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Repeal of Amendments to City Code Title 2, Chaper 5 - Housing CommissionCity of Dubuque City Council ACTION ITEMS # 4. Copyrighted December 1, 2025 ITEM TITLE: Repeal of Amendments to City Code Title 2, Chaper 5 - Housing Commission SUMMARY: City Attorney and City Clerk recommending repeal of Ordinance 33-24, adopted on June 17, 2024, to undo the inadvertent deletion of some required language to Title 2, Chapter 5 of the code of ordinances. ORDINANCE Amending City Of Dubuque Code Of Ordinances Title 2 Boards And Commissions, Chapter 5 Housing Agency And Community Development Commissions By Repealing Ordinance 33-24 SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. Staff Memo 2. Ordinance 3. Ordinance 33-24 (Language Requesting to Repeal)_Uploaded 11.30.25 4. Ordinance 54-23 (Ordinance that will be in effect if repeal of Ordinance No 33-24 is adopted)_Uploaded 11.30.25 Page 870 of 1214 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Crenna M. Brumwell, City Attorney & Adrienne N. Breitfelder, City Clerk SUBJECT: Repeal of Amendments to City Code Title 2, Chapter 5 — Housing Commission DATE: October 16, 2025 City Clerk Adrienne Breitfelder and I are recommending repeal of Ordinance 33-24 adopted on June 17, 2024. Recently, it was discovered our codifiers hadn't incorporated earlier amendments of Title 2, Chapter 5 of the code of ordinances when Ordinance 33- 24 was updated. This resulted in the elimination of some required language within the code. At this time, we're recommending repeal of Ordinance 33-24 to undo that inadvertent deletion. We anticipate reviewing and updating the language later in 2025 or in early 2026 after consulting with the new Housing & Community Development Director, a position which will be advertised in the near future. We concur with the recommendation and respectfully request Mayor and City Council approval. Attachment cc: Sandi Fowler, Acting Housing & Community Development Director Cori Burbach, Assistant City Manager Page 871 of 1214 Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100 ORDINANCE NO. 44-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS BY REPEALING ORDINANCE 33-24 WHEREAS, a code update to Title 2, Chapter 5 occurred in 2024 as a matter of routine cleanup and reorganization for consistency; and WHEREAS, it was recently discovered the City's codifiers had not updated the code with a prior amendment at the time Ordinance 33-24 was adopted on June 17, 2024; and WHEREAS, the adoption of Ordinance No. 33-24 inadvertently eliminated some required language within the Code of Ordinances, and a repeal of Ordinance No. 33-24 will revert to the prior version containing the required language; and WHEREAS, Title 2, Chapter 5 will be reviewed for routine cleanup and updates upon the hiring of the new Housing & Community Development Director. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances, Ordinance 33-24 is repealed. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 1st day of December, 2025. .• .�. .•k j• Attest: � � t � I U ,, I Z /��- 'A' a6, - Adrienne N. Breitfelder, bty Clerk Prepared by: Barry Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4113 ORDINANCE NO. 33 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 5, Article B of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-5B-5: MEMBERSHIP: A. Number: The commission comprises ten (10) residents of the city. B. Special Qualifications: 1. At least three (3) members must be appointed specifically on the basis of experience in real estate development, banking, finance, accounting, funds management, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States Housing Act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed terminated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. Cross -Representation: a. One (1) member must be appointed by the commission, with city council approval, to serve on the community development advisory commission. b. One (1) member must be appointed by the commission, with city council approval, to serve on the long range planning advisory commission. Page 873 of 1214 2-513-6: OATH: Each person, upon appointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or at the city clerk's office any time prior to the first meeting of the commission. 2-513-10: MEETINGS: A. Regular Meetings: The commission must meet quarterly. 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 approval by the commission, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Six (6) 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. Section 2. This ordinance shall take effect July 1, 2024. Passed, approved, and adopted this 17th day of June, 2024. Brad Cavan2goayor Page 874 of 1214 Attest: Adrienne Breitfelder, City Clerk Page 875 of 1214 EFFECT OF AMENDMENT 2-513-5: MEMBERSHIP: A. Number: The commission comprises ten (10) residents of the city. B. Special Qualifications: 1. At least three (3) members must be appointed specifically on the basis of experience in real estate development, banking, finance, accounting, funds management, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States Housing Act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed terminated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. Cross -Representation: a. One (1) member must be appointed by the commission, with city council approval, to serve on the community development advisory commission. b. One (1) member must be appointed by the commission, with city council approval, to serve on the long range planning advisory commission. 2-513-6: OATH: Each person, upon appointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or at the city clerk's office any time prior to the first meeting of the commission. KWI:1i[1A►TA1C11:2 IILIR&IS A. Regular Meetings: The commission must meet quarterly. Page 876 of 1214 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 approval by the commission, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Six (6) 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. Page 877 of 1214 Prepared by: Crenna M. Srumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4113 ORDINANCE NO. 54 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION, SECTIONS 2-513-5 MEMBERSHIP AND 2-513-13 POWERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-5B-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: om0aIVil21IVAl: 3Z6*1;IIa A. Number: The commission comprises ten (10) residents of the city. B, Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: 1. At least three (3) members must be selected specifically on the basis of experience in real estate development, banking, finance, accounting, funds management, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States Housing Act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed terminated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. No property owner or landlord accepting Housing Choice Vouchers may serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions Contract. 