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HomeMy WebLinkAbout2007-06-18-Ordinance 2607_Regional Quality of Life Committee, EstablishORDINANCE NO.2607 AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT,POWERS AND DUTIES OF THE REGIONAL QUALITY OF LIFE COMMITTEE,AN ADVISORY COMMITTEE OF THE CITY OF WAUKEE. WHEREAS,the City of Waukee desires to protect and promote the health,safety, welfare and quality oflife of Waukee residents by establishing an advisory committee for the purpose of directing the disposition and use of funds for the promotion of Regional quality of life programming,services and amenities and WHEREAS,the City of Waukee desires to protect the general health,safety,welfare and quality of life of the public by establishing an advisory committee for the purpose of directing the disposition and use of funds for the promotion of Regional quality of life programming,services and amenities. NOW,THEREFORE,BE IT ORDAINED by the Council of the City of Waukee that the following should be and the same is hereby enacted as follows: Section 1.Chapter 229 of the Waukee Municipal Code is enacted as follows: 229.1 Purpose.The purpose of this ordinance is to provide for the establishment of a Regional Quality of Life Committee as an advisory committee of the City of Waukee. 229.2 Definitions.For the purposes of this ordinance,the following words and phrases shall have the following meanings: A."Committee"shall mean the Regional Quality of Life Committee. B."Council"shall mean the Waukee City Council. C."Region"shall be defined as the communities or geographic areas within a 30 mile radius of Waukee. D."Regional Quality of Life Facilities"shall mean indoor and/or outdoor facilities that are owned and/or operated either by the City or surrounding communities in the Region,or other non-profit,tax-exempt corporation,duly organized and in good standing under Iowa law located within the region, which provide quality of life programming,services or other amenities of a regional and/or local nature,and have a service area that includes regular attendees or users residing in Waukee,including:venues that promote the production,exhibition,advancement,or preservation of the arts,music, theater,dance,literature,natural history or cultural history;venues that host Regional sporting events including motor sports facilities;venues used for Regional,state,multi-state or national events,meetings or conventions; Regional parks and outdoor recreational facilities;fairgrounds;and other similar Regional facilities as determined by the Committee. E."Regional Quality of Life Fund"shall mean the fund established to receive that portion of the funds from the one (1)percent sales tax increase effective January 1,2008,as set forth in the ballot,if passed,to be used in a manner determined by the City Council,after consideration of the recommendations of the committee in accordance with this Ordinance. 229.3 Committee Members.The Regional Quality of Life Committee shall consist of not less than seven (7)citizen members and one (I)council member.All committee members,other than the council member,are to be appointed or re-appointed by the mayor with the approval of the council and are subj ect to removal without cause by the mayor and/or council.The council member is appointed annually by the mayor and shall be a non-voting member of the committee.The City Finance Director shall be an ex- officio member of the committee and shall attend all meetings. 229.4 Qualifications of Committee Members.This committee is made up of residents of the City of Waukee,Iowa,and all shall be over the age of eighteen (18). 229.5 Organization of Standing Committees. A.Length of Terms.With the exception of the council member,who shall be appointed annually,all appointments to the Regional Quality of Life Committee shall be for Four (4)years,except to fill vacancies.Members may be appointed for successive terms.Each term shall commence on January 1st with appointment being made during the council meeting held on the first Monday in January.The initial appointees for 2008 are to be staggered in their terms of assignment in such a manner that: Four (4)members are to be assigned to a Two year term Three (3)members are to be assigned to a Four year term B.Vacancies.The position of any committee member shall be vacant if the member moves permanently from the city;or if he/she is absent without due explanation from four (4)consecutive meetings of the committee,except in the case of sickness;or if he/she is removed by the mayor with the approval of the city council.The mayor,with approval of the council,shall fill any vacancy by appointment of a new committee member to fill the unexpired term as soon as possible and for no reason shall such vacancy remain for more than four (4)months. C.Ouorum and Voting.A quorum shall be required at all meetings constituting a majority of all members appointed to the committee.All action or recommendation by the committee,if any,shall require a majority vote ofthe whole number of members in attendance at any such meeting. D.Officers.Officers of the committee shall include a chair person and vice chair person.Each shall be elected for a one year term by a maj ority vote of the whole number of members appointed by the council. E.Compensation.The committee members shall receive no compensation for their services. 