property owners,” he said.

Denise Lindbo, owner of Gourmet Chef downtown, said the merchants just want the dispute resolved.

“It puts a lot of stress on the things we’re trying to do downtown. We try to create a vibrant and fun atmosphere downtown. Our livelihoods depend on it.” she said.