Code of Ordinances Amendment - Title 2 Housing Trust Fund Advisory Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment - Title 2 Housing Trust Fund Advisory
Committee
SUMMARY: City Manager recommending approval of an amendment to the City of
Dubuque Code of Ordinances regarding the Housing Trust Fund Advisory
Committee.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 5 Housing Agency and Community
Development Commissions, Article D Trust Fund Advisory Committee by
Repealing Section 2-5D-6 Committee Established; Membership; Functions
and Adopting a New Section 2-5D-6 Housing Trust Fund Advisory
Committee in Lieu Thereof Establishing the Trust Fund Advisory
Committee and Providing for the Powers, Operation, Membership, and
Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Housing Trust Fund Ordinance Amendment-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Amendment to the Housing Trust Fund Advisory Committee
Membership
DATE: July 28, 2015
Housing and Community Development Department Director Alvin Nash recommends an
amendment to the City of Dubuque Code of Ordinances regarding the Housing Trust
Fund Advisory Committee. The proposed amendment will adjust the membership of the
Housing Trust Fund Advisory Committee from three members of the Housing
Commission and two members from the private sector to two members of the Housing
Commission and three members considered private sector. This amendment is
necessary in order to stay in compliance with the State Housing Trust Fund Grant
Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
THE CITY OF Dubuque
AII11-America CiI.ty
UB E1
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Proposed Amendment to the Housing Trust Fund Advisory Committee
Membership
DATE: July 20, 2015
Introduction
The purpose of this memorandum is to recommend the proposed amendment to the
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5
Housing Agency and Community Development Commissions, Article D Trust Fund
Advisory Committee by repealing Section 2-5D-6 Committee established; membership;
functions and adopt a new Section 2-5D-6 Housing Trust Fund Advisory Committee.
The proposed amendment will adjust the membership of the Housing Trust Fund
Advisory Committee from three (3) members of the Housing Commission and two (2)
members from the private sector to two (2) members of the Housing Commission and
three (3) members considered private sector representatives with an area of expertise.
Background
The purpose of the Housing Trust Fund Advisory Committee is to recommend policy
direction and oversight to the administration and operation of the Housing Trust Fund by
soliciting funding, developing by-laws to govern the committee's operations, and
developing policies and guidelines for acquisition and distribution of funds. The City
Housing and Community Development Department has been receiving Local Housing
Trust Funds from the Iowa Finance Authority dating back to 2001. These funds have
continually been used to focus on the revitalization efforts in the downtown
neighborhood as part of the Washington: Revitalize!
Discussion
This amendment is necessary in order to stay in compliance with the State Housing
Trust Fund Grant Agreement. Previously, the Housing Commissioners on the
Committee were not looked at as Public Officials which allowed them to serve as public
sector representatives. However, the state has determined the Housing Commissions
are not eligible to serve as representatives of the public sector. Therefore, we have to
amend the Ordinance to read as attached.
Action Step
The action requested of the City Council is to approve the attached amendment to the
Ordinance regarding the Housing Trust Fund Advisory Committee.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 51-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY
DEVELOPMENT COMMISSIONS, ARTICLE D TRUST FUND ADVISORY
COMMITTEE BY REPEALING SECTION 2-5D-6 COMMITTEE ESTABLISHED;
MEMBERSHIP; FUNCTIONS AND ADOPTING A NEW SECTION 2-5D-6 HOUSING
TRUST FUND ADVISORY COMMITTEE IN LIEU THEREOF ESTABLISHING THE
TRUST FUND ADVISORY COMMITTEE AND PROVIDING FOR THE POWERS,
OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 5, Article D, Section 2-5D-6 of the City of Dubuque
Code of Ordinances is hereby released and the following adopted in lieu thereof:
2-5D-6: HOUSING TRUST FUND ADVISORY COMMITTEE:
A. Committee Created: There is hereby created the Housing Trust Fund Advisory
Committee.
B. Purpose: The purpose of the committee is to recommend policy direction and
oversight to the administration and operation of the Housing Trust Fund by soliciting
funding, developing by-laws to govern the committee's operations, and developing
policies and guidelines for acquisition and distribution of funds. Such solicitations, by-
laws, policies, and guidelines must be approved by the Housing Commission and
submitted to the city council for its approval.
C. Internal Organization and Rules: The committee may adopt rules and regulations
to govern its organizational procedures as may be necessary and which are not in
conflict with this Code of Ordinances or the Iowa Code.