229.6 Powers and Duties. A.General. a.The Regional Quality of Life Committee,as an advisory committee, shall perform the continuing function of recommending criteria to the City Council for the Regional Quality of Life Facilities to meet in order to be eligible as a recipient of funds from the Regional Quality of Life Fund for the Council's consideration.The Committee shall also solicit applications from Regional Quality of Life Facilities.The Committee shall review all applications and determine that the applicants meet the established criteria.Upon such review,the Committee shall present findings and recommendations to the Council with regard to the use and disposition of the portion of the one (I) percent sales tax dedicated to the Regional Quality of Life Fund on or before January 30th of each Calendar year. b.All funds allocated to the Regional Quality of Life Facilities shall be expended by the City Council,after due consideration of the recommendations of the Regional Quality of Life Committee,for the purpose of making grants to Regional Quality of Life Facilities,as defined above,and meeting the criteria as developed by the committee and approved by the Council.Funds shall be used for the acquisition, construction,renovation,and/or maintenance of Regional Quality of Life Facilities- 1.With regard to a new Regional Quality of Life Facility or the substantial expansion of a Regional Quality of Life Facility,no funding shall be recommended by the Committee and approved by the Council unless (a)the funding is consistent with the Council-approved long-range funding plan,(b)there is a specific finding by the Council to the effect that the new or expanded facility will not have a materially adverse impact on other existing facilities that serve the same purpose or function and offer equivalent services or attractions to residents in the Region. ii.Funding shall have the goal of sustaining and enhancing the growth and quality of a diverse group of well managed and financially sound Regional Quality of life Facilities in the Region. 111.Matching funds and other funding sources shall be encouraged and viewed favorably in the evaluation of applications for grants and/or funding,although they are not mandatory. c.Each year the Committee shall establish recommended priorities for the funding of Regional Quality of Life Facilities and transmit the same to the Council for its consideration.The Council shall give appropriate consideration to the recommendations of the Committee, but shall not be obligated to follow them. d.A long-range funding plan shall be developed by the Committee,in its advisory role,and presented to the Council for its consideration. Periodic updates of the Plan shall be developed by the Committee,in its advisory role and submitted to the council for consideration.The long-range funding plan shall take into account the expected market demands and financial requirements for the facilities to be funded. e.Each distribution from the Regional Quality of Life Fund shall be documented in a grant agreement between the Council and the applicable community in the Region or other recipient non-profit,tax- exempt corporation,duly organized and in good standing under Iowa law,under which the recipients shall agree to utilize the grant proceeds solely for the purposes set forth therein,and to provide the Council with such follow-up reports and accounting of the grant proceeds as the Council may reasonably request. ) B.Election of Officers.After each annual appointment is made,the Regional Quality of Life Committee members shall elect a chair and vice chair in the mauner set forth above at the first meeting of the committee for the year. C.Meetings.The Regional Quality of Life Committee shall meet at least four times per year and at a time and place to be determined by the committee.The first meeting of the year shall be held within three (3)months ofthe yearly appointment of the new members. D.Records.The Regional Quality of Life Committee shall keep a record of all its meetings as well as any criteria established;applications received;and investigations, reports,long-range plans,and recommendations made by the Committee.The use of the revenues during each fiscal year will be detailed in a report filed with the City Clerk on or before July 30 of each year. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Saving Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity or the ordinance as a whole or any section,provision,or part not adjudged invalid or unconstitutional. Section 4.Effective Date.The ordinance shall be in effect after its final passage, approval,and publication as required by law. Passed by the City Council of the City of Waukee,Iowa,this IStl'day of June 2007,and approved this is"day of June 2007.I Attest: ~~<'illiam F.Peard,Mayor