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Parks&Rec Commission Ordinance I'/Iendian Pa:i\s & Recreation Memo RECEIVED DEe 15 2003 To: Mayor and City Council Doug Strong, Director IJJ City of Meridian City Clerk Office From: Date: December 12, 2003 Re: Remote Control Car Track, Park and Recreation Commission Ordinance, Meridian Youth Baseball Concept for Settler's Park, and Picnic Shelter reservation fees. During the November and December Park and Recreation Commission meetings the following items were reviewed and passed by the Commission to be sent forward to Mayor and Council. The Parks Staff is requesting four items under the consent agenda for your January 06th or 13th meeting, which are listed below. 1. Snake River Racing is a local club of remote control car enthusiasts who are looking for a more central valley location for a track for club activities as well as region wide sanctioned races. The five-acre parcel next to the Meridian Police Department has been proposed as a possible site because of its proximity to the freeway. The track would occupy an area of approximately 250 feet by 175 feet and would be constructed and maintained entirely by the club. A sketch of the track area is attached. 2. The Parks and Recreation Commission are submitting a draft of their proposed ordinance for Council review and action. The draft has been through several edits and has been reviewed by the city attomey, Bill Nichols and by Doug Strong. The Commission sub-committee made the edits that appear in red and Doug Strong made the edits in green. The sections that are bolded are those of Bill Nichols comments. The Commission approved the draft, as it appears with the exception that all Page 1 . Page 2 references to the Department shall appear as the Parks and Recreation Department. A draft of the proposed ordinance is attached for review and action. 3. Conceptual drawings of the proposed baseball complex by Meridian Youth Baseball were reviewed and approved by the Parks and Recreation Commission. This complex is proposed to be developed on the Westem portion of Meridian Settler's Park. The concept drawings have also been reviewed by staff and are ready for review and action by the Council. Construction drawings will be developed once Council approval is received. Drawings are attached. 4. Lastly, proposed fees for the picnic sheltels at Chateau Park and Meridian Settler's Park are attached for Council review and action. Once approved, the shelters will be added to the Department's shelter reservation list and made available in the spring of 2004. The proposed fees are consistent with the fees currently being charged for shelters of the same or similar size that are in the Department's reservation system. NOTE: Several references in the draft refer to "Board" when it should refer to "Commission." These should all be changed. CHAPTER 2 PARKS AND RECREATION COMMISSION 2-2-1: ESTABLISHMENT, MEMBERSHIP, TERMS, VACANCIES: A. Commission E~lished: There is hereby established a Meridian Parks and Recreation Commission of the City. This provision is the same as current code. B. Membership; Compensation: 1. This Parks and Recreation Commission shall consist of seven (7) members. Any four (4) members of the Commission shall constitute a quorum for the transaction of any business of the Parks and Recreation Commission. Members of the Commission shall be appointed by the Mayor and approved by the City Council on a vote of one-half (1/2) plus one of the Council members, and Commission members may, in like manner, be removed. This provision deletes a reference to no salary for commission members (but that is provided elsewhere in the revision). It adds a quorum definition. 2. All members of the Parks and Recreation Commission and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Commission to properly transact and attend to its business. The budget for Commission equipment and supplies shall be provided for them through the Parks and Recreation budget. This proVision carries the no salary provision but adds a requirement that the City provide equipment and supplies. This implies that the budget will contain provisions for equipment and supplies for the Commission. This provision should be adopted only if the Council intends to budget for Commission equipment and supplies or otherwise provide for them through the Parks budget. 3. Residents who reside within the City limits, or area of impact and are a minimum of eighteen (18) years of age are eligible to serve on the Parks and Recreation Commission. No more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits. Page 1 of7 This changes the composition of the commission by eliminating a mandatory one member from the area of city impact and a maximum of three. It allows one or two members from the area of impact, but no such appointment is mandatory. It may be necessary to change the wording to allow for one mandatory position in order to obtain County approval of the adoption of Park Impact Fees for the area of impact. The provision adds a youth member which would be a voting position. The main problem with that is It conflicts with the number of members set forth in B.1., and puts the total members at an even number which can result in tie votes with no tiebreaker. One suggestion would be to make the youth position ex-officio thereby allowing for input. The wording for this should also be revised as the current wording is awkward. 4. One member of the Meridian City Council, the City's Parks and Recreation Director, one member who represents the administration of the Joint School District No.2, Ada County, State ofIdaho, and an additional position may be added to represent tI=le youth voioe of which may be, at the time of appointment, under eighteen (18) years of age. All shall serve as ex- officio members with no vote. This provision is the same as current code. C. Terms of Office: 1. Each Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of up to one (l) year and may be reappointed to up to three (3) successive terms. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the first term expiring. Reappointments are at the discretion of the Mayor, with confirmation by the City Council. Ore-insert stagered term rotation language from current ordinance. This provision eliminates the staggered term language. It should be reinserted so appointments to mid term vacancies do not affect the staggered rotation. 