Code of Ordinances Amendment - Title 2 Housing Commission Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment - Title 2 Housing Commission
SUMMARY: City Manager recommending approval of an ordinance which adds a new
Title 2, Chapter 5, Article B which establishes the Housing Commission
and provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 5 Housing Agency and Community
Development Commissions by repealing Article B Housing Commission
and adopting a new Article B Housing Commission in lieu thereof
establishing the Housing Commission and providing for the powers,
operation, membership, and meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Housing Commission-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: Boards and Commissions — Housing Commission
DATE: October 14, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which adds a new Title 2, Chapter 5, Article B which establishes the Housing
Commission and provides for the powers, operation, membership and meetings. The
Housing Commission was originally established in February 1970.
1 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
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: October 14, 2015
RE: Boards and Commissions — Housing Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Housing Commission, which was
established in February 1970. For this ordinance, a new Title 2, Chapter 5, Article B is
adopted which establishes the Housing Commission and provides for the powers,
operation, membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 67-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY
DEVELOPMENT COMMISSIONS BY REPEALING ARTICLE B HOUSING
COMMISSION AND ADOPTING A NEW ARTICLE B HOUSING COMMISSION IN
LIEU THEREOF ESTABLISHING THE HOUSING COMMISSION 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 B of the City of Dubuque Code of
Ordinances is hereby repealed and the following adopted in lieu thereof:
ARTICLE B
HOUSING COMMISSION
2-5B-1: COMMISSION CREATED:
There is hereby created the Housing Commission.
2-5B-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis of
housing needs and the meeting of such needs; to recommend proposed projects in the
area of low- and moderate -income housing for the citizens of the city; to monitor the
city's housing programs; and to conduct grievances regarding the Rental Assistance
Program, except in the area of Housing Code enforcement.
2-5B-3: INTERNAL ORGANIZATION AND RULES:
The commission 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.
2-5B-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations.
2-5B-5: MEMBERSHIP:
A. The commission comprises ten (10) residents of the city.
B. 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. One (1) member must be appointed by the commission, with city council
approval, to serve on the Community Development Advisory Commission.
4. Three (3) members must be appointed by the commission, with city
council approval, to serve on the Housing Trust Fund Advisory Commission.
5. The remaining members are at -large members.
2-5B-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
2-5B-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross -representative appointees
to the Community Development Advisory Commission and the Housing Trust Fund
Advisory Commission must coincide with their terms on the Housing Commission.
2-5B-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
2-5B-9: OFFICERS/ORGANIZATION:
The commissioners 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 commission. The commissioners must fill a vacancy among its
officers for the remainder of the officer's unexpired term.
2-5B-10: MEETINGS:
A. Regular Meetings. The commission must meet monthly.
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 each
meeting, 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.
2-5B-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
2-5B-12: REMOVAL:
Except as provided in 2 -5B -10(D)(1), the city council may remove any commissioner for
good cause.
2-5B-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;
J. To assist in the preparation of the housing element of the city
comprehensive plan and the annual consolidated plan;
K. To offer comment, as appropriate, on the consistency of proposed housing
development with the comprehensive plan, consolidated plan, and existing city
housing strategies; and,
L. Undertake such additional duties, with regard to the Housing Trust Fund,
as are specified in this Code.
2-5B-14: PROJECT APPROVAL:
Any proposed low rent housing project is subject to the approval of the city council and
any project requiring a referendum as provided in the Iowa Code must be submitted to
the voters of the city in accordance with the Iowa Code.
2-5B-15: MONITOR HOUSING PROGRAM; CONDUCT HEARINGS ON
GRIEVANCES:
The commission monitors the city's housing program and conducts hearings on
grievances arising out of the operation of such program with the exception of Housing
Code enforcement which is handled by the Housing Code Appeals Board.
Section 2. Nothing herein effects the term of any person serving as a
commissioner as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of October, 2015.
