Sioux Falls Charter Revision Commission

Charter Revision meeting was very entertaining

It is rare I watch an entire city meeting and am thoroughly entertained throughout. I highly recommend it.

The first thing I will say is it seems the chair of the meeting, Anne Hajek was the only one who knew what was going on as she had to tamp down the rhetoric from the city attorney and Rick Kiley and as other members said things that made no sense.

Right out of the gate, Kiley decides to take on Anne, um . . . mistake. But he is so arrogant he really took a go at it. First he thot he could just propose crap on the fly since he is a member of the CRC (he thinks the mayor should get paid $200K and councilors $40K. Zylstra thinks the mayor should get $250K, we will discuss in a moment).

Hajek reminded him that he needed to bring his proposal forward like the public and the attorneys office by sending a written proposal in advance of the meeting. Kiley realizing he couldn’t win the argument tried to get Fiddle-Faddle to defend him, he tried and also failed. Then Kiley pulled the ‘former councilor’ card and said ‘well this is how we did it when I was on council.’ and Anne quickly quipped ‘The council and commission have different procedures and duties.’ I always knew that Kiley wasn’t the sharpest knife in the drawer and he didn’t disappoint tonight.

CRC DOESN’T EVEN BRING A FLOOR VOTE ON TWO CITIZEN PROPOSALS

To add insult to injury the two proposals by citizens didn’t even get a second motion for a floor vote. I’m sure it had to do with Fiddle’s tired old advice he gave again today that basically proposals from citizens that make major changes to the charter should be voted down by the CRC. Yet Fiddle is proposing a change in the charter (next meeting) to eliminate the mayor’s salary from the charter which is a parlor trick that gives the council and mayor the ability to give themselves raises without citizen approval. Kind of sounds like a major change Fiddle? He basically said only UNELECTED staff can put proposals on the ballot.

The two proposals that were voted down were removing the mayor from council meetings and advanced TIF rules. I supported both of them, but I told Zitterich on his TIF proposal it may be a little early since the legislature is probably going to implement new TIF rules this session, then we can fine tune them to Sioux Falls next year and that was the exact reason the CRC voted down the proposal. But I will give props to Mike, all of rule changes are in line with what the legislature is proposing. It wouldn’t eliminate TIFs but they would only be for very specific projects like affordable housing and not 5-star hotel parking ramps.

CRC APPROVES CITY ATTORNEY PROPOSALS w/A FUTURE MEETING ON SALARIES

There was some language changes to the charter that have to do with budgeting and election dates due to the change in state law.

But Fiddle has another proposal, he wants to take the Mayor’s salary off of the charter. Like I said above, this will let them decide their salary instead of the folks who pay them. There are also other proposals. Joe Kirby proposed a 20% increase as a course correction, Kiley wants to pay even more as does Zylstra. I told Anne tonight after the meeting they should just do a COLA that matches the COLA of the city employees (non-public safety). Problem solved.

I also told Anne that in the middle of a recession this is HORRIBLE time to ask voters to approve raises, it will fail miserably like it did last time. They really are that TONE DEAF! If you don’t think council and the mayor get paid enough then why did you run for office? You knew what it paid, it was clear in the charter.

Zylstra brought up the argument of the CEO running the city. So tired of that stupid f’ing argument. The city is NOT a for profit business that designs over-priced square space websites or a predatory credit card company, it is non-profit, taxes in, taxes out in services. It’s NOT hard accounting. He felt that the mayor (elected) should be paid like a CEO or the School District Super (they are extremely overpaid BTW). Here’s why his argument is silly. When we elect a graphic designer to be mayor, he doesn’t have the expertise of a public administrator. This is WHY hired administrators like city managers or supers get paid more, they likely have a PHD in public administration. They get the job and that is why they get the salary they do. Since an elected mayor doesn’t have the knowledge or experience of a Public Administrator they rely heavily on staff and directors, which is fine. In other words, delegating the work instead of actually doing it. I think the mayor’s salary is just fine where it is at. The financial opportunities the mayor receives thru business relationships make him more coin then a silly salary ever would (you know, like getting $1 millon over appraisal on a building you sold). I also think we need to move to a city manager form of government and have a professional run a town of this size while the council is free to form policy with the cooperation of the city manager instead constantly fighting the mayor.

I also find the argument for a raise tone deaf because of this chart;

If you recieved those kind of scores in your yearly review do you think your boss would give you a raise? They would probably sh!t can you on the spot.

Charter Revision, Faux Ministries and Gardening for Pot Heads?

The CRC meets on Wednesday to discuss the 1st Chapter of the Charter. Zitterich is presenting a council commission to study the size and makeup of districts, which I support. If the CRC approves this, which I think they will, it go on the ballot for the June election and voters will be asked if they support forming such a commission.

The council will also reconsider the rezone of Tre Ministries project. This of course is the project that got the city to pay for a $500K demo job (no loan was given, we paid for it out of Public Works funds) and they lied about the investors. This is a bad idea all the way the around. I told someone from that neighborhood this was about the ‘credibility’ of the developer and a rezone can be denied because of that. I told this person I heard that Tre was changing it’s name to Lyre Ministries, it has a more Old Testament feel to it 🙂

I have to admit that some people have some strange business ideas. There was a business that closed by my house about a year ago and finally someone started leasing the retail space. It is a Bong and Gardening supply store. I looked at some of the ‘gardening supplies’. Let’s just say you could grow some killer indoor hydro toms, but I have never tried to smoke tomatoes in a bong.

