It looked like the Wells City Council meeting on Monday, April 8, was going to be relatively short.

However, the last item on the agenda generated a lengthy discussion on the condition of the kiddie pool located at the Wells Municipal Swimming Pool.

A memorandum prepared by city attorney Pamela Whitmore provided council members with a detailed background of events concerning the kiddie pool.

“On Jan. 4, 2023, the city of Wells entered into a contract with TMI Coatings, Inc., a Minnesota Corporation, which called for the abrasion, restoration and coating work on the lining of the kiddie pool,” Whitmore explained. “TMI completed the work on May 17. TMI had underestimated the amount of time workers would be required to spend on restoration.”

According to Whitmore, TMI had estimated four hours total time for the job but ended up spending 11 hours. Pursuant to the original contract, which had a cost of $31,500, TMI billed the city an additional $1,400 for the restoration work, bringing the project’s total cost to $32,900.

“The city was unhappy with the work, specifically the lack of slip-resistance grit at the pool’s entry, which made the pool slippery and unsafe,” Whitmore commented. “TMI returned in mid-June 2023 and added slip-resistance grit to the pool for $7,489, pursuant to a contract between the city and TMI dated June 5.”

After that work was completed, the pool was put into use for the 2023 summer season.

The memorandum goes on to explain when the pool was drained in August of last year the staff observed the lining installed by TMI had begun to bubble and crack.

“On Aug. 29, 2023, Mike Pyzick, the city’s street foreman, contacted TMI via email to make them aware of the defective lining on the pool,” Whitmore continued. “Mr. Pyzick did not receive a response from TMI, and on Oct. 4, Cristina Cruz-Jennings, the city’s assistant city attorney, contacted TMI both via email and U.S. mail requesting that TMI contact the city’s former city administrator, Connor LaPointe, to discuss the issue.”

Whitmore went on to say TMI met LaPointe and Pyzick at the pool to view the defective lining and to take a sample of the lining.

“The sample was sent to a lab which concluded that the sample appeared to be two layers; the first layer appeared to be an acrylic block filler and the second layer appeared to be the epoxy coating that TMI had applied,” Whitmore said. “The lab concluded that acrylic block fillers are not typically recommended for surfaces that will be immersed in water because moisture in concrete walls can soften and weaken the acrylic block filler which puts stress on the epoxy coating, causing both to split.”

While the city of Wells met the notification deadline for notifying TMI of defective work, (one year past completion date), TMI’s warranty states, “Coatings are not considered a failure if concrete or old existing coatings are attached to the delaminated materials.”

“TMI has stated that, based on the lab report, the warranty does not apply,” Whitmore commented. “However, Pyzick, who has overseen operations and maintenance of the pool since it first opened in 1989, attests that the only type of coating or paint the city has ever used on the pool has been rubber-based paint. As a result, the lab report seems at odds with the city records on materials used before TMI’s involvement.”

Whitmore told council members TMI has submitted a proposal recommending removing all coating in the pool down to bare concrete and then restoring the concrete as needed. They would then re-apply the epoxy coating system with the slip-resistant grit under terms of a new contract.

“Alternatively, TMI offered to complete spot coating repairs on the failing areas with the warning that coating issues may continue with this option,” Whitmore said. “Specifically, TMI has offered to repair ‘disbonded areas west of the drain, limited to 60 percent of the entire square footage’ of the pool at no cost to the city in exchange for the city signing a release discharging TMI from any future claims, demands, warranty obligations or causes of action.”

Council members discussed the possibility of litigation but feared that could carry a large price tag.

“I am not too excited about doing anything with that company,” council member John Herman added. “We may be better off to wash our hands of this.”

A major concern the council had was being able to get the kiddie pool open for this summer so it could be used. Members of the council felt litigation might make that impossible.

“There are things we can do to get the pool operational so it could be used,” Pyzick offered. “We would be able to open it at the normal time.”

The council, which was missing members Crystal Dulas and Nancy Kruger for the meeting, decided to table making any decision on the matter until their next meeting when all council members could be present for the discussion.