Monthly Archives: June 2005

Star Tribune Letters: Stifling Free Speech

In a June 22 letter to the editor, Jason McGrath writes: »Thanks to Doug Grow for exposing Parks Superintendent Jon Gurban’s threat to arrest Minneapolis Park Board candidate Jason Stone for “campaigning for the Park Board in a park (Star Tribune, June 19).”

After searching for some information on this event, I’ve concluded that while the Park Board supposedly requires a permit (however unconstitutional) for distributing any kind of “papers” in the parks, there is no procedure for applying for such a permit, nobody knows of anyone ever receiving such a permit, and in fact such a permit does not seem to exist in any accessible form.

The only plausible reason for the parks superintendent to choose, apparently for the first time ever, to enforce the requirement is that this particular “offender” is challenging, in a democratic election, a member of the autocratic Park Board majority that hired the same parks superintendent.

On second thought, thanks to Gurban for making the case for the dysfunction of the Park Board and the urgency of Park Board reform even more effectively than “offending” reform candidate Jason Stone ever could.«

City Pages: Drop the Pamphlet and Put Your Hands Over Your Head

City Pages, June 22, 2005 by Britt Robson

Drinking, screwing, setting fires — there are some things you just shouldn’t do in Minneapolis’s city parks. To this list, the public may have to add a new taboo: passing out pamphlets without permission.

You may recall that back in December of 2003 the board caused a stir by hiring superintendent Jon Gurban. Not only hadn’t Gurban participated in the interview or screening process, but his candidacy was unknown to the public and four of the nine commissioners on the board until just hours before the meeting to elect him.

Flash forward to June 8, when Jason Stone, a steadfast critic of Gurban’s administration and a park board commissioner candidate, was handing out campaign literature before a public “open house” at Pearl Park in south Minneapolis. Gurban confronted Stone and told him that such activity was prohibited. Stone says he respectfully disagreed on First Amendment grounds and continued to pass out his flyers. Eventually, he moved some 100 feet from the entrance to the building.

By then, however, Gurban had called 911, triggering an “unknown trouble” alert. Within minutes, four officers in three squad cars from the city and park police forces rushed to the scene. They directed Stone to put away his literature and informed him that if he planned on attending the meeting at the park, he would need to remove his campaign button.

Gurban refused to comment on the incident at last week’s park board meeting and was away at a funeral when City Pages attempted to contact him. But in an e-mail response to the Minneapolis Observer, he stated that “the type of activity Mr. Stone was engaged in requires a permit.” …

A verbal briefing was indeed delivered at the June 1 board meeting, suggesting that, since 1991, a permit has been required to hand out any campaign literature in any Minneapolis park. This shocked at least a few of the commissioners, for a couple of reasons: The ordinance’s restriction of free speech makes it potentially unconstitutional, and almost no one has ever heard of it before, much less enforced it.

Citywide candidates for public office have always shaken hands and passed out literature at a variety of summer events connected with the parks, including Juneteenth and the upcoming Gay Pride Festival. At last Wednesday’s park board meeting, the first since Gurban called the cops on Stone, commissioner Annie Young estimated that she campaigns “at 300 events, and not all, but a lot of them are in the parks. I’ve never heard of this policy. And I’ve never been stopped.”

Meanwhile, some critics of Gurban on the online civic forum the Mpls. Issues List have been planning to commit acts of civic disobedience by helping Stone pass out literature in the parks without a permit. It’s been done by thousands of other political volunteers over the past 14 years. But now that everyone — even the park board commissioners — are supposed to know that leafleting is against the rules, it will be illuminating to see how extensively, or selectively, the ban is enforced.

Job Opening: Public Info & Marketing Manager

Park Board job posting from the Sunday, June 19, Star Tribune:

Public Info & Marketing Manager

Minneapolis Park & Recreation Board

Develop & implement comprehensive communications & marketing plan for MPRB to increase public awareness of services, programs, activities and accomplishments, and to encourage involvement by users and stakeholders.
Includes media relations, strategic marketing & communications plans and materials; publications; issues management; supervise staff & budget; advise staff on approaches to ensure consistent inviting message.

REQ: Degree Journalism, Mass Communications, Public Relations, Marketing or closely related AND 5 yrs experience directing similar program in a complex organization. Knowledge of public sector values and efforts to improve services to the public. Salary: $65,000 – $75,000 yr.

