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<br />Motion carried. Voting Yes: Acting Chairperson Olson, Mayor Gamec and Councilmember <br />Dehen. Voting No: None. Absent: Chairperson Elvig. <br /> <br />COMMITTEE BUSINESS <br /> <br />Case #1: <br /> <br />Consider Request for Placement of Monument Sign in Street ROW <br /> <br />City Engineer Janl(owski stated in November of 2006, Oakwood Land Development submitted a <br />sign permit application for an entrance/monument sign for the Brookfield Subdivision. The <br />proposed location of the sign is in the center median on 170th Ave NW, the main entrance to the <br />development off of Nowthen Blvd, which falls within the public road right-of-way. The sign <br />permit has not been issued because currently, City Code does not allow signs to be placed or <br />constructed within the public road right-of-way. Mr. Janl(owski indicated Oakwood Land <br />Development, together with Passe Engineering, believes that the design and placement of the <br />sign address the typical concerns associated with allowing a sign in the right-of-way. These <br />concerns include potential site line obstructions for motorists and pedestrians, snow <br />removal/storage, ongoing maintenance of the sign, and potential liability if an accident were to <br />occur involving the sign. <br /> <br />City Engineer Jankowsl(i stated Passe Engineering has submitted a letter to address many of <br />these concerns, including potential site line obstructions, sign maintenance, and snow storage. <br />Subsequent to receiving this letter, other potential concerns raised by staff include: <br />. Who would be responsible for repairs if the sign were damaged as a result of snow <br />plowing (or for that matter, damage of any type)? <br />. Are the sign materials maintenance-free? <br />. Is there information available to demonstrate that site lines would not be obstructed? <br />. Is the City liable if there is an accident that involves the sign? <br /> <br />City Engineer Jankowski indicated staff has visited the site and reviewed the location of the <br />median (existing) and the proposed location of the sign. It does not appear that a vehicle exiting <br />the development that properly stops at the intersection and observes traffic before proceeding <br />would be impacted. However, the potential impacts to pedestrians and motorists alike are more <br />uncertain if a distracted driver (talking on a cell phone, dealing with children, etc) were to <br />approach this intersection. Mr. Jankowsl(i advised the City Attorney has recommended against <br />permitting a sign in the right-of-way due to the potential liability, which would ensue if the sign <br />is deemed to be the cause of personal injury or property damage by persons using the roadway <br />and/or right of way. While Planning Staff believe that the sign design and placement would <br />enhance the entrance to the development, there remain unanswered questions and potential <br />concerns with permitting a sign in the public road right-of-way. The sign ordinance indicates <br />that a conditional use permit is required to deviate from the sign regulations. Thus, the City <br />would have an opportunity to specify certain required conditions if Oakwood Land Development <br />intends to pursue a conditional use permit. The Committee is requested to provide direction or <br />feedbacl( to Oal(wood Land Development regarding their request for locating a sign within the <br />public road right-of-way. <br /> <br />Public Works Committee / February 20, 2007 <br />Page 2 of 11 <br />