Charter Revision Commission Meetings

MINUTES Charter Revision Commission Meeting Wednesday, November 10, 2021 at 3:30 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Commission Members Present: Catherine Dekkenga, Anne Hajek, Lawrence Long, Justin Smith, Carl Zylstra Commission Members Absent: None Commission Chair Justin Smith called the meeting to order at 3:30 p.m. 2. Approval of Minutes A. Wednesday, October 6, 2021 A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to approve the Minutes. Voice vote to approve. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. 3. Old Business A. Formal Recommendation #2 by Anne Hajek: Council Member being able to provide their resignation for a future date enabling them to run for another office while they are a sitting City Council Member. A motion was made by Commission Member Zylstra and seconded by Commission Member Dekkenga to defer Formal Recommendation #2 to the Charter Revision Commission Meeting on Wednesday, December 8, 2021. Voice vote to defer. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. B. Formal Recommendation #3 by Scott Ehrisman: Application for TIF will only be accepted for projects that will eliminate blight, build density in the core, and simultaneously provide affordable and workforce housing. Home rule charter allows the city to be stricter than state law. Ehrisman provided input on his proposal with feedback of the definition of the word "TIF". He also discussed home rule charter vs. state laws; economic development; the number of building permits in the City; affordable housing; and why he felt these were his three best suggestions for the Charter Revision Commission to review. Jeff Eckhoff, Director of Planning and Development Services, spoke about the TIF process and how TIF's are used in the City of Sioux Falls. Eckhoff provided additional feedback on: the definition of blight and the state statutes regarding open areas; the economic development areas that use TIF projects; and the total number of initiated TIFs is 25, wherein 13 are currently active and 5 did not happen for various reasons. Eckhoff reviewed the number of times and specific public meetings that are used to communicate TIF information including Informational Meetings, notices to the public, Planning Commission Briefings, Planning Commission Meetings, Meetings with the Counties and School Districts, and two City Council Meetings (for 1st and 2nd Readings). Eckhoff included an update that he participated in all of the Legislative Summer Studies for housing that included meetings in Rapid City, Pierre and Sioux Falls; and provided input at each of these meetings. He provided an update on some changes to TIF legislation that would impact affordable housing. Eckhoff explained the TIF update regarding the $110M being introduced with the intent for 0% interest being charged to communities. Eckhoff explained the process for implementing this recommendation and how it will impact developers in the community. Discussion followed regarding the reasons for bringing this proposal forward; definitions of the core area of the city; the definition of blight; whether or not these changes belong in the Charter or if changes should be made through an initiative; if these changes would be better served being addressed at the legislative level; the percentage of TIFs used in the last ten years related to workforce development or affordable housing (answer is three out of fifteen - half had a component of housing to them); whether or not the hearings can be contested; the outcomes of implementing TIFs if the proposed changes were passed; how the city would be impacted by TIFs being confined to the core areas; whether or not this item is a duplicate of existing state law; and whether or not this item is appropriate to be added to the Charter. A motion was made by Commission Member Zylstra to add Formal Recommendation #3 on the ballot for the Municipal Election on Tuesday, April 12, 2022. Motion died for lack of a second. A motion was made by Commission Member Long and seconded by Commission Member Dekkenga to move to table Formal Recommendation #3. City Attorney Stacy Kooistra discussed the rules of procedure for the Charter Revision Commission and discouraged having any motions to table without noting a specific date for the table. Tom Greco, City Clerk, stated that the proposed Charter Revision Commission changes will need to be reported not later than at the City Council Meeting on Tuesday, February 8, 2022, in order to meet the deadline for entering items on the ballot of February 11, 2022. The Chair recommended using the date of February 13 as the date of the table. Commissioner Long then moved for a table date of February 13, 2022. The motion died for lack of a second.  A motion was made by Commission Member Hajek and seconded by Commission Member Dekkenga to reject Formal Recommendation #3 from being added to the ballot for the Municipal Election on Tuesday, April 12, 2022. Roll call vote to reject. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. C. Formal Recommendation #4 by Scott Ehrisman: General Public input will be at the beginning of EVERY city public meeting, including boards and commissions and will have a limit of 5 minutes per speaker and NO limit on the number of speakers EXCEPT at the discretion of the chair of the meeting. Ehrisman reviewed the proposed changes to public input and explained why he felt the proposed change was necessary. Ehrisman requested the following amendment to his proposal in the first sentence of subsection (d): Include the word "general' between the words "receive" and "public input" so it reads as follows: "The Council shall receive general public input at every regular and special meeting before taking up any business items". Discussion was held regarding what other boards hold public input at the beginning of the meeting and how often public input is moved in other meetings; the length of time that speakers can address their subject and what is length of time per meetings; what is the discretion of the Chair in the amount of time as written; the importance of having consistency in the location of public input on agendas throughout the various meeting groups; the process for individual items getting input during the meeting; and whether or not adding this to the Charter is the most appropriate method for future action. A motion was made by Commission Member Zylstra to add Formal Recommendation #4 on the ballot for the Municipal Election on Tuesday, April 12, 2022. Motion died for lack of a second. A motion was made by Commission Member Long and seconded by Commission Member Dekkenga to reject placement of Formal Recommendation #4 on the ballot. Roll call vote to reject. 