APPLY: Letter of Intent & resume by 7-8-05 to: Mary Page, HR Manager, Minneapolis Park & Recreation Board 2117 West River Road N; Mpls MN 55411

Email: mpage@minneapolisparks.org

See full description on our Website: www.minneapolisparks.org

Star Tribune: Doug Grow on Stonegate

Muzzles not just for dogs at city parks, Star Tribune, June 19, 2005

Jason Stone, mild-mannered bank manager, knew when he entered the race for a spot on the Minneapolis Park Board there might be some contentious moments.

After all, people take Minneapolis parks seriously.

But Stone was quite surprised when one recent evening of campaigning ended at Pearl Park with three police cars and four officers surrounding him.

“It’s not every day I’m cornered by officers,” Stone said.

Obviously, this scene created a buzz among people at the park.

What sort of crime could this man have committed?

Here’s what it was: Stone was nabbed handing out campaign literature to people attending a meeting about parks! That’s right. A Park Board candidate was nailed campaigning for the Park Board in a park!

There was no denying it. Stone had the literature right in his hands. “Jason Stone For Park Board District 5. Responsible stewardship for our parks,” it read.

Jon Gurban, the superintendent of Minneapolis parks, was the man who called in the law to stop Stone.

Read entire column here.

June 15 Board Meeting Report

Absent were president Jon Olson and commissioner Carol Kummer.

5:00pm — Operations & Environment Committee, chair Annie Young

Reports: 1. Award of a $1700 grant from the Minnesota Recreation & Parks Foundation (the non-profit arm of the Minnesota Recreation & Parks Association) to the Park Board for an orienteering program at Mill Ruins Park.

2. Annual Parkway Paving Program. Park Board Operations in conjunction with City Public Works manages program. Net debt bonds used to finance. This funding ranges from a low of $350,000 (2006) to high of $1,200,000 (2000). Adjacent residents are also assessed, increasing the dollars available. Upcoming projects: 2005: E Nokomis Pkwy from Cedar Ave/56th to E 50th St; 2006: E Nokomis Pkwy from E 50th St to Cedar Ave/52nd St; 2007: 4th St S from 21st AV S to W River Pkwy, Cedar Lake Pkwy from Cedar Lake Rd S to Wayzata frontage road, 5th St NE from St. Anthony Pkwy to Columbia Blvd, and Columbia Pkwy from 5th St NE to Central Ave.

There was some talk among commissioners about changing 4th St from 2007 to 2006, but it would upset the scheduling. Staff to investigate possibility.

3. Dutch Elm Disease Report, Ralph Sievert, Dir. of Park Forestry. Now using 15 scouts to find diseased trees, up from 10 last year. 3 removal crews, same as 3 last year, but up from 1 in normal years. 10 hours days start June 15. Lots of process improvement since 2004, e.g. door hangers, info. sheets, etc.
Stump grinding started in April, done in 6 neighborhoods, 9 more in progress
now. Tree planting is finished, weather helped, 2600 trees planted, all paid for by money from City.

Comrs. Dziedzic and Erwin are in favor of the Park Board getting involved in helping residents get their trees injected, but staff is resistant to any suggestion of being involved with elm tree injection, including claims it would drive up the costs. [It costs me over $600 every 3 years to inject my 2 trees, but it would cost over $6000 to have the largest of the 2 removed, and my air conditioning bills would go way up and my property value would go down.]

Committee adjourned

5:40pm — Administration & Finance Committee, chaired by comr. Marie Hauser

Action items 7.1, change order of $49,410.00 for Mill Ruins Park, and 7.2, agreement with Mpls Umpire Association for softball umpiring during 2005 season and post season tournaments not to exceed $225,000 PASS with little discussion. Note that the Mpls Umpire Assoc. gets paid $22.50 per game, and they in turn pay the umpire $21.50 per game, keeping $1.00 for their services.
$225,000 divided by $22.50 is 10,000 games. [That seems like rather a lot. Do we really have nearly 10,000 umpired softball games in one season?]

Committee adjourned.

5:45pm — Regular Meeting called to order by vice-president John Erwin.

A moment of silence is observed for Carol Fox. Afterwards, Dziedzic mentions another “friend” of the park system who passed away [sorry, didn’t get the name].

* Presentation by Bob O’Brien and Susan Palmer, of the Dept. of Public Safety, Office of Highway Safety Recognition are supposed to present an award to Park police chief Brad Johnson, but O’Brien and Palmer are not yet present.

Erwin wants to proceed to Open Time, despite it being a bit early, as the number of people signed up is large. He asks for a motion to suspend the rules which [allegedly] limit it to 10 speakers at 3 minutes each. Motion to allow 14 people at 2 minutes each passes with Mason opposed on the 2 minute limit.

