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City Administrator Ulrich stated the City would not support exemptions until completing the rule <br />process to determine whether it meets the City's needs. If it is determined it is not working and <br />the City wants to be exempt, the City will request to be included in the legislative exempting <br />from the rulemaking process. <br />Councilmember Kuzma asked if the MPCA is done taking input from cities in this regard. <br />Development Services Manager Gladhill stated the DNR is doing the rule making and the public <br />process is not yet complete. <br />The consensus of the Council was to keep the Legislative initiatives for: State Bonding for <br />Interchange at U.S. Highway 10 /Armstrong Boulevard, Ground Water, and Mississippi River <br />Corridor Critical Area (MRCCA) Rulemaking. Because the rest of the Legislative initiatives are <br />referenced from other platforms, that distinction will be included. This revised Legislative <br />Platform will be formally brought to the Council on January 14, 2014. <br />2.03: Discuss Real Estate Broker Services Contract with CBRE and Phase One Property <br />Listing <br />Assistant to the City Administrator Brama presented terms of the negotiated contract with CBRE <br />for professional real estate broker services to facilitate the sale of City -owned land as well as <br />Phase 1 land inventories that staff recommended be included in the listing agreement. He then <br />presented Phase 2 land inventories that would not be included in the listing agreement at this <br />time. <br />Councilmember LeTourneau stated some of the properties already have potential buyers. He <br />suggested paying a commission only on a new buyer but not on a potential buyer that is already <br />"on deck." <br />Assistant to the City Administrator Brama suggested that be worked out in the contract to assure <br />there is not a future conflict or legal issue. <br />City Attorney Langel explained the problem with that approach is that commercial real estate <br />brokers look at being in competition with the City in trying to sell the property. Rather, the <br />broker wants to be in total control of selling the properties. He explained their client list is based <br />on fairly loose discussions with potential buyers, whether the sale occurs within the term of this <br />contract or six months after the contract. <br />Councilmember LeTourneau suggested the specific person be called out by the City. <br />City Manager Ulrich stated some of the properties on the Phase 2 list have pending buyers so <br />staff is recommending they not be included at this time. <br />Mayor Strommen supported the process, noting it will allow time to determine whether there are <br />interested buyers for Phase 2 properties. <br />City Council Work Session / January 7, 2014 <br />Page 9 of 13 <br />