11/14/1995 Minutes - Laserfiche WebLink

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1-, that it had to be removed. He has a concem that this one will not be maintained. Mrs. Spoerke responded that the sign is Wohnauized wood and the sign company has guaranteed it for 20 years and further they have an active homeowners' association wluch also maintains the pool. She believed that t]iey were one of the few developments that did not have a sigu. City Engineer Deichmaun explained that the sign could not obstruct turning movements, visibility, or utilities. Assistant City Engineer McDermott has field checked the locations. She believed that this would make it easier to identify the development. She has talked to their insurance camer and since they all ready have insurance on the pool, they will only need a rider on that policy. Regarding to the liceusing agreement, Mr. Deichmaun stated that there is probably a copy of it iu Mr. McDermott's office. Assistant Law Director Dubelko advised that the agreement is required, because the city is giving a license to use the city right of way for a specific purpose, and it is conditioned on maintaining the sign and maintaining acceptable insurance, so if these items are not done, the city would have the right to remove it. He believed that an ordinance would be drafted authorizing the Mayor to enter ivto an agreement to license the homeowners' association to construct the sign. Mrs. Spoerke advised Mr. Manning that she did not know if the board had the option of installing a sign when the development was built. Mr. Dubelko explained that, historically, the city was not involved in these type licensing agreements until the courts imposed a liability on cities for allowing tliings to go into the right of way. After that, it was decided to protect the city's liability in case of an accident. Mr. Mauning asked if that would indeiuuify the city's attorney fees and court costs. Mr. Dubellco responded that under the law now, that could be included. R. Tallon moved to approve the Sandy Ridge Homeowners' Association sign proposal to install three (3) stanchiou type, non-illuminated, grouud signs showing the subdivision (Sandy Ridge) name. The requested locations are on the south side Limpert Lane at Dover Center Road; on the north side Park Place at Canterbury Road and the north side of Chapel Hill Drive at Canterbury Road, intersections in the tree lawn area, within the city right of way. (Note that approval of previous similar requests have required city licensing, and the homeowners' association providing acceptable liability insurance). The motiou was seconded by K. O'Rourke. Roll call on motion: Tallou, O'Rourke, Cameron Alston; Brennan and Herbster, yes. Mr. Mauning, uo. Motion carried. Mr. Dubelko advised Mrs. Spoerke that tlus would go onto to council, which will have the fiual say and, if it is approved, the ordinance will be written by Law Department. Mrs. Spoerke stated that the insurance company has advised that tlus will inerely be a rider on their present iusurance. V. COMNI[JNICATIONS: Chainnan Tallon read a letter from neighbors who live behind Water Tower Square Shoppiug Center regarding a proposed minor change that may be requested for the chain link fence that was originally to be relocated to the property line belund their homes. They asked the commission to reject the change. Building Commissioner Conway advised that as of tlus date, tlus is not an issue, and he does not know if the developer is going to request the chauge or install the fence as approved. Mr. Tallon advised Mr. Hoelter, one of the residents, that it could not be addressed until it was requested. Mr. Couway advised him to contact Mr. Tallon to see if it is going to be requested. If the coimnission rejects the minor change, the request would have to come back for a formal hearing. He asked that the letter be kept in the record for the future. VI. COMIVIITTEE REPORTS: No items. VII. MINOR CHANGES: 6