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<br />Councilmember Dehen stated that he agreed with City Administrator Ulrich and felt that <br />Connexus Energy may also say that the City never tried to collect this money. He stated that he <br />feels it is the City's duty to try to collect this money. <br /> <br />Councilmember Olson stated that she feels that is what our contract with Connexus Energy <br />covers, to bill and collect this money. <br /> <br />City Attorney Goodrich stated that the City chose not to contract with Connexus Energy for <br />collections. <br /> <br />Councilmember Olson stated that she feels this is their responsibility because these are not <br />delinquent accounts because they never billed them. <br /> <br />Councilmember Jeffrey asked if the City would write a check to the customers that appear to <br />have over paid their accounts. <br /> <br />Finance Officer Lund stated that the City would do that, but noted that these customers are not <br />aware that the City over billed them. <br /> <br />City Administrator Ulrich stated that the companies should be aware because they received the <br />notice in October of2003, which included the spread sheet details. <br /> <br />Finance Officer Lund stated that she needs direction on whether the Statute of Limitations begins <br />from the date the letter was sent to the customers or from today's date. <br /> <br />City Attorney Goodrich stated that the Statute of Limitations is for up to 6 years. <br /> <br />Assistant City Administrator Nelson stated that she had spoken with Larry Peterson from <br />Connexus Energy in March or February 2007 and he indicated that Connexus Energy was not <br />interested in offering anything to the City above what had been on the table previously. She <br />stated that Connexus Energy offered the City free billing for three quarters, which was about <br />$42,525. <br /> <br />Councilmember Look arrived at the meeting. <br /> <br />Mayor Gamec stated that he would like to see this matter taken care of and suggested that the <br />City try to get a settlement of $60,000 or $70,000 from Connexus Energy and be done with it. <br /> <br />City Attorney Goodrich stated that the City has tried to negotiate with Connexus Energy and <br />never seemed to get anywhere. He stated that there were discussions about ways other than a <br />cash payment to resolve this issue. <br /> <br />Assistant City Administrator Nelson stated that there were many options discussed, but none <br />were formalized. She stated that some of these discussions were, a potential labor write down <br />for installation of street lights in Town Center, equipment, or some land, but reiterated that there <br />was nothing formalized and no evidence of these discussions. <br /> <br />City Council Special Meeting /October 2, 2007 <br />Page 3 of 11 <br />