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Code of Ordinances Amendment - Title 2 Civic Center Commission Copyright 2014 City of Dubuque Action Items # 2. ITEM TITLE: Code of Ordinances Amendment - Title 2 Civic Center Commission SUMMARY: City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 4 which establishes the Civic Center Advisory Commission and provides for the powers, operation, membership and meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 4 Civic Center Advisory Commission and adopting a new Chapter 4 Civic Center Advisory Commission in lieu thereof establishing the Civic Center Advisory Commission and providing for the powers, operations, membership and meetings SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Civic Center Advisory Commission-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance ❑ Suggested Motion Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commission — Civic Center Advisory Commission DATE: September 30, 2015 The City Attorney's Office and the City Clerk's Office have been working on updating the Boards and Commissions ordinances to make the standard provisions in all of the ordinances uniform and consistent. Assistant City Attorney Crenna Brumwell recommends City Council approval of an ordinance which adds a new Title 2, Chapter 4 which establishes the Civic Center Advisory Commission and provides for the powers, operation, membership and meetings. The Civic Center Advisory Commission was originally established in June of 1977. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THS CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ESQ. ASSISTANT CITY ATTORNEY /� To: Michael C. Van Milligen /l/I`'`„".'_Y_ City Manager DATE: September 30, 2015 RE: Boards and Commissions — Civic Center Advisory Commission The City Attorney's Office, together with the City Clerk's Office and each individual department, have been working on updating the Boards and Commissions ordinances for the City of Dubuque. The goal is to make the standard provisions in all of the ordinances uniform and consistent. Attached please find a draft ordinance for the Civic Center Advisory Commission, which was established in June 1977. For this ordinance, a new Title 2, Chapter 4 is adopted which establishes the Civic Center Advisory Commission and provides for the powers, operation, membership, and meetings. I recommend that the ordinance be submitted to the City Council for consideration. Please let me know if you need further information. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 66-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE CIVIC CENTER ADVISORY COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 4 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 4 CIVIC CENTER ADVISORY COMMISSION 2-4-1: COMMISSION CREATED: There is hereby created the Civic Center Advisory Commission. 2-4-2: PURPOSE: The purpose of the commission is to advise the Leisure Services Department, the city manager, and the city council and to make recommendations to the optimum utilization of the Civic Center facility by the widest possible range of users and uses to respond to community needs and demands at the least possible cost to the city. 2-4-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-4-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-4-5: MEMBERSHIP: A. The commission comprises five (5) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. 2-4-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-4-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-4-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-4-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-4-10: MEETINGS: A. Regular Meetings. The commission must meet quarterly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum. Three (3) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-4-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. 2-4-12: REMOVAL: Except as provided in 2-4-10(D)(1), the city council may remove any commissioner for good cause. 2-4-13: POWERS: The commission has the following powers, duties, and responsibilities: A. Provide the city council with recommendations that further the general and specific purposes of the commission. B. Recommend the development of financial and other resources to support the short- and long-term capital needs of the Civic Center facility and its programs. C. Recommend programs to provide a variety of year round intellectual, cultural, enjoyable, and attractive leisure time activities which contribute to the physical and mental well being of residents and visitors. D. Recommend programs which contribute to the economic base of the community by encouraging business use of the Civic Center facility. E. Recommend schedules of fees and charges for special building services, equipment, special building features, and rental rates. F. Recommend informational and promotional programs to secure the full support and participation of the community. G. Recommend the annual operating budget and an ongoing capital improvements budget that provides a safe, secure, sanitary, clean, and attractive facility. H. Recommend development of community partnerships related to tourism for optimum utilization of the Civic Center facility. 2-4-14: SOLICITATION AND ACCEPTANCE OF DONATIONS: The commission may solicit donations and gifts of money, personal and real property, and personal services, which must be donated or gifted to the City of Dubuque, for the general support of the Civic Center unless such donations or gifts are designated by the donor for a specific purpose. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 19th day of October, 2015. Attest: Kevin S irnstahl, City lerk Roy D. Buol, M STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 23, 2015, and for which the charge is $68.37. r Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, thisd 7 day of , 20/5 . Notary Public in and for Dubuque MARY K. WECTERMYER Commission Numbor '!54385 My Corm. Exp. FEB. 1, 2017 2-4-1:• COMMISSION; without compensation; CREATED: • .