HomeMy WebLinkAboutResolution No. R23-82A RESOLUTION OF THE CITY COUNCIL APPROVING AN ENCROACHMENT
PERMIT FOR A PORTION OF THE SIDEWALK LOCATED AT 202 WEST FIRST
STREET FOR THE INSTALLATION OF LANDSCAPING ALONGSIDE THE
SIDEWALK.
WHEREAS, Greg Schreiner, the Owner of the Building located at 202 West First Street,
Laurel MT (hereinafter "the Property Owner"), who Currently owns and operates a business
known as "The Sunshine Academy" at said address, has filed an Application seeing an
Encroachment Permit authorizing the installation of landscaping alongside the sidewalk on
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West First Street;
WHEREAS, the Property Owner has advised that, during the course of installation of
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landscaping alongside the sidewalk, a portion of the City sidewalk, which is a public right -of -
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way, will be encroached;
WHEREAS, the Property Owner has represented that the use will not unduly impact or
impede pedestrian traffic on the remaining sidewalk;
WHEREAS, City Staff has reviewed the Application and supporting materials, attached
hereto and incorporated herein, and recommends that the City Council approve the
Encroachment Permit pursuant to the authority provided the City Council under LMC
12.16.040; and
WHEREAS, upon review of this situation and the special facts and circumstances
surrounding this situation, the City Council has determined that issuance of an Encroachment
Permit is appropriate and in the City's best interests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the attached Encroachment Permit is hereby approved for the installation of
landscaping alongside the sidewalk on 202 West First Street, Laurel MT; and
BE IT FURTHER RESOLVED that the Encroachment Permit shall remain valid and
run with the property so long as the installation of the landscaping alongside the sidewalk on
202 West First Street, Laurel MT, is being undertaken.
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Introduced at a regular meeting of the City Council on the 24"' day of October 2023, by
Council Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel the 24"' day of
October 2023.
R23-82 Approve Encroachment Permit for 202 West First Street (Sunshine Academy)
APPROVED by the Mayor the 24t" day of October 2023.
ATTEST:
e e-rk-fr-e—asurer
—
ill tre
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APPROVED AS TO FORM:
Michele L. Braukiiiann, Civil City Attorney
CKTY OF LAI� L
Dave Waggoner, Ma,o�
R23-82 Approve Encroachment Permit for 202 West First Street (Sunshine Academy)
Instructions:
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PO BOX 10 LAUREL, MT 59044
EncrPermit
1. Submit a completed Encroachment Permit application in duplicate (original signatures on both) with all
necessary supplementary documents to the Public Works Department.
2. Pay the Encroachment Permit fee as established by the adopted Laurel Schedule of Fees at time of permit
submittal.
3. The Public Works Department will review the application and approve, approve with conditions, or deny the
permit application within 10 working days.
4. If the Public Works Department decides to approve or approve with conditions, Application will be sent to City
Council for final approval.
5. If the Public Works Department denies the application, the applicant may appeal to Laurel City Council.
6. Permit approval will be followed by a return of a fully executed and approved permit form.
The undersigned herby makes application for permission to encroach upon public right of way within the city limits of
the City of Laurel, MT at the location described below and as shown on the attached site plan hereby made part of the
application.
Applicant Name (or Representative):
Job Address:'
Legal description: Lot #: /
Block: Tract: 2-1 -
Property Owner: Property Owner Phone:67 Vit°
Property Owner Address:. i t eJ 10, d ,r�'`_, Email: ,^ o
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Contractor: ~> �� - Business Phone: Yep 61 ,92 12
City of Laurel Business License #:
Completion Date:
Project Description:
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Email:
Location of installations or structures to be installed: 0 Ir, tAo, Ct
Permit timeline (Length of time Permit is Desired for): r� a s
I, the undersigned, request permission to work in the public right- of- way within the city limits of the City of Laurel, MT,
at the above location subject to the rules and regulations set forth in Chapter 12 of the Laurel Municipal Code specifying
current Montana Public Works Standard Specifications. In consideration for this permission, the applicant agrees to the
following:
1. All construction concerning this permit will be in a safe manner so as not to interfere with or endanger public
travel and to perform all work in a neat and workman type manner using material acceptable to the Building
Official or the Director of Public Works and that the right- of- way will be cleaned and left in a condition equal to
or better than the original condition.
2. The applicant will fully protect the traffic on the highway, street, alley, sidewalk, or public right-of-way during
construction covered hereunder by proper and applicable signs, barricades, flagmen, and lights to indemnify and
hold harmless the City of Laurel, its officers and employees, from all damages, expense, claims or liabilities
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The attached application for encroachment permit filed by
approved subject tothe following conditions:
is hereby granted and
1. TERM: This permit shall beinfull force and effect from the date hereof until revoked asprovided inSection 3
herein.
2. RENTAL FEES: Annual Encroachment Rental Fees shall be as established by Resolution of the City Council.
3. REVOCATION: This permit may berevoked bythe City upon written notice toPermittee, atthe address shown
on the application hereto attached, but the City reserves the right to revoke this permit without notice in the
event Permittee breaks any conditions or terms of the permit application or as set forth herein.
4. COMMENCEMENT OFWORK: Nowork shall becommenced until permittee notifies the Public Works
Department when heproposes tocommence work.
5. CHANGES |NSTREET: If the City changes street, necessitating changes in the structure or installation under
this permit, Permittee shall make necessary changes attheir own expense.
6. CITY SAVED HARMLESS FROM CLAIMS: |naccepting this permit the Permittee, their successors nrassigns, agree
to protect the City and save it harmless from all claims, actions or damage of every kind and description which
may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance
of any such work, character of materials used or manner of installations, maintenance and operation or by the
improper occupancy of said right-of-way, and in case any suit or action is brought against the City and arising out
of, or by reason of, any of the above causes, the Permittee, their successors or assigns, will, upon notice to
it/h}mufthecommencementofsuchactiondefendthesameatits/his sole cost and expense and satisfy and
judgement which may berendered against the City inany such suit oraction.
7. COMPLETION —CITY APPROVAL: All work completed under this permit must betothe satisfaction ofthe[ity.
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