Lots of Darkness at the Sioux Falls City Council meeting tonight

by

I’m surprised the council didn’t hand out flashlights before the meeting.

On Item #5, approval of minutes, Councilor Starr asked to amend the minutes since they don’t reflect what happened during the Informational Meeting of July 18 (FF: 20:00). Of course 7 councilors voted against amending, which is surprising in itself, because when you listen to the discussion it is obvious what is in the minutes isn’t what happened. Here is their version that was submitted for approval tonight;

As you can see they are claiming they made a motion to amend, the problem is they were already in executive session when they amended it (amendments must be made in public).

Selberg claims they were following law when it comes to what is discussed in the meeting. He is correct, but only after they amended the session. If you look at the image above you will see that they were first going to put this under personnel matters (this refers to individuals, not to the city council employees as a whole) this is why they probably decided to amend it, because it looks like they were discussing raises, bonuses, etc., which would be under contract negotiations.

Like I said, the amendment was justified, the problem is the amendment wasn’t made in public. Even the city attorney stumbles a bit when he tries to claim that since ONE person was sitting in the lobby of Carnegie and the doors to the council chamber were open (because he forgot to close it, complaining about the door stop being stubborn) that makes it all good. That would be like saying if I was sitting on the toilet in Carnegie’s bathroom and the door was open the meeting was technically open to the public 🙁

I have heard you can hear them talking when you sit in the lobby if the door is open, but unless you are actually in the room, you would have no idea what they were doing. It is a stretch to claim it was done in open, and Starr was correct to ask for an amendment.

Ironically, if anyone decides to file an open meetings complaint because of this, seven councilors just signed their own pink slips by voting against the amendment while Starr gave himself an out. Even more ironic, the 7 councilors went a step further by noting that Starr voted NO on the amendment and that should be reflected in the minutes. Starr happily agreed and voted with the rest of the council to include that in the minutes.

I wonder what it is like to have such a dislike for your fellow colleague you would risk violating open meeting laws just to stick it to him in a public meeting. Apparently seven of the toddler councilors didn’t take their nap before the meeting.

SIOUX STEEL PROJECT REQUESTING ANOTHER $3.575 MILLION IN CITY FUNDING

Talk about playing some legal gymnastics when it comes to approving this funding (FF 1:14). When I first saw this on the agenda Friday night I didn’t really read it very close and just figured the BID tax was for Downtown Sioux Falls, which I would fully support. I don’t think we charge enough BID tax in Sioux Falls when compared to other communities. This tax is paid for by travelers and is a great way to fund things like paying off a bond for an entertainment venue, instead the hotel will collect the tax, submit to the city then the city will turnaround and give the money to the hotel at Sioux Steel for public improvements.

As you can see, most if not all of these improvements will be made on the private property of the Sioux Steel Project so I am curious what are the public improvements? Access to the Greenway on your property is NOT a public improvement. And while the artwork will be technically ‘public’ because if someone is walking thru the district they will see it, it is still on YOUR property which is a benefit to you also.

The discussion gets interesting including Starr calling this a ‘NON-TIF, TIF’ and asking the question, “Why don’t they just finance this themselves and collect an extra $2 fee?”

Good question, but it is much easier to feed from the trough, or as councilor Neitzert points out, this is a way to blame government for the extra fees instead of the hotel itself (because, you know, it is almost impossible to hide hidden fees on a hotel invoice 🙁

Of course, Starr was the only one that voted against it, even laughing while saying NO!

Only in Sioux Falls and South Dakota would we think it would be okay to collect a tax from tourists and turnaround and hand that money over to the very business that is making money from the same tourists. It’s Bannaners!

100 DAY CHALLENGE

I finished it out with 1,430 miles, which was a combination of stair stepper, regular biking and low setting on my E2. I didn’t count any throttling road miles. I rarely throttle my bike unless I am in a hurry.

I also had to chuckle about the Fitness Challenge last Thursday. As you know, I took pictures of the nasty goose crap that morning, and when I came by later that night, I was right, someone attempted to power wash the goose crap before the event.

