7. Resolution 5119 - Resolution of Intent & Call for PH - Encroachment EasementCity of Kalispell
Charter A_ Harball Office of City Attorney
City Attomey 312First Avenue East
P.O. Box 1997
Kalispell, M -17
MEMORANDUM
O: Mayor Pamela B. Kennedy
and Kalispell City Council
Tel 406.758.7708
Fax 406,758.7771
charball@kalispell.com
FROM: Charles Harbal ., City Attorney
James H. Patrick, City Manager
SUBJECT: Resolution No. 5119, Notice of Intent and Call for Public
Hearing Regarding Request to Purchase Encumbrance
Easement from. City on Buffalo Hills Golf Course
MEETING DATE: Monday, June 5, 200, Regular Meeting
BACKGROUND: Dr. Daniel .Abbott owns a home on Juniper Bend adjacent to the
Buffalo Hills Golf Course. Last year he constructed are addition on to his biome that
encroaches upon the 20-foot setback requirement from the city owned golf course.
He also failed to obtain the necessary building permits for the construction. He has
been cited by the City for these e violations and has been summoned into Municipal
Court. Dr. Abbott is requesting that the City consider selling an easement to him to
correct the encroachment violation.
RECOMMENDATION: If the Council wishes to consider and vote upon the sale of
an encumbrance easement, it must first state its intent by resolution and call for a
public hearing. It is the recommendation of the City staff that the offer to purchase
ultimately be rejected by Council. The sale of encumbrance easements to parties
who have created the encumbrances could be reasonably interpreted to create a City
policy that encourages building activities adverse to the City interests.
FISCAL EFFECTS None at this time.
Respectfully submitted,
Cha�es ldb all, City Attorney
James H. Patrick, City Manager
RESOLUTION No. 5119
A. RESOLUTION of INTENT TO SELL AN ENCROACHMENT EASEMENT ONTO
BUFFALO HILLS GOLF COURSE AND CALLING FOR AND FIXING A DATE FOR A
PUBLIC HEARING AND DIRECTING THE CLERK To PUBLISH NOTICE of THIS
INTENT AND HEARING.
WHEREAS, the City of Kalispell owns Buffalo Hills Golf Course, a public golf course located
at the erld of North Main Street; and
WHEREAS,, .S, the City has received a proposal from. Dr. Daniel Abbott requesting that the City
sell him an encroachment easement of 406square feet onto Buffalo Hills Golf
Course, as further described in Exhibit "A"; and
WHEREAS, state law requires that a public hearing be conducted to collect testimony and
evidence, if any, regarding the sale of the easement and that such public hearing
e publicly noticed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KAL S E L ASFOLLOWS:
SECTION 1. A. public hearing shall be conducted at City Council Chambers, 312 First
Avenue East, Kalispell, Montana at :00 pry., June 19, 2006 for the
purpose of collecting testimony and evidence from the public regarding
the City's intent to sell an encroachment easement onto Buffalo Hills Golf
Course, as further described in Exhibit "A". Subsequent to the conclusion
of said hearing the City Council, after considen'ng all spoken and written
communication,, may adopt a resolution approving the encroachment
easement of the subject City owned property.
SECTION . The City Clerk is authorized and directed to give notice of said hearing in
accordance with Section -1- 131, Montana Code Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED Y THE MAYOR of
THE CITY of KALISPELL,, THIS 5TH DAY of JUNE, Zoo .
Pamela B. Kennedy
Mayor
ATTEST:
.....................
Theresa White
City Clerk