SF City Council

Sioux Falls Chamber Advocate concerned about NOT allowing street vacations

You can watch the 4+ hour council meeting above.

The Chamber Advocate uses some strong language when it comes to street vacations;

Resolution to vacate portions of S. Elmwood Ave to facilitate expansion of Lifescape parking fails

One of the longest public input periods and council debates in recent years led to a vote to not allow a requested street vacation at the Tuesday, Feb. 12 city council meeting. The decision may also increase uncertainty for future business expansion and development in Sioux Falls.

I was actually surprised that the Chair, Mayor TenHaken, didn’t implement a rule that the past chair used to do by limiting repetitive input. I counted well over 20 people who said the same exact thing “I’m a LifeScape employee concerned about the safety of the children.” While I support public input at all levels and think everyone has a right to be heard, I think after hearing it 4 times the chair should have asked the crowd to stand if they were going to testify they were employees of Lifescape that were concerned about the safety of the children. You could have easily shaved off an hour of testimony and it would have probably had a bigger impact seeing 30 people standing. I believe the chair allowed the repetitive comments because he was on their side.

Leadership of LifeScape, a non-profit serving children with disabilities, requested the partial vacation and street closures of portions of S. Elmwood Street. The street closure would facilitate planned expansion and alleviate on-street parking in other parts of the neighborhood.

The only evidence LifeScape provided was that they would gain about 15 new parking spots for employees and visitors for closing the street. I was disappointed that they provided NO evidence that the closure would make drop offs safer. If they would have, I think the vacation would have been justified.

City staff summarized their review of utility easements, traffic counts and projected traffic models. City traffic projections suggested that as LifeScape grows, there is likely to be increased on-street parking in the area if no additional parking is provided. Past right of way vacations in other areas for similar purposes were shown to have reduced traffic and on-street parking in neighborhoods. City staff recommended vacating the street as requested by LifeScape.

The only ‘growth’ LifeScape has committed to was building a parking lot for their staff since their lease was cancelled with the VA. There was ZERO discussion of expanding the actual facility.

LifeScape requested vacation of the right of way in order to add 148 on-site parking stalls. Numerous LifeScape staff and employees stressed the planned parking and expansion would facilitate student safety for those they serve.

Like I already stated, they continued to talk about how it would make it safer for the kids but never presented a plan as to how that would work. They did talk about staff crossing the street, but as I understand it, they try to drop off students at the door. Another fallacy is that closing the street and stopping street parking makes it safer. Actually street parking makes the street narrower which has been proven to make the area safer because cars go at a slower speed. By closing Elmwood, you would only increase traffic on streets surrounding LifeScape, and with employees not parking on those streets anymore, the speeds would increase. You could argue that the street closure actually makes the neighborhood less safe. Of course the Chamber, in all of their wisdom argues the exact opposite;

Councilors and public testifiers highlighted that irrespective of the council vote, the parking lot as proposed will be put expanded as LifeScape owns the property. The on-street parking would be reduced if the street vacation was approved. Likewise, street vacation will result in added safety for students, not only for children/students but for all staff and neighborhood residents.

The period for public testimony was very long, with nearly 40 proponents and opponents testifying on differing aspects of the project.

This was actually the best thing that came out of the night, public engagement by people who don’t normally engage their government (even though many of them were paid or forced to be there. I wonder if we will see them testify for other street vacations that don’t affect their employment?)

Councilors Selberg, Neitzert, Soehl, Kiley, and Erickson advocated for the street vacation – highlighting the importance of Lifescape in the community and the need Lifescape fills for students and families.

The Chamber has a long history of ‘Praising Councilors’ and shaming the ones that didn’t vote their way. I’m not sure the 5 that voted for this deserve praise. Voting to give away taxpayer property, a street that the public gets usage out of, to a private organization while telling it’s residents who live in the neighborhood to go to Hell goes against the duties of a city councilor. They are an elected representative of the taxpayers of this community. They should be looking out for OUR interests first. Councilor Neitzert made the comment that as a city councilor he needs to make decisions on what is best for the ‘city’. While their is some truth in that statement, he fails to understand who makes up this ‘city’. It’s residents who hold these neighborhoods together. When was the last time you saw a local non-profit or business donate to a neighborhood for it’s preservation instead of it’s destruction? I know that All Saints donated to the neighborhood after their expansion, which I felt was different because they owned the land they expanded on that was serving NO public good. And LifeScape is being afforded the exact same right. They are able to build a parking lot on the land they own, no one is stopping them from that. I am just puzzled how they lost Tuesday night?