2. Vacancy: When vacancy occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. (Ord. 822, 4- 20-1999) Page 2 of7 This provision Is the same as the current code. 3. A subcommittee of three (3) individuals of the Parks and Recreation Commission will review the application and submit a recommendation to the Mayor. The location of the applicant's residence, in order to provide a representation based upon geographic areas and population will be given strong consideration. This provision is the same as found in 2.2.1 B. in the current code 2-2-2: ORGANIZATION; RULES AND REGULATIONS: A. Officers: At the December meeting of each year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members President, Vice President and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission. This provision changes the time of election of officers from the beginning of the fiscal year to the end of the calendar year. If the terms of appointment run from the beginning of the calendar year, this may not make much difference. It may simply be a reflection of what would be a better practice. B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Parks and Recreation Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. (Ord. 822,4-20-1999) This provision is the same as the current code. 2-2-3: DUTIES: It shall be the duty of the Parks and Recreation Commissioners to work in conjunction with the Parks Department staff to advise the Mayor and the City Council in the orderly and efficient administration of the city Parks and Recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation: There are major changes In this section. City Council needs to decide whether the Commission remains a recommending body or whether it moves into more policy making and supervision. Some rule making is Page3 of 7 subject to council approval, but other language Implies more authority for the Commission. The reference to cemeteries should be deleted. A. Supervision of Recreation Areas: 1. To advise the Parks and Recreation Department staff, the City Council, and the Mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the City for park and recreation purposes, and as such to difeet make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks; This provision makes the Commission the superintending body for parks with the ability to direct how parks are landscaped and laid out. Currently that responsibility rests with the Mayor and Council. 2. To study the economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public park grounds, park and playground facilities in the City; This provision is acceptable. 3. To propose and promulgate recommend rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; Subject to approval by the Mayor and City Council. Promulgating rules Is policy making. Although later in the draft it refers to Council approval, it is not clear if the Council has much discretion. If the Council wants the Commission to promulgate rules and regulations, better wording would be to preface such provisions with "Subject to approval by the City Council..." or it could say "Makes recommendations to the Mayor and Council for ..." 4. To study and propose plans, and preffilHgate recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places; This provision is acceptable. 5. To represent the public interest in making suggestions and recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities; This provision is acceptable Page 4 of7 . 6. To propose plans, recommendations and suggestions for the future growth development and regulation of park, playground, and recreation facilities of the City This provision is acceptable 7. To set priority to plans, recommendations and suggestions for the future growth development and regulation of park, playground and recreation facilities of the City. Subject to approval by the Mayor and City Council. This provision allows the Commission to determine priority for plans, future growth, etc. Since these Items are so closely tied to fiscal issues, the final decision should rest with the City Council. 8. To propose plans, recommendations, and suggestions to the annual budget to be submitted by the Parks Director for the projects and expenditures for the next fiscal year prior to the budget proposal being submitted to City Council for approval. This provision involves the Commission in budget planning. This can be acceptable if It is modified to constitute a recommendation, and so long as the Parks Director can submit his/her own vision for the budget since that is one of this department head's job duties. 9. To suggest and recommend such rules and regulations necessary and desirable to carry out the intent of the Chapter This provision is acceptable. 10. To review and comment on the Parks and Recreation Department's Comprehensive Plan and Action Plan This provision is acceptable. 11. To review and comment on the City's Comprehensive Plan as that plan relates to Parks and Recreation This provision is acceptable. 12. Ta FepFeseBt the piHllie mtllfElst in makiftg reeammeBllatisfls to tho Mayer aRE! tt:le City COIJAsil fer the emplaymeBt efthe plH'k ana rsereatisB ageBSY Meter. If reQuested bv the Mavor. to review candidates for Parks and Recreation Director and make recommendations to the Mavor reaardina those candidates. Page 5 of7 . This provision places the Commission in the hiring process as well as recommending use and control of the parks, etc. I would suggl!lst that the second phrase regarding use of parks is redundant with the ability to make or recommend rules and regulations and therefore the second phrase can be deleted. As to hiring, since the Mayor has the statutory obligation to appoint department heads, I suggest that this provision be modified to read: "If requested by the Mayor, to review candidates for Parks and Recreation Director and make recommendations to the Mayor regarding those candidates." Such discussion may qualify for executive session. 13. To suggest and recommend such rules and regulations necessary and desirable to carry out the intent of the Chapter and to improve and correlate the problems of governmental administration of all recreation and leisure programs of the City; This provision is acceptable. 14. To appoint members of the commission to subcommittees to provide community information to the Parks and Recreation Commission concerning particular facilities or programs of the park and leisure movement of the City. This provision carries appointive powers which are generally held by the Mayor. Perhaps adding "Subject to approval by the Mayor," to the beginning of the sentence would clarify roles. AIl1ll1es and regulatisas fSRfllIlated, prspssed and Jlfeffilllgates by actions of the Parks and Recreation Commission shall be apprsyed llfld Fllti4led subiect to approval by the Mayor and Council and after such approval !illS Fatif1eatisa shall have the force and effect of ordinance. AIl rules and regulations of the Parks and Recreation Commission now in effect shall remain in full force and effect until amended, altered or repealed. B. Advisory Status: The Parks and Recreation Commission shall be deemed advisory and report to the Mayor and City Council. The Parks and Recreation Commission chairman will submit an annual report to the Mayor and Council. (Ord. 822, 4- 20-1999) This provision should be modified to read: "All actions of the Commissioners shall be subject to approval by the Mayor and City Council. When approved, any rules and regulations shall have the force and effect of ordinance." Page 6 of7 . Section 2-2-4 FEES The Parks and Recreation Commission is hereby authorized ana eHlj3Bwerea to make recommendations regarding the establishment of and regl,jlate all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. All rules and regulations pertaining to fees shall be subject to approval by the Mayor and the Meridian City Council. (Ord. 4895,12-30-85; Ord. 5227,4-17-90). This proviSion needs its own number rather than to be stuck at the end as an unnumbered paragraph. I suggest that It be reworded to clarify that fees are suggested or recommended to the Council for adoption rather than "make" or "fixing" fees and charges. This provision is acceptable. 2-2-5: MEETINGS: The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and shall be publicized; the Commission shall allow and promote public participation in the meetings of the Commission. The Commission shall also review and comment on any needed changes to the City's Comprehensive Plan as it relates to Parks and Recreation. (Ord. 822,4-20- 1999) This provision is the same as the current code. Page 7 of7