D. Procedures for Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the committee in all its operations.
E. Membership:
1. The committee comprises five (5) residents of the city, appointed by the
city council.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications:
a. Two (2) of the members must be appointed by and from the
membership of the Housing Commission.
b. Three (3) members of the public must be elected specifically on the
basis of experience in real estate development, banking, finance,
accounting, funds management, or other related areas of expertise.
F. Oath: Each person, upon appointment or reappointment to the committee, must
execute an oath of office at the first meeting of the committee following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
committee.
G. Terms: The term of office for members of the committee is three (3) years or until
such member's successor is appointed and qualified. The terms of the cross -
representative appointees from the Housing Commission must coincide with their terms
on the Housing Commission.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers; Organization: The Housing Commission must choose annually a
chairperson and vice -chairperson, each to serve a term of one (1) year. The
chairperson must appoint a secretary, who need not be a member of the committee.
The committee must fill a vacancy among its officers for the remainder of the officer's
unexpired term.
J. Meetings:
1. Regular Meetings: The committee must meet at least two (2) times per
year; one meeting must be a public hearing regarding submission of the Iowa
Finance Authority application.
2. Special Meetings: Special meetings may be called by the chairperson or
at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance:
a. In the event a member of the committee has been absent for three
(3) or more consecutive meetings of the committee, without being excused
by the chairperson, such absence will be grounds for the committee to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the
committee must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
6. Quorum: Three (3) members of the committee constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official
committee business within the limits established in the city administrative policies and
budget.
L. Removal: Except as provided in 2 -5D -10(D)(1), the city council may remove any
member for good cause.
M. Powers: The committee has the following powers, duties, and responsibilities:
1. To coordinate an effective mechanism for public participation in the
operation of the trust fund;
2. To recommend projects to the Housing Commission for funding approval;
and
3. To engage in activities providing for the efficient use of the trust fund.
Section 2. Nothing herein effects the term of any person serving as a member of
the committee as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 3rd day of august, 2015.
Roy D.'Buol,, ayor
Attest:
Kevin(S. Firnstahl; City Jerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: August 7, 2015, and for which the charge is $63.00.
InAAAA
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /00 day of
,2015 .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
Ay Comm. Exp. FEB. 1, 2017
OFFICIAL _ ofb.tThehTepeub(311c) mmeumstb,ebres
PUBLICATION , elected specifically on
ORDINANCE NO. 51-15
ii
AMENDING CITY OF the *inrbeaasl s eosft aetxeP e dr eevnec le -
DUBUQUE CODE OF
ORDINANCES TITLE 2 eement, banking,
BOARDS AND COM- ni,nnucse ' management, accounting or,
if
MISSIONS, CHAPTER other
AND COMMUNITY
• 5 HOUSING expertise.
AND
areas of
DEVELOPMENIT COM- LipOnOaarip:PEoaincthnideenrts°onri
MISSIONS, ARTICLED
TRUST' 'FOND ALI”VI' committee,emntustto etxhee-
SORY COMMITTEE BY cute ,an oath of office '
2R-E5PDE-A6LINcGoviITSmECTTIOENE at the first meeting of
the committee follow -
ESTABLISHED; MEM- ing the appointrpent or
BERSHIPI FUNCTIONS
H OUSING SECTION TRUST
T6 any, time prthe
ior to
AND ADOPTING A trheeaPcijoitiyntcmleernkt's ator
rfftihcee
NEW
FUND ADVISORY first meeting of
committee.
COMMITTEE IN LIEU G. Terms: The term of
THEREOF F.STABLISII-
ING THE TRUST FUND , office for members of
the committee is three
ADVISORY COMMIT -•TEE AND , PROVIDING ,1 m(3e)‘'myebeerr,suc
s°,rucnetsilsoseris
FORFOR THE POWERS, appointed and gual-
OPERATIOR, MEM ified. The terms of the
BERSHIP, AND MEET- cross -representative
INGS
appointees from the
NOW, THEREFORE, Housing Commission
B E IT ORDAINED BY must coincide with
THE CITY COUNCIL
OF THE CITY OF tHhoeui ar Fit gtecr omms riuesnai °TIT e
DUBUQUE, IOWA: H. vacancies: Vacan-
ChaSPetcetr5, ion1ArtTitle
2; • cies must be filled in
Section 2-5D-6 of the the sam.e manner as
original appointments.