( ` provided thatthey may There ; is hereby receive reimbursement:; created ' the ; Civic for necessary' ` travel Center Advisory Com- and- "+other expenses :mission. while on official corn - , 2 -4-2: PURPOSE: mission business with - The purpose of the ' in the limits=estab- •commission is to fished;; in the city .advise%f ,the. Leisure administrative policies • Services :Department,. and budget. the city' manager, and 2-4-12: REMOVAL: the city counciland to Except as provided in make . recommenda- 2-4-10(D)(1), the city tions to the optimum council may remove utilization ;of the Civic anycommissioner-,for Center facilityby the good cause. widest possible range 2-413 POWERS: of users and uses to - The' commission has respond' to community the 'following ;`powers,- needs and demands at duties, and responsi- the least.possible cost 'bilities: to ;the city. A. Provide the city 2-4-3: INTERNAL council with recom- ORGANIZATION AND mendations that fur - RULES: ther the general and.. The commission may specific purposes' of adopt: rules and regu- the commission. lations to govern its B. Recommend the organizational proce- development of finan-: dures as may be dal and other re- . necessary ;,and which sources to support the are not in conflict with short- and long-term this, Code,: " "of .,,Ordi capital " needs 'r of the trances; or the -Iowa? Civic'.': Center i+ facility Code .;'; andits,programs. " --"'--2-4T4: PROCEDURES C. Recommend pro - FOR OPERATION: grams to provide a All administrative, variety of year round personnel, accounting, intellectual, cultural, budgetary, and ; pro enjoyable,and attrac curement' policies of tive leisure time activ- the city.' govern ' the sties" which contribute commission in all its to the physical and.. operations. mental " well being" of - 2 -4-5: MEMBERSHIP: f-2-4-5:'MEMBERSHIP: residents and visitors. A. The commission D. Recommend', comprises'. five . (5) programs which con - residents of the". city, tribute to theeconomic. appointed' by the city base of the community. counciL by encouraging busi- B. Residents must be ness use of the Civic eighteen '(18) years of Center facility. age or older. E. Recommend sche-.' 2-4-6: OATH: Jules- of fees 'and , Each :person,•;upon charges •for; special; appointment or reap- " building services; pointment, - to the equipment, special commission, must exe- building features, and r. cute an oath -of office . rental rates_ ' at the first meeting of F. Recommend infor- the commission 'fol- motional and promo - lowing the appoint- tional programs to ment or reappointment secure the full support or at ,,the city •clerk's and participation of the --office,anytimepriorto community.`. the first: meeting of the, G. Recommend the commission.. "annual operating bud 2 4 7 .TERMS ' . get ,and an ongoing The term of officefor capital improvements commissioners is three budget that provides:a' 1 `(3) .years, or until•,such safe,', -,secure, sanitary, commissioner's," suc- clean, andattractive cessor is appointed facility. and qualified.. H. Recommend devel-: 2 4-8� VACANCIES' opment of community Vacancies must be partnerships related to filleda in: the, -same, tourism for optimum manner as original utilization .of the Civic appointments. Center facility:" .2-4-9: OFFICERS/OR- 2-4-14: SOLICITATION GANIZATION: AND ;ACCEPTANCE "OF, ,; The .commissioners 'DONATIONS must- choose ,annually The commission_rnay a chairperson and Vice solicit donations and chairperson, each.; -to gifts of money; per - serve a:term of one (1) sonal and real pro year., The chairperson perty, and ' personal must appoint a services, which must secretary, who "':need be donated or gifted to not be a memberof the the •City of Dubuque,,. commission. The corn- for the general support missioners must fill a of the ` Civic Center vacancy among its,. unless such' donations officers for the re- or gifts are designated mainder of the officer's . by the donor for 'a unexpired term. specific purpose. 2-4-10: MEETINGS Section .2. Nothing A. Regular Meetings:. herein effects.the term The commission.Must . of'any person serving meet quarterly. :as a 'commissioner°as , B. Special Meetings. of the effective -date of Special= meetings may this Ordinarice. , be called ' by the : Section 3 ,Tl isc chairperson or' at the' Ordinance takes ei;Fect., written' request of a upon publication majority of the;; corn- Passed, approved, rnissioners. and adopted the 19th C. Open, Meetings. All day of October, 2015. meetings must be' 1/s/Roy D. Buol„Mayor called and held m Attest /s/Kevin S. conformance withrthe Firnstahl, City Clerk i. Iowa Open Meetings •. ",-Published officially in Law..` .`the. ,Telegraph.' Herald. D. Attendance newspaper on the 23rd 1. In the event a :day'of October, 2015:' commissioner has /s/Kevin S. Firnstahl, been 'absent for three City Clerk ' (3) • or more consec it 10/23 utive meetings of the_ commission, without: beingexcused,; by the OFFICIAL chairperson, such ab PUBLICATION sence will be .grounds ORDINANCE NO.66-15 for the commission ,to AMENDING CITY OF recommend to the city DUBUQUE CODE `,OF: council that the ORDINANCES TITLE 2 position . be ,declared BOARDS AND COM=:. vacant and a: re- MISSIONS' :BY • 'RE placement appointed. PEALING CHAPTER 4 2.,Attendance must be CIVIC CENTER ADVI,-' entered upon'. the min: SORY COMMISSION utes of all meetings., AND ADOPTING 'A E.:Minutes. A"copy of NEW” CHAPTER 4 the minutes of all CIVIC CENTER ADVI- " regular and special SORY COMMISSION ' meetings of the IN LIEU " THEREOF commission must be :I ESTABLISHING THE filed with the city CIVIC CENTER. ADVI- council within :ten (10) SORY COMMISSION' working daysz• after AND PROVIDING FOR each meeting, or by THE P.OWERS, OPER- the next regularly ATION, MEMBERSHIP, scheduled city 'council AND MEETINGS" meeting, whichever is NOW, THEREFORE, later: BE IT ORDAINED BY F. Quorum. Three .(3) THE CITY . COUNCIL commissioners, con - OF `.THE" :CITY , ;QF stitute :a quor,uni `"for, DUBUQUE, IOWA:- ' the ::transaction; .of Section 1., Title 2 business The affir Chapter4 of the City of matiue vote of a • Dubuque -;Code 'of majority of the': Ordinances' is hereby commissioners present repealed and the and voting is necessary following adopted in for the adoption of any,. lieu thereof: motion or resolution. Chapter 4' 2-4-11: COMPENSA- CIVIC:CENTER TION: ADVISORY. ' Commissioners serve COMMISSION •