05-11-88 Council Minutes - Laserfiche WebLink

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MINUTES City Council May 11, 1988 Spooner~ Fahey r•epor•ted that the School Distr•ict also wants assur~ance that if Par~k ( Cont. ) the Ci ty pur~chases the property i t wi 11 be used for• par•k pur•poses for as long as they have a school located adjacent to it. The School Distr•ict wants a restrictive covenant placed on the pr~oper•ty restr•icting its use to par•k and r•ecr•eation pur~poses. The City Attor•ney pointed out the difficulty the property owner of the old Little Canada School building had in dealing with the School Distr~ict on that site. Therefor•e, the Attor•ney did not feel the City should put itself into a position of needing the consent of the School Distr•ict on Spooner• Par~k. The Attor•ney stated that the convenant would be a cloud on the title of the pr~oper~ty. Fahey noted that the City is paying fair• mar•ket value for• the land and if a developer~ pur•chased the pr•oper•ty at fair• mar~ket value, ther•e would be no r•estr•ictions placed on the land. Fahey suggested that the City give the School Distr•ict a letter~ of intent stating that the pr~oper•ty would be used for~ par•k pur•poses. Scalze pointed out that the City is pur•chasing the pr~oper~ty under• the assumption of R-1 zoning r•ather than Public zoning. The City is paying a pr•emium for• the land because of this and felt that ther~e should be no r•estr~ictions placed on the pr~oper~ty. Blesener agr•eed that r•estr~ictions lessen the value of the land. Mr. Fahey intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-187 - INSTRUCTING THE CITY CLERK TO ADUISE THE SCHOOL DISTRICT THAT BASED ON THE ADVICE OF THE CITY ATTORNEY TO THE CONTRARY AND GIVEN THE FACT THAT THE CITY IS PAYING WNAT IT BELIEVES TO BE FAIR MARKET VALUE FOR SPOONER PARK, IT DOES NOT AGREE TO A REVERSIO~IAGREEMENT AS PART OF THE SPOO~IER PARK PURCHASE, BUT 41ILL SUBMIT TO THE SCHOOL DISTRICT A LETTER OF INTENT AS TO TNE CITY'S USE OF TNE PROPERTY FOR PARK PURPOSES AND WILL WORK WITH THE SCNOOL DISTRICT IN THE FUTURE IN THE EVENT OF ANY CNAPJGE IN THAT USE The for~egoi ng r~esol uti on was duly seconded by Mr•. B1 esener~. Ayes (5) Fahey, Blesener•, Collova, LaValle, Scalze. Nays (O1. Resolution declared adopted. This r~esolution appear•s in Resolution Book No. 19, Page 190. The City Engineer• repor•ted that he will be meeting with Paul Bor•g to show him the boundar~ies of the pr•oper~ty that the City is pr~oposing to pur•chase. Page -19-