4 Yes: Dekkenga, Hajek, Long, Smith; 1 No: Zylstra. Motion Passed. D. Formal Recommendation #5 by Scott Ehrisman: Every director or department head must be a Sioux Falls resident, or become one within 30 days of hire/start date. Current directors are exempt. Only applies to new hires appointed by the Mayor and City Council. In reviewing the proposed amendment language submitted by Commission Members Smith and Zylstra regarding Ehrisman's recommendation, Ehrisman agreed that a 6 month instead of a 30 day time frame to become a resident of Sioux Falls would be more fair. Ehrisman presented his input regarding his recommendation. In response to information provided by the Human Resource Department, Ehrisman reviewed salary study research that he had done regarding director  level salary and benefits. He stated that his research showed Sioux Falls Directors were compensated better than others in cities of similar size and population. Ehrisman reiterated his points about Director level staff needing to pay their share of property taxes in the city. After some discussion, Ehrisman indicated that he preferred the proposed location and language in Commission Member Smith's draft amendment with the exception of changing the time frame from 30 days to 6 months. The proposed sentence insertion to Section 4.01(b) was changed to read as follows: To be eligible for appointment by the mayor under this section, a person shall reside within the city limits of Sioux Falls or shall establish such residency no later than six (6) months after assuming office. This requirement for residency shall not apply to any person holding an appointive office as of the date the Charter is amended to add such requirement. Commission Member Zylstra withdrew his proposed language in favor of the amended language of Commission Member Smith's proposal. Discussion was held regarding: the housing market; relocation, recruitment, and expense reimbursements; what is the metropolitan area of the city; who determines where future employees should relocate; and whether or not this type of personnel management belongs in the Charter. A motion was made by Commission Member Zylstra to remove Formal Recommendation #5 from pending consideration. Motion dies for lack of a second. A motion was made by Commission Member Long and seconded by Commission Member Zylstra to place Formal Recommendation #5 on the ballot for the Municipal Election to be held on Tuesday, April 12, 2022. Roll call vote to place. 2 Yes: Long, Zylstra; 3 No: Dekkenga, Hajek, Smith. Motion Failed. A motion was made by Commission Member Hajek and seconded by Commission Member Dekkenga to reject Formal Recommendation #5 from being added to the ballot. Roll call vote to reject. 3 Yes: Dekkenga, Hajek, Smith; 2 No: Long, Zylstra. Motion Passed. E. 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). Smith recommended that the proposal made by citizen Joe Kirby regarding removing the Mayor from the City Council and the expansion of the City Council majority vote exceptions be added to the agenda for the December 8, 2021, Charter Revision Commission Meeting. In addition, Formal Recommendation #6 from Mike Zitterich regarding City Council action on the budget should be included on that same meeting agenda. A motion was made by Commission Member Hajek and seconded by Commission Member Long to submit the recommendations made by Chairman  Smith to the Charter Revision Commission Agenda of Wednesday, December 8, 2021. Voice vote to submit. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. 4. New Business A. Charter Article VII – General Provisions The following sections were announced by the Chair with no recommendations for proposed amendments by the Commission: Section 7.01, Conflicts of interest; board of ethics; and Section 7.02, Prohibitions. Discussion was held on Section 7.01 (b) regarding whether or not the minutes should include more information and whether the City Council should bring forward a proposal to improve the clarity of the minutes. Discussion was held on Section 7.01(a) regarding whether or not a specific value amount should be documented regarding "acceptance of gifts and other things of value". Discussion was held regarding what is stipulated in state law, how the issue is clarified in ordinance and the fact that the City Council has not amended the verbiage to a specific amount but rather has left it defined as "nominal intrinsic value". B. Charter Article VIII - Charter Amendment The following sections were announced by the Chair with no recommendations for proposed amendments by the Commission: Section 8.01, Proposal of amendment; Section 8.02, Election; and Section 8.03, Adoption of amendment. C. Charter Article IX – Transition/Separability Provision The following sections were announced by the Chair with no recommendations for proposed amendments by the Commission: Section 9.01, Officers and employees; Section 9.02, Departments, offices, and agencies; Section 9.03, Pending matters; Section 9.04, State and municipal laws; Section 9.05, Schedule; and Section 9.06, Separability. Discussion was held regarding past intent for this portion of the Charter. Commission Member Zylstra indicated that two years from now, he intends to bring forward an amendment to Section 9.05(f) regarding the salary of the Mayor. It will not be done at this time as the Mayoral position is up for re- election in 2022. D. Other Proposals Submitted in Advance of this Meeting Unrelated to the Articles Under Consideration Above 1. Formal Recommendation by Joe Kirby: Removal of mayor from city council and expansion of city council majority vote exceptions. See action taken in 3E. 5. Public Input Scott Ehrisman thanked the Commission for their professionalism and provided closing remarks about his recommendations. 6. Open Discussion There was none. 7. Adjournment A motion was made by Commission Member Long and seconded by Commission Member Hajek to adjourn the meeting at 5:19 p.m. Voice vote to adjourn. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, City Clerk Future Charter Revision Commission Meeting(s): December 8, 2021 at 4:00 PM All meetings at Carnegie Town Hall