Ultimately the council voted not to approve the street vacation as proposed on a 5 yes to 3 no vote. Street vacations require a super majority, hence it would have required 6 voting yes to pass.

The Chamber, economic development groups, and development companies in Sioux Falls monitored the process closely. Future business expansion and investment in core neighborhoods are anticipated lead to requests for street vacations in the future as the city grows.

This final statement while TRUE, is also extremely misleading and threatening. On one hand they are claiming they are investing in these neighborhoods. Quite the opposite, they are investing in their own business while divesting established neighborhoods, by eliminating affordable housing, decreasing personal home values while paving and institutionalizing established CORE neighborhoods. It’s all smoke and mirrors and it’s disgusting to watch our Chamber threaten elected officials in this manner. It’s also disgusting to watch 5 of the ‘praised ones’ roll over for the Chamber.

Sioux Falls City Council Agenda, Feb 19, 2019

Informational Meeting, 4 PM

Updates on Midco Aquatic Center and Falls Park Safety Report. These should be interesting presentations, NO docs provided at this time.

Land Use Committee Meeting, 4:30 PM (after informational)

Amendments to Shape Places. I was also unaware that there would be changes.

Regular Council Meeting, 7 PM

Item #15, Notice of hearings, Transferring wine license to Stensland from former Overlook Café management. This is strange considering I don’t remember the city council approving the new management contract with Stensland yet. Maybe I missed it. Of course this is just a hearing, but since they were the only one to bid on the new management, maybe they just assume they have it in the bag?

Item #23, I guess Fleet Farm is going to have a beer and wine department. Weird.

Item #30, 2nd Reading, changing council races back to plurality. I hate to say it, but I think this is going to fail. I think after Stehly, Starr and Brekke voted against the street vacation, the other 5 councilors are going to go into vengeance mode and vote against it. As I told one of the three councilors this week after the street vacation vote, “It’s seems the majority of the council only wants to support the illogical.”

Item #33, 1st Reading, Rezoning by Avera for the nun apartments. While I am pleased that they will try to move the houses if the rezone happens (it will) Once again we are seeing affordable homes in our core being pushed out.

Item #36, Resolution to extend employment of police officer so they can cash in on 15 year tenure benefits. Not sure if that is the case, but my assumption.

Items #37-39, Hearings and Resolutions, I guess in one quick, clean sweep, Raven is asking the city council to demolish an historic building. The testimony on this should be interesting. I guess I found it surprising that the old Goodwill building was considered ‘historic’.

Has the Midco Aquatic Center caused parking issues around the VA?

I won’t get into the argument about whether we needed an indoor public pool or not in Sioux Falls, that ship has sailed. But I do know the neighbors of Spellerberg opposed the location, mainly due to parking issues with the VA. We all knew at the time that the VA wasn’t going anywhere and was expanding. We also know that the VA has a quit claim deed on Spellerberg, so if they want to expand either buildings or parking, they have the right to do so in Spellerberg park. SAVE Spellerberg warned of these issues before the vote. They fell on deaf ears. Now we have an expanded VA, which needed more parking, so they cancelled their lease with Lifescape and we have an indoor pool with a parking lot next to the VA that sits empty most of the time. Earlier this week, a member of SAVE Spellerberg and a Veteran and Volunteer at the VA sent an email to the City Council, here is a portion of it talking about the parking issues;

Parking is a problem with all city projects going back decades.  The city and NFPs intentionally build where there is insufficient parking expecting residential street parking to be a cost savings option.  City leaders have routinely handed over streets to business for their convenience, making homeowners/taxpayers second class to the business of city hall.

Not only do I personally think Spellerberg Park was a bad location for an indoor pool, the evidence is showing that it was a HORRIBLE location. Destroying a park for larger parking, and not having any space for expansion of the facility.

I truly believe if the pool would not have gone in there, the VA would have been able to expand parking to accommodate their future needs as well as Lifescape. I found it interesting that NO ONE brought up the reason why there is congestion, because all of the facilities next to each other. Maybe this SAVE Spellerberg person is right;

Lifescape’s poor planning the last 30 years has caused them with the help of city leaders to promote the decline of the very neighborhood that has supported them.

