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COUNCIL MINUTES NOVEMBER 12, 1996 <br />• Council Member Lyden suggested that Mr. Taylor recommend two options to Council that he <br />feels would rectify his issues regarding the vehicle in a fair and reasonable manner. <br />Council Member Kuether indicated that even if Council went so far as to refund Mr. Taylor's <br />money and take possession of the vehicle, it would have to be resold at the City's expense. <br />Mayor Landers suggested that such action might set a precedent for every purchaser of City - <br />owned equipment to raise unfounded complaints. <br />Council Member Lyden pointed out that defending such a matter legally would also be costly <br />to the City. <br />• <br />Council Member Bergeson referenced a copy of a vehicle title which included a line item that <br />could be marked if the vehicle had been damaged and the damage amounted to 70% of the <br />cost. He pointed out that the amount the City paid for repairs to the vehicle represented more <br />than 70% of the City's purchase price. <br />Council Member Kuether pointed out that the amount spent by the City for repairs included <br />considerable additional work beyond repair of the damage which resulted from the accident, <br />which consisted of a door and side panel. <br />Council Member Bergeson asked what value that 70% damage comparison would be based <br />upon --the value before or after an accident. Mr. Hawkins explained that the 70% would be <br />based upon the value prior to an accident. <br />Council Member Bergeson asked Mr. Hawkins if he felt comfortable that the City had not <br />checked this item on the title. Mr. Hawkins explained that due to the age of the vehicle, <br />legally that disclosure was not required. Mr. Hawkins added that the vehicle came from New <br />Jersey to the Big Lake auction, and that Mr. Volk did not feel that apparent damage would <br />amount to more than 70% of the value of the vehicle. <br />Mr. Hawkins also pointed out that Mr. Taylor's complaints about the vehicle are not the result <br />of the sideswipe accident which took place four or five years ago. <br />Council Member Neal moved that Mr. Hawkins be directed to draft correspondence to Mr. <br />Taylor stating basically that the City has no legal obligation to repurchase his vehicle. Mayor <br />Landers seconded the motion. <br />Council Member Bergeson asked the age of the vehicle when it was purchased by the City. <br />Mr. Hawkins stated that the vehicle was five years old when purchased by the City. <br />Motion carried, with Council Member Lyden voting no. <br />NEW BUSINESS <br />Consideration of Minutes of Special Council Meeting, October 14, 1996 (Council <br />Member Neal was absent) <br />Council Member Bergeson moved to approve the minutes of the special Council meeting on <br />October 14, 1996. Council Member Lyden seconded the motion. Motion carried <br />unanimously. <br />