Sioux Falls

Appeal of Neitzert’s Ethics Hearing in Circuit Court gets thrown out

Remember this Delightful Hearing?

And the obvious and awful bias the chair of the meeting, Mayor TenHaken, had towards Greg and Greg’s detractors. Paul routinely cut off John, Janet and Pat while letting Greg’s 5 best friends make statements and cut off answers from John before he could finish. His performance that night should be a clear ethics violation.

Basically the judge threw out the petitioner’s complaint with a summary judgement saying he had plenty of opportunity to present evidence throughout the hearing (I wonder if she even watched the hearing?)

While the city council member against whom a complaint has been filed may be represented by their own attorney, may call witnesses and may present evidence, there is no requirement that the complainant has the same rights. Instead, the Ordinance requires the city council to “receive evidence” from the person making the ethics complaint. The record is clear that the council “received evidence” from the Petitioner. Petitioner had a right to participate in the process as set forth in the Ordinance. He did not have a right to dictate the procedure contrary to the Ordinance.

In other words the judge is saying that the city council has the right to act as a Kangaroo Kourt, as they do every Tuesday evening 🙂

Read the judgement HERE.

I also liked this under the profile of the (private) attorney representing the city on the issue;

Melissa successfully defended her clients in the following reported matters: 

• McDowell v. Sapienza and the City of Sioux Falls, 2018 SD 1, — N.W.2d —

If you fight city hall, good luck getting any legal or judicial deference in this town.

Did The Sioux Falls Chamber & Experience Sioux Falls (CVB) agree to split?

Not sure. While rumors are going around that a decision to split was made very recently, nobody has said a word publicly, but the Sioux Falls City Council got an update about the possible decision at the 4 PM informational today in which a presentation involving the Falls Park Visitor Center Management Agreement was discussed and these changes;

9 month Term: January 1, 2022 – September 30, 2022
• Discussions are on-going between the Chamber and Experience Sioux Falls regarding potential
separate legal status for Experience Sioux Falls.

• 9/30/21 coincides with the end of the Chambers fiscal year.
• 60 day termination clause exercisable by City, which allows for transition of agreement once an
effective date of separate legal status is determined.

This was first presented at the Parks Board Meeting on November 17, but it was also very sketchy as to what was going on. They called it ‘legal status’ changes between the Chamber and CVB and are having ongoing discussions. Terri Schmidt, head of ESF (CVB) did say;

“ESF becoming independent from the Chamber, that process is really moving along now, and tomorrow there is a major meeting where we are expecting to probably either seal the deal, or being really close to sealing the deal. I don’t know if anyone on the outside will really know the difference, it will be more of back house of becoming independent.”

While NOTHING was said by the presenter at the informational about why this is occurring, the council, who must certainly know, has also chosen to keep this quiet or at least not filling in the blanks. Council Chair Curt Soehl even bragged about keeping it quiet and secretive by saying this at the end of the meeting;

“Thank all those involved for keeping their eye on the ball and realizing there is a lot of external noise going on at this time, for all of this, and to protect the city from everything they do.”

I find it interesting that the council is being publicly noticed about contract changes but during the presentation the public cannot be filled in on the details of a possible split. The hatred towards transparency in this city is even more troubling especially when the chair of the council brags about the secrecy. WOW! Surprised he didn’t just take a potty break during the presentation 🙁

It seems the head of ESF is the only one to at least give an inkling this was going to happen. So was a deal struck last Thursday? We may never know because of all the ‘External Noise.’

I also have a feeling if this was a simple matter of ‘back house’ deals and ‘legal status’ it wouldn’t be that controversial to release that information to the public, especially since it involves our tax dollars. I have a feeling this was a lot messier than they are putting on and they are hiding the sausage making from the citizens.

Billion dollar permit record in Sioux Falls happened by pouring gasoline on a fire and massive property tax increases

https://www.youtube.com/watch?v=65v1RG1-XEY

As I have been saying for years, we are breaking these records by ignoring affordable housing, handing out millions in tax rebates and TIFs and including publicly funded projects while raising property taxes a record amount.

If you read the article you see that two large chunks of permitting were projects that received millions in TIF money and another large chunk was public projects like the water treatment plant and the public safety center.

I have often argued that permits should be separated into PUBLIC PROJECTS and COMMERCIAL PROJECTS.

Private Commercial projects build economic growth, but when they are propped up by massive tax rebates it’s just putting gasoline on the fire. As for Public Projects, those are funded by the taxpayers as investments in infrastructure and should NOT be considered towards the permitting financials as part of economic growth. Sure, we have to build these facilities because of growth, but it also means our taxes are going up to do so while handing out tax breaks to the very developers fueling the uncontrollable growth. It is counter productive and simply growth for growth sakes instead measured, calculated slower growth.

I would love to see the city stop giving TIFs for Korean owned egg roll factories and parking ramps and start applying them to neighborhoods. Or better yet abolish TIFs all together and simply invest tax dollars in neighborhoods by encouraging the construction of more affordable housing through other tax incentives. Instead recently the city code enforcers bombarded neighborhoods in the central district with pink spray paint and violation notices for city owned sidewalks. What a great way to prop up our central neighborhoods by fining citizens to fix city owned property (more on this story in the near future).

Recently CountCilor Alex ‘Expert Economist’ Jensen suggested on CityLink that the way to solve our workforce and housing issues is by inviting people to work in Sioux Falls but to live in towns around us like Tea, Hartford, Dell Rapids, etc. Yeah, that’s an awesome way to build a solid tax base 🙁 and this guy works at a bank!

I would also like to see separating commercial and public permits. They don’t represent the same thing and shouldn’t be held up together. It’s like saying you are the championship BBQ’r in your own backyard and buying yourself a trophy. The city saying they broke records by including infrastructure projects they approved and we are paying for through higher taxes is putting the thumb on the scale.

Don’t get me wrong, economic development is good, but let’s be honest about the numbers and where the money is coming from (mostly taxpayers) and let’s start investing in neighborhoods, local businesses and people – then you will see true economic development we can be proud of because you can’t live in a parking ramp, police firing range or an egg roll.

Open Meetings Violation filed against the City of Sioux Falls today

You can read the full complaint HERE.

The complaint was filed at the Minnehaha County State’s Attorney office and the State AG’s office because there may be a conflict of interest. Once a report is filed it could move onto the Open Meetings Commission for consideration.

It has to do with not allowing public input on items that were pulled from the consent agenda in Tuesday night’s city council meeting that was riddled with many issues, including possible conflicts on items, a mysterious potty break and failure to notice an amendment 24 hours in advance on the garbage hauler notice.

The Chair of the Meeting, Mayor TenHaken, the City Attorney, Stacy Kooistra, City Clerk & Parlimentarian, Tom Greco and City Council Chair Curt Soehl are all mentioned in the complaint for failing to call for public input during the meeting.

As I mentioned to the Charter Revision Commission a couple of weeks ago, we have many issues with public input in this city that needs to be fixed but they accused me of ‘micro managing’ the meetings. Well it seems someone needs to manage these meetings, because our supposed leaders are not doing a very good job of it.

Sioux Falls City Councilor Kiley’s Tuesday Night Shananigans & Scammery

Besides the potential Open Meetings violations at last Tuesday night’s City Council meeting, it seems Kiley was participating in some very strange behavior.

If a City Councilor has a conflict of interest with an item, they must recuse themselves and go in the back room. They must do this AT THE ANNOUNCEMENT of the item and not return until after the final vote. They can’t sit there and listen and then leave before the vote. They must ALSO tell us why they are leaving. Kiley didn’t do that.

My assumption was it was done to save the mayor from having to have a tie vote on Neitzert’s Amendment that Kiley saw in advance*.

Watch how this plays out on Item #40, resolution on development.

(FF 21:20) Kiley doesn’t leave at the beginning, and Erickson whispers something into his ear.

(FF 1:06) Kiley is still sitting on the dais and leans into Erickson and says something as Neitzert discusses his amendment. Between 1:06 and 1:10 he leaves the dais and goes into backroom before the Amendment vote of 4-3 saving the Mayor from breaking a tie. Kiley doesn’t return until after final motion vote and the announcement of the next item.

So Ricky Lee, seems like an interesting time to take a potty break? Talk about blatant corruption and scammery.

But that wasn’t the only time Ricky was up to his little bag of tricks with the help of his magician assistant Heels. *(FF: 2:38) While Neitzert gave an advance notice (several days) of his Garbage Hauler amendment, Ricky did not. It has been ruled in the past by the city attorney that councilors should give a 24 hour advance notice, they have called councilor Starr out on it. So Pat asked Ricky Lee about it and said he could do it because Pat did it in the past to which Pat responded sarcastically, “Yeah, I’d be happy to take credit for it.”