Open Time:

1. Liz Wielinski of NE:

Appropriate Notification

The Minneapolis Park and Recreation Board voted during the February 16, 2005 meeting that in the future all efforts would be made to ensure timely notification of commissioners about pending matters before the committees and the board as a whole. According to Commissoner Erwin he received a 60 page packet just moments before the June 1st meeting where the terms of an agreement were to have been voted upon for an Athletic Facility for DeLaSalle. Having viewed the information in the packet including a memo dated May 25, 2005 from General Manager Siggelkow, putting the matter before the board on the June 1, 2005 agenda was an error. All items on the agenda are to be in by the Monday 9 days prior to the meeting. That date would have been Monday May 23rd.

On June 1st it was determined that there will be a public hearing on the negotiated terms for a possible reciprocal use agreement between the MPRB and DeLaSalle for an Atheletic Facility on Wednesday July 20th. I am confident that this time the staff will make available to the commissioners, the representatives from DeLaSalle, the island residents and the public a copy of the negotiated terms by Monday July 11, 2005 so that all parties involved will be well read on the matter to be discussed. This could be accomplished easily by posting the agreements terms to the MPRB website.

[Instead of saying materials would be available on the 11th, staff went on the attack instead, claiming that most of the 60 page packet was distributed by DeLaSalle and therefore was not official Park Board documentation, although it contained the details relevant to the agreement the commissioners were to vote on.]

2. Joan Berthiaume of Mpls Parks Legacy Society gives up her time to move things along.

3. Kay Anderson of East Calhoun. Her statement was:

“Many discussions and concerns have been circulating throughout the city and suburbs, may I add, since the SW Journal of November 22, 2004 focused on the proposed Sailing Club/Event Center/ Commercial buildings to be constructed on the shores of Lake Calhoun which lie in the Shoreland Overlay District. As a result, the East Calhoun Community Organization (ECCO) passed the following resolution to be submitted to the Park Board minutes:

‘Be it resolved that the East Calhoun Community Organization (ECCO) strongly objects to development along the shores of Lake Calhoun and specifically the Lake Calhoun Yacht Club proposal on the southeast shore. We feel that the lake shore should be kept as natural as possible.'”

4. Edna Brazaitis of Nicollet Island gives a great speech on freedom of speech in the parks and what it means to immigrants “with funny last names.”

5. Christine Vikken of LaSalle Avenue expresses her opposition to DeLaSalle High Schools proposal for using park land for an athletic stadium. She points out their existing field is regulation size and has side lines.

6. Janet Deming passes her time to Mary Madeau of Nicollet Island and member of the South High School PTO. Ms. Madeau compares DeLaSalle’s situation with “no home field” to Minneapolis’ South High School, which likewise sends its baseball team to Van Cleve Park to play — the same park that DeLaSalle students and athletes complained about as being dangerous, scarey and full of trash like used syringes. South’s home softball and soccer fields are also in parks, not at the school. South High has been there a long time and will likely be there another 100 years, and they will have many graduates [more than DeLaSalle, I suspect], but they will never have home fields at their school.

7. Bob Glancy of the Preservation Alliance was to speak on Nicollet Island and DeLaSalle, but was not present.

8. Ron Korsch of the St. Anthony West Neighborhood Association says they support the use of B.F. Nelson as a park, and would like to have some input into the master plan for its use.

9. Michael Rainville was present but did not speak on B.F. Nelson [it seemed like Ron Korsch covered his remarks?].

10. John Chaffee of Nicollet Street comments on the Calhoun Yacht Club’s (CYC) proposal for a sailing pavilion. He says there is a lack of a process for evaluating proposals such as this one, and that there have been many such proposals recently.

11. Gretchen Trygstad of the Linden Hills Neighborhood Council says they have passed a unanimous resolution on June 7, 2005 objecting to the CYC proposal and any such similar development on Lake Calhoun.

12. Marissa Lasky, a windsurfer and member of the City Zoning Board, described how she has talked at a large number of neighborhood organizations over the past couple of months, and has letter for the commissioners. The most common objections from these various organizations to the CYC pavilion project on Lake Calhoun have been (1) new construction on the lake shore and (2) precedent-setting development.

