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8 <br /> 1 difficulty in getting the lights to stop blinking had been part of the <br /> •2 reason for the delay in turning them off. When he told Commissioner <br /> 3 Werenicz he only intended to turn off the flashing and didn't want to <br /> 4 remove the lights altogether because that would cost him "hundreds of <br /> 5 dollars" , and would have them lit only during business hours. The <br /> 6 Assistant to the City Manager reported that she had been under the <br /> 7 impression that the lights had to be removed as stated in Mr. Childs' <br /> 8 memorandum. <br /> 9 In regard to the temporary sign he had put out in front of his store, <br /> 10 Mr. Belisle told Commissioner Hansen he "probably got permission for <br /> 11 that a couple of years ago from Dave Childs" and when the City Manager <br /> 12 had told him he could have the sign for up to two weeks every year, he <br /> 13 had not realized he had to get the City's permission every time he put <br /> 14 the sign out. The store owner attributed his failure to get permission <br /> 15 again to ignorance and the fact that he had not gone over to City Hall <br /> 16 to read the ordinances. Chair Wagner told him it only took a phone <br /> 17 call to the City offices to confirm anything he was not sure of. <br /> 18 When Mr. Belisle said he would probably request a variance to the Sign <br /> 19 Ordinance to retain the lights in the window, Commissioner Werenicz <br /> 20 warned him that in view of his failure to respond to the City's <br /> 21 directions in the past, he might have trouble getting that. The store <br /> 22 owner reiterated that failure to respond had not all been one sided. <br /> 23 Ms. VanderHeyden told the Commissioners she understood Mr. Hamer to <br /> 24 say that Mr. Belisle had been informed that the Planning Commission had <br /> already indicated an unwillingness to allow the flashing lights and she <br /> said the City Manager had been in close contact with the store owner the <br /> 27 past few months about their removal and had documented his visits and <br /> 28 the store's non-compliance after each visit. Several of the <br /> 29 Commissioners recalled the removal of the lights as being informal <br /> 30 discussion items during several past Planning Commission meetings. The <br /> 31 Assistant to the City Manager then reported that in regard to the City <br /> 32 giving permission for the temporary sign in front of the video store, <br /> 33 she had been told by both Mr. Hamer and Mr. Childs that Video Update <br /> 34 had been informed that such permission would not be granted as long as <br /> 35 the flashing lights were still operating in the store's window which had <br /> 36 been documented as continuing for the next two weeks. This was another <br /> 37 instance where Mr. Belisle was supposed to get back to the City but, <br /> 38 failed to do so. <br /> 39 Mr. Soth said he wasn't certain of the exact Ordinance wording dealing <br /> 40 with lights around the perimeters of windows but he perceived the issue <br /> 41 before the Commission that evening was whether the Commission wanted to <br /> 42 impose the removal of the lights on the conditional use permit <br /> 43 regardless of what the Ordinance says, which he said is "within your <br /> 4.4 rights to do if you want the lights out of the window. " <br /> 45 Before the hearing was closed, Mr. Belisle responded by saying he had <br /> 46 talked to Mr. Childs about the lights and had told him "Why can't I just <br /> 47 turn off the blinking lights?, but that I needed to get in touch with <br /> 4Fthe person who sold the lights to me to help me with that. He said <br />