Roy D. Buol, Mo
Attest:
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: October 23, 2015, and for which the charge is $90.52.
Subscribed to before me, a
this .4 70 day of
otary Public in and for Dubuque County, Iowa,
.s.r ,20 /5 .
rotary Public in and for Dubuqu County, Iowa.
Commission Number `54Se'5
CoT'
OFFICIAL
PUBLICATION
ORDINANCE NO. 67-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 2
BOARDS AND COM-
MISSIONS, CHAPTER
5 -HOUSING AGENCY.
AND COMMUNITY DE-
VELOPMENT_• COrtel- -i
MISSIONS it "RE-
PEALING ARTICLE ,B
HOUSING :COMMIS-
SION AND ADOPTING
A NEW ARTICLE B
HOUSING "COMMIS-
SION IN LIEU
THEREOF ESTABLISH-
THE HOUSING'III
COMMISSION AND
PROVIDING ::FOR THE
POWERS, OPERA-
TION, MEMBERSHIP,
AND MEETINGS '
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL I
OF THE CITY OF '
DUBUQUE, IOWA:
Section 1. Title 2;
Chapter 5, Article B of
the City, of Dubuque
Code of Ordinances is
hereby repealed and
the following adopted
in lieu thereof:
ARTICLE B
HOUSING
COMMISSION
2-5131: COMMISSION
CREATED:
There is hereby
created - the Housing
Commission.
2-5B-2: PURPOSE:
The purpose of the
commission- is to
undertake and carry
.`out studies: and analy-
sis of housing needs
and the meeting of
such needs; to recom-
mend, proposed pro-
jects in the area of low -
and moderate, income
• housing for the citizens
of the city;' to monitor
the city's housing
"programs; and to
conduct grievances
regarding the Rental
Assistance' Program,
except in the area of
Housing Code enforce-
ment.
2-5B-3: INTERNAL
ORGANIZATION AND
RULES:
The commission may
adopt rules and
regulations to govern
its• organizational pro-
cedures. as may be
necessary and which
are not in conflict with
this Code of Ordi-
`-nances or the Iowa
Code.
2 -5B -4C PROCEDURES
FOR OPERATION:
All administrative,
personnel, accounting,
budgetary, and pro-
curement policies ' of
„the city;' govern the
commissidn in all its
operations.
2-5B-5: MEMBERSHIP:
A. The commission
`comprises ten (10)
'residents of the city.
B. Residents must be
eighteen (18) years of
age or older`.
C. Special .Quali-
fications.
1. At least three (3)
members must be
selected specifically 6n.
the basis of experience
in real estate devel-
opment, 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 assist-
ance 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 Sec-
tion 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 terms:
3. One (1) member
must be appointed;by
the commission, with
city council approval,
to serve on the
Community Develop-
ment Advisory Com-
mission.
4. Three (3) members.
must be appointed by
the commission, with
city council approval,
to serve on the,
Housing Trust Fund
Advisory Commission.
5. The remaining
members are at -large
members.
2-5B-6: OATH:
Each erson, u on
p P
appointment or reap-
pointment to the
commission; must exe-
cute an oath of office
at the first meeting of
the commission fol-
lowing , the appoint-
ment or reappointment
. or at the .;city clerk's
office any time prior to
the first meeting of the
commission.
2-5B-7: TERMS:
The term of office for
commissioners is three
(3) years or until such
commissioner's suc-
cessor is appointed
and qualified. The
terms of the cross -
representative ap-
pointees to the Com-
munity Development
Advisory Commission
and the Housing Trust
Fund Advisory. Commis-
sion must coincide " •
with their terms on the
Housing Commission.
2-5B-8: VACANCIES:r,
Vacancies must be
filled in thesame
manner as original
appointments.
2-5B-9: OFFICERS/OR-
GANIZATION:
The commissioners
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
commission. Thecom-
missioners must) fill a
vacancy among its
officers for the .re-
mainder of the officer's
unexpired term.
