Charter Revision Commission Meetings

Minutes Charter Revision Commission Meeting Wednesday, November 6, 2019 at 3:30 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Commission Members Present: Anne Hajek, Pauline Poletes, Robert Thimjon, Carl Zylstra Commission Members Absent: Justin Smith Commission Member Pauline Poletes called the meeting to order at 3:30 p.m. 2. Approval of Minutes A. October 16, 2019 A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to approve the minutes. Voice vote to approve. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. 3. Old Business Poletes explained, as a follow-up from the last meeting, that when she votes to place a proposal on the ballot it is not an endorsement of the measure. The purpose is to place proposed amendments on the ballot so that voters may decide. Commission Member Anne Hajek stated that she shares the same view. A. Formal Recommendation #2 by John Matthius: The power of the Mayor to cast a tie-breaking vote on council matters should be rescinded Poletes asked for public input. There was none. A motion was made by Commission Member Zylstra and seconded by Commission Member Thimjon to reject Formal Recommendation #2. Commission Member Carl Zylstra explained that he is making the motion because it does not meet the Committee's rule requiring draft language or a proposed section for placement. He also views it as duplicative of another recommendation on the agenda and can be taken as testimony in support of other proposals to be considered. Voice vote to reject. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. B. Formal Recommendation #4 by John Matthius: The City Attorney position should be an elected position, not an appointed one Poletes asked for public input. There was none. A motion was made by Commission Member Hajek and seconded by Commission Member Thimjon to reject Formal Recommendation #4. Voice vote to reject. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. C. Formal Recommendation #5 by John Cunningham: Propose a weak mayor or city manager form of government A motion was made by Commission Member Hajek and seconded by Commission Member Thimjon to reject Formal Recommendation #5. Hajek noted that she is recommending rejection because it proposes a new form of government, which would be beyond the authority of the Commission to propose. Zylstra and Commission Member Robert Thimjon also expressed that the recommendation be rejected on the merits for the same reason identified by Hajek. Poletes asked for public input. There was none. Voice vote to reject. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. D. Formal Recommendation #7 by Joe Kirby to Charter Section 2.02, 2.03 and 2.11: Remove the Mayor as a member of the City Council Poletes asked for public input. Council Member Greg Neitzert expressed that the proposal would be a major change in city government. He believes that the mayor provides an important perspective, particularly because of the resources and knowledge at the full time mayor's disposal compared to part-time councilors. A motion was made by Commission Member Thimjon and seconded by Commission Member Hajek to reject Formal Recommendation #7. Voice vote to reject. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. E. Formal Recommendation #8 by Joe Kirby to Charter Section 2.11: Require a vote of at least six members of the City Council to issue any bonds (Action deferred from 10/16/19 meeting) Hajek recused herself from the meeting for the discussion and vote on this item because her husband does bond work.  A motion was made by Commission Member Zylstra and seconded by Commission Member Thimjon to defer Formal Recommendation #8 to the meeting of December 11, 2019. Zylstra explained the reason for his motion is because the Commission would not be able to vote affirmatively on the matter due to an absence and recusal. Voice vote to defer. 3 Yes: Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. F. Formal Recommendation #10 by Joe Kirby – new Charter Section 6.04: Condense all candidate eligibility requirements into a new section under Charter Article VI Poletes asked for public input. There was none. Zylstra asked for clarification on the proposal-if the only change in residency is specifically for the District Members and what is the rationale for the change. City Attorney Stacy Kooistra explained the questions would be best answered by the proponent of the proposal. He noted that Mr. Kirby is not present and cautioned the Commission against speculating on his intent. Thimjon stated that he recalls Mr. Kirby's presentation and thought it was succinct and well-reasoned. A motion was made by Commission Member Thimjon and seconded by Commission Member Zylstra to forward Formal Recommendation #10 to the Council for inclusion on the ballot. Hajek asked for clarification on the proposed language. It was noted that the provision currently requires any person elected to the office of mayor or council member to have resided in the city for six months prior to the date of the election. The proposal would further specify that a district council member shall have resided in their district for the same period. Zylstra asked if the proposal was part of the Charter Amendment petition drive. It is not. Hajek asked if there was an eligiblity requirement already in the charter. City Clerk Tom Greco explained that it is currently found in section 2.02. The Commission then discussed whether or not section 2.02 can be amended to include the language Mr. Kirby proposed for section 6.04. A motion was made by Commission Member Zylstra and seconded by Commission Member Hajek to amend Formal Recommendation #10 by adding the second sentence of the proposed language to the end of section 2.02(b) of the city charter and forwarding the amended proposal to the council for inclusion on the ballot.  Voice vote to amend. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. G. List of Formal Recommendations for Revision to the Sioux Falls Charter to be maintained (The items on this list will be addressed at a future meeting and will be placed on the relevant Agenda at that time) Poletes asked if there was any public input. Council Member Greg Neitzert provided an update on an ordinance he recently proposed that would address the voting status of the attorney on the board. The ordinance clarifies that the City Attorney is a non-voting member. A motion was made by Commission Member Zylstra and seconded by Commission Member Hajek to add Formal Recommendations 9, 11, and 12 to the next agenda. The Commission noted that Formal Recommendation #8 will also be on the next agenda as it was deferred. Voice vote to add Formal Recommendations. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. 4. Public Input 5. Open Discussion Thimjon thanked city staff for preparing information packets for the meetings. Zylstra informed the body that he asked the City Attorney to research the variation between the outline of duties as they appear in the enabling ordinance and how they appear on the Charter Revision Commission's webpage. He believes they represent two different ways of looking at the responsibilities of the body, particularly with respect to the nature of their recommendations. He explained the current Commission has a clear understanding of their duties and authority, but clarifying the webpage would assist in helping the public better understand the Commission's role. 6. Adjournment A motion was made by Commission Member Thimjon and seconded by Commission Member Zylstra to adjourn at 3:58 p.m. Voice vote to adjourn. 4 Yes: Hajek, Poletes, Thimjon, Zylstra; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk Future Charter Revision Commission Meeting(s): December 11, 2019 All meetings at 3:30 p.m. at Carnegie Town Hall