HomeMy WebLinkAboutResolution No. R22-34RESOLUTION NO. R22-34
RESOLUTION AUTHORIZING THE MAYOR TO REINSTATE AN
ENCROACHMENT PERMIT FOR NEWKIRK REAL ESTATE -MONTANA, LLC,
D/B/A THOMAE LUMBER.
WHEREAS, Newkirk Real Estate -Montana, LLC, d/b/a Thomae Lumber, operates a
business at 501 East Main Street in Laurel, Montana (hereinafter "the Thomae Lumber
business"); and
WHEREAS, the Thomae Lumber business is located between Washington Avenue and
Wyoming Avenue and East Main Street and the alley between East Main Street and East First
Street; and
WHEREAS, the Thomae Lumber business initially utilized Main Street for loading and
unloading material for its business operations, but the City subsequently permitted the Thomae
Lumber business to unload on Washington Avenue; and
WHEREAS, the City adopted an ordinance in 1993 that provided for loading zones on
Wyoming and Washington Avenues, however, said ordinance was ultimately rescinded; and
WHEREAS, in 2001, the City Council referred the matter to the Public Works
Committee to resolve safety and road repair issues in order to enable the Thomae Lumber
business to unload near their business location per an agreement to be negotiated between the
City and Thomae Lumber; and
WHEREAS, by way of Resolution R07-09, the City Council of the City of Laurel,
Montana approved a five-year Encroachment Permit for Thomae Lumber on February 6, 2007;
and
WHEREAS, by way of Resolution R07-109, the City Council of the City of Laurel,
Montana consented to the assignment of the Encroachment Permit from Thomae Lumber to
Newkirk Real Estate -Montana, LLC on December 18, 2007; and
WHEREAS, the Encroachment Permit has now since expired, but Newkirk Real Estate -
Montana, LLC has requested that the City reinstate said Encroachment Permit, to allow the
Thomae Lumber business to unload near their business location; and
WHEREAS, upon review of this situation, the original Encroachment Permit, and the
special facts and circumstances surrounding the Thomae Lumber business' situation, the City
Council has determined that reinstatement of the Encroachment Permit is appropriate and in
the City's bests interest.
R22-34 Approve Reinstatement of Encroachment Permit for Newkirk Real Estate -Montana, LLC, d/b/a Thomae
Lumber
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the original Encroachment Permit, assigned by Thomae Lumber to Newkirk Real
Estate -Montana, LLC is hereby reinstated for a five (5) year term commencing the date of this
approval by City Council; and
BE IT FURTHER RESOLVED, that all rights, interests, duties, and responsibilities,
existing under the original Encroachment Permit, assigned by Thomae Lumber to Newkirk
Real Estate -Montana, LLC, shall be in effect for a five (5) year term commencing the date of
this approval by City Council.
Introduced at a regular meeting of the City Council on the 14th day of June, 2022, by
Council Member Eaton.
PASSED and APPROVED by the City Council of the City of Laurel the 14th day of
June, 2022.
APPROVED by the Mayor the 14th day of June, 2022.
CITY OF LAUREL
Dave Waggoner, Ma r
ATTEST:
ly cker, Clerk -Treasurer
APPROVED AS TO FORM:
A�� L
Michele L. Braukmann, Civil City Attorney
R22-34 Approve Reinstatement of Encroachment Permit for Newkirk Real Estate -Montana, LLC, d/b/a Thomae
Lumber