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Regular City Council Meeting Monday, May 18, 2009 Page 27 Councilmember Roe advised that he had attempted to capture a variety of poten- tial situations that could occur within a limited time frame that may require staff to act quickly and without opportunity to receive City Council authorization. However, Councilmember Roe noted that the resolution provided qualifications related to matching funds, and providing ongoing reports to the City Council. Councilmember Ihlan noted that there was no policy addressing when City Coun- cil authorization is required, with the resolution only addressing when it is not re- quired. Councilmember Roe noted that the City had no policy in place requiring City Council approval for grant applications, and that usually it was only brought for- ward as a requirement of the granting authority for City Council authorization. Councilmember Roe suggested that a future discussion could provide specific scenarios for the City Council to address, and potential policy development. Roll Call Ayes: Roe; Johnson; Ihlan; Pust; and Klausing. Nays: None. h. Business Items - Presentations/Discussions a. Discuss Recovery of Environmental Clean-up Costs at Twin Lakes Community Development Director Patrick Trudgeon provided information, as de- tailed in the Request for Council Action dated May 1, 2009, related to recovery of environmental clean-up costs at Twin Lakes. Mr. Trudgeon provided a memo- randum previously prepared by Larry Espel of Greene Espel Law Firm, dated De- cember 17, 2007, and discussing laws regarding environmental cost recovery, procedures, and estimate on costs to implement such a process. Discussion included whether a Request for Qualifications (RFQ) or Request for Proposals (RFP) was indicated; threshold for services under $50,000 not requiring an RFP; law firms specializing in this type of environmental law and a short list of those firms; whether upfront costs were tax increment financing (TIF) eligible expenses; and actual and practical steps in the process. Further discussion included determining what the prospects of recovery may be prior to initiating recovery procedures; and staff researching previous firms and information related to this environmental issue, to present to the City Council again for their review and discussion. City Manager Malinen advised that the Greene Espel firm had been engaged by the City in defense of the Northwestern College environmental litigation; and had provided this information at the request of staff prior to seeking RFQ's or RFP's.