(A) Establishment of the Board. An Operations and Policy Board for the Balloon Fiesta Park is hereby established. The Board shall recognize, promote and develop the uniqueness of the Balloon Fiesta Park, oversee the implementation and vision of the Balloon Fiesta Park Master Development Plan and develop a world-class ballooning and park facility for the citizens of Albuquerque and the State of New Mexico. The Board is charged with assuring the balance of public and private uses and for securing unrealized financial funding for the operation and development of the Park. The Board shall consist of nine members. The Board may not include any elected officials. Each Board member will be appointed by the Mayor from each of the following organizations with the advice and consent of the City Council:
(1) Two representatives from the Board of Directors of the Albuquerque International Balloon Fiesta;
(2) One representative from the Wildflower Neighborhood Association;
(3) One representative from the Alameda North Valley Association;
(4) A person representing the interest of the Metropolitan Parks and Recreation Advisory Board;
(5) A person representing the Pueblo of Sandia;
(6) A person representing local industry located near the Park;
(7) A person representing the interests of Balloon Fiesta Park tenants; and
(8) One representative of the Albuquerque Convention and Visitors Bureau.
All members in filled positions of the Operations and Management Advisory Board established in F/S R-159 shall be appointed as new members of the Operations and Policy Board established herein. Members shall serve four-year staggered terms.
(B) Balloon Fiesta Park Boundaries. The Boundaries of the Park are as indicated in Exhibit A attached hereto.
(C) Board Authority. The responsibilities and authority of the Board will be as follows:
(1) Establish policy, including fees, reservations and usage of the Park.
(2) Oversee the operation and management of the Park.
(3) Negotiate leases with existing and future tenants of the Park.
(4) Review, negotiate and recommend revisions to existing leases, licenses and other agreements for use of the Park.
(5) Negotiate sponsorship for the Park and events at the Park.
(6) Contract with, recommend and hire employees to perform the duties of the Board not provided for by the City.
(7) Coordinate reservations for and scheduling of events at the Park.
(8) Undertake conflict resolution concerning issues at the Park,
(9) Work collaboratively in public relations regarding the Park.
(10) Oversee the implementation of the Master Development Plan for the Park.
(11) Report annually to the Mayor and the City Council on its activities, progress made in implementing the Master Development Plan and any recommendations for additional policies or ordinances for the operation and management of the Park.
(12) Recommend to the Mayor and City Council an annual operating and capital budget.
(13) To engage in a long term planning process for the operation, development and management of the Park through which it identifies major problems and establishes a program of policy suggestions.
(14) To conduct regularly scheduled open public meetings.
(15) Adopt, promulgate, publish, amend and repeal regulations for the use of the Park.
(16) Establish such policies as are deemed necessary for the operation, management and maintenance of the Park.
(17) Adopt and amend bylaws governing the activities of the Board.
(18) Serve as the planning authority for the design, construction, use and operation of the Park.
(19) To review and recommend the selection of all consultants other than those hired pursuant to Section 14-7-2-1 et seq., Selection Advisory Committee.
(20 Establish annual fee and rental schedule for uses of the Park.
(21) To adopt guidelines procedures for selecting the resident tenants and concessionaires of the Park and for allocating the facilities of the Park to all other potential users.
(22) Develop a plan by the FY/05 budget to have the Park become self-sustaining without City operating support within a three-year period.
(23) Develop a tenant association.
(D) Staff. The May or shall appoint a senior staff member to serve as the full-time employee to coordinate the activities of the Board and Park. The Mayor shall seek the advice and consent of the Board on the assignment of 10 personnel.
(E) Revenues. All revenues generated directly by activities at the Park shall be deposited into the Balloon Park Fund, which shall require a budget and appropriation by the City Council prior to any expenditure.
(F) Leases and Agreements. The Board shall not have the authority to approve leases and agreements. However; all leases and agreements must be reviewed and recommended to the Mayor and City Council for approval.
(G) Administrative Operations. The City and the Board shall develop a current inventory of services and costs to establish a baseline for budget purposes beginning in FY/04. This baseline shall be provided in the FY/05 budget. The Board shall develop a procedure for members of the Board to abstain whenever a conflict of interest arises.
(H) Limitations. The Board shall act on behalf of the City regarding the Park. However, no contract, agreement, license may be approved without the Mayor and City Council approval. Conversely, the Mayor or City Council may not unilaterally approve any contract, agreement, license, lease or budget without the review and recommendation of the Board as provided in § 2-10-4(C). All scheduling for the Park must be reviewed and approved by the Board. The City reserves the right to block out dates for citywide public events.
(I) Appropriation. Revenue in the amount of $126,000 currently in the Capital Implementation Program Fund 230, Field Improvements Project is hereby appropriated to the Balloon Park Fund.
(J) Sunset. This legislation shall sunset five years after the adoption of this legislation. The sunset is intended to be an evaluation benchmark of this governance structure.
(K) Severability Clause. If any section, paragraph, sentence, clause, word or phrase of this resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this resolution. The Council hereby declares that it would have passed this resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provisions being declared unconstitutional or otherwise invalid.
(Res. 121-1999, approved 12-7-99; Am. Res. R-131-2003, approved 11-14-03)