While I cold certainly go on several rants about how our president and governor are handling this situation by not being proactive, even now with the data they have, I have to admit my disapointment in our mayor.

The mayor does have the power to shut down businesses that are encouraging the spread of the virus, as Cory has pointed out in our charter;

§ 92.070 PROHIBITED.

No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance within the city.

§ 92.071 ILLUSTRATIVE ENUMERATION.

Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, orendangers the health, comfort, or safety of others… are, each and all of them, hereby declared to constitute nuisances….

§ 92.074 ABATEMENT BY CITY; COSTS LEVIED AGAINST PREMISES.

When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in § 92.072. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. The city health officer may shorten the timeframe for removal or correction if the health officer determines the nuisance item(s) presents a significant risk to the public health if not removed or corrected in less than 14 days. If the city health officer determines a shortened timeframe is appropriate in a particular case, the shortened timeframe shall be set forth in the notice. Any additional nuisance conditions not previously observed, or that may have been added to the property after the city’s inspection(s), must also be removed or corrected within the timeframe specified in the notice of violation.If at the end of the 14 days, or less as set forth in the notice, the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five equal annual installments as the city council may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments [emphasis added; Sioux Falls City Code, retrieved 2020.03.22].

Who does the City’s Health Officer, Jill Fraken, report to? Mayor Paul TenHaken. Paul could easily ask Jill to shut down the businesses for violating code. He has this authority without the consent of the health board or the city council. An appointed city employee or an appointed volunteer city board cannot do these things on their own.

Further more in the charter, the mayor has the authority to manage the city, NOT the city council or appointed boards or employees. The charter grants him this awesome power and authority.

Don’t let Paul fool you by telling you he has to leave it up to a volunteer board, city employees or the city council. HE CAN DO IT!

So why doesn’t he? It’s really a simple answer, he doesn’t want to take the heat from businesses that will lose their shirts in this crisis. I can almost guarantee that 30% or more of small hospitality related businesses will go out of business after this (if they haven’t already). How easy will it be for PTH to wash his hands of this decision when he can point his finger at city employees, volunteer boards and the eight member, part-time city council.

Guess what Paul, it isn’t your fault either, it’s the fault of an invisible virus that got out of control. But you can do the right thing and help prevent it from causing more damage. Economies will come and go, life cannot be replaced so easily.

Paul, it is your job to handle emergency situations and crisis in this city, the council’s job is to make sure the laws and ordinances are in place to back up those decisions and the funds in place to fight this and recover. I advise you to make this decision by Tuesday morning before any meetings take place and stop this insanity. The directive is clearly in your hands.

This was an email Mike sent to City Council and gave me permission to post;

Good Morning,

After attending the 3/3/2020 City Council Session the other night listening to many interesting debates, I want to discuss a few issues that I feel are important here.

The definition of the word Surplus is where you have excess monies available at the end of a fiscal season after all expenses have been paid out for the year.

My definition of a surplus is one of which the people spent a lot of money for the year, and ‘we’ over paid our taxes. This is the proper way to think of a surplus, not to mention, build a case that this would prove that the citizens are overly taxed, and that we could very easily afford to cut the tax rates.

Lets remember here shall we, “I” like many people, only consented to give up a portion of our sovereign property rights to the “City” in order to pool our assets as one to provide us the basic necessary services to each other. Therefore we agreed to fund Basic Government @ 1% Sales Tax in order to pay for…

– Roads/Streets, and the basic maintenance and repairs needed to maintain them thru out the year.

– Public Parks, where we the people have donated, or ceded some of our land to the city in order to provide each other cheap, fun, family activities thru out the township.

– Police Department, we agreed to fund a local police force in order to protect our properties, keeping us safe from bad men and women whom may attempt to harm us.

– Local Fire Department, in order to provide us Fire, Rescue, and Emergency Safety in order keep us safe thus protecting each other and our properties.