City of Dubuque Code ,I. Officers; Organiza-
of Ordinances is
tion: The Housing Com -
hereby released and mission must chooste
he i e fud thereof:i I °wl ngand v
adopted annually i c ea- chal loo
chairpersonersn
in ,
2-5D-6: HOUSING
TRUST FUND ADV, ISORY I one h te(iis)erivyeaaart.erniThoef
COMMITTEE: • chairperson must ap-
A. Committee
I created: There is i" pointeedna4ebcereatamryeimwbheo
nr
hereby created the
Housing Trust Fund' of the committee. The
committee must fill a
Advisory Committee. vacancy among its
B. Purpose: The officers for the re -
purpose of the com- , mainder of the officer's
rnittee is to recom- unexpired term.
1 mend policy direction
to the J. Meetings:
and oversight
1. Regular Meetings:
'administration and
The committee must
operation of the meet at least two (2)
Housing Trust Fund by
times per year; one
soliciting funding, meeting mlist be a
developing by-laws to public hearing regard -
govern the commit- ing submission of the
tee's operations, and Iowa Finance Authority
developing policies and
guidelines for acquisi- a, PPlication.
2. Special Meetings:
tion and distribution of •Special meetings may
funds. Such solicita-
tions, by-laws, policies, personorobry thaet chair-
tins,
guidelines must be written ',request of a
approved by the majority , of the
Housing Commission
and submitted to the m3e.mob;sii.meatingai All
y council for its 1 meetings must be
approval. • •called and held in
' C. Internal Organiza- conformance with the
tion and Rules:, The Iowa Open • Meetings
committee may adopt ,
rules and regulations I """
4. Attendance:
to govern its organ-
a. In the event a,
izational procedures as member of • the
may be necessary and committee has been
which are • not in I absent for three (3) or
•-conflict with this Code moreconsecutive meet-
, of Ordinances or the ings of the committee,
Iowa Code. without being excused
• D. Procedures for I by, the chairperson,
Operation: All admin-
isti-ative, personnel, gsurocurinclibsencfeor thwill e
e
accounting, budgetary, committee to recom,
and procurement poli- mend to the city
cies of the city govern council that the Posi-
the committee in all its , tion be declared vacant
operations. and a ,replacement
E. Membership: appointed.
1. The committee
1,• b. Attendance mut
comprises five (5) ibe„entered upon the
residents of the city, •minutes •of all,
appointed by the city
council. 11•716e.etivliningusfes: A copy of
2. Residents must be
eighteen (18) years of the minutes df all
pecial
age or older. I mreegeuatlinrigs andofthe.
32 Special Qualifica- committee must be,
tions: , 1 filed with • the city ,
a. Two (2) of the council within ten (10)
members must be
appointed by and from waecrbkinmg mee• ting, or oraftbeyril
the membership of the
the, next regularly
scheduled city counril
eneeting;, whichever Is
Iter. 1
Quorhm: Three (3)
rriembers of the torri-
Mittee constitute a
quorum for the trans-
action of business. The
affirmative vote of a
majority • of the
memberis present and
,
voting 'is' necessary. for
the adoption of any
resolution.
K. Compensation:
Members serve with-
out compensation, pro-
vided that they may
receive reimbursement
for necessary travel
and other expenses
while on official
•committee business 1
within the • limits 1
established in the city
administrative policies
and budget.
L. Removal: Except as
Provided in • 2 -5D -
10(D)(1), the city coun-
cil may remove any
member • for good
cause.
Powers: The corn-
' rnittee has the follow-
ing powers, duties, and
reSponSibilities: •
1. To Coordinate an
effective • mechanism
for public participation I
in the -operation of the
trust fund; -
• 2. To recommend
projects to the'.Hoilsing I
Con-imission for fund-
ing approval; and
3. To engage in
activities providing» for
the efficient use of the
frust fund.
Section 2. Nothing
herein effects the term
of any person serving
as a, member of the
committee' as of the
effectiVe date of this
Ordinance.
Section 3. This
Ordinance takes effect
Upon Publication.
Passed, approved,
and adopted the 3rd
day of August, 2015.
/s/Roy D. Buol, I'Vlayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in I
the Telegraph Herald
newspaper on the 7th 1
day of August, 2015.
/s/Kevin S. Firnstahl,
' - City Clerk
1t 8/7