City Council Minutes 1999 03 16 - Laserfiche WebLink

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Mayer thanked Koelbel for providing a better understanding of what has transpired. He asked Sam Light and Bill Simmons why, it took so long from June 8 to draft an agreement once given direction to bring an agreement back to Council. Simmons stated that he disagreed with Mr. Koelbel about whose court the ball was in. He was under the impression that, perhaps, they would be providing a draft agreement for the City to review. There were several weeks that went by before there was further communication in which they suggested that the City should provide the draft. Mayer asked if there was any reason that the City did not provide the draft. He wondered whether it was just not seen as a critical item. Simmons replied that it was not seen as a critical item, as he thought they would be providing the draft until they asked the City to provide one. Mayer asked Simmons if he could recall at what point that occurred. Simmons replied it was in the later half of the year, possibly October or November. Mayer asked Sam Light when there was contact made between him and Koelbel. Light replied that it was the later part of the fall. He stated that the draft was prepared and traded back and forth in house before it was sent to Koelbel. Mayer asked for clarification that several months had gone by before Light was contacted by Koelbel. Light replied, yes, he thought that is correct. Mayer replied that, while he was not present at the meeting where this was previously discussed, he did review the videotape. He thought that several things were clear in the videotape. Specifically, Sam Light, City Attorney, stated 'The only action was to negotiate an agreement. After it was drafted, it would be brought back to Council for full consideration and final action.' Mayer stated that it was pretty clear that no final agreement was being agreed to, or an implied contract. He asked Light if that was his understanding also. Light replied, it was certainly staff's intent in presenting the item that way. At the June 16, 1998, meeting, the item in Council's packet was the April 13, 1998, proposal letter from Sam's Club. That letter did not have a specific dollar cap in it. However, both that letter and his statements at the meeting, recognized that this was a discussion/direction item and that certainly the attorneys and other appropriate staff would need to prepare a document that would have to come back for final City Council review. In fact, it would then need affirmative action to either enter into a contract or do something different. He stated that it was certainly the City's intent to ask for, at the June 16 meeting, direction as to whether we should begin to negotiate a sales tax rebate agreement. He did not view 16