Greg Neitzert

Thank you to the Neitzert Family

Besides the Mayor and his wife, Greg and his wife Jennifer were the only elected city officials to donate to the Levitt Pavilion. I know the councilors don’t receive nearly enough money for the job they do, so it is always nice to see when they donate to local charities (and most of them do). Essentially giving something back to the community from the small salary they receive.

Thank You.

The donors; LevittShellDonorsVolunteers

Can you protest an Annexation in Sioux Falls?

Citizens asked at the first annexation meeting how they could try to protest or stay out if the city tried to forcibly annex them in.  A reader also asks this on your blog. Here is the answer Councilor Neitzert I was able to get.
If a landowner or group of them object to a FORCED annexation (city initiated) they have a few legal options (three specifically below).
1.  Put the resolution of annexation passed by the city council on the ballot.  This would be very similar to what happened with Walmart, Shape Places, and almost with the administration building.  The only difference is the 5% of registered voters who have to sign the petition are the sum of all of those in Sioux Falls plus all of those in the newly annexed area, so if there were 120,000 registered Sioux Falls voters, and 100 registered voters in a newly annexed area, there would need to be 5% of 120,100 registered voter signatures on a petition collected by 20 days after publication of the resolution.  That would put the question on the ballot and there would have to be an election.  That process is explained here:
SDCL 9-4-4.5.   Petition for submission of annexation resolution to voters. The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.
SDCL 9-4-4.6.   Contents of referendum petition–Signatures–Verification. The petition shall contain the title of the resolution or the subject of the resolution and the date of its passage. The petition shall be signed by at least five percent of the registered voters residing in the combined area of the municipality and the special annexation precinct established pursuant to § 9-4-4.8. The percentage shall be based on the number of voters in the municipality at the last preceding general election. Each voter shall add to the voter’s signature the voter’s place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall state that each person signing the petition is a resident and registered voter of the municipality or special annexation precinct. No signature on the petition is valid if signed more than six months prior to the filing of the petition.
 
2.  After a resolution to annex goes into effect, and a group is now IN the city, they can attempt to petition OUT.  Note that this is NOT the same as a zoning protest petition where a group of landowners can force the council to revote on the same ordinance (like the Brett apartment rezone).  This is after the original resolution has passed and gone into effect.  If there were 75% of landowners of equity and registered voters of a block that was annexed, they can force the council to vote on a resolution to exclude (remove) them from the city.  That vote is a simple majority vote of the council.  If the council does not vote to remove them from the city, state law says they can bring that to circuit court (see SDCL 9-4-8 and 9-4-9 below).  Another way to take a group out of the city is by a two-thirds vote of the city council, which would be unlikely if they had just forcibly annexed the same group.
 
SDCL 9-4-6. Exclusion of territory from municipality on petition or by vote of governing body
Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the governing body may by resolution exclude the territory from the municipality. However, if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition must be signed by the owner only.
 
SDCL 9-4-7. Publication of petition for exclusion of territory
No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of § 9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks.
 
 
SDCL 9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body
Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§ 9-4-6 and 9-4-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts.
 
SDCL 9-4-9. Service of notice of petition to circuit court–Hearing at term or in vacation
Notice of filing pursuant to § 9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the date of such hearing.
The hearing on the petition may be had by the court at a regular or special term or in vacation.
 
SDCL 9-4-10. Court order for exclusion of territory–Dismissal of petition
If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order.  If the court finds against the petitioners, the petition shall be dismissed at the cost of the petitioners.
3.  Some other sort of action in circuit court objecting to some legal aspect of the forced annexation or the process in which it was done.

Coffee with Legislature AND Council

The lawmaker, the troublemaker and the deal maker

It was a nice surprise to not only see councilors Neitzert and Stehly, but legislators Michael Clark and Greg Jamison were also in attendance talking to constituents today and the Coffee with Council event at HyVee. Jamison and I had a good conversation about repealing IM 22 (we didn’t solve much though) He thinks (mostly his caucus) we should repeal it ASAP, I told him that we should let the Supreme Court address it, and further more, Judge Barnett has already halted the law, so what’s the hurry for repeal until the SC weighs in? I also I have a problem with the legislature making it’s own rules when it comes to ethics.

Coffee with the Council – THIS SATURDAY!

Coffee with Council Members – Erickson, Stehly, and Neitzert

What: Come and have coffee with three (3) of your Sioux Falls City Council Members.

When: Saturday January 28, 2017 from 9:00 a.m. – 10:30 a.m.

Where: Hy-Vee Food Store, 1900 S. Marion Road (W 26th St and Marion Rd), Cafeteria just inside the east entrance

Who: Councilors Christine Erickson (At-Large), Theresa Stehly (At-Large), and Greg Neitzert (Northwest District)

Why: Come and engage three of your Sioux Falls City Councilors to discuss your thoughts, ideas, and concerns!

South DaCola 2016 year in review (Part I)

art-maze-mower-lrArtMaze, one of the better parts of Sioux Falls life in 2016

2016 has been a rough year for citizen activism. While it has been up and down here in Sioux Falls with many successes and failures to boot, it seems Washington DC has gone into full collapse as we allowed racist, sexist, hillbillies to elect our president.

READ ABOUT 2015 REVIEW HERE.

But locally there were three things that stood out;

• Governor Daugaard claiming that voters were ‘hoodwinked’ into voting for IM 22, then getting the Pierre (in)justice system to go along with it. Funny how for over 40 years voters have been voting his party into power, and no word about ‘hoodwinking’ but once that corrupt power will be challenged, all the voters are idiots. As one official told me that used to work for Dennis, it’s not the public that are idiots, it’s Dennis. And his idiocy has been shining through.

