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Session 1705, Minutes 4 <br />September 8, 1997 <br /> <br />Mr. Lieherman said that the Plan Commission went over this very quickly by modifying the <br />City of Chesterfield ordinance. They did a very good job simplifying it for our use. He did <br />have a concern that there was not any language in the ordinance indemnifying the City <br />from any suits resulting from the construction of these towers on public right-of-way. <br />There is language available from the City Attorney that could be included into the <br />ordinance which would indemnify the City, it's officials, boards and commissions. His <br />second concern is that there is no language in the ordinance requiring the party, <br />constructing the tower, to have liability insurance. This should also be included to protect <br />the City or private owners. The City Attorney was reluctant to require this language <br />because we could not stretch coverage to third parties. Mr. O!lendorff should consider <br />these suggestions and look for ways to include them. <br /> <br />Mr. Schoomer said that he was not in disagreement with the provisions suggested by Mr. <br />Lieberman, but he does not feel that an amendment to the zoning code is the appropriate <br />place to put these. He feels that these provisions would be better served through separate <br />legislation. <br /> <br />Mayor Adams declared the public hearing closed at 7:40 p.m. <br /> <br />Mr. Oilendorff agrees that these provisions should not be included in the zoning ordinance. <br />He said that he would research the matter. They have checked with other cities and have <br />not found any that require insurance on private property developments of any kind. <br />Typically that is up to the private parties to arrange. The indemnification of the City <br />would be required in the actual contract. <br /> <br />AGENDA NO. 3 - PUBLIC HEARING - TAX RATES: <br /> <br />This public hearing is required by state law. The City adopts tax rates in June, as required <br />by the City Charter, during consideration of the City's budget. The state law requires that <br />the City repeat this action in late summer or early fall, when the final assessed valuations <br />are received. <br /> <br />Mayor Adams declared the public hearing open. <br /> <br />Being that there were no requests to speak, Mayor Adams declared the public hearing <br />closed at 7:43 p.m. <br /> <br />AGENDA ITEM #4 - CONDITIONAL USE AMENDMENT - 6655 DELMAR: <br /> <br />Mr. O!lendorff said that Council is asked to consider amendments to the conditional use <br /> <br /> <br />