Planning Commission

Sioux Falls City Council Public input, 8/11/2015

[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: GregInput8-11-2015 )

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 – 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

Why own a home when this can happen

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

So here is our question. You buy a place you call home. You live a good life with your family, friends, neighbors and visitor on the property of your dreams. Then one day orange signs get posted near you and your world changes.

We saw it every day in Sioux Falls since Shape Places was passed. Neighborhoods are being uprooted and changed forever because a dot was changed on a map or a mysterious zoning change happened. What are your chances you can go down to a city board and seek protection. Remember, you are only a lowly citizen and not a casino owner, developer or a Walmart. Zilch according to Jeffrey Schmitt, of the Sioux Falls Planning Office. Zilch, Nada, Nothing.

Director of City Planning, Mike Cooper at Democratic Forum, 6/26/15

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Image: Sioux Falls Rotary Club

Mike started out his presentation with talking about all the major development and big building permits handed out this year in Sioux Falls. He mentioned that the Southside Walmart is ‘permitted’. I found it to be interesting he would say that since they are still in ‘litigation’ over the conditional use permit. So when the Q & A started I asked him about the WM ‘permit’ in reference to the trial/hearings. He seemed to defend that the permits that have already been given are legal and binding. (He worded it a different way, but you get the gist).

I also asked him about how the property taxes would work at the Banks project being proposed Downtown. He said the proposed $12 million from the city to build the parking ramp would be coming from the parking fees and reserves (which is understandable) but then he said that they have not worked out the details of how the property taxes would work with a mixed public/private partnership with the building (which tells me they developers will probably be asking for a TIF).

Another audience member asked about what was going on with the 26th and Southeastern project (viaduct over the tracks). He paused before answering the question and said that it is on ‘Hold’ for more ‘Studies’. Which surprised me, because I remember Shannon Austin from the planning/street department talk about the project on ‘City Scene’ that it was full steam ahead. Seems the mayor may have been shifting money around again on the streets. Cooper said it would be a multi-million dollar project.

Mike also said that the city planning office was working with the Sweetman Family to develop a large partial of land east of 229 on Benson Road.

Paratransit and public transportation were brought up towards the end of the Q & A. Melanie Bliss, a long-time advocate for the poor and disadvantaged stood up and chided Cooper about the city cutting paratransit. Also a long time rider of paratransit (25 years) complained about the rate increase.

It was probably smart of Cooper to say nothing in response since we all know who proposed these changes and it wasn’t this ‘Mike’.

 

City Board continues meeting after adjournment

[youtube]https://www.youtube.com/watch?v=v4D5lI_7QZU[/youtube]

What good are open meeting laws? Why do we have them? Bruce Danielson recently filed an Open Meetings complaint because of the City Council’s special meeting called for the regular time, in the regular place with the regular agenda because of a “clerical” error did not follow Sioux Falls City ordinance.

We were promised an explanation but of course we never got one. It’s Sioux Falls city government blasting through another set of loopholes like usual.

Our video today is the volunteer Billboard Study Group looking into the billboard mess created by the hasty implementation of Shape Places. The meeting was actually quite informative. Rick Kiley did a good job moving the meeting through the posted agenda. His fellow board member citizens asked good questions and politely listened to the city staffers there to feed them data. Great.

What’s the point of this video and what does it have to do with Bruce’s affidavit? When Rick Kiley adjourned the meeting and the audience left, why did Shawna Goldammer start a second meeting? The second meeting was not just the members talking about golf or tennis or the Eagles concert. The members stayed in their seats and continued on with an open discussion period they should have had before adjournment.

So here we have testimony from remaining staff, public and lively discussion amongst members which will become a basis for their billboard decisions to come.

What good are open meeting laws? What good are City Clerk staff and City Attorneys when they cut and run without advising average citizens to shut down a questionably proper meeting? Shawna Goldammer has been support staff to many advisory groups, she should have known better or should she?

This is another example of why my cameraman is showing up at more city meetings and events. Our administration runs such a sloppy ship our cameras need to be there to document the carnage. So again, what groups, committees, task forces or boards, organized as official or unofficial, as advisory or administrative required to follow or not to follow state law or City Charter or city ordinance? Why? We citizens just want a level playing field so we know. Too many supposedly public meetings are actually conducted and decisions are made without public notice or input.

Sioux Falls Planning Department recommends denial of Pavillion Square TIF

It is going to be an interesting Planning Commission meeting on Wednesday. The Planning Department is recommending approval of the ‘workforce’ apartments just North of Sunshine, but is recommending denial of the Pavillion Square project.

In all fairness, I recommend they deny both TIF’s and let free enterprise sink or swim on it’s own without corporate welfare and tax rebates.

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