10. Resolution 5159 - Resolution of Intent & Call for PH - Encroachment EasementCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles I Zarb all, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5159, Notice of Intent to Sell Easement
and Call for a Public Hearing
MEETING BATE: Monday, November 6, 2006 — Regular Meeting
BACKGROUND: The City Council has been apprised at work sessions recently
regarding the setback encroachment caused by Dr. Daniel Abbott on the city owned
Buffalo Hill Golf Course. Dr. Abbott has made an offer to the City to purchase a
setback easement to "cure" the encroachment. Prior to making such a
determination as selling public property, the City should have a public hearing
regarding the matter. This resolution states the intention of Council to consider the
sale, calls for a public hearing and directs the City Clerk to give public notice of the
hearing.
RECOMMENDATION: That the City Council pass Resolution No. 5159 stating its
intent to give the sale consideration, call for a public hearing and direct the City
Clerk to give public notice of the hearing.
FISCAL EFFECTS: None at this time.
Respectfully submitted,IN
i.
Charlesti6rba ity Attorney James H. Patrick, City Manager
RESOLUTION NO. 5159
A RESOLUTION OF INTENT TO SELL A SETBACK ENCROACHMENT EASEMENT ON
THE CITY OWNED BUFFALO HILL MUNICIPAL GOLF COURSE TO DR. DANIEL
ABBOTT, SETTING A PUBLIC HEARING AND DIRECTING THE CITY CLERK TO
PROVIDE NOTICE THEREFORE.
WHEREAS, Dr. Daniel Abbott owns property at 86 Juniper Bend, Kalispell Montana, adjacent to the
City owned Buffalo Hill Municipal Golf Course; and
WHEREAS, Dr. Daniel Abbott caused improvements to be made to his above -described real property
that created an illegal encroachment within the Kalispell City zoning requirement of a 20-
foot setback from the neighboring property, the Buffalo Hill Municipal Golf Course; and
WHEREAS, Dr. Daniel Abbott has offered to purchase a setback encroachment easement from the
City in an effort to cure the illegal encroachment; and
WHEREAS, subject to MCA 7-8-4201, the city council may sell, dispose of, or lease any property
belonging to the city by an ordinance or resolution passed by a two-thirds vote of all the
members of the council; and
WHEREAS, prior to selling City owned property the City should hold a public hearing on the matter
after giving due and proper notice of said hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IKALISPELL,
AS FOLLOWS:
SECTION L That there is hereby set a Public Hearing on the 20th day of November,
2006, at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell,
Montana, to discuss a proposal to sell a setback easement on the Buffalo
Hill Municipal Golf Course to Dr. Daniel Abbott.
SECTION II. The City Clerk is hereby authorized and directed to make, publish and
distribute notices of said Public Hearing in conformity with state law.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, ON THE 6TH DAY OF NOVEMBER, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk