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Regular City Council Meeting Monday, December 03, 2012 Page 30 City Manager Malinen focused on firms identified as "Civil 3" and "Civil 4" as the finalist firms, and reviewed the rationale for recommending "Civil 3" for City Council ratification of the City Manager appointment of that firm; and au- thorizing him to negotiate an acceptable contract for those services as outlined. Based on City Manger Malinen's analysis and recommendations for revising City ordinance to address assignment of legal fees to applicable development projects in an effort to recoup funds, and potentially reducing the "Civil 3" pro- posal further versus paying those costs from taxpayer funds, further discussion ensued on the practical application of such a provision and impacts to the re- tainer for legal services. At the request of Councilmember Pust, City Manager Malinen advised that staff should be able to negotiate a contract for presentation to the City Council at their December 10, 2012 meeting; using the existing contract developed by the City Council three (3) years ago and used as a part of the Request for Proposals (RFP)process for all firms submitting proposals, including"Civil 3." City Manager Malinen suggested that revisions to the City's Ordinance be rec- ognized as an alternative in negotiating a contract; with formal ordinance revi- sions moving forward early in 2013. Councilmember Pust suggested that the City avoid serving as a collection agent for attorney fees from developers; with City Manager Malinen responding that the City could require that all legitimate billings as part of the review of applica- tions be finalized prior to issuing applicable permits. After further discussion, Mayor Roe recognized the City Council consensus in directing staff to take the approach and proceed with contract negotiation for "Civil 3"and proposed ordinance revision as applicable. Confirm Advisory Commission Reappointment/Appointment Process City Manager Malinen briefly reviewed this annual consideration, as detailed in the RCA dated December 3, 2012; specifically referring Councilmembers to the proposed calendar on page 2 of the RCA. Willmus moved, Johnson seconded, confirmation of the reappoint- ment/appointment process for Citizen Advisory Commissions in 2013. Mayor Roe suggested that Councilmember McGehee's request to discuss reap- pointment and term limits be addressed as a separate item for future agenda consideration. Roll Call Ayes: McGehee; Pust; Johnson; Willmus; and Roe. Nays: None.