14. Chamber Barrel RequestAgenda -April 14, 1997
AGENDA ITEM 14 - CHAMBER REQUEST -OAK BARRELS ON SIDEWALKS
BACKGROUND/CONSIDERATION: The Chamber is requesting our approval
for flower barrels to be placed on Main Street during the Summer.
This is a violation of Ordinance 24-6 (copy enclosed).
RECOMMENDATION: With the current ordinance in effect, I cannot
recommend approval of the request under any conditions. The
ordinance is a common ordinance and is adopted by the cities to
protect from lawsuits resulting from injuries caused by items
placed on the sidewalks. This is one of our basic risk management
ordinances.
The point will, undoubtedly, be made by the Chamber that this is a
promotional tool to attract more people to the core commercial
area. If it is effective in doing that, we have also increased our
risks. One other point of this issue may be the fact that certain
establishments have been placing barrels and/or clothing racks upon
the sidewalks already without any problems (or the city's
permission). I would submit to you that this should no longer be
allowed and we should strictly enforce this ordinance as adopted by
the Council. This will be the instructions in the future to the
merchants - unless changes are made to the ordinance. (I do not
recommend a change in this ordinance.)
If you desire to approve the request, I recommend we require each
downtown property owner be required to hold the city harmless, name
us as additionally insured (in our usual amounts) to protect us,
Agenda -April 14, 1997
and to require the insurance certificate be on file with us prior
to placement of Any items on our sidewalks.
ACTION REQUIRED: If you desire to uphold the current ordinance, a
simple MOTION denying the request would be in order. However, if
you decide to grant the request, a motion directing the staff to
waive the ordinance requirements will be needed. In addition to
the waiver order, I strongly recommend that the insurance
conditions be required as outlined above.
F,-YjPPN7W i
. • aU it-
March 27, 1997
Clarence Krepps
City Manager
City of Kalispell
300 First Avenue East
Kalispell, Montana 59901
Dear Clarence:
The Business Promotion and Development Committee of the Chamber is proposing to encourage
Main Street merchants to decorate their street fronts with flowers during this spring and Su IlMer
season. We ask that the City approve our request, on behalf of these businesses, to permit oak
barrels with flowers to be placed on Main Street curbs from May through October.
The committee believes that this type of floral decorative theme will be more effective than the
banner program that has been in place in recent years since they are more visible to pedestrians
and vehicle passengers. Attached is the accepted proposal from Plant Land that further describes
the planting and materials.
As the merchants are anxious to implement this program, your attention to this request, at your
earliest convenience, would be greatly appreciated.
5ir:c -rely,
J eph H. Unterreiner
ecutive Vice President
15 Depot Park • Kalispell, MT 59901 ® (406) 758-2800
Plant Land will provide oak half barrels drilled for
drainage and filled with soil pep and Martin's potting.
The barrels will be planted with the following assortment
of flowers, geranium, petunias, draceana, alyssum, vinca.
We will deliver their to your place of business on or
about May 29-30th. weather depending. All this for only
$ 40.00 regular price is $ 50.00. The price to refill the
barrels in future years would be $ 20.00 provided no new
potting soil is needed.
Quanity requested
X $ 40.00
Total
Please include check or credit card #
Business name or delivery address
1008 East Idaho, Kalispell, Mt. 59901
406-756-75 8 Fax 406-257-1958
S 24-1 Kalispell City cocae
Article I. In General.2
2. For state law as to authority of city in
connection with streets and other public
property generally, see R. C. M. 1947
S 909.
Sec. 24-1. Repealed by Ord. No. 1003.
Sec.
24-2.
Repealed
by
Ord.
No.
1003.
Sec.
24-3.
Repealed
by
Ord.
No.
1003.
Sec.
24-4.
Repealed
by
Ord.
No.
1003.
Sec.
24-5.
Repealed
by
Ord.
No.
1003.
Sec. 24-6. Obstructions on streets and sidewalks aenerall
No person shall place, or permit to remain, upon any
street, alley, public ground or sidewalk within the city,
any structure, fence, wood, lumber, sawdust, gravel, boxes,
debris or any article or thing, which will obstruct or inter-
fere with traffic and travel thereon, unless such obstruction
be temporary and necessary in the transportation of goods,
or done in conformity with existing building regulations.
(R. O. 1947, S 962A.)
Sec. 24-7. Repealed by Ord. No. 1003.
Supp. #17, 8-83 192