Agenda - Council - 04/10/2007 - Laserfiche WebLink

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Public Works Director Olson explained he understands this is a potential variance situation. However, the Committee should be aware there is a liability and it should be covered through the conditional use permit process. Mayor Gamec questioned what the difference would l?e between this sign and the large concrete monument located at Northfork. City Engineer Jankowski noted the monument at Northfork is located outside of the right-of- way. There was an agreement reached between Northfork and the City, and the City's welcome sign is located there as well. Councilmember Dehen stated Minnesota is governed by comparative fault principals, which means if an accident happens and someone is seriously hurt someone is not necessarily responsible.of_at fault. Comparative fault principals state it must be shown that s,?moone was negligent in that they did some~g:i:b.eY should not have done, or they omitted to do something they should have done. -The commOn perception is that if an accident happens someone can be sued, but this. does not mean the lawsuit will be .successfuL Fire Chief Kapler indicated this is a reasonable request. However. the difference between the pictures that have been presented and the situation in this location as that this location is on a high speed county road. _ The site line is fine if people properly stop, but he does not know that people do that on a regular basis. ~ City Engineer Jankowski advised that a portion of City Code prohibits signs in public right-of- way, but the sign ordinance makes a provision for conditional use permits as a remedy towards that. Councilmember Dehen indicated he is leaning towards agreeing to the permit with the understanding that there will be indemnification langnage included stating that the City would be inderrmifie,d of any type of lawsuits related to the placement, maintenance or use of the monument, and that also upon \VIitten notice from the City that repairs to _ the sign would need to be made within 60 or 90 days. Mayor Gamec suggested that the Committee recommend the issuance of the conditional - use permit, that any damage to the ~ign is the responsib~lity of the homeowners association or the developer, that _the cOl!ditional use permit should be issued along with the sign permit with a plan showing the location of the sign far enough back so that there is a good site line both north and south on Highway 5, and that the City would have no responsibility or liability involved in any damage to the sign, or any liability in regards to the placement of the sign. Counci1lnember Dehen stated he feels that the homeowners association needs to agree to indemnification language to be included in the conditional use permit that-the City would be held harmless from any type of lawsuit related to the- replacement, maintenance, or use of the monument, and that the sign would be required to be moved upon written notice of any type of disrepair. Pnblic Works eommittee / February 20, 2007 Page 5 of 11 -162-