Code of Ordinances Amendment - Title 2 Community Development Advisory Commission Copyrighted
July 15, 2019
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Title 2 Community
DevelopmentAdvisory Commission (Second Reading)
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. 33-19
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 Iowa 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.
1
C. Qualifications.
1. Four (4) members must be residents of census tracts and block groups
where at least fifty one percent (51 %) of the residents are low/moderate income
persons as determined by the United States Department of Commerce, Bureau
of the 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
Iowa Open Meetings Law.
2
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 Performance 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
4
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.
5
Ordinance 33-19
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 15th day of July 20
19.
1_ I
Attest:
K16 S. 4rnstahl, City Clerk
6
Roy D. Buol, Mayor
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:
July 19, 2019,
and for which the charge is $113.01
Subscribed to before me, Notary Public in and for
Dubuque County, Iowa,
thisc,7'0 day of
,20/9.
otary P L.f is in and for Dubuque C;.'ty, Iowa.
MARY K WESTERMEYER
Commission Number 154 2020
My Commission Exp.
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must be' ant must be notified ln'r
d held m con`- writing`of the time and:
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prrot't the date'of the
dance " " heafingg the aggrieved ''
event a co'm t` party must request iti+'
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three r (3)i'or grievance
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as of :all regu F. The comtprssion
pegiaftrhleet . must forwartl It rec
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in to 'the city rnan-
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V5044' - GRIEVANCE
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PROdJbO1 E;:O, 1�0
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is s lo n ePrs STANDARDS; I 1 .1
APPEAL
annually
Thegrievance' iciroj'64
clukeifdr;fhe Cbg'd pro-
t e, citv
not 4d" a'- vandell-kA lie'
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place of the g
and
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the
ave
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