13. Joan Menken of 14th Ave SE comments on the conditions and DeLaSalle comments made about Van Cleve Park. She says the SE Como Association spoke with the Van Cleve Park maintenance staff and asked if they knew of any problems, such as the syringes the DeLaSalle students claimed they found there. Maintenance staff claimed they had heard no complaints and had no knowledge of such things. Ms. Menken points out that many children use that park every day, and that if there were safety concerns about the park, any person who had them should be reporting them to the Park Board staff or police, and that includes DeLaSalle students using the park.

14. Eva Young of North Minneapolis talks about how Superintendent Jon Gurban’s actions with having Jason Stone threatened by Park Police in Pearl Park for talking to people and handing out campaign literature is an embarrassment for the park system and a liability for the Park Board. She mentions the lack of training if Park police think the park is private property.

Comr. Erwin defends the Park Board on the freedom of speech issue by saying that they are unique among several Minneapolis government bodies in having a public “open time.” [As Eva Young describes it, Erwin misses her point.]

Comr. Dziedzic responds to the Van Cleve Park “accusations.”

6:20pm The earlier presentation from the Office of Highway Safety is done, an award to the Park Police, for improved safety on parkways over the past couple of months[?]. A photograph is taken of the commissioners, police chief and folks from the state.

6:26pm — Regular Meeting Recesses

Recreation Committee, chaired by Erwin

Study/Report Items 1. Teen Programming Brainstorming Session. After a presentation by Heidi Pope, manager of Youthline, centering around a report by the Minnesota Commission on Out of School Time, commissioners are asked for their blue sky ideas and wishes. Dziedzic uses this time to [dramatically] announce that the traditional year end party will happen after all, thanks to a $2500[?] grant from the Lupient Foundation.

2. Authorized Beach Discussion. Talk about allowing greater use of lakes for swimming with fewer restrictions, similar to the Three Rivers Park system. Currently, one must have a permit in order to be allowed to swim across a lake. There is discussion of greater liability, etc. Comr. Bob Fine thinks any relaxing of swimming / beach restrictions is a bad idea.

3. Overnight Camping Demonstration. President Jon Olson’s idea. Overnight camping in neighborhood parks is allowed under very specific circumstances and require a general manager approved permit. Likewise camping on the Mississippi shore has very specific rules and a permit is required. [I’m not sure exactly what Olson’s idea was.] Apparently there is a lack of visibility, i.e. that some kinds of camping are allowed with permits. Some concerns about homeless people setting up in parks is expressed. Dziedzic expresses some support, although he comments he personally does not like camping.

4. Student Voting Project. Another Jon Olson idea. A report on Kids Voting Minneapolis organization.

Committee adjourned.

7:24pm Regular Meeting is reconvened.

Erwin asks for a motion to approve the agenda.

Comr. Vivian Mason wants to add a resolution after the Reports of Officers.

Comr. Hauser asks if they need to suspend the rules to do that. [We don’t want that resolution read on camera to the cable TV audience, after all!]

Comr. Young says yes, if it doesn’t fit under new business or unfinished business.

Hauser says if it has to do with free speech, it should be unfinished business.

Mason moves to suspend the rules.

Board secretary Don Siggelkow says they need 6 votes, not 2/3 of the quorum present (7 people), to suspend the rules. [Mr. Siggelkow is flat out wrong: Robert’s Rules of Order say Standing Rules, likely the most appropriate category for the agenda rule, can be suspended by a simple majority, or 4 votes in this case, or if not a Standing Rule, but rather a Rule of Order that can only be adopted by prior notice and a 2/3 vote, then it can suspended by a 2/3 vote, which would be 5 votes. Either way, Siggelkow is wrong. However, the board simply follows his pronouncement.]

Mason motion to suspend the rules Fails.

Agenda as is, is approved.

7:34pm Reports of Officers

* Superintendent Gurban: Among the 19 bullet point items on his written report, he wants to highlight that the Graco Foundation will be giving the Park Board a $25,000 grant to fund Teen Teamworks. He also asks district manager John Oyanagi to report on the collaborative effort to raise $100,000 for Safe Summer, with General Mills Foundation, Chuck Wexler, and others.

— Comr. Hauser interrupts to compliment the staff on making the 2004 Superintendent’s Report much smaller (16 pages) and less expensive. [It’s now more like a brochure compared to the almost book-like reports in the past. It’s rather devoid of any useful information, however, but is a glossy, heavy paper printed puff piece for “2004 accomplishments.”]

* General Manager Siggelkow reported on the situation with the city storm water fee. The Park Board’s position is that the parks store much of the storm water, and so the Park Board should not have to pay the city. They hired a consultant, but were still not satisfied with the results. Staff believes they should be exempt.

