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MINUTES <br />CITY COUNCIL <br />JUNE 20, 2011 <br />CANADIAN The City Administrator presented the Council with a contract for <br />DAYS fire works at Canadian Days with RES Specialty Pyrotechnics in the <br />FIRE WORKS amount of $5,000, which is the same cost as last year. The Administrator <br />noted that the City has budgeted $4,000 for this expense, and Canadian <br />Days will pay the remaining $1,000. The Administrator reported that RES <br />is the Canadian Days Committee's preferred provider. <br />Blesener introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2011 -6 -126 — APPROVING THE CONTRACT <br />WITH RES SPECIALTY PYROTECHNICS IN THE AMOUNT OF <br />$5,000, WITH THE CITY PAYING $4,000 OF THE COST AND <br />CANADIAN DAYS PAYING $1,000, AND AUTHORIZING THE <br />MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE <br />CONTRACT ON BEHALF OF THE CITY <br />The foregoing resolution was duly seconded by McGraw. <br />Ayes (5). <br />Nays (0). Resolution adopted. <br />VANCE The City Attorney reported that he has reviewed the letter from an <br />JOHNSON attorney recently hired by Vance Johnson relative to Johnson's agreement <br />with the City and the clean -up of his property. The City Attorney reported <br />that Mr. Johnson has the right to withdraw his consent to the agreement. <br />He noted, however, that should the City proceed with a new agreement <br />with Johnson, he would have the right to withdraw his consent again. <br />Therefore, rather than renegotiating an agreement, the City Attorney <br />suggested that the City monitor whether or not Mr. Johnson proceeds with <br />the established timelines for property clean up. <br />The City Attorney indicated that he would correspond with Mr. Johnson's <br />attorney, specifically noting that there are provisions in the agreement that <br />are more favorable to Mr. Johnson that State Statute. Specifically, if the <br />nuisance has to be abated, the City has agreed to assess costs over a five <br />year period rather than the one year period established in State Statute. <br />Blesener noted the attorney representing Mr. Johnson raised concerns with <br />the indemnity clause contained in the agreement. The City Attorney <br />replied that the City's interests are in getting the property cleaned up. <br />Blesener also pointed out the footnote relative to the article in the Pioneer <br />Press, and the fact that the City did not initiate the article in the Press. The <br />City Administrator reported that the Press learned of the situation when <br />14 <br />