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Code of Ordinances Amendment_Title 2 Environmental Stewardship Advisory CommissionTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commissions - Environmental Stewardship Advisory Commission DATE: July 15, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 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. The Environmental Stewardship Advisory Commission was originally established in December 1993. Assistant City Attorney Crenna Brumwell recommends City Council approval of an ordinance with a new Title 2, Chapter 6 which establishes the Environmental Stewardship Advisory Commission and provides for the powers, operation, membership and meetings. I concur with the recommendation and respectfully request Mayor and City Council approval. Ws, 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 Masterpiece on the Mississippi MEMORANDUM CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: July 16, 2014 RE: Boards and Commissions — Environmental Stewardship 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 Environmental Stewardship Advisory Commission, which was established in December 1993. For this ordinance, a new Title 2, Chapter 6 is adopted which establishes the Environmental Stewardship 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. 55-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE ENVIRONMENTAL STEWARDSHIP 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 .6 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 2-6-1: COMMISSION CREATED: There is hereby created the Environmental Stewardship Advisory Commission. 2-6-2: PURPOSE: The purpose of the commission is to advise the city council on environmental issues; to educate on environmental issues; and to promote environmental stewardship. 2-6-3: 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. 2-6-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-6-5: MEMBERSHIP: A. The commission comprises seven (7) residents of the city, appointed by the city council. B. Qualifications. 1. One (1) commissioner will be appointed to represent those who will inherit the environment. Such commissioner must be under the age of thirty (30) at the time of appointment. 2. Six (6) commissioners will be appointed to represent diverse segments of the city's population. 3. It is desirable to select some commissioners who may have backgrounds with environmental/biological science, healthcare, business/industry, and environmental/civic groups. 2-6-6: 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. 2-6-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-6-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-6-9: 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. 2-6-10: MEETINGS: A. Regular Meetings. The commission must meet monthly. 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. 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. 2-6-11: 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 budget. 2-6-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after a public hearing. 2-6-13: POWERS: The commission has the following powers, duties, and responsibilities: 1. To develop, articulate, and propose goals, objectives, and policies to the city council for the stewardship of the city's environment and its ecological systems for present and future generations. 2. To advise and inform the city council on environmental stewardship issues, including the implementation of and compliance with legislation, regulations, and policies. 3. To hold public forums on specific issues at the direction of the city council. 4. To provide, upon request, to other boards, commissions, and city departments, information for environmental educational programs, educational materials, and environmental volunteer opportunities. 5. To provide input to the Long Range Planning Advisory Commission regarding environmental stewardship issues in the comprehensive plan. 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 18th day of Aust, 2014. Roy D. Buol, ayor Attest: Kevin S. Eirnstahl, City Clerk I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. (Motion B) Vote — Then I move final consideration and passage of the Ordinance. (Motion A) If Motion B does not pass: I move to receive and file the communications and I move first (second or third) consideration of the Ordinance. (Motion A) STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION 01? PUBLICATION I. Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Ilerald,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: August 22, 2014, and for which the charge is $64.31. Sit"— Pdie Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a day of e g , 20 /e- . otary Public in and for Dubuque County, Iowa. MARY K. WEsTERMEYER Commission Number 154885 yawn My Corn,a. Exp. FEB, 1, 2017 OFFICIAL ' Ment or reappointment PUBLICATION to the •commission, ORDINANCE NO. 65-14 'must, execute an oath AMENDING CITY OF 'of Office at the first DUHUQUE CODE OF I meeting of the conn- ` ORDINANCES TITLE 2 mission following the` BOARDS 'AND COM` appolntrnentor, reap-. MISSIONS BY '- poIntmeht or et the REPEALING CHAPTER city Clerk's office any • 6, 1 -ENVIRONMENTAL, I time• prior to ',MCfirst ADVI- : meeting,: of the cohl SONY COMMISSION mission AND - ADOPTING A 2 -6 -7:‘ -`TERMS: 'The , NEW CHAPTER 6 EN- term of office for corn- t VIRON M EN T A L i misslofiefs, is; three ($),: STEWARDSHIP ADVI- Years or ugsil such SONY. .COMMISS ON -.r commissioner' suc-i IN LIEU, THEREOF ES- cessor Is appointed: TABLISHING THE EN- '; and qualified,; VIRONMENTAI. ', 2.6-8: VACANCIES: STEWARDSHIP ADVI- 1; Vacancies, must be fit -1 'SONY .'COMMISSION led in the same manner AND PROVIDING FOR as original; appoint THE POWERS, OPER- ments. • ATION,MEMBERSHIP, 2-6-9: OFFICERS/OR AND MEETINGS ' GANIZATION:The com-1 NOW, THEREFORE, BE missioners must IT ORDAINED BY THE choose - annually a CITY 'COUNCIL OF THE chairperson and vice CITY OF DUBUQUE, 10 ; chairperson,': each toy' WA: ; - serve a tern] of one (1). Sectloh 1, Title 2,' Year. The ohairpersonl Chapter 6 of the City of - - must appoint a secre- Dubgque Code of Ordi- tart', who need not be a' nances Is hereby re- member of the corn-ness,within the limits pealed and the follow- rnlsslon. The commis- established In the clty ing adopted In lieu .'stoners must fill a va- administrative' policies - thereof: bailey among its off l- budget. • CHAPTER 6 cers for the. remainder I '.2-642: REMOVAL: The ENVIRONMENTAL.. of the officer's ;city ,council • may re STEWARDSHIP - unexpired term. -movany commission - ADVISORY 2-6-10: MEETINGS: er for causeupon writ - COMMISSION )1 A. Regular Meetings. 'ten charges and after a 2-6-1: COMMISSION : The commission must public hearing. CREATED: There Is ,meet monthly, ' 2-6-13: POWERS; ship Advisory Commis- be called by the chair - hereby created the En-` - B. Special Meetings. es; The commission has vironmental Steward- Special E. :ti meetings may the. following powers, -duties, and responsibil- slon• - person or at the writ - hereby 6-2: PURPOSE: The ten request of a majojl- 1. To develop, articu- r purpose, of the ,cornty of the commissioh- , late, and -propose messiah Is to advise the ers f,� ; goals, objectives, and 1 city council off aenyiron :