* General Manager Michael Schmidt reports on grass cutting. Due to the weather, the grass has grown fast and the mowing is well behind schedule.

* Chief Johnson reports that the Pearl Park call made by Gurban to stop candidate Jason Stone from passing out literature was a 911 call, which he calls appropriate saying that any time a person wants a police officer at a location, they should call 911. He says 2 units (#830 & #831) responded, that is, 2 squad cars with 1 park police officer in each. Also a city squad car with 2 city police officers also responded. The call was put out over the radio as “unknown trouble” and Johnson says in that situation, because park squad cars only have 1 officer per car, 2 cars are supposed to respond.

8:03pm — and cable TV coverage is now dark.

CONSENT BUSINESS

* Items 2.1 through 2.7 are moved and passed with little discussion.

* Planning committee item 4.1 likewise is moved and passes.

* Admin & Finance committee items 7.1 through 7.3 are likewise moved and passed.

UNFINISHED BUSINESS

* Item 8.1, adopting a resolution ordering E Nokomis Parkway improvements requires a roll call vote. It passes with 7 Ayes and 2 Absent.

Discussion Items

* Regulations Governing Constitutionally-Protected Expression on Park Property

– GM Siggelkow gives a long-winded explanation of what the ordinances are, what the regulations which implement those ordinances are, when the ordinances were passed (1991) and seriously does his best to defend Jon Gurban’s behavior at Pearl Park by trying to make it look like the regulation against campaigning in the parks without a permit is well-established fact and that Mr. Stone was breaking the regulation. […but ignoring the likelihood that no candidate has ever gotten such a permit and that hundreds if thousands of candidates have probably campaigned in the parks since 1991.]

– GM Schmidt, being the staff or commissioner at the meeting with the most time at the Park Board, gives his view on the 1991 ordinance and how it has been used and enforced since then. He gives an example of how the Kerry-Edwards campaign got in trouble in Loring Park when they “invaded” another permitted event there and started campaigning. He says permits are so that the Park Board can work with the permittees to make sure there are not conflicts and that everyone is informed.

There is a bunch of information in the packets given to the commissioners and available to the public about the ordinances, regulations, memos and even an example of somebody being denied a permit, although exactly what they wanted to do is not specified, nor why the permit was denied not clear.

Likewise there is question as to what ordinance passed in 1991 and what ordinance was tabled, as indeed some ordinance/regulation was put off and never revisited. Comr. Annie Young was present for those votes and describes her recollections but admits that with 14 years past, it’s tough to be accurate and specific.

Dziedzic says the Park Board needs to consult an First Amendment expert. He makes a good speech about what freedom of speech is all about, and how he went to Korea to defend it. He believes the Park Board would lose a lawsuit in court if it came to that.

Fine says it is a complex issue and also believes they need an expert’s advice.

Erwin asks what do we do now? Do we keep enforcing the rules as is until we get more information? Or don’t enforce them? Or make a temporary change? He has an alternate ordinance to propose if the board feels they should go that way.

Young suggests using Erwin’s alternative.

Dziedzic MOVES that Olson, Gurban and contract counsel Brian Rice hire or retain a first amendment lawyer to (1) review and (2) rewrite if necessary their current policy.

Hauser seconds that motion, and makes a friendly amendment to hire Brian Rice’s partner, Jim Michels.

Gurban asks how a law firm can review its own work, since Michels had a hand in writing the existing policy. He says they probably want to get an outside attorney.

Mason speaks against parts of the motion, believing the board as a whole should choose the outside legal advice and that a cost estimate be gotten first.

Dziedzic modifies his motion to have Olson, Gurban and Rice come back at the July 6 meeting with a recommendation on whether to hire an outside counsel, and who.

Young insists that campaigns be included in whatever language is in the resulting regulations [they are currently not mentioned at all].

Dziedzic’s modified motion PASSES.

9:10pm

Mason finally gets to read her resolution, which states:

Whereas, The mission of the Minneapolis Park & Recreation Board is “The Minneapolis Park & Recreation Board, on behalf of all current and future citizens of the City of Minneapolis, shall strive to permanently preserve, protect, maintain, improve and enhance the City’s parkland and recreational opportunities;”

Whereas, Minneapolis Park land is public property;

Whereas, the Minneapolis Park & Recreation Board embraces every citizen’s right to free speech;

Whereas, The Minneapolis Park & Recreation Board condemns the use of force to squelch anyone’s right to free speech;

