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Code of Ordinances Amendment - Title 2 Community Development Advisory Commission (1st Reading) Copyrighted July 1, 2019 City of Dubuque Action Items # 1. ITEM TITLE: Code of Ordinances Amendment- Title 2 Community Development Advisory Commission SUMMARY: City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 5, Artide C which establishes the Community DevelopmentAdvisory 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 Artide C Community Development Advisory Commission and adopting a new Article C Community Development Advisory Commission in lieu thereof establishing the Community Development Advisory Commission and providing for the powers, operation, membership, and meetings SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Community De�lopmentAdvisory Commission-MVM City Manager Memo Memo Staff Memo Staff Memo Ordi nance Ordi nance Suggested Motion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commissions — Community Development Advisory Commission DATE: June 25, 2019 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. City Attorney Crenna Brumwell recommends City Council approval of an ordinance which adds a new Title 2, Chapter 5, Article C which establishes the Community Development Advisory Commission and provides for the powers, operation, membership and meetings. The Community Development Advisory Commission was originally established in March of 1994. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF UB E MEMORANDUM Masterpiece on fhe Mississippi CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 18, 2019 RE: Boards and Commissions — Community Development Advisory 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 Community Development Advisory Commission, which was established in March 1964. For this ordinance, a new Title 2, Chapter 5, Article C is adopted which establishes the Community Development Advisory 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. - 19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS BY REPEALING ARTICLE C COMMUNITY DEVELOPMENT ADVISORY COMMISSION AND ADOPTING A NEW ARTICLE C COMMUNITY DEVELOPMENT ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE COMMUNITY DEVELOPMENT ADVISORY 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 C of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: ARTICLE C COMMUNITY DEVELOPMENT ADVISORY COMMISSION 2-5C-1 : COMMISSION CREATED: There is hereby created the Community Development Advisory Commission. 2-5C-2: PURPOSE: The purpose of the commission is to provide for citizen participation in the development and evaluation of the city's Community Development Block Grant (CDBG) program. 2-5C-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 lowa Code. 2-5C-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-5C-5: MEMBERSHIP: A. The commission comprises nine (9) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. C. Qualifications. 1 . Four (4) members must be residents of census tracts and block groups where at least fifty one percent (51°k) of the residents are low/moderate income persons as determined by the United States Department of Commerce, Bureau ofthe Census. 2. Four (4) members must be residents of the community at-large. 3. One (1) member must be appointed by and from the membership of the Housing Commission, with approval from the city council. 2-5C-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. 2-5C-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified, provided, however, that the term of the cross- representative appointee from the City of Dubuque Housing Commission must coincide with their term on the Housing Commission. 2-5C-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-5C-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. 2-5C-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 lowa 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. Five (5) 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. 2-5C-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 budget. 2-5C-12: REMOVAL: Except as provided in 2-5C-10(D)(1), the city council may remove any commissioner for good cause. 2-5C-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To conduct public hearings in accordance with the minimum standards established in the CDBG program's Citizen Participation Plan to ensure meaningful citizen input in the planning, implementation, and assessment of the CDBG program; B. To provide for and encourage the participation of low/moderate income persons who reside in designated areas of slum and blight and residents of low/ moderate income neighborhoods, as defined by the city council, in the planning, implementation, and assessment of the CDBG program; C. To identify community development needs, particularly the needs of persons of low/moderate income; D. To serve in an advisory role upon the request of the city council in policy decisions regarding funding priorities and program development and implementation; E. To monitor and evaluate program activities to advise whether identified community development objectives have been met; F. To undertake public information efforts to educate the citizenry of the availability of CDBG funded programs and to provide for a greater understanding of the city's community development efforts; G. To assist in the preparation of the statement of community development objectives assess needs, priorities, and projected use of funds, amendments thereto, and required reports, including but not limited to, the Annual Action Plan, Consolidated Annual Pertormance and Evaluation Report, and the five-year Consolidated Plan; H. To serve in an advisory role to the city manager in the review of complaints and grievances received in accordance with the procedures established in this Code; and, I. To support, upon request, the efforts of the city council and other city commissions in the assessment of the general development needs of the community. 2-5C-14: GRIEVANCE PROCEDURE; REVIEW STANDARDS; APPEAL PROCESS: The grievance procedure for the CDBG program is as follows: A. Any aggrieved person may file a grievance with the city manager. B. Grievances must contain a concise statement of the grievance and an explanation of the action desired. C. The city manager must forward the grievance to the commission within seven (7) business days of its receipt. D. The commission, within fifteen (15) working days of the receipt of the grievance, must set a time for a hearing. The complainant must be notified in writing of the time and place of the hearing. If a grievance is resolved prior to the date of the hearing, the aggrieved party must request in writing that the grievance be withdrawn. E. The commission must conduct a hearing to review the grievance. The grievant may appear in person, by agent, or by attorney. All persons wishing to appear before the commission have an opportunity to be heard regarding the grievance. Minutes must be kept of the proceedings of the hearing. F. The commission must forward its recommendation, in writing, to the city manager within ten (10) business days following the hearing. G. The city manager must receive and review the recommendation of the commission and respond to the grievant within ten (10) business days of the receipt of the recommendation. The commission must be advised of the action of the city manager. H. The recommendations of the commission must comply with the regulations established by the U.S. Department of Housing and Urban Development for the CDBG program under Title I of the Housing and Community Development Act of 1974 and this Code. I. If the grievant is unsatisfied with the response of the city manager, an appeal may be filed with the city clerk. The appeal must be forwarded by the city clerk to the city council. The city council may, at its discretion, hold a hearing to consider the concerns of the grievant. J. Upon review of the appeal, the city council must: 1 . Accept the response of the city manager; 2. Modify the response of the city manager; or, 3. Return the grievance to the city manager for further review. If the outcome of such appeal is unsatisfactory, the complainant may file a written appeal with the U.S. Department of Housing and Urban Development. 2-5C-15: PROCEDURES FOR OPERATIONS: The commission must operate in accordance with the standards and procedures set forth in the city's CDBG program's Citizen Participation Plan. 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 _ day of , 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance.