February 2023

City of Sioux Falls lead attorney receives job with DSU-Applied Research Corp. after city pledges $10 Million

You know the old saying, “If it looks like a duck, walks like a duck and quacks like a duck, then it just may be a duck.” which should be followed by the sayings “Follow the money.” and “Pay to play.”

Sioux Falls city attorney Stacy Kooistra is becoming the new chief operating officer and general counsel for the Dakota State University-Applied Research Corporation.

Kooistra will begin his duties this spring and will be based in Sioux Falls.

Last year when the city pledged $10 million to the project for ‘landscaping and other stuff’ according to DSU’s president in a city council presentation, it seems someone is receiving the benefits of that gift.

The city certainly won’t be in dire straits if Mr. Kooistra leaves since most of the heavy lifting in that department is done by staff attorneys and outside counsel (in which the city spends millions each year by hiding legal budgets throughout multiple departments instead of having a centralized legal fund in the finance department).

Kooistra has also been rumored to take extensive leave for his military commitments (while still receiving city compensation, PTO and benefits) which is protected by Federal Law but has left the office in disarray. Just look at Stacy’s misguided opinions on the 1st Amendment and prior restraint or the multiple typos on council agenda items culminating into misleading legal statements presented to the council on the 6th Street Bunker Bridge vote.

But the timing of this promotion is what is dubious. The city announced a little less then a year ago they would be committing $10 million to the project and even after the president of DSU really didn’t know what the money would be used for the rubber stamp council approved the pledge. After TenHaken enjoyed four endorsed council victories in the city election last spring it seems he has been on a ramrodding spree to do whatever he wants including this suddenly mysterious promotion of Kooistra to the very institution that is receiving millions of dollars from Sioux Falls taxpayers and the city he currently serves (ironically to a guy who doesn’t even live in Sioux Falls city limits).

So is this a conflict of interest? Does a duck quack?

Bravo to the Sioux Falls Parks Department!

With the weather getting it’s thaw on I have been trying to get my bike riding miles in, and it has been glorious. Yesterday I went on an extensive bike trail ride (my 4th in a week). While I like to bitch a lot about city services, the city deserves a gold star on plowing the bike trail. Don’t be fooled by winter. I have seen walkers, joggers, bike riders and pet enthusiasts on the trail and we are extremely fortunate to have the city plow our bike trail. Thank You!

Mayor TenHaken proposes extra penny sales tax to pay for stadium nobody wants

If you watch the mayor and representatives from the Riverline District speak at the Downtown Rotary meeting on Monday they seem to be pushing an agenda that the public needs to be SOLD on the idea that we need some kind of sports recreation facility at the location even though the online comments have been strongly against building a stadium in the area.

Once again, supposed leaders in our community know better (that’s how we ended up with an events center in the middle of nowhere) and they seemingly want to just ignore the actual opinion of residents and push another narrative that just doesn’t exist.

One of the panelists said in reference to the negative online comments against a stadium downtown that she wishes the people who approach her in public like at the grocery store (the famous line) and say they want a stadium would express those feelings online. Are Sioux Falls voters really that naive to continue to believe the grocery store poll? Maybe the reason they don’t comment online is that they don’t really exist? And why are people so opinionated at the grocery store?

The group admitted there is challenges in the area including one of the busiest train lines in the city running through it. There is also NO mention of the water issues from Drake Springs (one of the reasons the new Drake Springs pool was built to the North).

Another tidbit that was revealed at the meeting was that earnest money and a purchase agreement has been already drawn up for the land at a cost of around $9 million. What was unclear is where this $9 million was coming from and the mayor leaned towards the taxpayers of Sioux Falls would be picking up the tab. At this point not one single city councilor has spoken publicly in favor or against the project. Where is our legislative policy body on this project? Apparently in the dark. The council is turning into the old dog chained up in the basement. Maybe we should let them roam around the aisles of Sioux Falls grocery stores so they can get a real pulse on what is going on in Sioux Falls 🙁

Remember, this has all been concocted behind closed doors and maybe the reason there is very little buy in from the public is the public hasn’t been involved or informed up until this point. How did we go from 0-60 in a couple of weeks? Because this has been planned in very dark board rooms for months.

