In an attempt to show the rest of the park board members the flaws in an agreement with Streamline Inc., board member Paul Quist sent a Monday morning e-mail with things he feels should be addressed.

In the e-mail, Quist wrote that he would appreciate the board members' comments on the questions he wants answered regarding the agreement to have the nonprofit build the $8.7 million indoor aquatic-wellness center.

If the board members had responded en masse to the e-mail or shared the information, the situation might have been in violation of the state's open meetings laws.

Park district attorney Pat Ward said that technically there had been no violations, but he was going to warn board members that should they begin responding to Quist's e-mail, there could be problems.

Quist said it wasn't his intent to circumvent the open meetings law, but just to show that the agreement, in his opinion, is poorly written. Quist added that he would send another e-mail indicating that the other board members should not respond.

Quist said Monday afternoon he only wanted the board members to consider the issues before they make a final decision on whether to enter into the contract with Streamline. It is possible that the park board will hold a special meeting on the agreement prior to its regular meeting next month.

With skyrocketing materials and transportation costs, it's possible the cost of the facility could grow by another 10 percent if the board doesn't take action in the near future.

Among the items Quist wanted addressed:

n A clause that sets the price of the aquatic center at the end of the term.

n A stipulation that Streamline must competitively bid all major construction or maintenance.

n Operational administration should lie with the park district throughout the rental period.

n Parties must present documentation as proof of expense increases in order to negotiate any and all new rates.

n A note on the term of the agreements whether it is 20 or 25 years.

n Rental fees should be filled in before the agreement is accepted.

n In the event that a lien is charged against the district, the district will have a reasonable amount of time to subdue the lien before it is considered in breach.

n If Streamline breaches the agreement, the district shall have the ability to purchase the center and/or take over financial obligations in order to take over ownership of the center.

Quist said he was disappointed with the contract.

He said he wanted to show the other board members what needs to be addressed.

"I'd be fired from my job if I wrote a contract like this. That's what I do for a living," Quist said.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)