May 2014

The SF Planning Commission, negligent once again

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Clean water? Why should we care about that?

Once again the Planning Commission fails to do their due diligence at the meeting last night (FF to Item #5). Maybe I am wrong, but isn’t the job of the commission to analyze the Planning Department’s evaluation and recommendation, ask questions and be a checks and balance of the department?

They were re-zoning a plot from C-4 to Light Industrial because the property owner wanted to build (some kind) of manufacturing facility, which is well within in their rights, they also do not have to disclose what kind of operation it is, according to the NEW Shape Places ordinance. But they were clear, it was manufacturing.

The adjacent property owner wanted a deferral so that a water study could be done since he has drinking water wells, and according to him, the study required by Federal Law before a re-zone or such a plant can be built.

Two commissioners questioned the requirement and voted against the re-zoning. Gaspar and Dunlap. Dunlap even tried to get a vote on deferral so the study could be done and was shot down. Miss ‘Always right, just ask me’ Jesse Schmidt proclaimed that with Shape Places, the property owner can build whatever they want to after the re-zone. Well, gee Jesse, wouldn’t this have been your opportunity to make sure laws were followed by the Planning Department BEFORE you approved the Re-Zone? It’s just a simple water study, not a Walmart storming in. Apparently, Jesse doesn’t seem to be to concerned about clean drinking water, and she sits on the Planning Commission. Pretty scary.

So it moves on to the City Council, hopefully some of them understand the importance of clean drinking water and shove this rezone down the toilet.

Upcoming Concerts in Sioux Falls

The Rock Garden Tour presents Centro-Matic with special guests Jami Lynn and Burlap Wolf King

Tuesday, June 10th @ Icon Lounge

Tickets are on sale now, click here

Centro-Matic, from Denton/TX, is one of the best bands in America still flying under the radar. You can hear more of their music here: iTunes or Amazon or Spotify or YouTube

My promo partner The Rock Garden Tour  is South Dakota’s #1 local radio show, appearing on South Dakota Public Broadcasting (both radio & TV). Listen here & subscribe to their podcasts here

Jami Lynn hails from Rapid City and is one of South Dakota’s most talented singer/songwriters. You can hear her music here: iTunes or YouTube

Burlap Wolf King, based in Sioux Falls, is also one of South Dakota’s most gifted songwriters. You can hear his music here: Bandcamp and YouTube

 

Jason Isbell & The 400 Unit with Communist Daughter

Tuesday, July 29th @ the Orpheum Theater

Tickets are scheduled to go on sale at 10 am this Friday, May 9th via Ticketmaster.com, the Sioux Falls Arena box office or any Lewis Drugstore or here. http://www.ticketmaster.com/event/06004CA617AF6132

Jason Isbell is (in my biased opinion) the greatest songwriter in America. He and his band The 400 Unit have been touring the world on the success of their latest album “Southeastern,” making multiple appearances on The Late Show with David Letterman and selling out huge venues across the country. Here’s a great profile on Isbell in the New York Times Magazine. You can hear their music here: iTunes and more at iTunes; Amazon or Spotify or YouTube

Communist Daughter hail from Minneapolis and are a band on the rise nationally. You can hear their music here: iTunes or Amazon or Spotify or YouTube

Tell us how you really feel Councilor Erpenbach

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Councilor Erpenbach recently had this reply to a citizen’s email asking about the polling evidence that people want the indoor pool at Spellerberg;

Thanks, —–. I appreciate your input but I seriously disagree with your analysis.            

Three separate polls (including the April 8 election) indicate people in Sioux Falls overwhelmingly support an indoor aquatics facility at the Spellerberg location. Those votes include amazing numbers from all of the precincts that touch Spellerberg Park. Your neighbors want this.            

And I disagree that no other locations were studied. Many sites were studied extensively. Frankly, if we need to expand our indoor aquatics program, future leaders won’t be adding to Spellerberg, they will be building another site.            

The people have spoken. Let’s please move on.

