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Parks Department Attorney Michael Schmidt asked how the Committee would like him to frame <br />his presentation on the legal aspects of Elbel. <br />Councilmember White asked about the ownership and authority of Elbel Park. <br />Mr. Schmidt explained that there was a disconnect with where the Parks Board was coming <br />from, and with what the community understood as the Parks Board's obligations according to the <br />statutes. The initial step was the Park Board's statement to the Mayor that it is up to him to <br />decide what to do with the land. At that point, it is up to the Mayor to bring forth a resolution to <br />the Council to make the determination of whether or not to sell the property. As that process <br />evolved and we had excellent involvement from the community, the next stage of the discussion <br />started to veer its way toward a lease, which is governed by 36- 10 -3 -11. Essentially, the Park <br />Board has great authority and flexibility to enter into leases of parks property absent Council or <br />the Mayor's specific approval, just as the Park Board can enter into any contracts. There are <br />some limitations. Leases cannot extend past fifty (50) years, but they do have flexibility when it <br />comes to leases. Right now, we are trying to determine what the best long term use of this land <br />is. <br />From a legal perspective, if there is going to be a sale of the land, there is clearly a process that <br />involves the Park Board making a recommendation, then it goes to the Mayor's Office, then it <br />comes to the Council who is the ultimate authority on deciding whether or not to sell park <br />property. <br />Councilmember White clarified that in terms of the lease agreement, the Park Board can make <br />that decision without going to the Mayor. But if any park land were to be sold, then that process <br />would be that the Park Board would make a recommendation to the Mayor, then the Mayor <br />would send a resolution to the Common Council to approve. <br />Mr. Schmidt stated that Councilmember White is correct. The Park Board's only authority in a <br />sale is to make a recommendation, and the Mayor cannot single - handedly sell parks property <br />without Council approval. If the Council does not approve the resolution, the land does not get <br />sold. It is a checks and balances of power. <br />Councilmember Broden asked a clarifying question regarding the threshold for leases. <br />Mr. Schmidt referred to the first bullet point under the statute, under 35- 10 -3 -11 that states the <br />board may enter into contracts and leases for facilities and services, then it lists a variety of other <br />powers that the Park Board has, then it says that the Board may lease any buildings or grounds <br />belonging to the unit, located in a park to a person for a period not to exceed fifty (50) years. <br />Further in the statute, there is reference to a $25,000 threshold. If the yearly lease rate is under <br />$25,000, then it does not need the Mayor or the Common Council's approval. <br />Councilmember White asked when Elbel Park was given to the City, were there any expectations <br />regarding deed restrictions. <br />Mr. Schmidt stated that there were none that he was aware of. <br />2 <br />