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