Friends of Lakeside Park

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A Look Back at 2020 - Lakeside Park

January 4, 2021

2020 was extrardinary in so many ways.  We are deeply grateful for the people who came together over our beloved park.  Thousands of you have signed petitions, attended meetings, sent emails, made phone calls, donated to our legal fund and so much more.  There has been lots of work and lots of passion.  We are united in our common goal:  “Let the People Decide!”

Before we take a look a back at the events of 2020, let’s first take a look at a few milestone dates that have led us to where we are today:

2014 – City Council created the Lakeside Park Exploratory Committee (LPEC)

2015 – LPEC published its findings and 27 recommendations

2016 – City retained Excel Engineering to assist with the creation of the Lakeside Park Master Plan

June 2016 – City staff unveiled LPEC – inspired Master Plan

November 2016 – City Council modified the proposed Master Plan, deciding instead to build a brand new pavilion as well as commissioning a revised Master Plan that would locate the new pavilion on the site of the current one

April 2017 – City Council approved the revised Master Plan which included a new pavilion

2018 – City retained Angus Young to design the new pavilion

February 2019 – Angus Young unveiled design concepts for the new pavilion, which rejected Council

June 2019 – Angus Young produced a revised design for the new pavilion, which was endorsed by Council

 

October 2019 – Council Member Ben Giles says a group of business leaders were talking about ways to have a more elaborate plan for the park with possible donations to allow it to happen. Action was tabled until next meeting.

 

November 2019 A Motion was made by Alicia Hans instructing city staff to delay further design work on the Lakeside Park Pavilion ($60,000 has already been spent) until February 15th, 2020 in order to allow the City Council to evaluate alternate proposals from potential community partners related to the Lakeside Park Master Plan and seconded by Ben Giles. The motion was Passed. Ayes: Degner, Giles, Hans, Merkel, Richards Nays: Kolstad, Miller.

 

November 25, 2019 – An Advisory Park Board member attempts to recommend development be limited to only the Pavilion footprint. The motion dies for lack of 2nd. A second motion was made by Brian Kolstad to recommend to City Council to not develop on the green space at the end of Main Street and seconded by Velesca Fleischman and the motion was Passed. Ayes: Dennis, Doll, Fleischman, Kiefer, Kolstad.  Nays: Teletzke There is no mention of developing Lighthouse Peninsula or Oven Island.

January 16, 2020Article appears in the FDL Reporter “Lakeside Park revised plan gets public reveal Monday in Fond du Lac: What to know.”  

January 20, 2020 – Lakeside Forward gives a presentation to the public at the Lakeside Park Pavilion. The presentation, which consists of 29 pictures, provides no firm designs or costs, only “white box” drawings with specific locations on Lighthouse Peninsula and Oven Island.  This was the first point at which the new plan was revealed to the public.

January 21, 2020– Lakeside Forward member emails to other members:

January 27, 2020 – Lakeside Forward gave presentation to the Park Board in the Council Chambers. Council member Donna Richards participates as a citizen speaking in favor of the plan. Park Board was not given the opportunity to weigh in with a recommendation for the Council.  This was the second and final opportunity for citizen input.

 

February 12, 2020 Just 23 days after introduced to the public, the process for a brand new Pavilion with added features and owned by the city, for a cost of $3.2 millon was paused indefinitely by City Council. The desire for a feasibility study was passed. The overall concepts of a New Alternative Master Plan with no financials on what the project will cost were endorsed. Ayes: Degner, Giles, Hans, Merkel, Richards.   Nays: Kolstad, Miller.

 

Mid March, 2020 – Wisconsin is largely in lockdown, due to COVID 19.

 

March 25, 2020 – Council member Miller suggests a new citizen survey; Lakeside Forward threatens to pull out of deal if survey is done. The original survery of 3,000 citizens which was conducted by the LPEC took place in 2014. Those results were used to create the 27 recommendations for the original master plan. The new Alternative Master Plan is quite different from the original.  

April 21, 2020, Ben Giles, Kay Miller, Arletta Allen and Donna Richards are sworn in as council members. Each ran unopposed. Allen, a newcomer and Giles, are both members of the Envision Strategic Planning Advisory Committee – supporters of Lakeside Forward.

In an email from Lakeside Forward Supporters to Joe Moore and Jordan Skiff they ask for clarification on a survey:

May 13, 2020 – Lakeside Park Master Plan Survey is re-visited. Lakeside Forward again threatens to pull donations if a survey is conducted. Motion was made by Brian Kolstad to defer to Advisory Park Board, but fails. Ayes: Hans, Kolstad, Miller Nays: Allen, Degner, Giles, Richards.

 

June 24 2020 – The city reveals it intends to include in the feasibility study Request for Proposal, consideration of private ownership of the multipurpose building. 

See the response from Donna Richards to a citizen when she was asked, was council not made aware in February when you voted for this, that the building would not be owned by the city?

