HomeMy WebLinkAboutResolution No. R23-86�It . i i i.
RESOLUTION OF !UNCIL APPROVING AN ENCROACHMENT
FOR ! OF OFF SECOND
SECOND AVE NUE.
WHEREAS, Ron Seder, the Owner of the Building located at 49 Second Avenue,
Laurel MT (hereinafter "the Property Owner"), has filed an Application seeking an
Encroachment Permit authorizing the installation of bollards in the alleyway off Second
Avenue near #9 Second Avenue, Laurel MT;
WHEREAS, the Property Owner has advised that a portion of the City alleyway, which
is a public right-of-way, will be encroached;
WHEREAS, the Property Owner has represented that the use will not unduly impact or
impede traffic in the alleyway,
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 authorizing the installation
of bollards in the alleyway off Second Avenue near #9 Second Avenue, Laurel MT; and
BE IT FURTHER RESOLVED that the Encroachment Permit shall remain valid and
run with the property for thirty (30) days.
hltroduced at a regular meeting of the City Council on the 10' day of November 2023,
by Council Member Wheeler.
PASSED and APPROVED by the City Council of the City of Laurel the 14"' day of
November 2023.
APPROVED by the Mayor the 14`x' day of November 2023.
R23-86 Approve Encroachment Permit for Alleyway Near #9 Second Avenue
ATTEST:
M1 Str er, Clerk -Treasurer
APPROVED AS TO FORM:
#i,h&
Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
Dave Waggoner, a °or
R23-86 Approve Encroachment Permit for Alleyway Near #9 Second Avenue
October 5, 2023
City Of Laurel
R O. Box 10
Laurel, MT 59044/1
Attention: Jason Gonzales
I Ron Seder owner of the new office building at #9 2 nd ave. I am asking for an
easement in the alley of this property to install 4 bollards. 1 }pollards would be
placed on the corner as you turn into alley to protect building structure from
traffic turning into alley. The 2nd bollard would be place next to new gas meters
being installed and 3' pollard would be to protect electrical panels. The 4t' pollard
would be installed next to gas meter for the king koin'laundromat building. If you
have any question feel free to contact me at 406-855-5050.
Thank You for your prompt attention to this matter.
Sincer!ly,
Ron Seder
The bollards would be 20 to 22in out from back of building.
Instructions:
CITY OF LAUREL, M T
PO BOX 10 LAUREL, MT 59044
Encroachment Permit
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 Rsentative):
Job Address:
Legal description: Lot #: _ ;.
Property Owner:
Block: Tract: (D
Property Owner Phone:,{� ~0
Property Owner Address: -1 t, V + M*3
Contractor:
City of Laurel Business License #:
Completion Date:— %/ - 22" -. 2 3
Project Description:
Location of installations or structures to be installed:
Permit timeline (Length of time Permit is Desired for)
Email:t q; gam/ 1Gi
Business Phone: ':�-"- --S� -� :sem
Email: i^ 1 i 91,2f!;—.—,'3
C
1, 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
SPECIAL PROVISIONS TO ENCROACHMENT PERMIT
The attached application for encroachment permit filed by is hereby granted and
approved subject to the following conditions:
1. TERM: This permit shall be in full force and effect from the date hereof until revoked as provided in Section 3
herein.
2. RENTAL FEES: Annual Encroachment Rental Fees shall be as established by Resolution of the City Council.
3. REVOCATION: This permit maybe revoked by the City upon written notice to Permittee, at the 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 OF WORK: No work shall be commenced until permittee notifies the Public Works
Department when he proposes to commence work.
5. CHANGES IN STREET: If the City changes street, necessitating changes in the structure or installation under
this permit, Permittee shall make necessary changes at their own expense.
6. CITY SAVED HARMLESS FROM CLAIMS: In accepting this permit the Permittee, their successors or assigns, 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/him of the commencement of such action defend the same at its/his sole cost and expense and satisfy and
judgement which may be rendered against the City in any such suit or action.
7. COMPLETION —CITY APPROVAL: All work completed under this permit must be to the satisfaction of the City.
Any required corrections to such work performed must be made at the Permittees expense.