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<br />City Attorney Goodrich stated that staff and Councilmember Dehenhad consulted with an <br />attorney to review the feasibility of taking legal action against Connexus Energy and the attorney <br />did not give an overwhelming endorsement that the City should move in that direction. <br /> <br />Councilmember Dehen asked if the fact that Vision Ease had filed for bankruptcy would prevent <br />the City from collecting the correct amount they owed. He asked why Vision Ease had not been <br />included in the collection spread sheet information. <br /> <br />City Attorney Goodrich stated that some of the bankruptcy laws have changed, so it may be <br />possible. <br /> <br />Finance Officer Lund stated that Vision Ease was not included because no formal bill was ever <br />sent to them and the City had no lien on the property at that time. She stated that when they <br />entered bankruptcy, she was contacted by Vision Ease's attorney and she informed him that the <br />City could go back six years to collect money, but she is unsure of what the bankruptcy rulings <br />are on this. <br /> <br />Councilmember Dehen clarified that the City can collect the amount incorrectly billed only back <br />six years, which is the Statute of Limitations. <br /> <br />Mayor Gamec stated that if the City had made a firm decision right away, he would have a better <br />feeling about pursuing collection from the businesses. He stated that he is uncomfortable putting <br />this on the businesses tax rolls. He stated that by pursuing the businesses, he feels the City is <br />asking for more trouble than it is worth. <br /> <br />Councilmember Jeffrey stated that this will impact businesses. For example, if he got a bill for <br />$13,000 because he was under billed in the past, it would cause problems. He stated that <br />businesses budget based on history and expectations and he feels getting this type of bill would <br />put some of the people who live paycheck to paycheck out of business, however, he does not <br />disagree that they owe the money. <br /> <br />Councilmember Dehen stated that he was not involved when this situation happened, but he <br />thought that there was a letter ready to send to customers, but the City Council never made a <br />decision to send it. <br /> <br />Finance Officer Lund stated that the letter was sent out informing businesses. that the City had <br />discovered the problem, but the City Council never gave any direction to bill the customers for <br />the missed amount of money because the City believed that Connexus Energy would step <br />forward and help. <br /> <br />Public Works Director Olson arrived at the meeting. <br /> <br />Councilmember Dehen stated that this is public money that should belong to the City. He stated <br />that the businesses have had a benefit for a few years in not having to pay the correct amount. <br /> <br />City Council Special Meeting /October 2, 2007 <br />Page 4 of 11 <br />