“Donna Richards response to the citizen: “On this privatization lease stuff none of this was was part of the latest plan when we approved it. That was sprung on us two days before the RFP went out for the feasibility study, and at that time I was the only council member who objected. Others may have objected if they had time to think about it. I understand that K Miller Is not happy about it maybe others. There was no vote on this. I asked for a copy of the RFP and found that the lease idea was embodied in the RFP I asked whose idea the lease was at the previous meeting discussed and was told directly by Joe Moore that it was his idea I was taken aback and then said in an outburst “this is irresponsible “. But as I said earlier I was the only one who said anything. We certainly thought it was a public building up until then so we never had to think about hours and uses or the nature of the restaurant because we thought that would be discussed by Council as part of the feasibility process; not that it will be privatized for those decisions.”

 

June 24, 2020 – Donated sign depicting proposed changes to Lighthouse Peninsula is proposed. It includes information about a website to provide opinions. Comments are overwhelmingly against the development.

June 29, 2020 – Large crowd at Advisory Parks Board meeting – most opposed to a building on Lighthouse Peninsula.   

 

July 6, 2020 – A Facebook Group, Stop Lakeside Park from being Privatized! is launched and quickly gains thousands of followers.

 

July 13, 2020 – The first 24 yard signs go up around the city, which soon number in the hundreds. 

 

 

July 15, 2020 – A group of citizens meet at Lakeside Park in the pouring rain to discuss what might happen to the park.

 

July 21, 2020 – A small group of concerned citizens meet with City Manager Joe Moore at the pavilion, one day prior to selection of feasibility consultant.

 

July 22, 2020 – Johnson Consulting, a consulting firm out of Chicago is chosen to conduct the feasibility study.  The city of Fond du Lac pays $36,000 for this study. 

 

July 23, 2020 – A small group of citizens gathers around a kitchen table (they would become the Friends of Lakeside Park) to hammer out an advisory petition requesting no development on Lighthouse Peninsula. 4100 signatures from Fond du Lac County residents are quickly gathered.  

 

July, 2020 – Hundreds of Save The Lighthouse Peninsula yard signs appear city-wide.  Every weekend from July into September, people who are now aware of the plans for Lakeside Park volunteer their time to be at the Farmers Market on Saturday and out in the park every week day.   They find many citizens are unaware of the plans.  As people are informed, the momentum for a referendum to include the people in this development decision builds. 

 

July 27, 2020 – Another large crowd at Parks Board meeting. Board recommends to halt pavilion remodel until feasibility study is complete.

 

August 12, 2020 –  A large number of citizens gather at Veterans Park before an overflow City Council meeting.  The City Council is presented with an advisory petition with over 4,000 signatures opposing “building any structure on or near Lighthouse Peninsula.”  The petitions are not acknowledged by the City Council. Council is asked by citizens to both take park boards’ recommendation to pause the pavilion project and to write and hold a referendum on development in the park. Council is warned by citizens, if you don’t do a referendum we will. Lakeside Forward supporters make it clear they will pull their donations if the pavilion project is paused or a referendum is sought. Recommendation to pause pavilion project dies for a lack of a 2nd. Referendum information was presented by city staff, but little discussion and no action was taken by council members.

 

August 13, 2020 – After being ignored by City Council, Friends of Lakeside Park meet and discuss using the WI 9.20 direct legislation petition process to force referendums for development on either Lighthouse Point Island or Oven Island. An attorney, Mary Beth Peranteau, of the law firm, Wheeler, Van Sickle and Anderson SC is hired to write the petition in proper form.

 

Lakeside Park is a legacy. It is the backyard for the citizens of Fond du Lac; created developed, and nurtured over decades of City and volunteer oversight.

We commit to continue that legacy for future generations, with responsible administrative and financial stewardship of the Park, through oversight and partnership with the City and the citizens who use it, love it, maintain it, and find solace within it.

August 18, 2020 – The Friends create their Mission Statement and Logo. 

 

August 20, 2020 – Friends of Lakeside Park meet with Johnson Consulting expressing concerns with the locations of the multi purpose building and amphitheater. The Johnson staff was receptive and interested.

 

August 28, 2020 – Two 9.20 direct legislation petitions begin circulating, asking for a referendum to let the people decide, prior to development of Lighthouse Point or Oven Islands. Close to 3000 signatures on each are required to make them binding. The signatures are easily gathered in less than 3 weeks.  The petitions do only one thing, they ask that the people of the city of Fond du Lac be allowed to decide on development for Lighthouse Point and Oven Islands.  If the people say yes, the plan can go ahead.  

September 4, 2020 -The Friends hosted a petition signing event on Oven Island, complete with a food truck which was one of the top recommendations from the Lakeside Park Exploratory Committee.

 

September 5, 2020 – A billboard is donated to our cause by a supporter.

September 14, 2020 – Emails between Joe Moore and a Lakeside Forward supporter points out inaccuracies in Lakeside Forward’s advertising:

September 16, 2020 – Lakeside Forward “Truth” ad appears in the Action Advertiser.

September 17, 2020 – In an email, City Manager Joe Moore warns council members against entering into a developers agreement written by Lakeside Forward without involving city staff. This is usually a lengthy, careful process.  Johnson Consulting also recommended working on an agreement after their feasibility report is completed.

