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Code of Ordinances Amendment - Title 10 Park and Recreation Commission Copyrighted July 2, 2018 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment- Title 10 Park and Recreation Advisory Commission SUMMARY: City Manager recommending approval of an ordinance which adds a new Section 10-5A-2 which establishes the Park and Recreation Advisory Commission and provides for the powers, operation, membership and meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10-5A-2 Park and Recreation Advisory Commission and adopting a new section 10-5A-2 Park and Recreation Advisory Commission in lieu thereof Establishing the Park and Recreation Advisory Commission and providing for the Powers, Operation, Membership, and Meetings SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Park and Recreation Advisory Commission-NNM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commission — Park and Recreation Advisory Commission DATE: June 25, 2018 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. City Attorney Crenna Brumwell recommends City Council approval of an ordinance which adds a new Section 10-5A-2 which establishes the Park and Recreation Advisory Commission and provides for the powers, operation, membership and meetings. The Park and Recreation Advisory Commission was originally established in March 1925. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF UB E MEMORANDUM Masterpiece on fhe Mississippi CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 22, 2018 RE: Boards and Commissions — Park and Recreation 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 Park and Recreation Advisory Commission, which was established in March 1925. For this ordinance, a new Section 10-5A-2 is adopted which establishes the Park and Recreation Advisory Commission and provides for the powers, operation, membership, and meetings. The Parks and Recreation Commission reviewed this ordinance at their June 12, 2018 meeting and recommended City Council approval. 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. 22-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE A ADMINISTRATION BY REPEALING SECTION 10-5A-2 PARK AND RECREATION ADVISORY COMMISSION AND ADOPTING A NEW SECTION 10-5A-2 PARK AND RECREATION ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE PARK. AND RECREATION 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. Section 10-5A-2 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: 10-5A-2: PARK AND RECREATION ADVISORY COMMISSION: A. Commission Created: There is hereby created the Park and Recreation Advisory Commission. B. Purpose: The purpose of the commission is to advise on the general beautification and maintenance of the city, parks, trails and open spaces and facilities, advise and recommend the provision of facilities for active and passive parks and recreation and advise and recommend year-round opportunities for organized, inclusive recreation activities for all residents. C. 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. D. Procedures for Operation: AH administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. E. Membership: 1. The commission comprises seven (7) residents of the city, appointed by the city council. 2: Residents must be eighteen (18) years of age or older. F. 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. G. Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. 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. J. Meetings: 1. Regular Meetings: The commission must meet not less than bi-monthly. 2. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance: a. 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. b. Attendance must be entered upon the minutes of all meetings. 5. 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. 6. Quorum: Four (4) 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. K. 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. L. Removal: Except as provided in 10-5A-2(J)(4)(a), the city council may remove any commissioner for good cause. M. Powers: The commission has the following powers, duties, and responsibilities: 1. Provide the city council with recommendations that further the general and specific purposes of the commission. 2. Recommend the annual operating budgets and ongoing capital improvements budgets. 3. Recommend establishment of or changes to fees, user fees, or rental fees. 4. Recommend issuance of permits, rental or special use agreements for public use of all park and recreation facilities for activities outside of the Special Events permit process. 5. Recommend development of community partnerships, agreement, leases and/or plans specific to the Department. 6. Recommend the establishment of policies, rules and regulations or ordinance changes governing the use of all grounds and facilities that have been or may be set aside as public parks, trails, open spaces, playgrounds, and other such park and recreation facilities. Such recommendations include but are not limited to opening and closing hours for the use of all park and recreation facilities by the general public. 7. Recommend the establishment of general rules and regulations for all park and recreational programs provided by the city, including fees for league participation, facility usage and rentals by the public. 8. Recommend agreements, leases and other methods to cooperate with the Dubuque Community School District, Holy Family school system, non -profits and other groups interested in the promotion and implementation of recreational activities which are in the best interest of the city. 9. Recommend conceptual and/or final park and recreational area related development plans. N. Solicitation and Acceptance of Donations: The commission may solicit donations and gifts of money, personal and real property, and personal services. All such donations and gifts will become the property of the city for the general support of park and recreation programs unless such items have been designated by the donors for specific purposes. Section 2. Nothing herein affects the term of any person serving as a member of the commission as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted this 2nd day of July, 2018. Attest: Kevir2'S. Firnstahl, pity Clerk Roy D. Buol, Mayor 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: July 6, 2018, and for which the charge is $75.70. Pd Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this MO day of , 20/I. . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 22-18 AMENDING CITY OF DUBUQUE CODE OF 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECRE- ATION, ARTICLE , A ADMINISTRATION BY REPEALING SECTION 10-5A-2 PARK AND RECREATION - ADVI- SORY COMMISSION AND ADOPTING A NEW SECTION 10-5A- 2 PARK AND RECRE- ATION ADVISORY COMMISSION IN LIEU THEREOF ESTABLISH ING THE 'PARK AND RECREATION ADVI- SORY ' COMMISSION AND PROVIDING FOR THE POWERS, OPER- ATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE ITORDAINED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10- 5A-2 of the City of Dubuque Code of Ordi- nances is hereby re- pealed and the following adopted in lieu thereof: 10-5A-2: PARK AND RECREATION ADVISO- RY COMMISSION: • A. Commission Creat- ed: There is hereby cre- ated reated` the Park and Recreation Advisory Commission. B. Purpose: The pur- pose of the -commis- sion is to advise on the~ missioners. general beautification; 3. Open Meetings: All and maintenance of meetings' must be''.. the city, parks, trails called and held in con- I and open spaces and I formance with` the, facilities, advise and Iowa Open Meetings recommend the provi- Law, sion of facilities for ac- 4.: Attendance: tive and passive parks a. In, the event a com- and recreation and ad- missioner has been ab - vise and `, recommend sent for three (3) or li : year-round opportuni- more ;-` consecutive I ties for organized, in- meetings of the corn:' clusive recreation mission, without being activities for all resi- excused by the chair - dents. person, such absence, C. "Internal Organiza- will be grounds for the 1 tion and Rules: The commission to recom- commission may adopt mend to the city coun- rules and regulations cil that the position bel to govern its organiza- I declared vacant anda -tional procedures as replacement appoint -i may be necessary and ed: which are not in con- b. Attendance must, flirt with this Code of be entered upon the Ordinances or the Iowa minutes of all meet - Code. ings. • • D. Prdcedures for Op- 5. Minutes: A copy of eration: All administra- [ the minutes of all regu tive,' personnel, ac- lar and special meet - counting, budgetary, "ings of the commission and procurement poli- must be filed with the cies of the city govern i city council within ten the commission in all (10) working days"after', its operations each meeting,l. or by i E. Membership: I the next regularly 1. The commission scheduled city council comprises ' seven (7) meeting, whichever is residents of the city, later. appointed by the city 6. Quorum: Four (4) council. - commissioners; consti- 2. Residents, must be tute a quorum` for the eighteen (18) years of transaction of busi- age or older. ness. The " affirmative F. Oath: Each person, vote of a majority of upon appointment or I the commissioners reappointment to the present and voting is commission, must exe- necessary for the cute an oath of office " adoption of any motion at the first meeting of or resolution. the commission follow- K. Compensation: ing the appointment or . Commissioners serve reappointment ,.or ; at without compensation, the cityclerks office provided that they may any time prior to the 1 receive reimbursement first meeting+ of the for ; necessary travel commission./ and . other expenses G..Terms:`The term of while on official com office for commission-- mission business with ers is three (3)-' Years or. in the limits estab- until such commission- fished in the city ad- ers successor Is ap- ministrative policies pointed and qualified. , and budget. H. Vacancies: Vacan- L. Removal: Except as cies must be filled in ' provided, in 10 -5A -2(J) the same manner as (4)(a), the city,council original appointments. ' may; remove any com- l. Officers/Organiza- missioner ' for good tion: The commission- i • cause. • ers must choose M.' Powers: The corn- annually omannually 'a 'chairperson mission has the follow and vice -chairperson, ing powers, duties, and each to serve a term of responsibilities: one. (1) year. The chair- 1;' Provide the city person must appoint al council with recom- secretary, who need mendations that fur - not be a member of the ther the general and commission. The com- [ specific purposes of missioners" must fill a the Commission. vacancy among, its offi- I 2. Recommend the an- cers for the remainder nual operating budgets of the officers unex- and ongoing capital im- pired term provements budgets. J. Meetings: 3. Recommend estab- 1. Regular 'Meetings: lishment of or changes The commission must to fees, user fees, or meet not less than biz rental fees. monthly. 2. Special>Meetings: Special hleetirigs3 may be called`ffy,he' chair- person',oat'tfd writ- ten' request of a majority of ; the corn- +I • 4. Recommend is- suance of permits, rental or special use agreements for public use "of all park and recreation facilities for activities outside of:the Special Events permit process, 5. Recommend, devel- opment of community partnerships, agree- ment, leases and/or plans specific to the Department. 6. Recommend the es- tablishment of policies, rules and regulations. or ordinance changes governing the use of all grounds and facilities _) that have been or may be set aside as public ' parks,' trails, open spaces, playgrounds, and other such park and recreation facili- ties. . Such 'recommen- dations include but are I not limited to opening, I and closing+'hours for the use ,of. all park'. and, recreation facilities by the general public. 7. Recommend the es- tablishment of general rules and regulations. for all park and recre- ational programs'pro_- i, vided rlbY the rcity:.."1 including fees for .i league.:- participation, facility ` 'usage" and rentals by the public. 8. Recommend agree- ments, leases and -oth- er methods to coop- erate with the Dubuque Community School Dis- trict, Holy •''" Family, . school : system, non- profits and. other groups interested in the promotion and im- . plementation of, recre- ational activities which are in the best interest of the city [ 9. Recommend con-. ":1 cmeepnttuapll an`and/or`'' final park and recreational area-," related develop- s. N. Solicitation and Ac- ceptance of Donations: The commis'sion may , I solicit donations and gifts of money, person- , al and .real property, person- 1, personal services. AII•such donations and gifts will ,become the.! property of the city for the general support of park and, recreation programs". unless such items have been desig- natedby the donors for specific -purposes. Section ,2. Nothing" herein affects the term' of any person serving as a member of the commission as of the effective date of this Ordinance. Section`3. This Ordi- nance takes.. effect upon publication. Passed, approved, and d adopted this 2nd day of July, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in �he Teraph� Herald new'spperbn the 6th dayofJuly, 2018. /s/KevinS. Firnstahl, City Clerk 1t 7/6