Whereas, Minneapolis citizen and candidate Jason Stone was threatened with arrest by Superintendent Jon Gurban of the Minneapolis Park & Recreation Board for distributing literature in a public park and a public meeting sponsored by the Minneapolis Park Board;

Whereas, three police squad cars, carrying four officers, arrived simultaneously five minutes after Superintendent Jon Gurban called 911 to implement his orders;

And whereas, Superintendent Jon Gurban was misapplying a questionable park policy;

Now, Be it Resolved,

We the Minneapolis Park & Recreation Board of Commissioners disagree with the actions of Minneapolis Park Superintendent Jon Gurban and his attempts to silence free speech at a recent Park meeting and his excessive use of Park Police resources;

Be it further Resolved,

We the Minneapolis Park & Recreation Board of Commissioners direct Superintendent Gurban to write a formal and public apology to Jason Stone;

Be it further Resolved,

We the Minneapolis Park & Recreation Board of Commissioners direct Superintendent Gurban to reimburse the Citizens of Minneapolis for the use of three patrol cars and four police officers.

Young seconds the resolution for the sake of discussion.

[The silence is deafening.]

The resolution fails on a voice vote.

Young offers an interim policy for campaigning.

Hauser initially seconds the motion, but after a bit of discussion, withdraws her second and the motion dies.

Young asks staff if she needs 5 separate permits to visit 5 different parks? Staff answer is Yes. Young asks how they are going to inform the approximately 150-plus candidates we can expect to file for city offices in July? No good answer is forthcoming.

9:25pm

PETITIONS and COMMUNICATIONS

Several commissioners have items, but of note Mason remarks that Fine has been misrepresenting her position to the public at meetings, claiming she supports the CYC pavilion at Lake Calhoun. She does not.

9:33pm ADJOURNED.

SW Journal: David Brauer: The Freedom to Campaign

David Brauer writes in an editorial in the Southwest Journal:

» It didn’t occur in Southwest, but a very troubling incident took place last week in the Minneapolis parks system that should bother all of us.

The short version is this: the Superintendent of the Minneapolis Parks system called the Park Police to remove a Park Board candidate for handing out literature to citizens attending a community meeting at a park building. Three (!) park squads arrived to see the order carried out.

In Minneapolis!

On June 8, Supt. Jon Gurban called out the cops on Jason Stone, a candidate for the District 5 seat in Southeast Minneapolis. Stone’s offense? Distributing campaign literature to people entering park building.

Was Stone blocking the door or badgering people? Not even Gurban alleges that. Both agree that Stone moved away from the entrance – 100 feet away to the parking lot (“in the spirit of cooperation,” Stone says).

Stone ran afoul of a 1991 Park Board policy outlined in a March 28 memo that states, in part:

“Campaign materials cannot be posted or distributed in the park or recreation center.” (Emphasis added.)

Stone – who has been a critic of Gurban – needed apply for a permit to the very administration he’s criticizing.

Gurban says that even if Stone got a permit, staff would make him stay 20-30 feet away from doorways. So what was the problem when Stone moved 100 feet away to the parking lot? Gurban determined that Stone was in the doorway-like “primary access/egress route of the park.”

The ludicrousness of this should be clear by now, but if it’s not, consider this: would we forbid someone from handing out political literature outside City Hall? If not, then why would we allow the Tinpot park dictators to forbid such activities outside a park building?

Stone wasn’t bugging parents on the playground; he was trying to reach citizens attending a park planning meeting about his campaign for a job that oversees park planning.

While the parks policy applies to every candidate, there’s a political subtext you shouldn’t ignore: the prohibition makes it harder for challengers like Stone – who have to work harder to beat incumbents – to get their message out.

Such electoral bloodlust at the expense of political rights and democratic values is simply not acceptable.

Four things must happen now:

1. The board must change its policy.

2. The board must apologize to Stone.

3. Since Gurban was following a 14-year-old policy, he shouldn’t be fired. However, the board must tell him in no uncertain terms that he and his staff must err on the side of political freedom, rather than calling the cops.

4. Voters must elect Commissioners who don’t wait for moronic incidents to correct policies that trample free speech and political dissent. «

SW Journal: Getting a gondola on Lake Calhoun is a hard row

Story by Scott Russell

» A whimsical craft runs into the Minneapolis Park Board’s hard business realities

John Kerschbaum, owner of Gondolas on St. Croix, wants to bring one of the Venetian boats to Lake Calhoun for rides and romance. The Minneapolis Park and Recreation Board staff says it’s a great idea.

That’s where the agreement ends.

