04. Sidewalk Usage - Business DistrictAgenda -June 16, 1997
AGENDA ITEM 4 - SIDEWALK USAGE -BUSINESS DISTRICT
BACKGROUND/CONSIDERATION: I have enclosed a copy of my report of
April 14 to you concerning the oak flower barrels on the business
district sidewalks. You may recall that we said no at that time
and I was instructed to enforce the ordinance. You also suggested
an alternative such as hanging flower arrangements from the light
fixtures. The Chamber was informed of this decision, as the
Executive Director came to the meeting shortly after your decision.
From a risk management standpoint, we should not expose the City
taxpayers to additional claims that may be generated by additional
items on public sidewalks. I believe as a risk manager, that
allowing these items on the sidewalks is contrary to good public
policy.
I also understand that public perception or misunderstanding public
policies are a "thorn" for the City. So as I had previously
suggested, if you desire to approve the "barrels" on the sidewalks,
I believe we should:
1. Review the existing ordinance in terms of validity
and desire. Where do we draw the line of what is
acceptable on the sidewalk? Small flower pots,
barrels, furniture, sandwich board advertisements,
menu boards, sculptures, etc. (Over 30 items were
on Main Street sidewalks within a three block area
last Saturday.)
Agenda -June 16, 1997
2.
What about sidewalk sales - are
they acceptable and
under what condition?
3.
If we eliminate the ordinance,
we lose all control
and have no legal defense for the
sidewalks - do we
really want to do this?
4.
Would an "emergency" ordinance
to allow the "flower
pots" work for 90 days?
5.
If we ignore the existing
ordinance, we are
automatically negligent for
not enforcing our
ordinance and therefore, we
have no defense in
court since we are aware of
the violation and
exposure.
RECOMMENDATION: I recommend, if you desire to allow certain items
on the sidewalks, that we should for all items, implement a
permitting system that will:
1. Tell us what the item is;
2. Tell us where the item will be;
3. Tell us how long the item will be there;
4. Most important - require each downtown property
owner to submit an insurance certificate that holds
the City harmless and names us as additionally
insured/in our usual amounts. Upon submittal of
this certificate, we could then issue the permit.
5. Restrict the permits to the business district only
Agenda -June 16, 1997
and keep the current ordinance for all other
sidewalks.
I have requested a response from M.M.I.A. concerning this issue.
I had previously discussed this with their representative but have
asked for more information. At the time of writing this report, I
do not have the response.
ACTION REQUIRED: Direction to the staff is needed for whatever
position you desire to take on this item.
The property located at
items on the City's public sidewalk.
wine barrels" will be from
, d/b/a
desires to display or place
The placement of "flowers in
, 1997 to
11 1997. The display shall not be in the
pedestrian traffic way of the sidewalk.
The property owner has submitted an insurance certificate that
holds the City of Kalispell harmless and names the City as
additionally insured.
This permit is only for the use of the sidewalk as described and is
in compliance with City Code Section 24.1, ordinance #1003 as
amended.
Insurance certificates shall verify the City as an additional
insured in the amount of liability of $
S 24-1 Kalispell City Code
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.
Sec.
24-2.
Sec.
24-3.
Sec.
24-4.
Repealed
by
Ord.
No.
1003.
Repealed
by
Ord.
No.
1003.
Repealed
by
Ord.
No.
1003.
Repealed
by
Ord.
No.
1003.
Sec. 24-5. Repealed by Ord. No. 1003.
Sec. 24-6. Obstructions on streets and sidewalks generall
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. 0. 1947, S 962A.)
Sec. 24-7. Repealed by Ord. No. 1003.
Supp. #17, 8-83 192
Agenda -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.
MAR 2 7 1997
Iispell
March 27, 1997
Clarence. Krepps
Cite Nlw wger
City of Kalispell
300 First Avenue East
Kalispell, Montana 59901
Dear Clarence:
r 0 r
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 spiing and summer
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.
Sir:c rely,
J eph H. Unterreiner
ecutive Vice President
J
14
Land
Greenhouse —Nursery ---- Garden Center
1 /A� ' } Y
Li �� s�
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 them 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
/j 406-156-75 8 Fax 406-257-1958