11/12/1996 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES NOVEMBER 12, 1996 Council Member Kuether moved to appoint John Bergeson presiding officer for the December 9, 1996 regular Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS Attorney's Report - Mr. Hawkins updated Council regarding the investigation concerning the 1987 Jeep Cherokee purchased at auction by Mr. Taylor. He indicated that he had spoken to Don Volk, the individual involved in the purchase of the vehicle for the City in 1992. He also spoke with Tom DeWolfe and a representative of Big Lake Auto. By way of background, Mr. Hawkins explained that Don Volk attended the Big Lake auction and purchased the 1987 Jeep Cherokee for the City in 1992. The vehicle had been sideswiped prior to the time it was purchased by the City. Mr. Volk had the vehicle delivered for repairs at that time, indicating repairs totaled $2,775. The vehicle was then delivered to the City. Mr. Volk used the vehicle personally, and the vehicle was also used by other City employees. Mr. Volk does not believe anyone including Mr. DeWolfe was aware that the vehicle had been sideswiped. Damage to the vehicle was not substantial in Mr. Volk's opinion; the door was damaged and some other body work was required, including installation of an axle. The vehicle at that time had 39,000 miles on it. Mr. Volk indicated that the vehicle had no problems, other than a water leak in the back window when it rained. The vehicle was put up for sale by the City after having been utilized for four years. It had 65,000 miles on it at the time the City put it up for sale. During the time it was owned by the City only routine maintenance was needed and performed. At the auction a document called "buyer's guide" was placed in the window of the vehicle indicating that it was being sold in "as is" condition. Information was also posted under "other remarks" that the passenger side window sometimes works. At that time the City had no knowledge of any problems other than the window. Mr. Taylor purchased the vehicle, aware of the notifications. After taking possession he approached Mr. DeWolfe to complain about problems he was having with the vehicle. The problems he related to Mr. DeWolfe were that there was uneven tire wear, that the rear window rubber gasket was out of place, the door hinge stops were missing, the rear gate did not close occasionally, and that there was a broken hood lever. He also alleged that the vehicle had been in an accident. Mr. DeWolfe stated that it had not, as that was his belief at the time. It appears to Mr. Hawkins that there was no misrepresentation by the City prior to purchase of this vehicle by Mr. Taylor, and that legally the City has acted properly. He requested direction from Council to direct correspondence to that effect to Mr. Taylor. Council Member Lyden asked what the purchase price was when the vehicle was acquired by the City. Mr. Hawkins stated that the City paid $3,500, and invested an additional $2,775 in repairs. Mr. Taylor purchased the vehicle for $3,950. Council Member Lyden asked whether or not Mr. Taylor inquired of the City or of auction representatives as to the vehicle having been in an accident. Mr. Hawkins had no knowledge of any investigation of this nature by Mr. Taylor. A