Part 1 of several.
As usual, the Nov. 3 Park Board meeting had its unexpected surprises and hidden agendas. For even a jaded, long-time observer who combed through the agenda documents before hand, there were few clues as to what would happen.
5:00pm
** Legal Review Committee hearing from Counselor Brian Rice. In theory, he would inform the commissioners about just what it is he does for the Park Board that justifies spending around $400,000 a year, year after year, with his small law firm. While his letter to commissioner Bob Fine provides a bit more detail than his oral presentation, there was very little detail, except in the history of the relationship. Rice has worked for the Park Board for about 20 years, initially while working for another large law firm, and then starting in May, 2000 for his own firm. Interestingly, he mentions a couple of times the hugely expensive litigation involved in the Neiman Sports Complex at Ft. Snelling [the $16 million plus white elephant], without actually putting a price tag on that particular litigation. Rice also mentions twice working directly with commissioner Walt Dziedzic, which stood out as very peculiar in his presentation.
* Commissioner Mason asks about Rice's ability to handle real estate issues, a large and important part of the Park Board's legal bill, and a rather specialized are of law. Mason also asks about conflict of interest, when Rice lobbies for other organizations as well as the Park Board [and does not state, but the real problem is, those other organizations are the major campaign contributors to the majority of the Park Board commissioners who hire Rice -- that is, Rice is bringing in the largest amount of campaign funds directly to the people who decide whether to hire him or not. This is a text-book example of a conflict of interest]. She also asks if during legislative sessions, if Rice does not run into time conflicts, with trying to lobby for a variety of clients and do legal work for the Park Board at the same time.
* Rice admits that real estate is his biggest challenge, but says he does not hesitate to call on others at other law firms for help when needed. Rice says there are fewer conflicts of interest being in a small firm than in a large firm with more clients [answering Mason's question literally, rather than the real question]. He says he is very sensitive to representing conflicting interests. Rice states he sees "no conflict" between lobbying for the Minneapolis fire and police pension funds [both major contributors to Park Board commissioner election campaigns] and doing legal work and lobbying for the Park Board. He says their interests never intersect or conflict [which, while lobbying the state legislature is quite believable]. With respect to time constraints, Rice says that having lobbyist Maryann Campo also representing the Park Board has helped, it hasn't been a serious problem, that it has been a challenge and an opportunity, and that he has always been reachable at the capitol via cell phone.
* Commissioner Erwin asks what his hourly rate is and has it changed over 3 years. He also asks what "Board Business Matters" are [one of the categories on the one page hand-out showing Rice's legal fees broken into 7 categories] and how does it differ from other things?
* Rice answers that his rate is $125 per hour and it has not changed over 3 years. Rice is not sure of what the "Board Business Matters" are, but believes that items directly brought up by the board and asked of him are included. Rice states that assistant superintendent Don Siggelkow could provide a more accurate answer.
++ Here are the numbers from that handout, titled "Rice Michels Legal Fees":
Category 2001 2002 2003 Personnel Matters $41,734.96 $69,069.19 $98,563.39 Board Bus. Matters $97,992.28 $107,786.50 $75,059.97 Contracts $36,946.29 $54,684.27 $79,681.17 General Liability $42,280.32 $57,902.90 $28,206.31 Litigation $91,867.25 $68,834.62 $33,365.47 Real Estate $14,671.81 $27,682.97 $6,861.88 Other $6,736.59 $5,195.80 $5,881.32 ----------------------------------------------------------------- SubTotals $332,229.50 $391,156.25 $327,619.51 Lobbying $119,964.23 $101,642.80 $ 76,383.02 ----------------------------------------------------------------- TOTALS $452,193.73 $492,799.05 $404,002.53
* Mason asks what is the plan for the next actions this committee will take regarding the review of the Park Board's legal services?
* Chair Fine says "I don't have a plan." He asks the committee what they want to do.
* Commissioner Kummer asks how the contract with Rice is made and when.
* Fine says it is an annual appointment, not a contract, made at annual meeting in January.
* Rice says he has never had a contract.
* Mason says she would like the details regarding board business matters per Erwin's question and the 2004 figures before the January meeting.