The one thing that always holds true with city government – they are always predictable.

Sioux Falls City Council relies on online newsletter to inform the public about a consent agenda item

by

What have I been saying about informing the public about policy changes? Tomorrow the city council plans to approve this on the consent agenda with NO informational presentation to the public (Item #6, Sub-Item #22);

Homelessness Street Outreach Services Agreement Implemented on the recommendation of homelessness task force. South Dakota Urban Indian Health, Inc., $175K.

While this was recommended by the Homeless task force and was discussed in their meetings, there hasn’t been a broader presentation by the city to the public on how this program will work.

But you can read all about it HERE. I guess the city is relying on bloggers now to put out information. I never thought I would see the day 🙂

While I totally support what Dakota Scout, Sioux Falls Business and Sioux Falls Simplified do, the information needs to first be disseminated by the city. Maybe they can do a quick two minute YT video about how they are serving the UNHOUSED (I’m still getting used to this synonym of homeless and puzzled by what the difference is between the two words).

What really is a Special Interest?

by

Recently I mentioned what the business elite call pro-democracy, politically involved, regular middle class folks; special interests. It was startling because the mayor recently used the term to describe certain folks who were promoting the original sustainability program. There have been other regular folks who have individually advocated for changes to 14th street, public art, and even riding E2s on the bike trail. While I have no problem with being called a special interest (I have always thought I was special 🙂 I am only an individual looking out for my personal interest, so am I really a special interest?;

What are considered special interest groups?

A special interest group (SIG) is a community within a larger organization with a shared interest in advancing a specific area of knowledge, learning or technology where members cooperate to affect or to produce solutions within their particular field, and may communicate, meet, and organize conferences.

There are broader explanations of the specific groups, but nowhere does it say an individual who walks to the podium at a council meeting an airs their views about a city issue makes them a special interest.

A better term would be citizen advocate;

Citizen advocacy is when you work with a member of the community who volunteers their time to advocate for local people. Citizen advocates usually work with those who would otherwise find it challenging to speak up for their own rights, views and wishes. Your relationship with a citizen advocate can be long-term.

So why is this important? Many times elected leaders put labels on people who just want the city to be better. They don’t belong to some group that is trying to undermine the government of Sioux Falls, the politicians are already doing a fine job of that themselves. They are just practicing their 1st Amendment Rights of dissenting the government.

So do we have a special interest problem in Sioux Falls? We do. But it has nothing to do with Gladys complaining about loud music at the park, they have specific names like the Sioux Falls Chamber of Commerce, Sanford Hospital, Development Foundation, Housing Association, Retailers Association, etc.

The mayor is calling Gladys a special interest because he is trying to deflect the REAL issue with REAL special interests in our community, like developers giving thousands of dollars to PACS which get funneled to the special candidates (rubber stampers).

So in conclusion, Gladys is a citizen advocate, banking executives and development company owners are special interests. Don’t believe what the Dutch Mafia tells you.

UPDATE: What goes around comes around

by

UPDATE II: PLANNING DEPARTMENT (MAYOR) PROPOSES CHANGES TO HALFWAY HOUSE DEFINITIONS

UPDATE II: I was told that this is just cleanup language and been planned to change for a few months before Kingdom Boundaries even submitted a rezone. I guess we will hear a longer explanation on Thursday night at the Planning Meeting. But it is still a bad way to form policy.

Item 1D.

The timing of these changes are interesting considering the kerfuffle over the Kingdom Boundaries rezone which the council says they will likely defer on Wednesday (Item 46-meeting is a day later this week due to National Night Out). As I understand it, the council may defer the rezone so they can update these changes. What amazes me is that I have been asking for over 2 years that the rec trail ordinance changes to allow E2s and not until the SFPD does a FB post councilor Neitzert took action. It looks like the applicant saw a problem with current statute and without any public informational on the ordinance change they are moving forward, on the consent agenda. This is a very backdoor way of creating public policy. I am not sure how the administration can justify making PUBLIC POLICY changes like this while keeping the very public it affects in the dark on the process.

