City takes steps for legal action in pool stalemate

The Grand Marais Mayor and city council members have instructed their attorney to investigate taking legal action against the swimming pool consulting firm they say is holding the city hostage.

According to Mayor Larry Carlson, Burbach Aquatics continues to demand breach of contract damages unless they participate in pool planning for the new community center.

“In the first part of December Chris Hood, the city attorney and Tim Scannell, the county attorney and Mike Roth (city administrator) met with Mr. Burbach and his attorney to see if there could be some kind of agreement. And there wasn’t.”

At this Wednesday’s council meeting, the stalemate was discussed in closed session. When the meeting was re-opened, the council instructed City Attorney Chris Hood to research a declaratory judgment against Burbach.

“Basically what that means is we’re now taking the initiative to resolve this issue.”

That means filing with either the District or Federal court. Carlson said he thought the research and process could take up to six months. He added the city hopes there will be a settlement before the matter goes to court.

An eventual settlement with Burbach Aquatics does not automatically mean the city will start cooperating in the new community center planning.

“That’s a real good point to make. That the city has never yet gone on record as going to support, for instance, a pool at the community center. So, once this gets done with Burbach, then we can face that issue.”

The Cook County Board has put community center planning on hold until such time as city participation is determined.

Complete audio of the interview with Mayor Carlson is also attached.