Kerschbaum and Don Siggelkow, Park Board general manager of administration and development, have very different views of how negotiations played out during the past year. As Siggelkow sees it, the two sides were far apart on profit sharing and other details. From Kerschbaum’s perspective, the Park Board broke off conversations last summer when he thought the two sides were close to a deal.

In recent years, the Park Board has investigated any number of private sector partnerships to add park amenities and boost its flagging budget. Siggelkow said a half-dozen times a year, people such as Kerschbaum will pitch a new business idea on park property.

Examples include Calhoun’s Tin Fish Restaurant, a new bike rental business in Minnehaha Park and Wirth Park ski rentals. The gondola negotiation is the latest in a series and offers a window into how such deals get done.

Lake Calhoun has seen gondolas before; the Park Board had a concession for a couple of years in the mid-1980s through a company called Venice on the Lakes, according to former owner Tony Minnick, who lives near Lake Hiawatha.

Minnick said he rowed for Kerschbaum in Stillwater in 2003 and encouraged him to pursue a Minneapolis deal. Minnick would again like to row on the Chain of Lakes, he said.

The questions are, who will do it and under what terms?

Siggelkow said the Park Board could still reach a deal with Kerschbaum but, “it depends on how much he is willing to go with the parameters we outlined for him.

“We were very excited about getting a gondola down at Calhoun that would go out on the Isles. We all still think it is a good idea. At this junction, we are looking for other operators to see if they can come in and do a similar thing.”

The vision

Kerschbaum offers a variety of gondola packages on the St. Croix, according to his Web site, http://www.gondolastcroix.com. For $95, couples get a 45-minute ride (and can bring their own picnic baskets). For $150, couples get a one-hour ride and a gourmet picnic basket with nonalcoholic beverage. The Gondola Elegante ($295) includes a five-course meal at a Stillwater restaurant followed by an hour-long ride from a gondolier in 17th-century garb.

Kerschbaum, 47, said in an interview earlier this spring he anticipated Minneapolis rates would be similar.

His background includes stints as a Boundary Waters guide, he said. He still runs a small tree-trimming business.

Why gondolas? He said one day he saw a picture of a gondola in the paper and “a light bulb went off.” He spent $25,000 to get a gondola of his own, traveling to Venice to get it. He is now in his fourth season on the St. Croix.

He knows a retired businessman who lives near Lake Minnetonka with a gondola Kerschbaum could use on Lake Calhoun.

“To me, it is a natural fit,” he said of the Chain of Lakes. “It is a no-brainer.”

In a recent interview, Siggelkow said he had not heard from Kerschbaum in a month. Kerschbaum’s sister, Megan, said he has been busy and is negotiating a deal in Hudson, Wisc.

The disputes

Kerschbaum said the Park Board initially asked for 20 percent profit sharing. Siggelkow said Kerschbaum initially offered 5 percent.

Siggelkow said a profit-sharing deal depends on the lease length and the business’ up-front investment.

This summer, for instance, Wheel Fun Rentals is leasing Minnehaha Park space to rent its specialty pedal cycles for $7-$25 an hour.

The owners are investing $48,000 in the cycles, Siggelkow said. The Park Board gets 15 percent of the gross. If the business hits its $125,000 revenue target, the Park Board would get $18,750. The company has a one-year contract, and the Park Board has a one-year renewal option.

For the gondola deal, Siggelkow said the Park Board had certain requirements. It wanted 15 percent of gross, which would have netted the Park Board an anticipated $18,000, similar to the bike deal.

“It is not worth our while unless the park system benefits to some level,” he said.

According to Siggelkow, Kerschbaum wanted to build a new dock to load and unload customers and construct a kiosk for ticket sales, which was problematic. “I said, ‘People kind of frown on us putting a lot of structures up around the lake, for good reasons. We try to minimize that stuff,'” Siggelkow said.

The Park Board also wanted Kerschbaum to work closely with the Tin Fish, which operates the restaurant on Calhoun’s north end. Tin Fish also handles the Park Board’s canoe and pedal boat rentals.

Siggelkow said he asked that Tin Fish handle Kerschbaum’s on-board catering and gondola ticket sales. He noted the north end is congested with the sailing school and yacht club, Tin Fish and the canoe rentals.

“The businesses are too small to have it mucked up around there,” Siggelkow said. “For park patrons’ sake, we ought to have a central place to rent their canoe, pedal boat or pay for a gondola ride.”

Protecting the business

Kerschbaum said he could negotiate any number of Park Board’s issues. He is willing to meet the Park Board’s 15 percent profit sharing number. If the Park Board is opposed to having another kiosk on the lakeshore, he or his staff person could work in the sun.