– Public Utilities (water, sewer, lights, electricity) in order to pool our infrastructure to help provide the basic most cheapest service possible as a community.

– Public Parking, helping to provide enough sufficient space thru out the town giving us cheap, well maintained parking spaces for FREE or at Discounted User Rates to go about our daily activities as a community of conducting business.

– Public Transportation in order to provide ourselves as a community the most cheapest service possible helping to provide us a way to commute to work, school, or to do daily activities as a community.

– Basic Government Administration in order to help manage, plan, and provide those basic services to the people.

That is all ‘we’ the people have consented to, and these costs should be as cheap and affordable as possible as to NOT over tax the people.

Now, we have placed in our ordinances the ability to raise in the short term of 2 years, the ability to borrow from the people money to invest in Land, Buildings, Infrastructure, New Roads, in order to expand the city, make our daily lives better, let alone improve upon our city. This is in fact the true purpose of our 2nd Penny Sales Tax. And this should be a temporary tax that should be used for 2 year periods, in order to NOT to place a burden on future generations. We simply give the City the ability to extend that tax up to 5 years. But as we ‘vote’ every 2 years to change our councils, the mayor, those Capital Plans change with those elections.

Thus – the 2nd Penny Tax in my opinion is a temporary tax, and should be allowed to expire when ‘we’ have raised the appropriate funds to pay for the land, new roads, new buildings, new infrastructure, etc.

The true measure of what it costs our city is the allocated expenses paid for by the 1st Penny Sales Tax. That is it.

This was the point I believe Pat Starr was attempting to make at the 3/3/2020 Council Session about the Property Tax issue. IF our Sales Tax is consistently creating huge surpluses year in and year out, and our population keeps growing every year by 3,500 people – that is an automatic $2,500,000 in new sales tax revenue every year, couple that with the Mayor restricting funds, re-financing the Bonds, the interest income that comes in from stocks, bonds, and capital, “WE” should be able to stop pulling from the Property Tax that the statutes allow us to take each year. Why do we keep keep taking more from Property Taxes, when we really do not need them.

This current ‘council’ and city administration currently believe that those property tax dollars are ours for the taking, no they are not. And there is NO mandate that we must use them. The statutes simply say, if we do not take them this year, we lose them. That is fine in my book. If we truly do NOT need them to balance our city budget, why not allow the STATE LEGISLATORS re-apportion those funds back to the people directly back to the School Districts, our Seniors, our Homeless population, our Low Income Citizens, our Children’s Lunch Programs, etc. This was the point Pat Starr was making. And I agree with him on that subject manner.

Now – I was hoping that Pat Starr and Greg Neitzert would have extended that little tax debate longer Tuesday night. They are two of the most respected city councilors, Greg and his analytic skills, and Pat with his common sense and due process. This is the DEBATE ‘we’ need to have as a community, and this is the discussion that we must force. I dont want anyone to argue, or fight. No. That is not the point, but those two are probally the best at leading this debate. Not to mention, its my most favorite topic mind you. I call for a respectful discussion in order to address this growing concern of mine –> To Much Revenue leads to an out of Control Government, and that leads to higher tax rates, more expenses, more ‘wants’.

We can very effectively cut our sales tax rates, and take less and less from property tax dollars, thus rewarding the people for their good work of Saving, Investing in our City, to spending lots of money, while helping to promote the city attracting foreigners, tourists, visitors to attend our public events, concerts, and attractions. That helps produce even more sales tax revenue.

Then there is the other Misc-Excise taxes, Imposts, and Duties that fund the Enterprise Funds, Programs, and Services offered by the city that raise their own revenues totally separate from sales and property taxes. They are self sufficient and create huge profits, which then provide us the capital needed to sustain them, invest in them, manage them. Again –> allows us to cut the Direct Taxes we call sales tax and property tax, which hurt the most vulnerable in our community.

