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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