• The South Dakota Democratic Party’s bottom completely fell out, and the people in charge patted themselves on the back. Insanity I tell you! Insanity!

• But one of the greatest achievements of the year is the Sioux Falls City Council’s change of power. The four new councilors have been flexing their muscles with a little help from Councilor Erickson, and while they have had a few missteps to start out, they have been learning from the battle scars. While ‘leadership’ of the council (Rolfing and Kiley) seem to be on a two man mission to rubberstamp all things Huether, shut down public input, and concoct false ethics charges against a fellow councilor (until they got caught lying like the snakes they are) they are becoming more and more in check. The city council has many big plans for 2017, and I have a feeling their agenda will push through easily as our lame duck mayor melts.

Let’s take a look at some the finer high and low points of 2016;

• The Huether Tennis center continues to block parking from other event attendees at the Sanford Sports complex though they basically stole $500K from taxpayers for the facility. Throughout the year there was several reports on cones and signs blocking the lot with not cars in it. But hey Mike’s Bride won an award this year and seemed surprised she did, without commenting that her check to the organization that gave the award wasn’t returned.

• The Sioux Falls City Council leadership and mayor’s HR department pulled a military retiree out of their asses for city clerk, a person who will be in charge of our city elections and hasn’t been registered to vote for years. He also proved his knowledge of official stamps when he stamped a petition without even bothering to read it. While Mr. Greco has gotten better over the year, the city clerk position should not be a $80K+ a year job as an apprentice, sadly being trained by one of his assistant clerks who has ten times the qualifications and applied for the position but was turned down. I’m sure it had nothing to do with the council chair’s view of women in the work place.

• Speaking of letting the mayor’s HR department and Leadership’s Mutt and Jeff pick the next internal auditor, the council barked loud enough that they did not want another ‘Greco’ pick. Not sure if the barking worked, but the person who was set to take the job saw the writing on the wall and turned it down. Hopefully the person who ultimately gets the position won’t be turned down because they shave their legs.

• The city continues to blow money on the Winter Wonderland Display, but the way the mayor has been cutting budgets these days, I expect next year’s display to be a couple of homeless barrel fire pits, sponsored by the Dudley House of course.

• After posting about the ridiculous corporate like raises the mayor has been giving to his management team, he turns around and still screws the minions with dismal raises again this year. I think in a special note to the city employees on their Christmas paystub he wrote, “I don’t care.”

• The city continues the FREE condom distribution program at area bars, and for some reason Monk’s is always emptied the quickest. Coincidence that is also a favorite watering hole of city managers . . .

• The Tuthill shooting case becomes ‘inactive‘ and a tree branch shadow gets off scott free.

• The Erp wrongfully calls out local massage therapists as prejudice because they pointed out the ‘shower massages’ that were taking place around town. Apparently someone got a bad fortune cookie that day.

• The car rental tax and BID tax grabby-grabby fails in Sioux Falls, but the state legislature passes one of the most idiotic tax increases ever so our teachers are now just tied for last instead of dead last in pay. Out hoodwinking governor already has plans to rob the pot only one year after its passage.

• Hartford’s city government was in a state of collapse. Who really cares?

• The Levitt Pavilion is moving forward in Sioux Falls. It will be nice watching outdoor concerts sitting in the grass while battery acid is boiling beneath our asses.

• The Boulevard ordinance changes went into effect. Now stop worrying about rocks and plant a garden.

• The Washington Pavilion got a change of leadership after Darrin Smith takes over as President. So far he has only eliminated one director, but I hear the blood-letting has just begun. Now let’s throw another couple of million at the place to fix the poor construction to begin with. That will never happen with the Events Center . . .

• The Events Center cracks down on outside snacks and guns at events. We are all now safe from cheap fat people shooting us, but not in the parking lot.

• The Pottie Room war starts in Pierre and is guaranteed to return in 2017.

• A state legislator calls transgender people ‘twisted’. Now I’m struggling with what word to use describing our state legislators?

• A city council candidate throws a hissy fit over a post I wrote about his wife’s involvement with the Jesus plows and after threats to my employer I pull the post. He ends up taking last place in the at-large race. How’s Jesus working out for you now?

• Due to health reasons, Kermit Staggers decides not to run for a 4th term on the city council. His endorsement of Stehly puts her over the top.

• One of the youngest candidates in city history runs for city council. I apologize to Briggs for all the shitty things I said about him during the campaign.

• The Argus Leader sues the city for the details in the secret events center siding settlement. The Argus loses the first round but it is headed to the SD Supreme Court.

• On a similar note, the SON neighborhood is also awaiting a judgement in their Walmart suit with the SD Supreme Court.

• While our Sioux Falls City Council approves the DAPL through Sioux Falls, it takes thousands of protesters in ND to actually stop it. Too bad our city council chair doesn’t understand how to vote.

• The Mayor and Q-Tip Smith screwup the DT parking ramp development by flapping their traps to soon, and the council later on in the year returns the favor and defunds the ramp all together for 2017. I still think the fiasco is what got Smith to seek refuge at the Pavilion.

• City officials throw a hissy-fit over Bruce’s camera at a city meeting we were invited to by then city councilor Kenny Anderson. Looking back on it now, I just chuckle.

• Former city councilor Dean Karsky and now commissioner elect has become the official endorser in Sioux Falls.

• Bruce and I do a presentation on voter turnout in Sioux Falls at Democratic Forum and one of the mayor’s buddy developers in Sioux Falls tries to shut us down. When he fails, he walks out. Another casualty to transparency.