SANFORD MERGER FAILS

While this may be the big news story going around this weekend;

Although both health systems saw “significant benefits” to the merger that led them to “exhaust all potential pathways,” the merger was ultimately scrapped because of challenges that could not be overcome with “certain Minnesota stakeholders.”

It was no surprise to me. When they first announced the merger negotiations I emailed a local well known journalist and told them it will never happen (even if it was a good thing) because of the last time around. The former AG of Minnesota, Lori Swanson, made a good case the first time and I can guarantee those case files were pulled to assist in killing it this time. As I understand it Fairview may have to be bailed out from the state, but apparently they prefer that over Sanford.

CITY OF SIOUX FALLS HIRES LINCOLN COUNTY’S DEPUTY STATE’S ATTORNEY BILL GOLDEN

This isn’t some big newsflash;

The Lincoln County Commission’s legal counsel has resigned and will continue his public service to the county’s north.

Deputy State’s Attorney Bill Golden has accepted a position with the City of Sioux Falls as an assistant city attorney. He will leave his post in Lincoln County on July 28.

Commissioner Tiffani Landeen added that Golden will be greatly missed, while Commissioner Michael Poppens joked that he hoped Golden would consider staying.

For full disclosure I worked for the Stewart family the same time Mr. Golden did. Bill is married to Kristi ‘Stewart’ Golden, Gordon Stewart’s daughter. Kristi is a former Pressler staffer and not to long ago I think I heard her on KELO AM doing the news.

I have not heard much about the legal talents of Mr. Golden over the years, including when we both worked for the family (sometimes that is good, and sometimes that is very, very, very bad).

We will see what kind of dirty work Mr. Faddle has for his new errand boy.

SIOUX FALLS CITY COUNCILOR ALEX JENSEN GETS APPOINTED TO SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS

Executive Director Olson also reported that a new board member, Alex Jensen, was appointed on Friday and onboarding will ensue.

I find this appointment interesting considering Mr. Jensen only has a few months left in his 1st term on City Council and has not announced if he will run for re-election or run for the legislature (so he can incubate for 2 years and then run for mayor). With this appointment it seems Alex is very confused. The rumor mill says he has resisted announcing for a council re-bid because he is scared Stehly may challenge him, and he may be right.

ARTS COMMISSION PROPOSAL AN ABSOLUTE MESS!

I think the city council needs to kill this until the next mayor rolls in;

The new commission would be charged with, among other things, reviewing works of art acquired by the city and developing the criteria under which they will be placed.

The panel would also set criteria for awarding funding for public projects.

While I support certain aspects of the commission and a full-time director, I don’t trust it under this administration that has an authoritarian slant towards just about everything, including public art. I have suggested besides the commissioners be made up of a broad group of people, that instead of a full-time coordinator, you have a mid-manager from EACH city department serve on an internal arts commission that reports to the volunteer commission monthly. If we really want to promote the arts in Sioux Falls we have to have every city department involved in those actions and not some court jester from the mayor’s office who will likely quit when he is done in 2026.

The Pavilion turned down the ‘opportunity’ to manage the arts for the city, but it seems they have the budget for a NEW full-time position;

Margaret Carmody has been selected as the new Chief Strategy Officer of Washington Pavilion Management Inc.

Carmody previously served as an executive for Raven Industries, where she led organizational culture, marketing, brand, internal and external communications, community and public relations, administrative services and facilities at one time.

She will vacate her role as a member of the Board of Trustees prior to joining the organization as an employee.

The Pavilion is ran by a private management company so they can throw their money at whatever word-game position they want to create, but it reminds of when Doug Morrison ‘retired’ from his banking career while he was serving as School Board President and after leaving the board gets a job created for him by the district. He is in charge of saving the district money 🙂

I am not sure why Carmody is leaving Raven, maybe she saw a better opportunity at the Pavilion, but it seems a little odd that after serving on the board she is offered a new position with the Pavilion. I often tell young professionals in Sioux Falls who are trying to get ahead in their careers it’s ‘who you know, not what you know’ in this town. I have met 30 year olds that are brilliant in Sioux Falls but get passed up for promotions because they are not ass kissers and don’t get fit the ‘look’ and these are white males I am talking about.

