PC 04/19/78 - Laserfiche WebLink

Commissioner Jamieson did not feel the developer should be liable for in- juries occurring traveling to and from the site. Commissioner Shepherd did not feel that the breadth of conditions would be necessary for him to make original findings. This situation could be ap- plied to almost any business. He thought there might be difficulty in attempting to establish cause of relationship between on site and off-site liability. Chairman Doherty felt that any change in the insurance requirements should be so handled as to allow the City Attorney sufficient time to evaluate the situation. However, the other two Commissioners did not agree. Commissioner Jamieson indicated he would like to see the Planning Commission ask the City Attorney to draft proper language so that the off-site liability would not be required of Mr. Lawrence. Chairman Doherty asked Mr. Levine if he would feel more comfortable if he had more time to think about this matter. Mr. Levine replied that in his opinion it is a major change. From the discussion at that meeting, the concern was not only for the project but also its location. Commissioner Shepherd recalled that at the time the conditional use permit was reviewed, he was more concerned about protecting the children from in- jury when traveling to and from the park, rather than concerned about pro- tecting the City from lawsuit. A motion was then entered and adopted initiating a public hearing before the full Planning Commission to consider reduction in amount of liability insurance from $1,000,000 to $500,000. Roll Call Vote Motion: Shepherd Seconded: Jamieson Ayes: Doherty, Jamieson, Shepherd Noes: None Absent: None Abstain: None Chairman Doherty felt that the City Attorney should be given more time to think about this and that the City should not rush into making the decision that evening. Another motion was entered by Commissiner Jamieson finding that the breadth of the "hold harmless" clause in Condition No. 11 of Resolution 1527 be con- sidered minor in importance and that said clause be restated to hold the owner of the park liable for only those accidents occurring on his property. He recommended that the hold harmless clause for accidents outside the pro- perty be deleted. This motion received no second and was withdrawn. Commissioner Shepherd indicated that he had a problem with the wording of the motion offered by Commissioner Jamieson because the applicant would not be held responsible for his own acts. It is conceivable that his acts could result in some kind of liability occurring off his property. -4-