But the whopper of the day was when Mayor TenHaken suggested we do like Oklahoma City and propose an extra penny sales tax to pay for a stadium (that nobody wants);

“We are a low-tax state, and we do not have a lot of revenue sources,” he said as he gave potential examples. “I’m nervous, we’re talking about all this. But a baseball stadium’s $80 million, you want an indoor recreation space with 100,000 square feet, that’s $40 million. We’re at $150 million. How are we going to pay for this? No idea.”

First the obvious. Once an extra sales tax is approved, it never goes away or sunsets this is an incredible myth. We only have to look towards the Washington Pavilion and the 3rd penny sales tax on entertainment which was supposed to be sunsetted after the bonds were paid off, they have never gone away, and as of November 2022 the tax raised over $9 million last year. In other words, there is plenty of money in existing coffers to pay off bonds without creating a new tax. I have suggested for years that the 3rd penny be used to pay down bonds on the EC and other facilities instead we squander it on decorations for a roof that nobody looks up at.

But what makes the proposal even more troubling is this;

TenHaken compared the program to a local option sales tax, though didn’t say if he’d want to see the funds overseen by a citizen advisory board, as is done in Oklahoma City.

TenHaken isn’t comparing apples to apples with Oklahoma City which has the public weigh in heavily on the extra tax proposals with extensive public engagement and a public vote (which should be 60% in South Dakota with a taxing/bonding proposal instead of a non-binding ‘advisory vote’ like we did with the EC). Remember, the city council approved the bonding on the EC, not the voters.

What was even more startling was how the panel didn’t seem to concerned about selling the public on their idea.

I go by the old adage that if you have to be sold something you probably don’t need it. It seems the Riverline District reps and the mayor want to sell us on a project they really want (and all of the tax incentives the taxpayers will provide) but the public isn’t to keen on.

I support redeveloping the area, but the city should really only be involved with infrastructure upgrades like utilities, streets and green spaces (not facilities) and let the private sector determine it’s best purpose (which should be housing).

Leave it to an authoritarian like TenHaken to take the beneficial aspects of a bonding proposal and manipulate it to hoodwink Sioux Falls voters into approving another play palace we don’t need.

Bunker Ramp mural project becomes controversial

Just ask Mikey A. after he reluctantly accepted the Sistine Chapel ‘ceiling’ project. His ideas and timeline for the project got him into a lot of trouble with the Pope. It has been a mis-understood piece of art for centuries.

Fast forward to an attempt to put lipstick on a concrete pig downtown and all of a sudden a temporary mural (to only last about 18 months) has been blown way out of proportion.

The Sioux Falls Arts Council in coordination with the Visual Arts Commission and City Planning Staff put in motion a plan to have an opportunity to decorate the Bunker Ramp. As far as I can tell the planning was going smoothly. the SFAC had private funding in place and the VAC had a jurying process.

Where it hit a snag was the mayor’s office or representatives from the planning office made the decision to pull the selected winner and recommend 2nd place.

Two pieces of the puzzle that I am missing is a supposed letter sent from the VAC/SFAC to the mayor’s office offering their dissatisfaction and the image of the rejected mural concept. I doubt I will get either, especially the image which is on complete lockdown.

From what was described to me, the image was chocked full of Native American symbolism and some shirtless males. Let’s just say certain folks were worried certain folks would be offended by such imagery.

It is still hard for me to make a judgement call without seeing the image, but my guess is there is absolutely nothing offensive about it.

Just think you can walk less then a block from this location and see a statue of a dude with his shmeckel hanging out.

After the pissing match went back and forth the mural seemed to be in jeopardy, but now, the rumor is, a temporary painting will be installed at the location. Not sure what that will be or who will be paying for it.

As I said from the beginning, all this could have been avoided by simply selling advertising to DTSF businesses to advertise on a building wrap to cover the wall. It would have been paid for and we would have avoided all the controversy over shirtless native men.

As a local journalist said to me today, “This all could have been avoided with transparency.”

I think we have a winner! Maybe that is what we should paint on the side of the ramp?