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Mounds View City Council January 7, 2002 Special Meeting Page 16 • Council Member Stigney indicated he thought that City Administrator Miller was asked to determine whether the equipment was home equipment rather than commercial, what the warranty was, and ask the vendor if the warranty could be extended. City Administrator Miller indicated that, according to verbal information received from the vendor, the warranty would not be extended because the equipment is in the Community Center. She then indicated that the liability issue was resolved because the representative from LMCIT determined that there would not be an issue. She also noted that the current usage is no more than what the at home usage would be based on documentation obtained from the YMCA that indicates a less than one hour per day usage rate. City Administrator Miller indicated that Staff had thought the vendor would extend the warranty based on the limited usage but declined to do so because the equipment is in a public setting making the warranty void. Council Member Stigney asked what the warranty would have been if the equipment were not in a public setting. He then indicated that the Mayor was told, when he placed the order, that the equipment was for in home use. City Administrator Miller indicated the equipment was purchased through a catalog and she is • not sure that anyone on Staff checked to see if was commercial equipment. She also indicated that, when the City took ownership of the equipment, no one checked to make sure the equipment received was what was purchased. Council Member Stigney commented that it was his understanding, during closed session discussions, that when TSS placed the order Reebok informed Mr. Sonterre that the equipment was for in home use and was not to be used in a commercial setting. He then said he feels that the Mayor, as owner of TSS, should uphold whatever the warranty would have been. Mayor Sonterre indicated that it was the opinion of Reebok that he was made aware of the fact that the equipment was in home equipment and he has disputed that fact. Council Member Stigney indicated that Mayor Sonterre sold the equipment knowing it was going into a commercial setting. He then indicated that since the equipment is not covered by warranty he feels the person who sold the equipment, Mayor Sonterre, should provide whatever the Reebok warranty would have been Mayor Sonterre indicated that the equipment was part of an apparel catalog and he does not sell the equipment and knows nothing about it. He indicated he never received any information on the product other than the two-page portion of the apparel catalog. He then explained that while on the Parks Commission he offered the catalog to the Commission because the Commission was interested in purchasing equipment for the Community Center. He further explained that his