Downtown Sioux Falls

Low-Head Dam Replacement at Falls Park

Bruce Danielson did a FOIA (Freedom of Information Act) request with the US Army Corps of Engineers to receive information regarding the planning and replacement of the low head dam at Falls Park (click on links to see full PDF docs throughout article);

Any and all documents permitting the City of Sioux Falls or their contractor businesses, giving permission to modify the flow of the Big Sioux River and the falls in downtown Sioux Falls between 2015 to current.

I have been reviewing the materials received from the CORPS over the past month. The PERSONAL names of any parties involved have been redacted BUT, all other pertinent information was provided. What disappoints me the most (but not surprised) is that a constituent had to go to the Federal Government to get information about how the city is handling a local project. Since the city is working within a waterway controlled by the Feds this information really should be also provided by the city to the public, but was NOT. I don’t think it is the responsibility of the Feds to inform local constituents on projects our city is doing in concert with their pre-approvals. To get to this point took decades, and the public wasn’t really brought along on the process, as you will see in some of the docs I reviewed.

Some major concerns about the project;

• Who is funding this project? How much will it cost and what ‘fund’ is this coming out of (Ex: Jacobsen Plaza or Parks Department or Planning Department). I couldn’t figure out what city agency is handling this project. It seems to be Planning, but their is NO clear agency.

• Will it work? I find it troubling that this area has been almost the same for 100 years, and while Falls Park does flood almost yearly, you wonder if this will be a good flood control measure or will it just back water up towards the South and the East?

• How was historical and environmental mediation handled? (there was opposition to the project at first, but a solution was presented, just not sure what it was or how they came to the conclusion to proceed).

• It seems the project must still go thru final approval with the Feds once the project is completed and up until this point the only thing the city has gotten is pre-approval to proceed. In other words the Feds could institute major changes to the final project once the inspection is completed, or could have a ‘wait and see’ approach to see how it handles major floods/rains, etc.

These are images of the original ‘plans’ for the replacement that the city OR the CORPs initially called a ‘rehabilitation’ of the low head dam (it is NOT a rehab, it is a total replacement). Also notice the drawing of the dam is a straight line (this will come up later in the post).

Below is the IMPACT MAP which shows wetlands on the East Side. Before the CORPs signs off on the completion of the replacement of the dam, the city will have to create a new wetland area on the east side as requested by the CORPs.

Scope of work performed at or around Falls Park in coordination with the CORPs

As you can see from the diagram below, after the old dam was removed they made the replacement damn LOWER then the original;

Many agencies were asked to weigh in on the proposed replacement, HERE are some recommendations for PRE-APPROVAL;

As you can see below the State Historical Society (a state agency) had concerns about the adverse impacts of the dam replacement AGREEING with the CORPs, then offering to work on a solution (NOT sure what was resolved or how this recommendation got reversed) THIS IS the full SDSHS review;

Somehow the 6th Street bridge environmental review was also done before construction could be done on the bridge, and look at this wonderful soil sample they found below. As I have said in the past, almost all of the dirt and quartzite in this area of Falls Park is severely contaminated from years of chemical waste and river runoff only a few feet under the surface. It still amazes me that we continue to ‘pave over’ our beautiful Greenway instead of highlighting it’s natural beauty. I have suggested instead of all these super condos along the greenway we should put down a wide pea rock path that winds thru natural prairie flower gardens and other natural amenities, and the best part it only needs rain and sunshine to be maintained. With all the contamination under the ground in this area of DTSF you would think permanent structures would NOT be allowed by any government agency, state, local or Federal. This is why the Levitt shell is where it is, because of the massive contamination of that site, they can’t build a permanent structure on the grounds. Don’t think we have ground water issues in this area? Then why are they always tearing up the sprinkler system at the Levitt every year since it has been opened? It seems about once a month in the summer, they have some pipe torn up at the Levitt and the culprit is usually a leaky sprinkler system pipe;

Where we start running into issues is the original design of the replacement has been drastically changed. This is the original plan submitted to the CORPs;

As you can see, the replacement dam is supposed to run in a straight line from the banks of the Steel District to the old Queen Bee Mill structure, those plans have changed. Also notice the carve out around the pier below is about a foot higher then the rest of the dam on the North and South sides. I find it troubling that this was the solution concocted by the railroad, the city and the CORPs. If we get a major flood, like we do almost every Spring due to snow melt and rain, this pocket behind the pier will just fill with debris and tree trunks and I would assume rise up to cause issues with the bridge itself. Still scratching my head why the plans changed so drastically? Was this pier determined historical (built around 1900) and maybe the compromise the historical peeps were looking for? Which is also strange since other original piers were encased with concrete. Once the CORPs approves this I will be curious to see how this came about.

