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10.4 SR 03-18-2024City of Elk - River To City Council Meeting Date March 18, 2024 Request for Action Item Number 10.4 Prepared By Cal Portner, City Administrator Item Description Reviewed by: Parks and Recreation Commission Ordinance and Cal Portner Conflict of Interest in Multipurpose Facility Advisory Joe Stremcha Commission Ordinance Tina Allard Action Requested Receive information and provide staff direction. Background/Discussion Staff has reviewed ordinances for commissions and boards and attempted to simplify and improve the consistency of each commission ordinance that enables the commission and directs their duties. One result is operational bylaws, the basic meeting procedure and schedule, which have been removed from the ordinance and added to a new template for each commission to set and be approved by the council. This will allow for schedule changes that don't require an ordinance amendment. The City Council reviewed these changes at their last regular meeting work session. At the time, we were missing the Park and Recreation Commission as we wanted the commission to review their assigned duties and ensure they were still applicable. The Park and Recreation Commission ordinance was last amended in 1982. The commission did not meet last month due to a lack of quorum. The commission did meet on March 13 and recommends several updates to the ordinance. Secondly, Mayor Dietz inquired regarding our Conflict of Interest Ordinance and the setting of fees by the Multipurpose Facility Advisory Commission. The question was posed to the city attorney for direction. Financial Impact N/A Mission/Policy/Goal Attachments I. Park Rec Ordinance Redline 2. Park Rec Ordinance Clean 3. Elk River MN Code of Ordinances Conflict of Interest 4. Memorandum - Campbell Knutson The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 B INAALWIDY engagement that encourages and inspires prosperity 229 DI VISION 3. PARK AND RECREATION COMMISSION' Sec. 2-231. Established. A park and recreation commission for the city is hereby established. Sec. 2-232. Membership. The Park and Recreation Commission shall consist of seven members appointed by the City Council. It is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. Sec. 2-233. Purpose. The Park and Recreation Commission is established to review and make recommendations to the City Council on the development and organization of the city parks and recreation programs. The scope of the commission shall consist of advising the City Council on matters relevant to city parks and recreation functions. The commission shall participate in the planning for development and acquisition of parks and recreation programs. Sec. 2-234. Powers and duties. (a) The Commission shall prepare, hold hearings on and recommend to the City Council such plans, programs, and policies it deems necessary to carry out the purposes of parks and recreation. Such powers shall include, but not be limited to, the study of and recommendation to the city council on the following: (1) Land acquisition for parks, trails, and recreation facilities. and' recreation P Fpes (2) Plans for and major improvements in city parks, trails, and recreation facilities. (3) Rules and requirements for conduct of and in parks, trails, and recreation facilities. (4) Plans and programs relating to the design and programming of city parks, trails, and recreation facilities. &) Development of a comprehensive city park, trail, and recreation plan and make+Rg recommendations for plan An implementation ef� plan. (6-) Collaborate with Gcity staff and local experts to create a comprehensive natural resources management plan. (7) Assistip� with the promotion of city parks, trails, and recreation facilities. (g) r,,.,duGtir . , did it ,,bees f Gity p@Fks r ^provide feedback on -existing situations and make+ng recommendations on improvements of city parks, trails, recreation facilities, and recreation programs. (219) Col IaborateWwith a=�ety--erfexternaI organizations ++to ensure+eg the offering of an appropriate array of recreation opportunities for the youth and adults of the city. (10-1) Collaborate with C-city staff to ensure the proper maintenance and development of city parks and pa4- ecreation facilities. Page 1 of 2 Page 210 of 229 (11-2) Collaborate with Werk with comity staff in ensuring that appropriate park properties are obtained by the city during the city development platting process. (12-3) Any other plans and programs as may be assigned by the CEity ECouncil from time to time. (b) The commission shall not be considered a park board under state law and shall have no powers to acquire or lease land, employ personnel, or enter icontracts or leases, or any similar powers authorized for a park board by state law. Sec. 2-235. Meetings. The park and recreation commission shall meet regularly each month as established per their bylaws. Sec. 2-236. Reports. The park and recreation commission's reports, conclusions and recommendations shall be made to the City Council as may be requested. Its reports, conclusions and recommendations are purely advisory, and the final determination and responsibility shall be with the City Council. Secs. 2-237-2-249. Reserved. Page 2 of 2 Page 211 of 229 DI VISION 3. PARK AND RECREATION COMMISSION' Sec. 2-231. Established. A park and recreation commission for the city is hereby established. Sec. 2-232. Membership. The Park and Recreation Commission shall consist of seven members appointed by the City Council. It is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. Sec. 2-233. Purpose. The Park and Recreation Commission is established to review and make recommendations to the City Council on the development and organization of the city parks and recreation programs. The scope of the commission shall consist of advising the City Council on matters relevant to city parks and recreation functions. The commission shall participate in the planning for development and acquisition of parks and recreation programs. Sec. 2-234. Powers and duties. (a) The Commission shall prepare, hold hearings on and recommend to the City Council such plans, programs, and policies it deems necessary to carry out the purposes of parks and recreation. Such powers shall include, but not be limited to, the study of and recommendation to the city council on the following: (1) Land acquisition for parks, trails, and recreation facilities. (2) Plans for and major improvements in city parks, trails, and recreation facilities. (3) Rules and requirements for conduct of and in parks, trails, and recreation facilities. (4) Plans and programs relating to the design and programming of city parks, trails, and recreation facilities. (5) Development of a comprehensive city park, trail, and recreation plan and make recommendations for plan implementation. (6) Collaborate with city staff and local experts to create a comprehensive natural resources management plan. (7) Assist with the promotion of city parks, trails, and recreation facilities. (8) Provide feedback on existing situations and make recommendations on improvements of city parks, trails, recreation facilities, and recreation programs. (9) Collaborate