Public Works

You wonder how often this happens?

Something I have been suspicious about a long time, picking favorites and winners and losers at city hall;

A Sioux Falls contractor says his company has been unfairly blacklisted from city building projects after a dispute over payment on an earlier project.

No other contractor currently carries the “non-responsible” designation.

Maybe the contractor could claim all of the bad things happened because of an ‘Act of God’. If the city can use it as an excuse for damaging personal property, why can’t a private contractor? What’s sad about this is the unlimited legal resources our city has to fight these kinds of things, with our money.

Portland Mayor sticks up for residents in tree trimming debacle

To bad we don’t have an administration like this in Sioux Falls that actually looks out for residents when city directors get a wild hair;

Portland Mayor Ted Wheeler plans to quash an effort by city bureaucrats to quietly expand homeowners’ responsibilities to care for trees on city-owned land.

The proposed new rule would have required Portland property owners to cut down dangerous trees on city property adjacent to their land, even if the trees were located far from the private property.

A spokesman for Wheeler says he plans to pull the proposed rule and have city employees rewrite it before bringing it back to the City Council for a vote.

Notice how they tried to slip in the rule. Makes you wonder if that is how Project TRIM (tree tax) got started in Sioux Falls.

I thought we killed this?

My only suggestion on this would be to put very large signs about 40 feet from the front doors of public facilities that says ‘NO SMOKING BEYOND THIS POINT’ with smoker posts (outdoor ashtrays) attached to them. The city already has a sign department that can make these signs very easily. But it seems like some people with the city cannot let this die;

“The intent is never to make this about the enforcement, the consequence of being caught, it’s really that education and creating that environment that is a healthy environment,” Michael stated.

Well then instead of making rules, laws and ordinances, do your job and EDUCATE!

Are snowgates working for you? And is it on the books?

Councilor Stehly offers her help when it comes to getting snow gate service properly;

I reached out to our Public Works Director Mark Cotter, and he assured me that his department is 100 percent committed to using snow gates citywide. We must understand that these gates are not meant to remove all the snow, but to help alleviate the majority of snow left behind.

Director Cotter and I would like to encourage you to reach out to us if there are problems with your service in the future. Councilor Theresa Stehly, 929-8783 and Public Works at 367-8255.

Let’s keep working together to keep Sioux Falls a great place for all people to live.

With a winter storm expected this next Friday, the phones should be busy.

There was something else in the letter I found interesting;

Snow gates are mandated to be used in all residential areas according to a voter approved city ordinance in 2014. Just as we have an ordinance requiring citizens to remove snow from their sidewalks, the city has an obligation to provide snow gate service.

Well, not really. As we found out this past week, the city legal team of crack attorneys at Sioux Falls city hall seem to have this policy of not putting those kind of things on the books, only when they want to harass you about doing something like scooping sidewalks or trimming trees (GAWD I HATE PROJECT TRIM). But it seems Sioux Falls may be the exception when a municipality doesn’t want to follow their own rules. In Bismarck, ND they actually take responsibility for laws passed by citizens;

Ordinance

10-02-05. Snow Removal. Notwithstanding the authority contained in Section 10-02-03, whenever, in the opinion of the director of public works, accumulated snow and/or ice creates hazardous road conditions or is likely to create hazardous road conditions which impede or are likely to impede the free movement of fire, health, police, emergency or other vehicular traffic or threaten the health, safety or welfare of the community, the director of public works may take the following actions in order to open and maintain the streets:

1. Post certain streets in need of snow removal for no parking. The signs must be posted at the times specified in Section 12-13-23(2)(l) before the snow removal is to occur. Any vehicles parked in violation of the posting shall be towed to facilitate snow removal.

2. When necessary to maintain the streets in good and safe driving conditions, goods and services may be purchased without complying with chapter 7-01 of this code. The board must be informed of any such purchases at the next following city commission meeting.

3. When necessary to maintain the streets in good and safe driving condition, temporary snow removal personnel may be hired. The board must be informed of any such hiring at the next following city commission meeting.

The City of Bismarck shall use snow gates or other devices to prevent snow, in an amount that prevents usual access, from being plowed or placed into driveways or their openings to public streets. This section shall cover City employees and contract employees. Any additional costs caused by this ordinance shall be paid by the City Sales Tax of the City of Bismarck. This ordinance shall not apply in the event of a snowfall of such magnitude that a snow emergency is declared.

(Ord. 4588, 03-15-94; Ord. 4644, 10-25-94; Ord. 5294, 06-13-00, Initiated Ordinance).

Imagine that, when citizens actually pass an ordinance, the city’s legal team does the legal thing, put it on the books.

I have suggested that the city purposely doesn’t put the snow gates on the books in Sioux Falls so citizens can’t sue the city if they don’t use them. While that is clever, it is also very sneaky.