5. Cross -Representation: a. One (1) member must be appointed by the commission, with city council approval, to serve on the community development advisory commission. Page 878 of 1214 b. One (1) member must be appointed by the commission, with city council concurrence, to serve on the long range planning advisory commission. Section 2. Section 2-513-13 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-513-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To contribute as appropriate in the planning, coordinating, and review of housing development; B. To conduct public hearings to ensure meaningful citizen input in the planning, implementation, and assessment of the city's housing programs; C. To provide for and encourage the participation of low and moderate income persons in the planning, implementation, and assessment of housing programs; D. To provide input into the community planning process and to assist in accomplishing a coordinated and consistent housing development program of the city in accordance with present and future housing needs; E. To request and review ongoing surveys assessing housing needs and identifying future community housing needs, particularly the needs of persons of low and moderate income; F. To support the efforts of the city council and other city commissions in the assessment of the general housing needs of the community; G. To undertake from time to time other specific ongoing housing planning which may be referred to it by the city council; H. To research and recommend to the city council policies and programs facilitating the development of affordable housing; I. To undertake public information efforts to educate citizens of the availability of federal, state, and locally funded housing assistance programs; T To assist in the preparation of the housing element of the city comprehensive plan and the annual consolidated plan; and K. Undertake such additional duties, upon the request of the City Council. Section 3. This ordinance shall take effect upon publication. Page 879 of 1214 Passed, approved, and adopted this 41h day of December, 2023. V4111-� Katy A. Wethal, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk Page 880 of 1214 EFFECT OF AMENDMENT 2-513-5: MEMBERSHIP: A. Number: The commission comprises ten (10) residents of the city. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: 1. At least three (3) members must be selected specifically on the basis of experience in real estate development, banking, finance, accounting, funds management, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States Housing Act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed terminated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. No property owner or landlord accepting Housing Choice Vouchers may serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions Contract. 5. Cross -Representation: a. One (1) member must be appointed by the commission, with city council approval, to serve on the community development advisory commission. b. One (1) member must be appointed by the commission, with city council concurrence, to serve on the long range planning advisory commission. 2-513-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To contribute as appropriate in the planning, coordinating, and review of housing development; B. To conduct public hearings to ensure meaningful citizen input in the planning, implementation, and assessment of the city's housing programs; Page 881 of 1214 C. To provide for and encourage the participation of low and moderate income persons in the planning, implementation, and assessment of housing programs; D. To provide input into the community planning process and to assist in accomplishing a coordinated and consistent housing development program of the city in accordance with present and future housing needs; E. To request and review ongoing surveys assessing housing needs and identifying future community housing needs, particularly the needs of persons of low and moderate income; F. To support the efforts of the city council and other city commissions in the assessment of the general housing needs of the community; G. To undertake from time to time other specific ongoing housing planning which may be referred to it by the city council; H. To research and recommend to the city council policies and programs facilitating the development of affordable housing; I. To undertake public information efforts to educate citizens of the availability of federal, state, and locally funded housing assistance programs; J. To assist in the preparation of the housing element of the city comprehensive plan and the annual consolidated plan; and K. Undertake such additional duties, upon the request of the City Council. Page 882 of 1214 A C.:11(Y`t 0' STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, 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: 12/05/2025 and for which the charge is 22.78 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 5th day of December, 2025 Notary c in and for Dubuque County, Iowa. JANET K. PAPE T. Commission Number 199659 My Commission Expires owA 12/11/2028 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 44-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS BY REPEALING ORDINANCE 33-24 WHEREAS, a code update to Title 2, Chapter 5 occurred in 2024 as a matter of routine cleanup and reorganization for consistency; and WHEREAS, it was recently discovered the Citys codifiers had not updated the code with a prior amendment at the time Ordinance 33-24 was adopted on June 17, 2024; and WHEREAS, the adoption of Ordinance No. 33-24 inadvertently eliminated some required language within the Code of Ordinances, and a repeal of Ordinance No. 33-24 will revert to the prior version containing the required language; and WHEREAS, Title 2, Chapter 5 will be reviewed for routine cleanup and updates upon the hiring of the new Housing & Community Development Director. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances, Ordinance 33-24 is repealed. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 1st day of December, 2025. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of December, 2025. /s/Adrienne N. Breitfelder, City Clerk It 12/5