2-5B-10: MEETINGS:
A. Regular Meetings.
The commission must
meet monthly.
B. Special Meetings.
Special meetings may
be called by the
chairperson or at the
written request of a
majority Df ., the
coni'M tsionbrs ,
C. Open Meetings. All
meetings must be
called and held in
conformance with the
Iowa Open Meetings
D. Attendance..
1"" In the event a
commissioner has been
absent for three (3) or
more consecutive meet-
ings of the commis-
sion, without- being
excused by; the
chairperson, such ab-, -,
sence will be grounds
for -the commission to -
recommend to' the city
council that the posi-
tion be declared vacant
and a replacement
appointed.
2. Attendance must be
entered upon the min
utes of all meetings.
E. Minutes. A` copy of '1
the minutes of all
regular and special
meetings of the
commission must. , be
filed, with the city
council within ten (10)
working days aftef
each meeting, or by ,
the next regularly
scheduled city council
meeting, whichever is
later.
F. Quorum. Six (6)
commissioners consti-
tute a quorum for the
transaction of' • busi-
ness. The affirmative
vote of majority of
the commaissioners pre-
sent and , voting is
necessary for the
adoption of any motion
or resolution.
2-5B-11: COMPENSA-
TION:
Commissioners serve
without compensation,
provided that they may,
receive reimbursement
for necessary travel
and, other expenses
While on official
commission business,
within the limits
established in the city
administrative policies,
and budget.
2-5B-12: REMOVAL:
Except as provided in
2 -5B -10(D)(1), the city
council may remove'
any commissioner for
good cause.
2-5B-13: POWERS:
The commission has
the'; following powers,
duties, and responsi-
bilities.
A. To contribute as
appropriate in the
planning, coordinating,
and review of housing
development;
B. To conduct public
hearings to -ensure
meaningful citizen in-
put in the planning,
implementation,and as-
sessment of the city's
housing programs;
C. To provide for and
encourage the parti-
cipation of; low and
moderate income per-
sons in the planning,
implementation, and
assessment. of housing
programs;
D. To provide -input
into the community
E. To' request; and:!
review ongoing .sur-
veys assessing housing
needs and identifling
future community
housing needs,_. parti-
cularly the needs of
persons_ of low and.f
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 I
1 time to time other
f specific • ongoing hous-
ing 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 ;assis-
tance programs;
J. To assist in:the
preparation of; the.
housing element of the
city comprehensive
plan and . the annual
consolidated plan;
K. To offer comment,
as appropriate, on the
consistency of pro-
posed housing devel-
opment with the 11
comprehensive plan,
consolidated • plan, and
existing city•; housing
strategies; and,
L. Undertake such
additional duties, with '!
regard' to the Housing
Trust Fund, as are
specified in this Code.
2-5B-14: PROJECT
APPROVAL:
Any proposed low
rent housing project is
subject to the approval
of the city council.and
any project requiring a
referendum as pro-
vided in the Iowa Code
must`be submitted to
the voters of the city in
accordance with the
Iowa Code.
2-5B-15: MONITOR
HOUSING PROGRAM;
CONDUCT HEARINGS
ON GRIEVANCES:
The commission
monitors the ` city's
housing program and
conducts hearings on
grievances arising out
of the operation of
such `program with the
exception of Housing
Code , enforcement
which. is handled ,by
the-''' Housing: Code
Appeals Board..
Section . 2. Nothing
herein effects the term
of any person serving
as a" commissioner as
' of the effective•date of
this Ordinance.
Section 3. This
Ordinance takes effect
upon publication.
Passed, approved, 1,
and adopted? the 19th
dap of
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk,
Published officially in
the Telegraph Herald
newspaper on the 23rd
day of October, 2015.
/s/Kevin S. Firnstahl,
City Clerk
It 10/23
planning process and
to assist in accom-
plishing a coordinated
and consistent housing
development, program
of the city in ac-
cordance with present
and future housing
needs;.:.