As you can see from the above picture they made a turn around the one pier (not sure why they didn’t just encase the Pier and put the dam up against it instead) they did encase two other piers to the east of this one;

Look at the almost ONE MILLION just to encase some Piers. While we have been ‘told’ that the Jacobsen Plaza project was $16 Million there was significant cost overruns with this dam replacement and we may never know how much it was. Apparently $16 Million wasn’t enough to install a water fountain that is level (I call it the Leaning Water Fountain of Jacobsen). The irony is if you go around to other parks in Sioux Falls that have had upgraded equipment over the past few years, much of the equipment is broken now. The electronics on the machines at Rotary Park haven’t worked for over 2 years (this park is only 3 years old). It makes you wonder if the entire parks budget was thrown at this entertainment superplex while cutting back on repairs and maintenance in other parks;

They also intend to build another observation deck over the flood gates next to the Queen Bill Mill;

The good news is it appears that the Feds only do a pre-approval so work can be done, but don’t sign off final approval until final inspection which I don’t think will be until the end of 2026 with all the extra dirt work they have to do;

I have been mystified by this project since it’s beginning and the lack of information I have gotten from the city. I have many more questions;

• Why was this called a ‘rehab’ by the city when it is a total replacement?

• Why did plans change to go around the pier instead of up against it?

• Why was only half the dam poured then an expensive coffer damn put in to complete the project (there seemed to be a long delay between the pouring of the first leg of the dam and putting in a coffer dam to complete the project)?

• What was the compromise between historical advisors and the changed plans?

• Where is the money coming from to replace this? The Railroad? The City? The Developer? The Feds?

• How are environmental concerns being mediated?

I will be curious if and when the CORPs signs off on this project. Because right now, it looks like a gigantic mess. I used to work construction, and it is common to change architectural and engineering renderings in the field so they will work with the project, but it seems this project didn’t have a clear objective from the beginning and they are making changes on the fly and this is why it is starting to look like a cobbled mess. I also found emails between private contractors, city employees and the Feds interesting. The Feds are always detailed and professional in their emails and only are interested in brass tacks, can’t say the same about the others involved with the project. I guess we will have to wait until the project is finished before we see positive results, but bringing the public along would help a lot.

In my humble opinion, I would not have handled it this way. No doubt the old dam needed to be fixed or replaced, but wouldn’t you have all the plans ready to go before putting shovels in the ground? I wonder how much all these delays are costing us? Hopefully this post will encourage the council to request a long informational on what is going on with the project, but that would require transparency 🙁

UPDATE: So NOW the city wants to address the detours on the bike trail

UPDATE: In a weird meeting where one of the Park’s managers apparently felt they needed to apologize to a board member for using the word BIKE instead of PEDESTRIAN we got to the bottom of what happened, this same manager confessed in a sheepish voice that ‘consultants’ came up with the detours. Well, that says it all. And why does the city use so many consultants when we have so much mid-management? Either have them do their job or get rid of them and stop depending on consultants and 6-figure managers who are glorified proofreaders. Speaking of bicycle and pedestrian safety in Sioux Falls, look at all the issues that have to be fixed, it’s like we have just ignored our pedestrian walkways for 20 years!

Typical of the city, talk about an issue after the fact. During the Active Transportation meeting scheduled for Wednesday at 8:30 AM at City Hall they will be discussing ‘Parks Trail Detour’. I hope commuters that were put off by the badly planned detours show up and express their displeasure on how this was handled. So you are going to discuss it after you failed? How about an apology so we can all move on.

SIOUX FALLS CITY COUNCIL CHAIR MERKOURIS LOVES TIFS!

During the budget hearing today Merkouris decided to put in his plug for TIFs and encouraging the state legislature to make the rules more lax to implement them. Here’s an idea Rich, how about throwing $50K at a public university so their economic department can study the ROI of TIFs in Sioux Falls. I have argued for years they would never do the study because it would reveal their ruse. Here’s your chance to prove me wrong 🙂

COUNCIL CHAIR STILL DOESN’T UNDERSTAND 1ST AMENDMENT

As the mayor stepped out early tonight for his annual jumping jack instructor dinner and charity auction, council chair Merkouris stepped in and struggled with his 1st Amendment knowledge. He cut off an inputer who dared to speak on a separate item already discussed. I’ll say it for the 1000th time; The chair of the meeting cannot cut you off for mere speech and the rules of the chamber only apply to those on the dais. The next time they try to cut you off, just ignore and keep talking. The entire council and mayor really need to take a course on the 1st Amendment, because they are clueless of the laws they swore to protect.

BIG HANDOUTS AGAIN TO DEVELOPERS

The city council agreed to lease parking for $1 a year to a stinky rich developer who didn’t plan for parking. That’s his problem and he can either pay a fair market value or forget about it. Jeffry Scherschligt the developer of Cherapa one and two decided he needed the parking because he is putting in a 20,000 square foot grocer. Kind of sounds like a for-profit business. So why would we give them a non-profit rate? Also, he claims he will do upgrades to the lot in exchange for the $1 a year. Better yet, give us receipts and we will reimburse you for the work thru deferred lease payments. Why on earth would we be giving it to them for nothing? Last I checked Jeff did this to make some money, so why aren’t we charging a going rate? Or better yet, he can buy the parcel and develop however he wants to. I have a feeling Jeff is doing this so he can secure the land once he has the money (I heard he is pretty stretched thin). Kind of hard to boot off a person who already did the improvements to the property, isn’t it? I wouldn’t even be surprised if he is angling to get the property for FREE in a few years. We have given this developer millions in tax payer upgrades to the river greenway, and here he is again at the trough, and we know why . . . he has no shame and the council rewards the welfare queens.