I couldn’t agree more with Mr. Kirby

Joe did a great blog post today about the charter. While I disagree with some of his premises and anecdotes he is right about ONE thing;

City government would be improved if we established a better separation of powers while at the same time, strengthening the role of our legislature. Here are some changes I think are worth considering in the charter and/or the way city government operates.

  1. Take the next mayor off the city council to establish better separation of powers.

I think this would FORCE the council to do policy because they would be running their own meetings and agendas. This doesn’t mean the mayor could not still present policy but he would have to get at least ONE sponsor on the council and if it really is HIS policy and not something a department head cooked up, he needs to come to the council and present.

I think the charter has worked well also, but the biggest problem is the laziness of the councils since and the corruption at city hall. This of course spells incompetence.

Some rules and regs really do work, but you must apply them, this city has NOT when it comes to policy and our legislative branch.

Sioux Falls City Council Agenda, August 15-16, 2023

Budget Hearing • Tuesday, August 15, 2023, at 3:00 PM

Health, Planning, Transit, Public Works, Housing

Regular City Council Meeting • Tuesday, August 15, 2023, at 6:00 PM

Item #7, Approval of Contracts,

Sub-Item #6, River Greenway Improvements: Downtown River Greenway – Phase 3; To award a formal bid. Lloyd Construction Co., $10.7 million. (So we are going to pay the very developer who is benefitting from the greenway adjacent to their commercial property, Sioux Steel District, all the while they are getting a $25 million dollar TIF and a $3 million dollar BID tax grant).

Sub-Item #9, Park Land Acquisition: 1328 N Phillips Avenue Site Demolition and Restoration; $16K (the price tag isn’t at question here. I’m trying to figure out what park we are trying to improve by tearing down this home?)

Item #45, 2nd Reading, Re-Zone for halfway house (The council has expressed they will be voting against this rezone, but the discussion should be interesting considering councilor Neitzert pulling the halfway house ordinance change and deferring it to next month’s meeting).

Item #51, 2nd Reading, AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. (apparently this is the only agreement the city has in writing, or at least the only one they are willing to share. I have told reporters that I don’t think the city has a standing contract with the non-profit that lays out operational obligations or expectations. Recently the Director of the Link resigned with no comment. Why was that? And who is running the facility now? Looks like the city’s cruise control button just landed at another quasi-city-non-profit.)

Items #58-60, Union Contracts

Active Transportation Board • Wednesday, August 16, 2023, 8:30 AM, Commission Room, City Hall

The board will be taking action on Councilor Neitzert’s proposal to change the E2 bike ordinance on the shared use rec trail. If you look at the agenda packet and read Greg’s changes he is simply just adding E2, and making some minor adjustments to verbiage and ADA accessibility while identifying speed limits. I am not sure how this vote will go, but hope to sit in on the discussion. There is a Parks Board meeting that same afternoon and they will also be taking action on the proposal.

Charter Revision Commission Meeting • Wednesday, August 16, 2023 at 4:00 PM

The CRC will be taking up two proposals that were presented in the last round of CRC hearings and will likely be rejected by them again. Kirby wants to remove the mayor as a city councilor and chair of the meetings and Zitterich wants to increase the size of the council. I agree with Kirby’s proposal and is long overdue, but I disagree with increasing the city council’s size. I think we should only have 7 councilors that ALL represent a district and NO At-Large members.

While I will give them kudos for going thru the proper process, a better approach would be getting all parties that want to make changes to the charter together and agreeing on a charter revision package that they can sell to the voters thru a petition drive and election. The CRC is setup to be an obstruction to the public from making direct policy changes at the ballot box, and so far, they have been very successful in their mission.

Kirby suggests we eliminate the mayor as a councilor

I support this, but I am not sure the Charter Revision Commission will be on board;

I have some suggestions for improving the structure of our city government in advance of the 2026 election. My main recommendation is that the Charter Revision Commission give voters the opportunity to improve the mayor’s job description before the new person gets the job. A more traditional separation of powers in city government could help avoid some of the problems the city has experienced. The mayor would no longer serve on the city council.

The city’s chief executive job is more than enough for one person. I envision a structure like that used in state and federal government where the chief executive is separate from the legislature. This change would empower the council to take a stronger role in setting policy, as we originally intended thirty years ago when we put this form of city government in place.

As I said, the heaviest lift will be getting the CRC to put this on the ballot, especially with an election that will have a laundry list of mayoral and council candidates. He is absolutely correct that this needs to be done to even out the powers between the council and mayor’s office.

I think the secondary hurdle will be getting voters to support it. I’m sure there will be opposition, but I am NOT sure how the voters will take it or understand it. Opinions change quickly though, just look at the slaughterhouse vote.

Not only do I encourage voters to support this on the ballot box BUT to get involved before that and encourage the CRC to put this on the ballot.