SF City Council

Bunker Ramp Developer Proposals need to be made public

The Anti-Transparent government running city hall wants to move forward on the failed Bunker Ramp project with even less transparency than what got us in this pickle to begin with;

Powers and chief of staff Erica Beck also have updated the City Council multiple times, answered questions and solicited feedback.

“It’s important to note that some of the interest is because of the confidence we’ve been able to share with the industry and because of the collaboration between the administration and council,” Beck said. “We’ve been transparent that we’re conveying the questions, concerns and comments … and I think that will lead to a process and ultimately applications that may be more than what we first thought we might receive. We’ve received a lot of good feedback both internal and external of the city and state for that matter.”

The city plans to use a negotiated sale process to either sell or lease all or part of the site, including potentially the ramp itself.

A committee of city and community representatives will lead the evaluation process and make a recommendation. The team will start reviewing submissions in January, but there’s no hard deadline yet.

While there is certainly nothing wrong with an initial review process to boot out the ridiculous, underfunded and impossible, serious finalists and contenders need to present their proposals publicly to the city council during a special informational meeting as long as they meet investment criteria (a little problem we had the first time around).

It certainly sounds like to me a process has been set in place that will make the final decision of who takes over the property up to the non-elected planning staff, the non-elected mayor’s staff, the mayor himself and handed over to the council for rubber stamp approval.

And who can resist a property that has PLUMP utilities;

I would challenge the city council to demand that at least 3 finalists need to present publicly their plans to the council, and allow the council to have an up or down vote on those proposals.

As of right now, it would be like going to the shoe store and asking to see all of their running shoes they have in size 8, and the salesperson bringing out one pair from the store room stating, “These are our best shoes sir, you don’t need to worry about what else is in stock.”

One of the biggest reasons corruption and bad decisions are made not just locally but nationally is because those decisions are made in the dark with very little if any input from the public. Bring the public along this time and it could be less complicated.

As I have predicted, the developer will probably be a usual suspect that will get all the handouts and goodies anticipated with a deal like this. There will either be a much lower purchase price or lease agreement negotiated(?) and a tax break or TIF to boot. No developer in their right mind wouldn’t go after this opportunity WITHOUT asking for the full reach around from the city, and they will quickly oblige, heck it is even mentioned in the proposal online;

For property that is being considered for sale, the value of the property is established by a market value appraisal prepared by an independent appraiser hired and compensated by the City. Projects that will provide tangible public benefits may be eligible for various forms of financial assistance, such as tax increment financing (TIF) and property tax reduction. Consideration of the purchase/lease price, incentive request, or other request of the proposer will be weighed to determine the best project and offer to the City

In other words ‘just ask’ and you may get what you want.

Wholestone, Video Lottery, Ticket fees and Data Harvesting

There has been a lot of talk about the upcoming election. One of the topics is Mayor TenHaken’s participation in the Anti IM 27 campaign and if it is it is legal. I have been warning people for years that PTH’s former job was being a political partisan marketing hack, and little has changed. He continues to ignore the ethics of being a politician while setting precedents when unchallenged. Paul not only is betting the farm on his input to the opponents but I also think he is doing this to harvest statewide voter data for an eventual run for Governor or Senator. It makes me laugh when Paul says he hates politics and doesn’t like being a politician, but he has done it his entire professional life and now is using PAC money from a PAC he runs to make a political stance. We will see how this plays out. I think the race is in a dead heat, but if Paul is successful in getting his SF mayoral supporters in line with his feelings on MJ he will set another precedent right in front of our faces. Even if IM 27 passes and foils his ambitions (he will still have secured the voter data), I still encourage members of the IM 27 campaign to file ethics violations against him for his political stunt as a sitting (lying) mayor.

Even if the Wholestone Slaughterhouse ordinance fails or passes (I think it will get between 70-80%) it will ultimately be decided in a court of law and NOT by voters. Why is this? For the same reason I voted NO. It is a poorly written measure that doesn’t address property rights and current zoning. Liking the concept or not doesn’t matter here, it is about law and city ordinances, and since the city council didn’t have the courage to do something about this in January here we are. Thousands of disenfranchised voters and a very nervous judge.

Speaking of the ordinance, council chair, Curt Soehl, decided it was a good idea to write a letter to the editor in support of the NO vote. I was told the entire council was advised to publicly keep quiet about the ordinance until after the election, Soehl obviously ignored them. Funny how this guy likes to tell councilors how to conduct themselves during meetings but does whatever he wants to on the side. Not just an authoritarian, but a hypocrite.

The Events Center Campus is a dump and always will be, that isn’t coming from me, that is straight from councilors yesterday at the informational meeting;

Neitzert called the proposal to spend more at the events center complex a “sunk-cost fallacy,” and unless the plan includes overhauling the entire neighborhood and creating a walkable road network, he doesn’t anticipate much success.

“We’ve been proven wrong twice,” he said. “It’s just a tough area. It just is.”

Maybe Greg learned something from his Bunker Ramp vote. The 3rd time isn’t always a charm.

Speaking of Greg, last night with the support of the mayor at the council meeting found ways to limit video lottery at a handful of casinos but did argue that it will take some stronger ordinance changes in the near future to affect change. I can guarantee lobbyists for the VL industry in SD are already nagging lawmakers to make changes to state law so they can have these mega casinos that hand out free beer. Like Wholestone, this will also be decided by a court, and also like Wholestone the City Council acted too little and too late. The city council should have been working on this for the past two decades.