COUNCIL REZONES PROPERTY TO LIARS

So while the city won’t tear down the remaining properties on the MX Liquor lot, for gawd knows what reason, they have no problem spending $500K to demolish property for a religious non-profit who lied thru their teeth to get the demo money, and they reward the liars more by helping to cover up the lie by approving the rezone. They looked like a bunch of fools tonight, but that seems to be the typical theatre these days.

City Council defers Snowplow purchases

It seemed a majority on the council were suspicious of this deal and why we need to buy these maintainers BEFORE the yearly budget is approved. And for good reason. So the question that we ALL need an answer to is; ‘Was it the city’s idea to purchase the maintainers or the contractor?’ I don’t know, but the more that gets revealed it seems this deal was concocted and pitched to the city by the contractor wanting to ‘rid’ themselves of the used equipment. So why would they need to get rid of this equipment? Long story short, the contractor who leased the equipment had the contract tied to a major developer who is out of the business now. So did this contractor inform the city they were no longer going to do the lease? And while they were at it, did they offer the city this ‘deal’ to purchase the used equipment we have already been paying leases on? Yup, that’s right folks, they want to sell us the very equipment they have been leasing to us. So since they are apparently not in the business anymore and a major investor has passed away it seems like a sweetheart deal for the contractor and ANY investor he may have had. Be warned council, this isn’t being done to bail out the city, it is being done to bail out a contractor. No surprise, while there is nothing nefarious about the current lease agreement, you have to question the arrangement with the developer, the city and what goes on at the yearly ‘High Tea’ meetings. The city council needs to budget for a NEW lease agreement with a NEW provider after a RFP is put out. I hope the council comes to their senses and looks at the current lease agreement and who is listed on it.

How is the Low Head Dam replacement coming along?

A few months back Cameraman Bruce (Danielson) and I were talking about all the missing information to the public about how the dam got approved and what process was happening to make this happen. In an ideal society that has a local government that is TRANSPARENT we would have had all that information, but not in Sioux Falls. So Bruce had the brilliant idea to do a FOIA (Freedom of Information Act) request from the Corp of Engineers for the project. While it took several months and 2.2 GB of information, the CORPS granted Mr. Danielson’s request. I have been sorting thru the materials for over a month and finally have them to where I can start posting about the process. There was many twists in turns in the process, including changing the direction of the design, water contamination, a refusal from the SD Historical Society (State Agency) and much more. While most of the materials are redacted of personal names, it is easy to determine who the contractors are, who the city employees are and who the CORPS are. The irony is any email or correspondence coming from the CORPS is extremely professional and detailed, city employees and especially the independent contractors NOT SO MUCH. It seemed they didn’t want to get the CORPS involved unless they ran into an issue. Which is odd since the CORPS won’t officially approve the project until it is finished, and that may not be until the end of next summer since after the dam construction is finished they have to create wetlands around the area to preserve the area AS IS.

What I have found fascinating is the city seems to be doing this by the seat of their pants and crossing their fingers it will work, which I believe has put the project over budget by at least $1 Million because of the poor planning and lack of concerted coordination with the CORPS. This city will never learn, when you do things in the OPEN you save the taxpayers money and it makes the process smoother. If they would have also made the process more open and brought the public along, there may have been members in our community who wanted to weigh in with ideas. I have often argued our city is full of smart folks who understand this stuff, if we would just ASK them. It reminds of the process when a group of citizens decided to tackle sustainability in Sux and all of the efforts and work turned into toilet paper Poops used to wipe his tight ass. We have experts in Sux, but instead we use leaders who are more concerned about selfies and jumping jacks then expert advice.

I hope to put up the materials by week’s end, it’s going to be a whopper of a post.

The Problem with Erik Muckey

Representative Muckey has been blabbing anywhere he can about how he voted against the property tax cut, then in the next breath complains about TANF cuts. There would be less people on TANF if their property taxes weren’t so high.

I don’t care if you are Indy, Repug or a Demorat, you NEVER vote against a tax cut. NEVER! Political suicide. Was this property tax perfect or even fair? No. But it was a starting point for more adjustments, like fixing our assessor system.

We know why he voted against a property tax cut; Teacher pay. The tired old argument Dems haul out when they are running for office. Do you know who cares about teacher pay? Teachers, and a couple of Dems in the legislature. That’s it.

I have made the same argument to legislators over and over again, which usually falls on deaf ears; Teacher pay in SD is reflective of other professional salaries in the private sector, for example, nursing. South Dakota is almost dead last for nursing pay. There are many other professional fields that are below the national average in South Dakota. I’ve said the best way to raise wages for teachers is to raise wages for professionals in the private sector. When they make more, they buy bigger houses, and pay more in property taxes which raises teacher pay. This isn’t rocket science folks. A good start would be presenting legislation that eliminates all of our right to work state laws.

I’m not sure who is Erik’s audience on this one? Kadyn? But you never vote against a tax cut. NEVER! And you especially don’t brag about it after the fact. Have you written your political obituary yet?