Maybe this is one of the reasons they put Midco at Spellerberg, so they could institutionalize the neighborhood. Seems their plan hit a snag Tuesday Night.

UPDATE: Sioux Falls Secret Study Groups and a ‘War Room’

As transparency continues to go in the toilet bowl in our city (getting worse than the last administration) we found out last night that our (uncertified and overpaid) City Clerk did not have access to city contracts that the city council has to vote on in the consent agenda. Further more, the council doesn’t have access either and are expected to ask in advance of the contracts by NOON on Monday before the meeting on Tuesday. Apparently instead of these being filed in the clerks office (where they belong) they are filed in various other departments. Besides NOT being readily available to the Clerk and City Council, the citizens should be able to go into SIRE and read these contracts online. Reminds me of the disappearing act of the Executive Orders.

But it gets even better, today Mr. Epp decided to interview Deputy COS, TJ TypeOver about transparency and specifically the secret study group. While TJ tried his damnest to argue the administration has been transparent, there was a few snags in his testimony. 1) was how this secret group will have the opportunity to bid on RFPs that may be produced from the recommendations of the study group (well isn’t that F’ing convenient);

Nelson did not say members of the study group would be barred from bidding on any Requests for Proposals that might come out of the study. However, he said anything that comes out as an RFP will be “very clear and very prescribed.” He said it would not be an “open-ended stew.”

“This group is not an advisory board in the capacity of those (official) groups,” Nelson said. “So the study group is really no different than the mayor bringing in a consultant to create a report, beacuse this group is making recommendations for the Mayor’s office.”

He keeps peddling this two-sided story that on one end they are un-important volunteers then on the other end he calls them paid consultants. So which is it? But this statement should have us all worried (not in the text of KELO’s story, audio translated);

“There are times when you just have to shut the door and get stuff done.”

He also went on to say;

“We won’t get all the facts only the ones they feel we need to see.”

I had to rewind and make sure I wasn’t hearing former Mayor Bucktooth & Bowlcut. When it comes to government, these things must be open. We are not running some race to see who can redevelop this area the fastest. Most everyone who has attempted in the past has failed. The only thing that ever manages to stay viable is private entities that are propped up by taxpayers, like the recent hotel and restaurant that was built there. And also remember, even with all the success of the Denty, we still have to subsidize the place around $10 million a year for the mortgage payment out of the 2nd Penny CIP fund (intended for roads). Ramrodding any secret plans down the throats of the citizens or city council will only result in failure. Have we learned nothing about the history of this cursed area of town?

TRANSIT MEETINGS IN THE ‘WAR ROOM’

I have often argued when you open these discussions up for public inspection, some of the best ideas and suggestions from the public can be molded and refined by the specially selected ‘study group’. I don’t have an issue with study groups or task forces, but they must be open and they must involve people with NO conflicts of interest.

So there is another group meeting on the unfinished 3rd floor of the new administration building (Transit Study group), in which the group is calling the ‘War Room’. I guess solving our transit problem in Sioux Falls is like fighting a war. Who knew?

A SouthDacola foot soldier had a recent tour of the ‘War Room’ by the recently anointed by God, Innovation Director, Jason Reisdorfer. To Jason’s credit he did tell them that he was willing to show the war room to anyone that wanted to see it (City Councilors, public, etc.). I guess it is curtains suspended by poles with hundreds of sticky notes of ideas tacked to them.

Jason said that this study group is limited to 12 directors/management that work for the city. The group is also engaged in the Harvard/Bloomberg leadership training program, and learning how to solve problems as a group is part of the training and solving the transit issues.

On the more negative side of things, it appears that the study group will not be looking at older studies or ideas from the past. They also will not be bringing in experts at this time in the field of transit (it may happen in the future).

Some other things this person observed was that they felt Jason was unaware that the city OWNS Sioux Area Transit (SAM) and it’s busses, facilities, etc. and that the outside contractor only manages the the system and it’s employees. I would think this would be an important thing to know if you were leading this group.