September 18, 2020 – City Ethics Board meets concerning receipt of a verified ethics complaint regarding a specific person, which if discussed in public could have a substantial adverse effect on their reputation. (This person is now known to be Council Member Ben Giles)

 

September 18, 2020 – Word of the developers agreement written by Lakeside Forward’s attorney is posted in the city council agenda.  Having ample signatures, Friends of Lakeside Park prepare petitions for submission. 

September 19, 2020 – The city’s server that hosts council agendas mysteriously goes down.  No access to the upcoming agenda, comment forms or the developers agreement is available to the public until September 21.

 

September 23, 2020 – The Friends submit the Lighthouse Point Island petitions with over 3,000 signatures collected in less than a month.

 

September 23, 2020 – Newcomer Council member Arletta Allen presents a developers agreement and resolution to adopt the binding agreement immediately in an attempt to subvert and preempt the 9.20 petitions. The donor group, now named Lakeside Forward LLC, again threatens to pull their donation if the council doesn’t immediately approve the agreement.  Another overflow crowd is in attendance, many speaking against the agreement. 713 citizen non-attendance comment forms were submitted in opposition to the agreement. City staff attempts to make changes to the agreement on-the-fly prior to any vote and the city attorney did not sign off on the document.  Lakeside Forward’s attorney is allowed to speak and answer questions regarding the agreement. A vote on the resolution to adopt the agreement was defeated due to a Roberts Rules technicality, but a majority of City Council members favored scheduling a special session in the next week to pass the agreement. 

 

September 28, 2020 – City attorney is present at Park Board meeting. (This is unusual.)  Motions for recommendations by Park Board members regarding the AMP are declared against meeting rules because they are not noticed properly on the meeting agenda. All recommendations made by the Board are rejected due to this technicality as pointed out by the city attorney, despite recommendations having been made this way in the past. One of the recommendations was to wait for the feasibility study to be completed prior to signing any developers agreement.

 

September 30, 2020 – In special session, after a couple of modifications were voted on, a motion was made by Daniel Degner to approve the Lakeside Park Enhancement Agreement and seconded by Arletta Allen, and the motion Passed. Ayes: Allen, Degner, Hans, Kolstad, Richards Nay: Miller Abstained: Giles.  This agreement that was negotiated in one week commits the city to spend at least $5.2 million on the Alternative Master Plan.  Normally a multi-million dollar agreement like this would be carefully negotiated over months by city staff and then presented to the Council.  

 

October 14, 2020 – Another large crowd gathered at the city council meeting. The agenda included a resolution finding that, The Friends of Lakeside Park’s Petitions Are Not Proper Subjects For Direct Legislation, based on the city attorney’s opinion. However, the city attorney’s opinion does not make them illegal the decision to adopt the petitions rest solely with the City Council.  Many citizens spoke in opposition to that opinion. 271 non-attendance declarations were also returned in opposition to that opinion. The resolution passed 4-2 with Giles abstaining. Council member Degner declared the petitions “illegal” while voting in favor of the resolution. 

October 19, 2020 – Friends of Lakeside Park go to court to dispute the City Council’s rejection of their 9.20 ordinances by filing a writ of mandamus and also file a motion for a temporary injunction to stop any action by the city at Lakeside Park. The filings were prepared by attorney Mary Beth Peranteau. All of the judges in the Fond du Lac County Circuit Court recuse themselves and the case is assigned to Winnebago County Judge Teresa Basiliere.

 

November 11, 2020 – Johnson Consulting presents its feasibility study to city council. Their recommendations include: Moving the multi purpose building (MPB) off of the Lighthouse Peninsula, (the existing pavilion site was recommended for the MPB) moving the amphitheater off of Oven Island (the Sauputo cheese factory was recommended) No financial projections were made for the proposed restaurant, only stating that there is some statistical demand for another restaurant in the city. No lease profit projections were made and potential for success was largely dependent on who operates the restaurant. They recommended the city own the buildings and amphitheater. There were profit/ loss projections given for the amphitheater, which predicts losses for 10 years.

 

November 2020 – Friends of Lakeside Park receive a $22,000 bill for attorney’s fees. Fund-raising efforts have been on-going and the amazing people who favor a referendum to let the people decide have donated enough to cover the bill, mostly in $10 and $20 donations.  Christmas ornaments and calendars were offered in exchange for donations.  

 

November 2020 – A “management team” consisting of majority Lakeside Forward members and a minority of city staff, begins meeting to decide on how or if to implement the feasibility study recommendations. The meetings are closed to the public. Their proposals are due in early January, 2021.

November 18, 2020 – The city responds to our lawsuit, calling for it’s dismissal and demanding we pay their legal fees. 

November 24, 2020 – Judge Teresa Basiliere schedules a hearing for the temporary injunction on February 5, 2021

 

December 5, 2020 – Lakeside Park Friends have a float at the drive through Christmas parade at Lakeside Park.

December 11, 2020 – Ethics hearing for Council Member Giles is postponed until February 5, 2021.

 

In 2021, will the FDL City Council, Let The People Decide?

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#LetThePeopleDecide