Grand Marais city councilors voted 4-1 May 9 to pursue litigation against a Wisconsin firm. The action, if successful, will allow the city to participate in ongoing efforts to construct a community center.
An action for declaratory judgment will be filed by Flaherty & Hood, the city’s legal counsel, seeking relief against Burbach Aquatics Inc. The firm has alleged that, based on a 2005 contract it signed with the city regarding possible repair or replacement of Grand Marais’ municipal swimming pool, a breach of contract will exist if the city takes part in construction of a new community center or any facility that includes an aquatics center and does not utilize Burbach’s services. Because of those legal threats, the city has refrained from participating in any discussions or planning sessions regarding the community center both with the county and during its own council and park board meetings.
In fact, the resolution approved by council points out that the city had abandoned and/or suspended the project as of May 28, 2008 and has taken no action to move forward with the pool project for which it originally contracted with Burbach. The Cook County commissioners subsequently put the community center project on hold pending a resolution to the question of city participation and financial support.
The resolution not only states that the city disputes Burbach’s claims that any action will occasion a breach of contract, but affirms the city’s “desire to support the Cook County community center’s future operations and maintenance… in an annual amount not to exceed the $156,000 average annual net operating loss the city incurs in operating and maintaining the city’s municipal swimming pool.”
It was the latter part of the resolution that occasioned some discussion and caused Mayor Larry Carlson to cast the lone vote against the action.
The mayor said it was his belief that in discussions with City Attorney Chris Hood, “we did not say we were going to support the community center – and I do not.” Furthermore, Carlson said he was not comfortable with including the $156,000 figure in the resolution and reiterated his opposition. “This says we support construction of a community center, and I don’t. I’m not in support of this,” he said.
Councilor Tim Kennedy said the resolution is designed simply to move the process forward and is not “an agreement with anything the county comes up with.”
“This doesn’t commit the city to say ‘anything goes,’ but allows us to be part of the process,” said Kennedy.
Councilor and park board member Bill Lenz said he wants a new community center, but not necessarily one that’s been proposed to date. “I do not like what they’ve shown us so far, but we’re powerless to do anything,” said Lenz. “This (declaratory judgment) will allow us to take part in future planning discussions.”
In other business:
. City Administrator Mike Roth said the city’s financial advisor, Ehlers & Associates, has been reviewing the city’s existing debt in an effort to reduce payments and has recommended refinancing the bond used for construction of the new power plant in 2003. Roth said the balance is about $2 million, with annual payments of $215,000. By refinancing the bond, the savings could be $15,000 per year. Council voted to put the bonds out for bid.
. Aaron Mielke of the Grand Marais Fire Department presented and reviewed the bids received for the purchase of a new tanker/pumper truck. In all, eight bids were received, but four were over the $220,000 FEMA grant the department was awarded for the new vehicle. On Mielke’s recommendation, council voted to award the contract to Stainless & Repair of Marshfield, Wis. in the amount of $213,531. The contract calls for delivery of the new truck no later than March 1, 2013.
. Council approved the hiring of three part-time seasonal lifeguards at the municipal pool: Ericka Haglund, Ryan Martinson and Anna Green. Jacob Schroeder was also hired as a seasonal part-time groundskeeper at Gunflint Hills Golf Course, and Greta Hall was added to the liquor store staff as a part-time clerk.
. On the recommendation of the planning commission, a revised preliminary plat for Uptown Grand Marais submitted by David Parsons was approved. The new plat differs from the prior version in that it consists mainly of the commercially zoned property at the site (1800 W. Highway 61) with a fire truck turnaround and rerouted drainage of stormwater runoff added. Councilor and planning commissioner Kennedy observed that the preliminary plat is “a simple subdivision of lots” and proposes no development activity at this point.
. Efforts to fine-tune a revised animal ordinance continued, with discussion centering on the appropriate number of animals allowable. There was consensus that “three total animals” was too low, so the number will be adjusted upward with special exceptions for those kept in cages or containers (such as guppies and guinea pigs), and the list of permissible animals will be redefined. Roth said he will also check with the sheriff to see if there have been any complaints or health concerns about large numbers of pets and seek input on the proper language.
. Kim Linnell of the Grand Marais Chamber of Commerce presented the application for a Street & Sidewalk Permit for the Classic Car Show on June 9, which was approved by council. Linnell said things worked well last year, with the cars relocated to Wisconsin Street, and no changes are planned for this year. The city was asked to barricade Wisconsin Street and keep First Avenue and the alleys clear in order to maintain access to businesses.
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