More indoor pools?! We can’t even afford the one, and she is planning on building more?! The indoor pool will only be used to capacity during swim meets and on the weekends.

UPDATED: Borrowing money for Levees to build a ‘debt free’ indoor pool

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Maybe we could use Levee fine monies to pay for the indoor pool? (Image: KSFY)

Understanding the city budget isn’t easy, and definitely not my forte, but understanding the city budget under the leadership of a subprime credit card salesman is even harder. Huether is good at playing the marketing game of deceptive language when he wants to spend our (borrowed) money. Just look at the Events Center, he is constantly telling us it will be built under budget (without mentioning most of the utility hookup and parking lot improvements are coming from the CIP and enterprise funds NOT from the EC bonds). This is ‘how’ you build an Events Center, ‘under budget’.

He is pulling a similar word game with the indoor pool, last night at the city council meeting his finance director, Tracy Turbak, took center stage and told us this about the indoor pool funding;

“. . . without the use of any further debt.”

What Tracy didn’t tell us is that they are currently using the Levee debt to pay for the indoor pool. Confused yet? I will explain. A few years back when King Dave was running our little village on the Big Poo, FEMA came in and said that a whole lot of people (retailers) were in the flood plain by the Mall, and they would need flood insurance if we didn’t raise the levees. Okay, no problem, that’s the job of the CORPS, right? Yup, but they were not going to give us the money, yet, so we took out a bond to pay for the levees, in hopes the Feds would pay us back, eventually. Well imagine my surprise when the Fed’s sent us a check for the levee work last year. Great. What would a logical and prudent city government do with a repayment for a bond debt? Pay back the bond? Not so fast says Turbak, we cannot pay back the bond in full until 2018(?). Okay, well why don’t we do one of two things then, either put the money in a savings account until the repayment date, or spend the money on similar infrastructure projects, like drainage, or sewer or even roads?

Then comes Mr. Money burning a hole in his pocket, Mike ‘Rack up the Debt’ Huether. He decides that we can now build an indoor pool with the levee debt that we have incurred. Who on the council would have thought the night they approved the levee bond they would take the repayment to build an indoor pool?

Now that’s real ‘vision’.

The moral of the story? Turbak and the administration are half-lying when they say there will be NO debt associated with building an indoor pool. We eventually will have to pay off the levee debt. I wonder how the swim teams and parks & rec department plan to pay off that debt? It might become suddenly very expensive to swim at an indoor public pool, but hey, we all have to sacrifice something to keep our town safe from floods and childhood obesity/diabetes.

Now I’m confused.

But the funding isn’t the only issue with this grand scheme, Tracy and Mike have some partners in crime, literally.

The city clerk and city attorney have also chimed in with their assessments of the latest pool petition;

“They would need approximately 5,200 valid signatures. So that will require in the range of 7,000 to 7,500 signatures for us to take a look and go through and verify,” said Hogstad.

Lori says 7,000 to 7,500 signers needed. Already planning a 20% petition signature rejection?

David Pfeifle, Sioux Falls city attorney, says the group would have to get the required signatures within the next month to impact the pool’s progress.

Impact the pool’s progress? I wonder what secret rule book he is reading from? Seems the dog ate Fiddle-Faddle’s homework quite a bit in law school. The city could issue contracts, who cares. The city could start all the maneuvers to start the project and it all comes to a stop upon submission and certification of petitions.

The pool construction could be stopped even at the site preparation, foundations or at any stage once the completed petitions are filed. It does not matter what the city does. They could even tear apart the current pool. Does this concern you?

This is an Initiative. The group is proposing something. No formal city council votes have been taken prior to the filing, so the 180 day rule is in force. Upon submission, the signatures less than or equal to 180 days are valid for counting toward the goal.

If they had started the petition process after next week’s official vote, it becomes a Referral and the 20 day signature collection rule is in force.