with external organizations to ensure the offering of an appropriate array of recreation opportunities for the youth and adults of the city. (10) Collaborate with city staff to ensure the proper maintenance and development of city parks and recreation facilities. (11) Collaborate with city staff in ensuring that appropriate park properties are obtained by the city during the city development platting process. (12) Any other plans and programs as may be assigned by the City Council from time to time. Page 1 of 2 Page 212 of 229 (b) The commission shall not be considered a park board under state law and shall have no powers to acquire or lease land, employ personnel, or enter contracts or leases, or any similar powers authorized for a park board by state law. Sec. 2-235. Meetings. The park and recreation commission shall regularly meet each month as established per their bylaws. Sec. 2-236. Reports. The park and recreation commission's reports, conclusions and recommendations shall be made to the City Council as may be requested. Its reports, conclusions and recommendations are purely advisory, and the final determination and responsibility shall be with the City Council. Secs. 2-237-2-249. Reserved. Page 2 of 2 Page 213 of 229 Sec. 2-132. Intent of division; conflicts of interest prohibited. The credibility of the local government rests heavily upon the confidence which citizens have in public officials and employees to render fair and impartial services to all citizens without regard to personal interest and/or political influence. Thus, city officials and employees must scrupulously avoid any activity which suggests a conflict of interest between their private interests and city responsibilities. Officials and employees of the city, or their family members, shall not engage or have financial interest in any business or other activity which could reasonably lead to a conflict of interest with the official's or employee's primary city responsibilities. Family members of an official or employee shall be deemed to be the official's or employee's spouse, parents, children, siblings, father-in-law, mother-in-law, brothers-in-law, and sisters-in-law and the lineal descendants of any of them. Examples of activities which are not in accordance with this policy include, but are not limited to, the following: (1) Entering into any sale, lease, or contract in violation of Minn. Stats. §§ 471.87-471.89; (2) Acceptance by a local official of any gift from an interested person in violation of Minn. Stats. § 471.895; (3) Activities which require the official or employee to interpret city codes, ordinances, or regulations which such activity involves matters with which the official or employee has business and/or family ties; (4) Consulting activities carried out within the city if such consulting involves talents or skills primarily related to the official's or employee's city work responsibilities; (5) Using an official's or employee's authority, influence, or city position for the purpose of private or personal financial gain; (6) The use of city time, facilities, equipment, or supplies for the purpose of private or personal financial gain; (7) Entering into a business transaction when it involves using confidential information gained in the course of employment; (8) Accepting other employment or public office where it will affect the official's or employee's independence of judgment or require use of confidential information gained as a result of city duties; (9) Conducting personal business while working regularly scheduled hours; and (10) Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel. (Ord. No. 99-33, § 2(220.00), 12-20-1999) (Supp. No. 59) Created: 2023-10-18 09:21:19 [EST] Page 1 of 1 Page 214 of 229 MEMORANDUM CAMPBELL KNUTSON FROM: JARED SHEPHERD, CAMPBELL KNUTSON, P.A. DATE: MARCH 18, 2024 RE: POTENTIAL CONFLICT OF INTEREST MFAC FACTS In 1996, to help manage the ice rink, the City created an advisory Arena Commission. The commission membership included members of the city council, as well as designated seats for representatives of groups that frequently used the ice rink such as the school district. As the ice rink grew over the years to include new types of facilities, the commission expanded to include designated members representing these new uses, and, in 2020, the City established the Multipurpose Facility Advisory Commission (MFAC) to replace the Arena Commission. Current membership on the MFAC includes designated seats representing facility users, ice uses, the city council, the school district, the senior center, and two at -large members. At the same time as its uses and membership expanded, the MFAC also expanded its duties, which currently include recommendations about use fees and discounted rates. QUESTION PRESENTED Does the scope of the MFAC, with representatives from user groups advising on the fees their own groups will be required to pay, create a likely conflict of interest for Commission Members? ANALYSTS State law prohibits public officers from participating in contracts with the city (such as a rental agreement for using city facilities) if the officer has any personal financial interest. Minn. Stat. § 471.87. Years after creating the MAFC structure, the City also enacted a conflict of interest ordinance that is stricter than statutes. City code § 2-132 aims to protect the "credibility of local government" by prohibiting any financial or business interest in matters city officials and employees oversee in an official capacity. The city code directs employees and officials to be cautious, and to avoid any activity which even "suggests a conflict of interest." City Code § 2-131 explicitly states that commission members are subject to these requirements The MFAC currently advises on both the base rates and any potential discount rates for use of the City's facility. MFAC members, however, explicitly represent certain groups that will be responsible for paying those rates. There is clear logic in having facility users —who will be most familiar with the facility and what services are needed provide input on how best to operate the facility. But their inclusion on a City commission could create the appearance that certain groups have been given the power to set their own terms. This is especially true given the City Council's more recent directions to have the facility become revenue -neutral. As the facility needs to raise 2303340 Page 215 of 229 more money to cover its operating cost, any discount given to one group will need to be made up by fees paid by others. This at least creates the appearance of a direct conflict over what base rates and discounts the MFAC recommends. RECOMMENDATION We recommend altering the MFAC to remove the user groups. This change will prevent the appearance of a conflict of interest or a conflict, in factor, that is institutionally -created for Commission members User groups should be, of course, still welcome and able to submit suggestions and apply for discounted rates. But this change would clarify that they are doing so on their own behalf as facility users, and that no user group is being given unfair access to the City's decision -making process. 2 2303340 Page 216 of 229