Don’t even get me started how you are treated as a female or a minority.

When a friend of mine was starting her career in technical writing she moved BACK to Sioux Falls after receiving top honors and graduating from an Austin, TX university. She sent her resume everywhere and couldn’t even get a call for an interview until she started putting a photo of herself on the resume (she is white). We could never prove it, but we think she was denied interviews because of her name. If you read her first and last name on a resume you would make the stereotypical assumption she is black, as soon as her photo appeared on her resume she started getting interviews and offers.

RECYCLING ISSUES CAN BE RESOLVED AND MANDATED WITH A MUNICIPAL GARBAGE SERVICE

Whenever I read an article like this, I just shake my head and wonder why people are so opposed to municipal garbage service;

About a quarter of all waste going to the Sioux Falls Regional Sanitary Landfill could have been diverted or recycled, the results of a new study found, pointing to a problem that could prove costly.

I often laugh when people make comments like this;

The garbage hauling system in this city is private versus public which keeps costs down and competitive.

I had to adjust myself for a moment there while a monkey exited my butt.

I am for the free market system, which works well in many aspects of the private sector vs. the public sector, but I still don’t know how you think the private system is cheaper? They use more gas, they deteriorate more roads and they have to pay tipping fees. The math isn’t there. You could contract with 2-3 private haulers, give them each a sector of the city, eliminate tipping fees, bill people monthly in their water and sewer bill, and have the city provide the fuel for the trucks.

Heck, the little town of Canton knew this and were going to use the cost savings to build a pool, while I disagree my garbage fees should go towards a pool, it obvious that they saw a cost savings (albeit they were taking that savings away with a pool fee). While many cities have done the system wrong (like Canton was proposing), we have an opportunity to build it from scratch and can learn what NOT to do from other cities.

Is the Sioux Falls City Council having policy discussions in Executive Session?

by

I would really like to know.

Why is this important? City Councilors have executive sessions with legal counsel almost weekly, by state law only certain legal matters are discussed, like pending litigation, current litigation or personnel issues (like potentially demolishing an immigrant’s unfinished mansion or disciplinary action towards a council employee).

Things they cannot discuss is potential policy changes (like creating new ordinances, advocating for consulting or outside assistance, or giving employees bonuses). Basically anything that is an ‘idea’ cannot be discussed because of the quorum.

Now councilors can have offline conversations with each other, and that is perfectly legit, but NOT as a group, those meetings and conversations must be public.

So why am I suspicious this is going on?

A few years back when that rascal Tex Golfing (Rex Rolfing) was on the council (you know the guy that beats the gavel puck like a rented mule) he was having policy discussions about having a car rental fee go towards some capital improvements. When opposition to his idea became aware of his backdoor policy discussions his plan crumbled.

This is an example of why you need to have public policy discussions, while his idea was horrible, what was even worse was he was trying to do it under the guise of pending litigation discussions.

Last week the council had a scheduled executive session, before the session they have to vote in public to go into that session. Forum News Reporter Patrick Lalley witnessed a councilor walk out before the session started telling Lalley that they left because they were not following procedure and they had no idea what the session was about.

But way before this incident several past and current councilors have told me about different policy discussions they have been having or had and I have been puzzled by how I have not heard of any of these proposals in a committee meeting or informational meeting (this is where policy is supposed to be discussed). I just assumed councilors were having offline convos with individuals but it seemed odd to me that after hearing about the proposals first hand all of a sudden they are on the agenda. These kind of discussions about in depth ordinances HAVE to be done with a quorum to be successful, playing phone tag won’t cut it, so obviously they are having these discussions somewhere, just not in the public eye.

Like I said, I would really like to know if the council is having policy discussions in executive session, because if they are, that’s a BIG NO NO and at least four of them should know better and the other four should have the common sense to distinguish between actual litigation and policy discussion.

The next time an executive session is called and policy is brought up I encourage the entire council to adjourn and walk out.

“Keep your fears to yourself, but share your courage with others.” Robert Louis Stevenson