They also observed an idea in the ‘War Room’ that businesses may be requesting bus passes for their employees at a discounted or FREE rate to help get their low wage employees to work. There is a whole host of reasons why this is a bad idea. It only encourages businesses to continue to pay poverty wages while getting subsidized by taxpayers. If these businesses want to PAY for the passes and GIVE them to their employees, so be it, but we shouldn’t be subsidizing a private industry so they have bigger profit margins by tapping into a low wage workforce by giving them free bus rides to work.

I asked a city councilor today if they knew about the ‘War Room’ and they said they were unaware, but I was told by another person today that the Argus did this story about it.

I’m not sure why the contracts are being withheld from the public, or what the EC Campus study group will be discussing or what the transit/leadership group is up to, but it’s time we let a little sunshine in on Sioux Falls city government, or I’m afraid it’s going to get very dark for our citizens.

UPDATE: On Facebook today Mayor TenHaken clarified that 15 city employees are going thru a leadership program administered thru the USD Beacom School of Business. The program is called ‘ONWARD’. Not sure if this is tied to the Transit group.

UPDATE: Sioux Falls City council votes 5-3 to NOT vacate Elmwood Avenue

It takes a super majority to close a street (6-2). Councilors Starr, Stehly and Brekke voted against the vacation saving Elmwood. Watch the Replay.

I will tell you that I was on the fence about this, but still lean towards leaving the street. But ironically, Lifescape still gets their parking, and still got to remove houses (Which moved to Lennox, NOT somewhere else in Sioux Falls). Lifescape didn’t lose. Also, I don’t believe there will be (worse) safety issues. The kids will still be dropped off in the same manner. All this would have done is provide about 10 more parking spots for employees while losing an important inner city street.

Brekke is right, it’s time to put together a strategic plan for our central neighborhoods so they don’t continue to get gobbled up. I was fortunate to buy my home around 16 years ago in a central neighborhood at an affordable price. I couldn’t afford my home today. All I ever see city planning and city councils do over the past decade is put out fires for poor planning. It’s got to stop.

We need to implement a strategic planning vision for the future of central neighborhoods and we need to overhaul the TIF program to assist those neighborhoods in fixing them up. The Sanfords and Lloyds of Sioux Falls are doing just fine.

UPDATE: Cameraman Bruce weighs in after attending last night’s meeting in person;

The night was full of interesting observations.

LifeScape was not the only issue the city failed on but it was the most active one. I actually want LifeScape to be creative in order to solve this issue. I have great respect for LifeScape and want them to succeed.

I for one, am always excited when people show up to be part of the process. This vacation vote showed people wanting to be involved. We must have people showing up and adding their voices to the discussion.

Most of the following thoughts reference the evening’s vacation vote because it was 3 hours and 10 minutes of the meeting. The Sioux Falls street vacation process is a cluster of a high degree. Our town’s street vacation methods have forced the town government to just let it happen because what else can you do? It is always done as a force majeure after the neighborhood damage has been done. The houses have been torn out. The trees have been cut down, The property has been made ugly. The process forces acceptance of what the applicant wants because everything is ready to go, so you better let us do this (whatever the applicant’s goal is).

If the city had a policy of helping companies and institutions with growth planning, they could stop this type of show. Why not bring in the neighbors before the plans are started? Bringing in the neighbors early into a growth discussion, an applicant might have a chance to succeed with the neighbors support. Why not have a checklist to show actually show the due diligence has been done?

The vacation issue failed because it was down to a question of process. Where and how far do we want our city staff to go with planned developments potentially destroying neighborhoods and the policies allowing it to happen.

Consider these back row observations from the back row:

– why was there so much city data available on this item but no data or contracts on most of the other evening items

– the use of tear jerking emotions not having anything to do with legal issues

– attempts at government secrecy by administration

– threats by the administration to withhold information from Council

– the use of an insensitive photograph by the administration

– the repetitive testimony, especially by the 2 dozen non-neighborhood applicant employees

– what was the purpose of the long drawn-out rambling, with pregnant pauses, by the engineering department

– the inability of some members of the dais to read the situation and move on, was it an attempt to “wear down” or “run out the clock”

– the childish behavior of some members of the dais during the presentation and after the vote (only seen by being in the room, there might be some special video coming)

– watch the emotions, I know tantrums when I see them, computers don’t like to be slammed around

The LifeScape issue should not have been a win or lose proposition. The issue was made into one by the poor way the Sioux Falls has done so many previous vacations. I am sorry it was LifeScape that got caught up in the town’s abusive past vacation policy.