Sioux Falls

If the city is swimming in money, why do we keep raising fees, rates and taxes?

l3wis June 19, 2009 6Comments

It seems the city wants their cake and eat it too. They want large reserves, unneeded infrastructure projects, and they want to raise our taxes;

For one, the audit shows that Sioux Falls has more cash on hand and more assets than the average of 10 other cities in the region.

Then why are they constantly gunning for more increases? More, More, More, that’s why.

Plus, Sioux Falls’ long-term per capita debt is lower than those other cities’ and still below the threshold that’s considered to be high.

Nevermind it doubled between 2006-2007, I guess that isn’t important. It mostly doubled because we took out a loan for a water pipeline that we ‘might’ have by 2012. That’s right kiddies, we are paying interest on something we don’t have or know when we will get it.  It would be like taking out an equity loan to get your roof fixed and after you paid the contractor he tells you he will be back in 3 years to do the repairs.

These are all welcomed signs indicating that Sioux Falls is making good decisions about its reserve-fund levels and long-term debt.

Doubling our debt to pay for something we don’t have is hardly a ‘good decision’. I have said all along, we should of signed a contract with Lewis and Clark telling them we will pay them IN FULL when the water starts to flow. And instead of paying interest on a loan while we are waiting for the water, we could be setting money aside for the project letting it gain interest in an account. But that would make sense? Wouldn’t it?

The topics of saving and spending have been particularly heated at times in recent years as residents and city officials debated whether to fund certain projects – and if so, then when.

There has never been anything ‘heated’ about it. Citizens tell the city they are spending too much money, they ignore them and cower to the special interests.

In addition, City Councilor Kermit Staggers is correct to point out that the internal audit didn’t include a review of the city’s capital budget, which tells the rest of the story about Sioux Falls’ financial health.

Yeah, when is that audit coming out? Never?

Of course, the internal audit doesn’t mean that tough public debate ever should disappear. And it certainly isn’t a license for city officials to begin spending out of control.

Too late, they have been doing that for the past 6 years.

The only thing 'asinine' is how the city enforces code violations

l3wis June 17, 2009 6Comments

City Attorney, Shawn Tornow, puts the ‘ASS’ in ‘ASININE’.

Dan Daily FINALLY got his day in court after spending thousands of dollars of his own money and the city probably spending well over $100,000 to fight a $300 dollar violation;

In a daylong hearing, Dan Daily’s lawyer tried to paint a picture of the city’s record-keeping on code violations as haphazard and its enforcement as selective.

It has taken Dan several years to get to this point because the city attorney, Tornow and the court have been in cahoots to keep delaying the trial in hopes Dan would give up or run out of money.

Assistant City Attorney R. Shawn Tornow, in his questioning of witnesses, countered that Daily was given adequate notice that a driveway extension on his property violated city zoning ordinances, and the four citations he eventually was issued were meant to get Daily to comply.

And that’s the sticking point. The code violations they cited to Dan, have NOTHING to do with the driveway extention. It would be like running a red light and a cop giving you a ticket for speeding.

The idea that Daily and his lawyer were provided an incomplete file for the trial is “asinine,” Tornow said.

Interesting language. Are we getting a little frustrated, Shawn, because someone is challenging your Kangaroo Kourt – As Dan’s lawyer points out;

Daily’s lawyer, Charles Dorothy, questioned witnesses Tuesday about how the city assembles its code enforcement and appeals files from various agencies. Dorothy questioned why witnesses did not keep documents related to citations or the appeals process and other hearings.

In the shredder, that’s how the city ‘FILES’ stuff they want no one to see. Kind of like my Visual Arts Commission application, that ‘mysteriously’ disappeared on my first attempt.

Summer of Sam on dvd

Bringing Up Bobby divx

The code enforcement process has been scrutinized for a lackluster collection system and criticized by some as difficult and confusing. If Daily wins, the controversial administrative rules could be declared unconstitutional under both state and U.S. constitutions, and the process would have to undergo substantial changes.

They are Unconstitutional because they deny due process, just like the red light cameras.

Daily maintains that the process in Sioux Falls deprives residents of basic rights because they are not allowed to subpoena witnesses; the burden of proof is on those who appeal a ruling; and there are no formal rules of evidence.

At one point during the hearing, Dorothy asked city code enforcement officer Brad Hartmann why he did not cite the other 10 homes on Daily’s block that had similar driveway extensions.

Hartmann said he had received a complaint about Daily’s property, and he indeed had cited a neighbor for a driveway extension. Hartmann also said he was not aware which, if any, of the other properties had obtained variances or were in the process of trying to get them.

Like I have been saying all along ‘selective’ code enforcement by the city is unacceptable. Like I have said in the past, if you are truly not following code the city should be able to enforce it. But they cannot tell a property owner what they can and cannot do because they ‘think’ you might be doing something wrong. That is not the purpose of code.

Something interesting to point out is that Dan received this violation shortly after he wrote a letter to the editor being critical of the city’s red light cameras. Coincidence? Also, officer Hartmann got his job with the city after ‘leaving’ the Highway Patrol. Hartmann was one of the investigators of the Janklow / Scott accident. Dan’s lawyer has attempted to get information on whether Hartmann quit from the Hi-Po or was dismissed. Hopefully it will come out in the trial. I guess he left the department shortly after the investigation . . . interesting thought for us conspiracy theorists.

Hopefully Dan will come on here today and give us more deets about the hearing.