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Charter Revision Commission Meetings

Regular Meeting

Sioux Falls, SD · November 29, 2023

AgendaMinutesPacketVideo Recording

Minutes

MINUTES Charter Revision Commission Wednesday, November 29, 2023 at 4:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Commission Members Present: Catherine Dekkenga (via telecom), Anne Hajek, Lawrence Long (left at 5:13 p.m.), Carl Zylstra, Eric Erickson Commission Members Absent: None Commission Chair Anne Hajek called the meeting to order at 4 p.m. 2. Approval of Minutes A. November 1, 2023 A motion was made by Commission Member Long and seconded by Commission Member Zylstra to approve the minutes of November 1, 2023. Roll call vote to approve. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. 3. Old Business A. Formal Recommendation #3 by Carl Zylstra: Making City Council Responsible for Setting Compensation of Elected Officials Zylstra reviewed his proposal of providing a mechanism in Section 2.04 and Section 9.05 for adjusting compensation of elected officials. Hajek read Zylstra’s proposed amendments on the record. Public input was taken from David Zokaites, City Council Chair Marshall Selberg. Mike Zitterich was unable to be present but submitted his input in writing which was read into the record by Hajek. Discussion followed regarding procedures for changing the compensation level; the annual changes due to CPI changes; and setting a deadline for proposed changes by June 30th for budgetary purposes. The Commission further asked the City Attorney to review Section 2.04 regarding the effective dates, including a review of the current model charter language. A motion was made by Commission Member Zylstra and seconded by Commission Member Long to defer action on this item to the December 13, 2023, Charter Revision Commission Meeting pending amended language being submitted. Voice vote to defer. 5 Yes. 0 No Motion Passed. B. Formal Recommendation #4 by John Cunningham: City Manager Form of Government Cunningham spoke about his recommendations for the City of Sioux Falls to adopt a City Manager form of Government. His focus was on the need for a person with more administrative and managerial skills as the city continues to grow and develop. Hajek summarized Cunningham’s proposed changes to the Charter as detailed in his written Formal Recommendation. Public input was taken from David Zokaites. Mike Zitterich’s written comments were read by Hajek. The Commission discussed whether this recommendation is a change in the form of government which is outside the scope of their review. Pfeifle noted in 1994, the Citizens for Modern Government discussed this as a possible form of government and they overwhelmingly rejected this idea, in favor of an administrative head of the city having a citywide mandate from the voters. That is the form pitched and adopted by the voters. Other cities in South Dakota have changed to a city manager form of government with various degrees of opinions on the success of doing this. Zylstra made a motion to place this proposal on the ballot. There was no second. A motion was made by Commission Member Zylstra and seconded by Commission Member Long to decline moving this item forward to the ballot. Roll call vote to decline moving item forward to ballot. 4 Yes: Dekkenga, Hajek, Long, Erickson; 1 No: Zylstra. Motion Passed. C. Formal Recommendation #1 by Joe Kirby: Deferred from November 1, 2023 Meeting Mr. Kirby presented his formal recommendation of removing the Mayor from City Council at previous meetings of the Charter Revision Commission and was not present today. Hajek summarized Kirby’s proposal on the record. Public input was taken from David Zokaites. Hajek read into the record Mike Zitterich’s written comments. Discussion of Mr. Kirby’s recommendation by the Charter Revision Commission members took place. A motion was made by Commission Member Long and seconded by Commission Member Erickson to decline moving this item forward to the ballot. Roll call vote to decline action. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. D. Formal Recommendation #5 by John Cunningham: Removal of Term Limits Mr. Cunningham presented his proposal to remove term limits of the Mayor and City Council members. Hajek summaries the changes the proposal makes to Charter Sections 2.02 and 3.02. Public input was taken from David Zokaites. The Charter Revision Commission held discussion on their role in placing items on the ballot for voter consideration. The Charter Revision Commission then discussed Mr. Cunningham’s Formal Recommendation regarding term limits, including the possibility of eliminating term limits for City Council members and not the Mayor. A motion was made by Commission Member Zylstra and seconded by Commission Member Long to move forward to the voters the proposed change to Section 2.02, eliminating term limits of city council members. City Attorney Dave Pfeifle expressed concern with whether this would go beyond advisory in terms of the practical effect of this proposed amendment. Roll call vote to move proposed change to Section 2.02 forward to the ballot. 3 Yes: Long, Zylstra, Erickson; 2 No: Dekkenga, Hajek. Motion Failed for Lack of Super Majority. A motion was made by Commission Member Zylstra and seconded by Commission Member Erickson to decline to move forward to the voters the proposed change to Section 3.02, eliminating term limits of the mayor. Roll call vote to decline moving proposed change to Section 3.02 forward to the ballot. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. E. List of Formal Recommendations for revisions 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.) Hajek noted that the item to be added to the Agenda for the next Charter Revision Commission Meeting will be Making City Council Responsible for Setting Compensation of Elected Officials. 4. New Business The Charter Revision Commission Meeting scheduled for Wednesday, December 20, 2023, at 4 p.m. was rescheduled to Wednesday, December 13, 2023, at 4 p.m. The January Charter Revision Commission Meeting is scheduled for Monday, January 8, 2024, at 4 p.m. 5. Public Input David Zokaites spoke about transforming government. 6. Open Discussion There was none. 7. Adjournment A motion was made by Commission Member Zylstra and seconded by Commission Member Erickson to adjourn the meeting at 5:25 p.m. Voice vote to adjourn. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. Tamara Jorgensen, Assistant City Clerk Future Charter Revision Commission Meetings: December 13, 2023; January 8, 2024 All meetings in Carnegie Town Hall

Agenda

AGENDA Charter Revision Commission Wednesday, November 29, 2023 at 4:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings 1. Call To Order 2. Approval of Minutes A. November 1, 2023 3. Old Business A. Formal Recommendation #3 by Carl Zylstra: Making City Council Responsible for Setting Compensation of Elected Officials B. Formal Recommendation #4 by John Cunningham: City Manager Form of Government C. Formal Recommendation #1 by Joe Kirby: Deferred from November 1, 2023 Meeting D. Formal Recommendation #5 by John Cunningham: Removal of Term Limits E. List of Formal Recommendations for revisions 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) 4. New Business 5. Public Input Future Charter Revision Commission Meetings: December 20, 2023; TBD: January, 2024 All meetings in Carnegie Town Hall Charter Revision Commission Members: City Staff: Eric Erickson Lawrence Long David Pfeifle, City Attorney Catherine Dekkenga, Vice Cari Hanzel, Paralegal/Board Clerk Chair Tamara Jorgensen, MMC, Asst. City Clerk Anne Hajek, Chair Carl Zylstra If an ADA accommodation is needed, please contact the Human Relations Office at 367-8745 or humanrelations@siouxfalls.org at least 12 hours in advance of the meeting. 6. Open Discussion 7. Adjournment Future Charter Revision Commission Meetings: December 20, 2023; TBD: January, 2024 All meetings in Carnegie Town Hall Charter Revision Commission Members: City Staff: Eric Erickson Lawrence Long David Pfeifle, City Attorney Catherine Dekkenga, Vice Cari Hanzel, Paralegal/Board Clerk Chair Tamara Jorgensen, MMC, Asst. City Clerk Anne Hajek, Chair Carl Zylstra If an ADA accommodation is needed, please contact the Human Relations Office at 367-8745 or humanrelations@siouxfalls.org at least 12 hours in advance of the meeting.

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