Our effective sales tax rate is 1% – it then becomes a matter of how much ‘we’ need to borrow in the short term from the people for new roads, purchase land, new infrastructure, build new buildings, etc. Thus we create cost estimates to put forth a 2 year plan raise tax dollars from the people. That is what the Second Penny is for. And we allow the government to ‘tax’ us for up to 5 years. After we raise the necessary funds, this ‘tax’ should be allowed to expire. Until the next time ‘we’ need to raise funds in the short term.

Folks, this CITY can survive on $70,000,000 in Basic Sales Tax Funds; it can survive on the $200,000,000 it raises in Misc-Excises, Imposts, and Duties we collect to fund the activities and services of the city. We do not need to keep borrowing from bond holders, if we simply DO NOT over tax the people. We should be allowing the “citizens” to pay less in sales tax, which then allows them to invest in their own properties, spend a little extra cash, and perhaps save their money for tomorrow. “They” the citizens then become more vested in our community. Our revenue will rise in due time.

I will continue to hammer at this, lobby to lower our sales tax rate in the spirit of trying to save the citizens money. Thus rewarding them for a job well done.

In the end – we must stop over taxing people, we do NOT need anything so bad that it cannot wait 5 years until we can raise the necessary funds thru the 2nd penny. We need to be responsible, prudent, and manage our tax dollars better. We can and will lower these rates soon enough. It is just a matter of time.

I strongly encourage some thought on an ordinance that would mandate that the 2nd Penny expire every five (5) years; for no less than a term of two (2) years; placing the expiration on the same two year election cycle. This means that during a councilor’s 8 years (should anyone serve 2 terms); they would have to deal with less revenue for 2 of those 8 years in office. Not only does this help the citizens, I believe it encourages public debate, more discussion on goals, agenda, future wants and needs, thus slowing down the process of pushing items thru from 1st and 2nd Hearings. There have been a few items discussed where I felt we could have followed thru and deferred them a couple weeks. Public discussion is what we need to strive for. I do not believe this hurts the city one bit, the goal is to enforce, mandate, and encourage more public discussion on our future needs. 

Our current tax revenue consists of:

  • $126-130,000,000 million worth of Sales/Use Tax
  • $65,000,000 worth of Property Tax dollars (optional)
  • $200,000,000 estimated/projected Misc-Excises, Imposts, and Duties
  • $100,000,000 in Bonds, Federal and State Loans, Grants, Budget Restraints, Bond Refinancing

    Saving the Citizens $60-70,000,000 per year for a term of 2 years should NOT harm the City at anytime. This is a City that has a net position of nearly $2,000,000,000 billion dollars after all expenses, liabilities, debts, and future obligations are paid in full. That equates to writing each ‘resident’ a check in the amount of $10,000 dollars if we were to shutdown the city. That is a lot of money. Government should not create surpluses – that means the people are overly taxed. 

Please, lets encourage this respectful discussion, lets fix our spending problem, our debt problem, lets be good stewards of the community. We owe it to our ancestors, and to our future generations.

*DaCola Note; While I disagree with Mike on several city issues, I think he nailed it in this post. It is getting more and more expensive to live in Sioux Falls, and the main reason is we are extremely overtaxed. I agree that the 2nd Penny should be reviewed every 5 years and adjusted. I also think property taxes should decrease instead of increasing each year.

Guest Post Bruce Danielson

The recent story (Land ownership question hovers over $185 million Sioux Falls redevelopment plan) of Seney Island tripped a few issues long ago buried in the back of my mind. I have no dog in the show being presented in the Sioux Steel – Seney Island project, but I feel the history of the project needs to include a proper land title search being performed and then presented.

SEE ALL MAPS HERE.

Also, the interesting bit of data in the article claims 160 acres being granted but the original 1859 clearly shows the town lot company survey had the planned layout and 1865 – 1869 maps show the Fort Sod fortification lines of the new settlement. From my research of many years ago, there would not have been a granting of homestead rights in the 1860’s to land already committed to being a townsite.

