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Regular onday City anuary Council 27 Meeting M ,J , Page 27 At the request of Councilmember McGehee, Finance Director Miller noted that this was a unique circumstance with the tenant going bankrupt, and Roseville Properties required to absorb this cost, even though the City Code says it is the ul- timate responsibility of the property owner to be aware of what utility fees are be- ing assessed to their tenants. At the request of Councilmember Etten, Mr. Miller clarified that the total due rep- resented only utility fees, but as part of the bankruptcy requirements, the City had found it necessary to suspend them for several years, with no interest or penalties able to be applied during that time period,representing direct costs. At the request of Mayor Roe, Mr. Miller clarified that these fees represented less than one year's charges, with the tenant making no effort to pay them until the City started collection processes the end of 2009, at which time the tenant filed for bankruptcy. At the request of Councilmember Willmus, Mr. Miller was unable to respond whether this usage was generated by one tenant, as this was a multi-tenant de- signed building which could be subdivided; but he thought it appeared to be one tenant occupying the entire building. At the request of Mayor Roe to establish a payment plan for the property owner, City Attorney Gaughan advised that City Code did not address that, and ques- tioned if the City would consider outstanding amounts no longer past due if a payment plan was in place, opining that it would be difficult to come up with a definitive answer on that point alone, but would basically be up to the City Coun- cil on how it chose to interpret its own code. At the request of Councilmember Laliberte, Finance Director Miller responded that, while cross checking internally among departments may have alerted the Fi- nance and Billing Department to the situation and who the property owner was, it still wouldn't have been discovered or directed to Roseville Properties, as the property was under an LLC and not discovered until that notice to the LLC was forwarded to Roseville Properties. Mark Rancone,Roseville Properties Mr. Rancone thanked Mr. Miller for elevating this to the City Council level; and reviewed this unusual situation, as evidenced in his e-mail to City Manager Trudgeon dated December 2, 2013, provided as a bench handout, and attached hereto and made a part hereof Mr. Rancone noted that, when tenants had their own private security contract (e.g. fire and security alarm billings) the property owner typically didn't know about that, as they contracted with someone else, with any false alarms then charged accordingly. However, Mr. Rancone noted that a problem was that one tenant could monopolize that situation in a multi-