Despite the fact that the Community Center Steering Committee recommended the architectural team of The Meyer Group and JLG Architects to design the new community center and pool complex to be built with county 1% sales and use tax revenue, the county board held off making a decision at its January 18, 2011 meeting so it could review all of the proposals submitted to the county.
Tom Wacholz, president of ORB Management, the consulting firm that is helping the county navigate the entire process, was at the meeting to update the board on what has been done so far, saying the pre-design phase is almost complete. “We’re on the edge of stepping into the design stage,” he said. Three bidding firms interviewed
Fourteen firms requested information on submitting a proposal. Several of these firms teamed up, resulting in eight of them returning a total of six proposals. One requirement was that the bidders be able to provide all the major design work, including architecture, building mechanics, pool, and landscaping. Wacholz said having all the liability with one entity would be in the best interests of the county.
The proposals were reviewed separately by ORB and the steering committee. According to Community Center Diane Booth, both groups independently picked two of the three groups they ended up interviewing. ORB’s outline of the process indicates that city representatives on the committee— then-Mayor Sue Hakes, City Councilor Bill Lenz, and Park Board Chair Walt Mianowski— abstained from making a final recommendation. At the county board meeting, Commissioner Jim Johnson reminded Wacholz that the county board would make the decision. “Clearly it is the county’s decision,” Wacholz answered. “You don’t have to take our recommendation if you don’t want to.” The city’s legal issues
Whether the city can participate or not—now or in the future—is being debated. The city has indicated via letters to the county that it must honor a contract with Burbach Aquatics Inc. (BAI) for design and construction of any pool that would replace the current city-owned pool in the Grand Marais Recreation Area.
In a January 13 phone conversation with the Cook County News-Herald, Commissioner Bruce Martinson said he figured the city might be taking a very conservative approach in its understanding of its contract with Burbach Aquatics, enabling it to avoid being asked to contribute to ongoing operational costs for the new pool. He suggested that if the city really wanted to contribute, it could ask Burbach Aquatics to hold it harmless if it contributes to pool expenses in the future.
A May 26, 2010 letter to City Administrator Mike Roth from attorney Curtis Smith of Moss & Barnett refers to the contract, which says, “The owner [the city] agrees that if they enter into agreements with other entities regarding this project that they will extend the terms and conditions of this agreement into any of these other agreements. …[T]his is an exclusive contract for performance of
Community Center Steering Committee guiding principles include the following:
. A building that will last 50 to 100 years, with outside space for expansion and flexible indoor space that can be adapted to needs that may change over time;
. A positive example of energy efficiency, environmental stewardship and cost consciousness;
. Ability to adapt to alternative forms of energy;
. Windows that provide views and increase energy efficiency with natural daylight;
. A design that references local history and the surrounding natural environment;
. Programming offering tiered levels of use from day passes to monthly and yearly memberships;
. A project that provides an “example of successful collaboration among multiple local public/ governing agencies.”
all the consulting work on this project, including all tasks and phases of professional services as specified herein.”
The contract states that the city and Burbach are bound by its terms for the life of the project, which is either through the completion of the project or after five years if the city suspends the project.
The letter goes on to say, “The effect of these provisions is to require the city to use BAI on any repair, renovation, or replacement of the city’s pool.” The attorney quotes the portion of the contract that would require the city to compensate Burbach 50 percent of what it would have paid Burbach to do in the design and construction phases of the project plus “all costs of collection, including attorney’s fees,” an amount estimated to be in excess of $325,000.
“BAI would much rather provide the services covered by the agreement,” the letter states, “than to engage in arbitration to collect damages from the city for breach. However, the agreement is an enforceable contract obligation of the city, which BAI insists be honored.”
Burbach was not one of the 14 firms that requested information on submitting a proposal for the project.
Mayor Mark Sandbo signed the contract in 2005 before anyone knew the county would havea1percenttaxforconstruction of recreational amenities. City Administrator Mike Roth called it “an entirely different conversation” back then. A county project
Along the way, Wacholz said, they will face a lot of difficult decisions and get input from a lot of people. In weighing those decisions, ORB and the steering committee will refer to the guiding principles drawn up in December. (See box above left).
Information on the project can be accessed through the county website, the current Community Center website, or the ORB Management website. (Its address is www.orbmanagement.biz. Click on “Plan Room,” and to log in, type in “Cook” for the username and “public” for the password.) Wacholz said he plans to schedule some public meetings to keep people informed, a couple of them in the West End.
Wacholz indicated that input would be welcome from all areas the county. “This is a Cook County project,” he said.
The city’s nonparticipation could leave a bit of a hole in the project, however. An elected official from the West End commented to the News-Herald. “Perhaps, if they [city representatives] do not want to contribute toward maintenance costs, the county should propose building the Center in Lutsen. That would get their attention.”
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