During the Sioux Falls City Council Public Services meeting on Tuesday they will be discussing a total cell phone usage ban (besides GPS and hands free) of course the DOCS are not up yet, I’m sure they will magically appear about 5 minutes before the meeting starts ๐Ÿ™‚

During the October ‘Inside Town Hall’ Councilor Erpenbach pushed for the ban and thinks the city council should approve the ban.

Not so fast.

While I am not totally against the ban, and would comply if put in affect, as I have pointed out before the texting ban, that there are laws already in place. In other words if you get in an accident now, while using your cell phone while driving, you can be charged with a myriad of things. Distracted and Reckless driving come to mind. If you kill someone due to your cell phone use, you can be charged with vehicular manslaughter. Like I said, the laws are already in place.

Secondly, I think if the public really supports this, they should put it to a vote. The city council does have the power to put this ordinance change on the ballot WITHOUT a petition drive, and I would support them fully if they put it on the Spring Municipal election ballot.

I have told several councilors that is is ‘above their pay scale’ to put this ordinance into effect on their own without the voters approving it. I have even talked to several citizens who agree with the ban, but agree with me, it should be up to the voters, not 9 elected officials.

Heck, if we entrusted the citizens to an advisory vote on a $180 million dollar Events Center, why not a cell phone ban? I actually think the ban would pass if put to a public vote.

OTHER NEWS

They also introduce the NEW Code Enforcement Manager, Matt Tobias, to Sioux Falls during the show. He actually looked less evil then I expected ๐Ÿ™‚ He has a rude awakening though, I wonder if he suddenly disappear after a short stint like our Human Relations director?

FOOD TRUCK SILLINESS

Seems this is coming back to Public Services on Tuesday also. I think the solution is simple. Let them park in public spaces, don’t make a bunch of noise, and clean up your trash.

[youtube]https://www.youtube.com/watch?v=WCJ7fec4dxM[/youtube]

Da Mayor wants us to be snitches for his code enforcement officers. He is at Active Generations again to recruit the neighborhood snitches they need to build up the fees to pay for the new officers. The Sioux Falls administrative fine system is broken and needs a major overhaul. Our mayor wants to make it more punitive and mold Sioux Falls into his plastic over extended credit card image. Haven’t we seen enough of this by now?

[youtube]https://www.youtube.com/watch?v=lHeAnHLMLig[/youtube]

Below is the final page of the written comments by Greg N. that he ran out of time for during our ‘TIMED’ public testimony (see the entire comments here: GregInput8-11-2015ร‚ย )

Summary, Questions, and Concerns

This is NOT about this particular application, it’s about the PROCESS

In my opinion this hearing in no way fulfilled substantive due process

How are citizens going to have a voice if staff misrepresents the clear language of the code?

I am not a lawyer, but I can read, and the code is CLEAR and UNAMBIGUOUS

What is the point of a conditional use permit hearing if the governing body is told they cannot deny it and they are severely restricted in what they can consider and condition รขโ‚ฌโ€œ both of which are found nowhere in the code!

Staff commentary is a personal opinion, directly contradicts the code, and is not appropriate for consideration

Due Process ONLY exists if citizens have a SUBSTANTIVE opportunity for input and a FAIR hearing

How can a hearing satisfy due process when staff, who guides the governing body, misrepresents the powers and duties of the commission?

If staff wants to force the Planning Commission (and City Council) to grant every conditional use permit, they should bring the ordinance forward

Similarly, if staff wants to force the PC and CC to restrict its considerations and conditions to a list of specific items for a use, bring the ordinance forward

All citizens should be very concerned if this is the direction staff is giving to the Planning Commission

Under these arbitrary rules, the deck is stacked, and the conditional use permit hearing essentially serves no purpose

Item #11 on next weeks council agenda, resolution for lawn mowing/weeds…
#34 in the list of Minnehaha county weed mowing,
Deloris J Heuther
5200 W 35th St
$124.70
Poor lady, even in death she can’t escape the reach of city code enforcement ๐Ÿ™‚
DELORIS J. HUETHER~ 5200 W. 35th Street, Sioux Falls, SD; Died: Friday, October 27, 2006, Sioux Falls, SD; Age: 70 years, 3 months, 28 days
Must be a house still titled to her, I guess. ร‚ย  Or, maybe “the city hasn’t updated their records yet” (smile). I also think it is odd they misspelled her name in the city listing.