The enclosed image of the original survey 1859 map of Sioux Falls, shows Seney Island and the village platting. These discrepancies have bugged me to the point where I matched the 1859 images over a current Google Earth image of Sioux Falls. Though not perfect, it does show the relationship of the Island and most of the Sioux Steel property being on Seney Island.

The 1881 drawing shows the relationship of Seney Island to the coffer dam rerouting the water for the mill.

For over 40 years I have heard from old-timers and read stories of how the west channel or oxbow of the Sioux River was used as the original community landfill until it closed it to navigation. The main channel of the Sioux had to be changed to allow for the dam to produce enough water for the mill and power plant.

The 1900 photo of the west channel shown in your story, was the result efforts to fill in the river channel. The old-timers I knew, used to tell stories of the smells coming from the rotting debris leeching to the surface until it was finally covered over. As the property is now being readied for a new purpose, opening up the land could bring back the environmental issues long ago covered up.

While I don’t agree with all of Rick’s points, he asks some very good questions;

Confession time. I’m feeling torn.

Back on the boat in Mobile, Alabama. Plan is to finish my Great Loop Adventure in next two months. Retirement is good. I worked hard and know I’ve made an impact on Sioux Falls, and those around me.

In Sioux Falls, and now in Pierre, things are happening.

The at-large council seat is up, along with three district positions. The at-large incumbent, Theresa Stehly has not yet announced her intentions.

A young man has announced and he has been given a huge amount of money(about 70 thousand as if this writing) to defeat her. Contributors include the usual big money folks, mostly connected Republicans.

Standing out is a 10,000 dollar check from former Governor Dennis Daugaard. Obviously the former Governor can donate money to anyone he wants. But this is the same Governor who worked hard to ban out of state money from state elections, speaking out, and signing a bill outlawing the practice. That bill was ultimately determined to be unconstitutional.

Last I knew Dennis and his wife lived near Garretson, outside of Sioux Falls. Are large contributions of out of city money ok for city elections in his mind, but not out of state money for state wide elections?

His contribution is probably legal, but in the face of previous statements and actions is he being ethically consistent?

Back to the election. Stehly’s opponent vows to raise well over $100,000. The four year job pays less than $20,000 a year. Are he and his people “jumping the shark?”( reference to the Happy Days TV show. The Fonz waterskiing while dressed in his jeans and leather jacket, jumping over a shark).

I don’t know the candidate. His pledge to raise more than five, nearly six times the salary seems beyond excessive. Is he motivated to serve or only to win? What does he want to do to improve life in Sioux Falls?

The mayor has created a PAC. He has given money to sitting council members he wants re-elected. Legal? Probably. Ethical? No definitive answer. He is the first mayor in Sioux Falls history to create a PAC. Is he mimicking the big dogs from DC?

One could ask, does he want to serve us, the citizens, or does he want to be a powerbroker?

In Pierre, we are only a few days into the session and already 42 legislators have signed onto a bill putting themselves, and maybe us, if the bill passes, into medical advice and treatment rooms to make felons out of professionals helping individuals and families deal with one of the most complex issues of human bodies, brains, and emotions, gender identity.

I consider myself relatively intelligent. I have talked with a physician who helps deal with people suffering from a gender identity issue. (He lives In Minnesota). It’s complicated. Very complicated.

I feel for people dealing the sex identity problems. I know enough to know, I don’t know enough about it to offer advice. I certainly don’t want to be in the treatment room and I don’t want elected officials in there either, in person or thru laws they pass.

I wonder what else is coming in Pierre? It’s scary.

I’m hoping those of you who care about local and state government will speak up and take action. Testify. Vote. Get involved.

We might not be able to influence the idiocy in Washington, but we can and should stop it in Pierre and prevent it from infecting Sioux Falls.

