01-28-1985 Council Packet - Laserfiche WebLink

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Mr. John Holton, Attorney Page 2 Or first thought, expressed at the Maid meeting, was that finds could be expended through Cumurdry EAca[ion. 'Kris is a division of our school budget sustained primarily by tax levies, state aids and fees. Bob Gt®tad, State Director, has since told us that no Coamrdty EAration fads may be expended for Capital Outlay. Rather, such funds sort be for consumable item. As an example, he indicated that tennis court construction would be forbidden but that nets could be purchased. I then contacted Floyd Erickson of the School Facilities Section of the State Dept. of Education, outlined the problem and asked if regular Capital Outlay furls could be expended for such a purpose. Mr. Erickson cited M.S. Chapter 471.16-19 which covers the rights and posers of political subdivisions regarding recreational facilities. He feels that, particularly under Section 471.16 which permits political subdivisions to 'cooperate among thamselves in any maser in which they novelly, agree," we could legally make etch an expenditure of funds. He indicated that our proQosal seems to meet the "spirit and intent of the ]aw, if not the absolute letter. If the School board realizes that the two entities (the city and the school district) have jointly developed the original premises over the years for their ritual benefit and, if the Board accepts the commitment to assist in replacing what the unity has lost, Mr. Erickson feels that we could cooperate in the maser outlined above. He realizes that "a gift is a gift" and that the board has no legal obligation. however, by its action, the Board would be acknowledging the contribution to the school grounds by the comity and compensating them for that contribution. While we would not anticipate any taxpayer objecting to the expenditures, we want to be certain we are m solid legal ground prior to giving Maple Plain any assurance that we would cooperate. Mr. Erickson agreed that we should pose the question to the district's legal counsel. Ihne district presently uses Maple Plain park facilities, as well as other city recreaticnal facilities, in its Comity Education program. It is assumed that our Director would also utilize the proposed new errs far our rp�roo��¢ram. I might add that the Maple Plain facilities are used by young people t rl rng�fout the district, particularly by Close living in adjacent cities such as Independence and Medina. In fact, we understand that they serve ®re youth f=-...n outside Maple Plain than they do from within their on boundsrfes. We will look forward to your reply and wild appreciate receiving it in written form for later reference. Our Heed meets December 10 but, if that date is not convenient, we will asks your reply available to them at the Jamsary meeting. Sinncerely, William A. Fenholt Ass't. to the Sat. CC: Mr. James Seiter, Supt. School Board Meyers