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MINUTES <br />CITY COUNCIL <br />December 27, 1989 <br />The City Planner replied that it is not intended that <br />the easements be in favor of the City. The Planner <br />stated that he is confused as to why the proposed <br />property line is down the middle of the track and not <br />to the side of it. <br />Blesener replied that he assumes that the School <br />District is trying to retain as much property as <br />possible and not have the property line too close to <br />the building. <br />Fahey asked if the City cares from a legal standpoint <br />if the property line runs down the middle of the track. <br />The City Attorney replied that it does not appear that <br />the City has any interest. <br />The Planner questioned if 916 sells the property if the <br />cross easements would still be valid. <br />Blesener pointed out that both school districts have <br />first-right-of-refusal on the propertieso <br />Flynn stated that there is an agreement between the <br />school districts for shared use of recreational <br />facilities. Flynn also reported that the position of <br />the property line dividinq the property was thought to <br />be the logical place for it by both school districts. <br />Council discussed the park charge for the property and <br />thought that, if applicable, it should be suspended at <br />this time as long as the property would be used as a <br />recreational facility and is available to the City for <br />recreational use. <br />Mr. Blesener introduced the following resolution and <br />moved its adoption: <br />RESOLUTION NO. 89-12-617 - APPROVING THE PROPERTY <br />DIVISION OF THE CAPITAL VIEW SITE AS PROPOSED BY SCHOOL <br />DISTRICT #623 SUBJECT TO THE RECOMMENDATIONS OF THE <br />CITY PLANNER AS CONTAINED IN HIS REPORT DATED DECEMBER <br />12, 1989 WITH THE EXCEPTION OF RECOMMENDATION #1, AND <br />SUSPENDING THE PARK CHARGE FOR THE SUBDIVISION AS LONG <br />AS THE RECREATIONAL FACILITIES ON SITE ARE AVAILABLE <br />FOR USE TO THE CITY <br />The foregoing resolution was duly seconded by Fahey. <br />Ayes (4) Blesener, Fahey, Collova, Scalze. <br />Nays (1) LaValle. <br />Resolution declared adopted. <br />Page 12 <br />