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ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 4 Ms. Olson summarized the Sheehy Tennis Court Lease Agreement. She recommended Council allow staff further time to evaluate all potential uses of this site. Therefore, staff recommends approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from April 9, 2007 until December 31, 2007. Staff will bring back a comprehensive report to a future meeting for further discussion. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve a Temporary Restated and Amended Lease Agreement dated April 9, 2007 Allowing Arden Hills Association #3 to Have Exclusive Use of the Sheehy Tennis Court from April 9, 2007 through December 31, 2007. Councilmember Holden stated she would be voting against this because she believed they violated the original lease by not paying the City and not maintaining the Court. Councilmember McClung stated he would also be voting against this for the same reasons as well as having an exclusive lease for land that was donated to the City. He requested staff send this to the PTRC and come back with a proposaL Councilmember Holmes stated she believed this should be extended for another year, but agreed the PTRC should look at this. She stated she did not believe anybody outside of the association would play tennis on this Court anyway. She noted they did need a discussion on how they could get the association to maintain the court. Mayor Harpstead stated he believed this was a reasonable request and he would be voting in favor ofthe motion. Councilmember Grant stated he would be voting in favor of the motion because by the association obtaining the insurance it was a better situation then not having insurance and he believed allowing staff additional time to evaluate this was appropriate. Councilmember Holden stated she believed if the court was maintained, it would be used by the public. Councilmember McClung noted there has not been any upkeep to the facility and it was in poor shape and simply extending this to deal with the liability issues was not enough for him to vote in favor of this. Todd Elbertson, Association Representative, stated shortly after they signed the agreement, they did have the court power washed and the cracks filled. He noted before they did this again, they wanted to have assurance that they had a new agreement. He indicated the court was due again for this type of maintenance. The motion carried (3-2 Councihnembers Holden and McClung opposed).