He is willing to work with Tin Fish as an exclusive caterer, though he didn’t want to be locked in if the partnership doesn’t work out. “I don’t know anything about the Tin Fish,” he said. “What if they don’t have a product that works for me at a price that works for me? That all has to be negotiated.”

Kerschbaum seemed most concerned about having someone from the Tin Fish book the gondola rides. That person would have to run credit cards, handle cancellations, refunds and gift certificates. He would want to train the person so the business ran to his standards, he said.

He worried that if business got hectic and Tin Fish’s staff person got swamped, his work would be the first to slide, which would only be natural, he said.

“Somebody I don’t know and have no control over running my business, and representing my business on that level, I have an issue with,” Kerschbaum said. “I don’t need a question mark.”

He said he thought the two sides were still talking when conversations died last June.

Future procedures

Siggelkow said the Park Board has talked about having a once-a-year event where the Park Board issues a request for proposals (RFP) for new business opportunities in the park system.

It probably isn’t the best public process to decide on business deals on a first-come, first-served, basis, he said. He also acknowledged that entrepreneurs that came up with new ideas want to be rewarded for their creativity, too.

He did not know if there were other gondola operators out there or not, but issuing an RFP “would let everybody have a fair shot,” Siggelkow said. «

Minneapolis Observer: Park Board Candidate Alleges Free Speech Violation

» (June 13) The simmering politics of the Park Board race boiled over Wednesday night at Pearl Park, where reform candidate Jason Stone was confronted by Parks Superintendent Jon Gurban and ordered to stop distributing his campaign literature, which Gurban said was misrepresenting his position on various issues.

Stone has been a harsh critic of Gurban and the Board since he began his campaign, and the superintendent has said that Stone has been distributing incorrect information during his campaign. Wednesday’s altercation ended up with four police officers telling Stone it was illegal to hand out literature at the park.

Now it appears the ACLU is on the case, investigating what Stone calls “a very serious abuse of power, misuse of the police, and violation of my first amendment rights.” «

Original article appears here.

Star Tribune: Park Board faces electoral change

by Rochelle Olson, June 13, 2005

» Portable toilets, wading pools and a problematic superintendent search will be flashpoints in this year’s Minneapolis Park and Recreation Board election campaign.

A wave of challengers have surfaced in a push to reshape the board’s controlling power and its philosophy.

Three board members — John Erwin, Marie Hauser and Vivian Mason — have decided against seeking reelection. Therefore, the nine-member board will have at least three new faces.

In recent years, the board has been held up to ridicule because of high-profile dysfunction, the most prominent, of which was the superintendent search of 2003.

The board had been searching for a replacement for Superintendent Mary Merrill Anderson, whose contract had not been renewed.

Both superintendent finalists, however, withdrew in mid-December.

Rather than go back to the pool of applicants, then-board President Bob Fine tapped Jon Gurban, whom he had known since high school, who had not applied or been interviewed for the job.

At a rancorous meeting, the board voted 5 to 4 to hire Gurban as an interim superintendent. A year later, the board hired him permanently. «

Read entire article at Star Tribune web site.

Jeremy Wieland – What's Next…: Nicollet Island

Jeremy Wieland writes in his blog What’s Next…:

There has been some discussion the past few days about allowing De La Salle High School to erect a football field on Nicollet Island. I don’t like the idea. First, we’re discussing a transaction that turns public land over to a private entity. The actors, the Minneapolis Park Board and De La Salle, are acting to limit access to property that currently belongs to every resident of Minneapolis. On my way home tonight, I can swing through that property with the expectation that a security guard will not bust my chops. I can show up at a meeting to argue over whether we’re going to plant trees or wild flowers. There are no guarantees that this will remain true if we plunk a stadium there. Some folks will argue whether high school bleachers that seat 600 is a stadium. Not me. It’s a stadium.

The other thing that bothers me is that this private entity is clearly in violation of the wishes of the community. The neighborhood association there is not happy with this situation. I don’t blame them. Parking will be an issue. Every morning during the school year the school’s parking lot fills up with cars. Add a visiting team to the mix, and people are going to have to park on the streets. I also saw the plans in the Minneapolis Star-Tribune. The plan calls for the closing of a street, and I believe that includes a bridge. Someone on the DFL Senate District 59 list serve (I don’t want to link with out permission, but credit is given) pointed out that when a train crosses, say the North Star Commuter line nine times per day, traffic on the Island will be shut down.