Godspeed

Of course Alex Jensen’s campaign manager, Matt Paulson had to respond (twice);

Matt Paulson – The issue is not dissenting Ms. Stehly’s votes and a need to control everything. The issue is with how she treats people that she disagrees with, which is very poorly. She seems unable to have a reasonable disagreement without declaring all out war. After repeated phone calls, underhanded blog posts that she orchestrated, complaints by her about me to numerous community leaders, threatening to vote against future funding for an organization she thought I was affiliated with and using her position as a city councilor to attack someone that has political disagreements with her in a public meeting, I’ve just had enough. She bullies people and tries to intimidate people into not speaking out against her by using whatever leverage she can find (usually calling people’s employers). It’s wrong. City officials should treat citizens, including those they disagree with, with respect. Frankly, That’s the main reason why I and others are working to elect someone else to that seat.

First off, NO ONE tells me what to post. Sure, people, including Stehly, have given me suggestions, but in the past, if they want to say something I suggest a ‘guest post’. I disagree with Theresa on a whole host of issues, and we have had our share of incredible fights. Remember, I have been blogging for almost 14 years, well before I knew Theresa, Cameraman Bruce and others. Ask them and they will all say the same, “I can’t tell Scott what to post.”

She should vote against future funding of the SFDF, especially when they use tax dollars to promote a candidate and violate laws. I would expect my elected officials to hold them to a higher standard.

It is also the job of elected officials to hold PUBLIC entities and their employees accountable, especially those who get public money.

Matt Paulson – One thing to consider is that every candidate is going to use the “tools in the toolbox” they have available to them to try to win an election. For Jensen, that is trying to leverage the establishment vote and the financial resources that come with that vote. For Stehly, that means using her elected office as a means to campaign, using her newsletter in the shopper, painting herself as the defender of the little guy. and showing up to as many events/meetings as she can because she does not have a full-time job outside of being a council member. I have a hard time believing that she, or any candidate for that matter, wouldn’t raise more money to win an election if that was a tool they had available to them.

All of the things you mention are called ‘doing her job’. C’mon Matt, are you that ignorant? BTW, when is Alex going to campaign or even tell us what his issues and stances are? Let’s say Theresa doesn’t run, and someone like Knobe gets in the race, is he just going to depend on his smiling face to win the race? Rick would kick his ass. I told someone the other day that it seems Jensen is taking the John Paulson approach to campaigning, “Stay positive and don’t take any stances.” Last I checked, Paulson spent a lot of money, and lost twice, first to Stehly than to Brekke. Not sure why you need to march forth on this losing strategy? But whatever. The only way you will win a council seat, especially running against a popular incumbent is by knocking on doors. All the money, yard signs and billboards won’t make a difference. And ironically, all of this hoopla, and Stehly hasn’t even announced if she will run again.

Informational Meeting, 4 PM

Presentations on the following (no PDF doc links to content);

• Water Reclamation Facility Improvements and Expansion Project Update

• Partner Organization Agreements (Sioux Falls Development Foundation, USD Discovery District, Downtown Sioux Falls, Southeast Technical Institute)

• Metro Communications 911 Center – Public Safety Training Center Partnership Discussion

Regular Meeting, 7 PM

Item #6, Approval of Contracts.

• (Sub item #2) It sure didn’t take long, Pavilion takes over the Orpheum and they are quick to spend our money on maintenance. $90K on the boilers.

• (Sub item #8) It seems taxpayers are on the hook for legal counsel on the TIF for Sioux Steel, for $6K. Shouldn’t this be paid for by the recipient of the TIF?

• (Sub item #17) The Convention center is getting over $400K in boiler replacement.

Item #42, Golden Gateway issue is back on the agenda for a 1st Reading.

Item #43, REPEALING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. Now that the Pavilion has taken over the Orpheum, they will no longer have a citizen advisory board. This is unfortunate.

Item #51, Audit Report, Landfill Licensing. This will be an interesting topic of conversation.