The indoor pool advocates, the city officials, VA and the “anywhere but Spellerberg” folks need to hammer out a solution before the city is in big time legal butt hurt. Imagine issuing contracts with an indoor pool architect or contractor and the company starts work only to be stopped because the petition drive is successful. Can you imagine the court costs the city will face when this hits the fan? They are going to need more than a therapy pool to fix what ails them.

This could easily be dealt with. Subprime Mike could bring the sides together and use the new petition as blueprint for the indoor pool project. Or he could choose to not work with them, like he did with SON, (which will be tied up in court until Walmart submits) and watch the city scramble to move the pool, approve new funding, locate to a different site just because the indoor proponents didn’t do anything more than coerce their friends in the parks department or on the council.

One thing is for sure, the petition gatherers are well known for getting the signatures they need. Why doesn’t the mayor and the city administration understand this?  Once again it is the city government screwing up and spreading ‘SMOKE’. Real leaders would bring everyone together and find a workable compromise. What is MMM afraid of?

Let’s get an indoor pool built that the voters have already told us they want. But let’s do it by abiding by the petition/election laws, partnering with private entities so we don’t have to take money from a debt repayment fund and by working with all parties.

But see, that isn’t the way bullies operate.

UPDATE (another theory sent to me by a reader):

Consider Tracy Turbak has tried to go get bonding for the indoor pool. Could it be the city could not get bonding for the pool?

Now imagine this, Tracy went to get bonds and because of the Quit Claim deed or other ownership issues, the city’s bonding plans had been rejected.

What if bonding agencies, firms or individuals performing due diligence asked what guarantees are in place if the VA seized the property?

Now two days after the election, Tracy has a miracle funding source of unobligated refund cash because he could not get it anywhere else?

The cash has been burning a hole in the mayor’s back pocket and many of us expected something unusual after the voting but…

 

The mysterious ‘missing’ open container

First I ask you to watch this VIDEO before reading my post (it drags a little at the beginning)
VIDEO Poster’s statement;
Ryan Bultena
IMPORTANT!!! PLEASE WATCH!!!
I was the passenger in a vehicle tonight that was stopped for no reason, when asked why we were stopped the state troopers, Sioux Falls police, and K-9 units had no reasonable response… I was only the passenger and yes I had a few drinks but I am legal to ride in a car after drinking. They would not answer my questions and said there was an open container which I was sited for that was never there. They also illegally detained me from using a public restroom after I asked if I was under arrest. One officer says he found a open container while the other officer next to him (looking nervous) says no there was no open container… They are very confused and called 7 units to this call for 2 people In 1 car. The drug unit as well as Sioux Falls pd and state troopers arrived. The end result after the whole situation was I was charged with open container even after the officer in the video says there was no open container. The point of this video is for everyone to share it and stand up and fight for your legal rights as a citizen! If we do nothing then your part of the problem not the solution.
Obviously, the person filming doesn’t start video taping until a little late in the detainment, and, as he points out in his video post, he was drinking, and from the slurring of his speech, I’m sure he is over the legal limit (I guess I would have to be drunk to if I was riding in a Monte Carlo). That being said, there are TWO things that concern me. First off, he received a citation for an open container, but there is NO evidence of an open container (only the driver telling the Trooper that he ‘had’ an open container, I’m sure to take the heat off of her). Maybe it had already been brought to the Trooper’s car, but I do know it is common practice to put an open container on top of the offender’s car so the Patrol Car can video tape it. There is also a discussion about ‘spilt beer’. As I understand it, doesn’t matter if there is spilt fluids in the car, as long as there is NO evidence of a container that spilt it. But the most troubling part is the disagreement between the Trooper and SFPO. Notice the officer standing there tells the guy that there was NO open container. So why doesn’t the officer go speak with the Trooper about the ‘lack of evidence’ and to show proof of the violation.
After sending in two PO’s, a K-9 Unit and a State Trooper one wonders if these officers were just doing a little fishing instead of serving and protecting.
If I was the guy who got the violation, I would definitely talk to a judge about it.
*This appears to have occurred at the Get N’ Go at 14th and Minnesota