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
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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.
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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