Minutes - Council - 11/18/2008 - Special

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Mr. Sliderman stated that when he was in the armed forces, he was a JAG, and every client was allowed due process and he hopes the City would allow the same thing. He suggested that this is one more reason to allow for due process. He stated that this is a complex case and he would like to get the experts before the Council that knows how a small loan businesses are operating. City Attorney Goodrich stated that his closing argument will be submitting Findings of Fact to the Council. He stated that the City has heard continually that this is lacking due process, but, in his opinion, it is the opposite. He stated that there was no notice to the City that Mr. Jerdin couldn't get an attorney and Mr. Jerdin knew on March 3, 2008, that he was advised thoroughly by Hearing Examiner Scott that he could have an attorney. He reiterated that due process has been served. He stated that Mr. Jerdin has not contacted the City with any questions and thinks the claim that he doesn't understand the process is false and Mr. Jerdin knows this process. He stated that he doesn't think any more experts are needed because there are qualified licensed peace officers that have testified. He stated that City Code section 7.13 is not very complex. He stated that it was stated in the minutes from May 27, 2008, that the issues would be taken care of. He stated because of the late hour he will not repeat the evidence presented. He stated that the criminal matters are very serious and he would like to submit Findings of Fact at a subsequent Council meeting. Mr. Sliderman stated that he has indicated the type of experts they would like to bring in. He stated that the pawn system was upgraded in August, which has caused problems and crashed in September. He stated that testimony from people in this field will distinguish what is intentional wrongdoing versus simple mistakes and errors. He stated that along with that he would like to have experts on entrapment of a $15 drill and the inappropriate law enforcement procedure and documentation. Motion by Councilmember Dehen, seconded by Mayor Gamec, to direct both counsels to submit Findings of Fact to the City Administrator's Office by Monday, November 24, 2008 at 4:30 p.m., to be ready for the Council meeting on Tuesday, November 25, 2008 Motion carried. Voting Yes: Mayor Gamec and Councilmembers Dehen, Look and Olson. Mayor Gamec recessed the Special City Council Meeting at 9:38 p.m. and reconvened at 9:44 p.m. 2) Discussion of Acquisition of Real Estate at 16600 St. Francis Boulevard, 16601 and 16651 Quicksilver Street NW, Related to Improvement Project #08-21, Construction of Water Tower #3 City Attorney Goodrich recommended moving to closed session to discuss this case. Motion by Councilmember Olson, seconded by Councilmember Dehen, to move into a closed seSSiOn. Motion carried. Voting Yes: Mayor Gamec and Councilmembers Olson, Dehen, and Look. Voting No: None. Absent: Councilmembers Jeffrey and Strommen. Special City Council Meeting / November 18,2008 Page 18 of 19