* Erwin suggests they talk about it and move it to full board in December.
* Commissioner Dziedzic asks Rice if the Park Board is better off at the legislature today than yesterday. Answer: in so many words, yes. [but how do you measure that, especially since the Park Board got zero of what it wanted out of the legislature this year]
5:30pm
Legal Review Committee Adjourns.
** Planning Committee Convenes.
* Dziedic moves 4.1, to place a restrictive covenant on the B. F. Nelson Park site to prevent building on top of capped pollution without further dealing with the state Pollution Control Agency, either by the Park Board or future owners or users of the land.
Some discussion ensues about what this is for, where the pollution is, etc. Motion PASSES.
* Study / Report Items
+ Bassett's Creek Valley Master Plan (BCVMP) -- this report came about as a request stemming from Bob Fine's attempts to promote unapproved plans for development in the Bryn Mawr Meadows park. Report was made by Tom Leighton of the City Planning department. Leighton describes the creation, approval and highlights of the Bassett's Creek Valley Master Plan (approved by City council in 2000). He also talks in general about the planned Van White Boulevard which will cut through the property to the east of Bryn Mawr Meadows. He also mentions briefly an LCMR Regional Storm Water facility in this area on city property.
Leighton describes the properties adjoining the Bryn Mawr Meadows, most of which are owned by the city and in use for a variety of things (car impound lot, rock crusher, storage yards, etc.). He talks about city's plans for the area.
He also talks about the Bassett's Creek Valley Redevelopment Oversight Committee, which is not a city effort, but a private effort through some committee (not clear who) and the Ryan Companies. This plan is to be completely in October, 2005. He says there is lots of compatibility between the BCVMP and the Park Board "sketches" for the area.
He shows photos and diagrams of the area and planned or potential uses, including a commercial strip along 394 on the southeast side of Bryn Mawr Meadows, and possibly moving the farmers market to somewhere in the redeveloped area.
5:55pm
* Erwin says he is heartened by the suggested move of the farmers market. He asks about the flow rate of Bassett's Creek. Leighton's answer is that he does not know about the hydraulics.
* Dziedzic has a couple of questions: (1) Is there a plan to build a parking ramp in place of the impound lot? (2) What is the major issue to doing this development? Leighton answers: (1) City council can't afford to build a parking ramp, but perhaps as part of other commercial development, (2) aesthetic and other Bryn Maws community issues.
* Hauser wants clarification on the Heritage Project where she thinks the city wanted some park space developed. Leighton answers: No, the city has not and does not give direction to the Park Board. He is here simply to provide information.
* Mason reminds the board that the Bryn Mawr neighborhood association and other Bassett's Creek Valley residents had asked the Park Board for a formal and specific response to their plans for Bryn Mawr Meadows with respect to how they fit or do not fit with the approved BCV Master Plan.
* Assistant superintendent Judd Rietkerk answers that the Park Board planning department will develop their own master plan for the area, etc. etc.
6:04pm
** Planning Committee Recesses
** Regular Meeting called to order by President Jon Olson.
* Open Time
Mary Lou Hill reads the following letter to the board:
"As members of the public who were present at the August 18 Park Board meeting, we were stunned when commissioner Walt Dziedzic lost his temper and launched an unprovoked attack on some of his fellow commissioners.
We were also present at the October 20 meeting of the Standards and Conduct Committee and were astonished when commissioners Bob Fine and Carol Kummer voted to deny commissioner Vivian Mason's request for an apology from commissioner Dziedzic for his aggressive behavior. Commissioner John Erwin, a member of the committee voted against the motion and called Dziedzic's outburst "inappropriate." Commissioner Fine was not at the August 18 meeting at which Dziedzic's inappropriate conduct occurred, yet felt qualified to act as a member of the committee.
We want to express our disappointment at this unfortunate outcome. Intimidating words and actions should not be tolerated or condoned by this public body. We believe that commissioner Dziedzic still owes an apology not only to commissioner Mason but also to the other offended commissioners and to the public as well.
Signed by Chris Johnson, Mary Lou Hill and Arlene Fried"
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