A few weeks ago I addressed the city council about having a $5 dollar bond payment ticket fee at the Denty to help pay down the mortgage. This week they turned around and gave a ticket fee to the general fund of the Sports Authority for ‘Marketing’ with NO oversight. Of course this is the same city council that continues to subsidize the operations of the Pavilion while spending millions on building repairs while the Pavilion sits on a $5 million dollar savings fund. Yet some how the city may have to scrounge the money together for an additional warming shelter this winter.

The screenshot below is from the last Audit Committee meeting Councilor Jensen chaired. It was so nice of the taxpayers of Sioux Falls to fund City of Sioux Falls logo wear for councilors (instead of a simple $10 lapel nametag magnet) so that when they actually show up to a live streamed public meeting they could be promoting their Dr. Oz and Alex Jones vitamins. #justrolledoutofbed

Local Transparent and Open Government is easy

I do support 1st Amendment Rights and the freedom to dissent our government, but there are things the government can do that has very little to do with free speech. The City of Sioux Falls could put these modest proposals in place with very little capital, if any, which would actually reduce the need for constituents to dissent the government.

Some local governments have instituted some of these things;

• Livestream all public meetings on YouTube (including boards) and have that livestream on the main page with . . .

• A rolling calendar of all public meetings . . . (which we have on the council agenda page, but NOT on the main page)

• All public meetings should be after 5 PM during the work week.

• An online search engine portal of all public city documents (the city has something like this, but it is complicated and cumbersome)

• Answer constituent questions if possible during public input (the council used to do this but the practice was ended during the Huether administration).

• Have a weekly mayoral and separate council presser to answer media questions about the weekly agenda (and live stream it on YT).

• Stop limiting council debate during the meetings.

The last one is a new thing. During the past couple of council meetings there has been an effort to limit the council debate. I am not even sure where this is coming from, but it seems there now is an effort from council leadership and the mayor’s office to limit debate between councilors during first readings.

Open government is easy, and most times it costs nothing to do. I think our issues with zoning, homelessness and violent crime could be easier tasks to conquer if we just talked about them openly.

Mayor TenHaken proposing sale/lease agreement on Bunker Ramp BEFORE developer selected

As I have stated in the past, the selection of who takes over the Bunker Ramp will likely be a usual suspect, and probably already in the hopper. But all assumptions aside, the mayor has sponsored a resolution (Item #59) to put framework in place BEFORE the developer has been chosen. Cough, snicker, laugh, cough;

Background & Objective: This Resolution outlines the City Council support to consider both a lease and/or sale of the property at 140 E 10th Street (Parking Ramp site). It outlines the goals and expectations of any proposals that will be received through the Negotiated Sale process.

It seems this time around they are trying to get ahead of any questions about who is chosen. I look at this as a good thing, besides who is negotiating this sale, likely behind closed doors.

They still struggle with the concept of transparency, and if used the first time around (they had three bites at the apple) we wouldn’t be in this place.

There has been a lot of discussion about what went wrong with the original project, just like how did a slaughterhouse get approved without conditional use permits, why is homelessness and violent crime exploding and musical chair rotating video lottery casinos.

It seems this administration and council have learned very little from the past, but they are trying really, really, really hard (not to blow out the candles during their meetings).

It’s time to get rid of our ‘Junky’ video lottery casinos

In her time in office on the city council, the Quen Be De and I agreed on very little. But one night De Knudson decided to take on video lottery, she was on fire, and I was in the chambers. She essentially wanted to close it down in our city and she said, “I’m tired of all these junky casinos on every corner . . . and if the state wants to sue us, bring it on!”

Well, they did, and they won;

And, if a business has a full liquor license (not just wine and/or beer), the city can’t really do anything to stop them from also offering video lottery. That’s because of a 2011 S.D. Supreme Court case – Law vs. Sioux Falls – that I will spare you the details of here.

Our state law on these things is crappy, because, well our state legislature is crappy. I recently talked to a South Dakota parole board member about the attacks on his group by Sheriff Milstead and Mayor TenHaken. I said, ‘Don’t you have to follow state law when granting parole?’ He said yes. Then I said, ‘So wouldn’t it be up to the state legislature to change the laws so parole opportunities are more rare?’ He said yes. ‘So why are they attacking you?’ He laughed.

Councilors Neitzert and Merkouris think they have state law on their side;

Councilors Neitzert and Rich Merkouris in recent weeks have been visiting casinos across the city. Neitzert told Sioux Falls Simplified they’ve seen several violations of state law, as well as some unintended consequences of a 2019 city ordinance change related to video lottery.

Oh, but that pesky SD Supreme Court, that makes it up while they go along, might have a problem with your arm chair lawyering.

I could walk these two into certain bars in this city at any given time and show them health code violations, video lottery violations, public smoking violations, over serving, and a whole host of other problems. To be honest with you, I have not seen POs in a bar doing random ID checks for about a decade.

Maybe enforcement and not state law is the real issue here?

I will commend Rich and Greg for teaming up to combat the ‘Junky’ casinos, but at the end of the day, you will probably lose in court, and I am willing to wager on it.