Code Ord. Update
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MEMORANDUM
October 30,2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Revision
On August 21, 2006, City Council directed staff to present chapters from the City of
Dubuque Code of Ordinances requiring policy direction to them one or two chapters at a
time.
City Attorney Barry Lindahl, City Clerk Jeanne Schneider, and Assistant City Manager
Cindy Steinhauser are proposing changes in Chapters 6, 15 and 25 of the City of
Dubuque Code of Ordinances as follows:
Chapter 6 - Amusements. They are recommending that this entire chapter be
eliminated as there are a minimum number of licenses issues, it is outdated and not
cost effective.
Chapter 15 - Community Development. The major change in this chapter was moving
Article III - Industrial Projects to a new chapter entitled "Economic Development."
Chapter 25 - Historic Preservation. They are commending that this chapter be
incorporated into the Unified Development Code and updated at that time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~k~~~
./
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne F. Schneider, City Clerk
W~~E
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MEMORANDUM
October 26, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Cindy Steinhauser, Assistant City Manager
Barry A. Lindahl, City Attorney
Jeanne F. Schneider, City Clerk
SUBJECT: City of Dubuque Code of Ordinances Revision
Backaround
On August 21, 2006, City Council directed staff to present chapters from the City of Dubuque
Code of Ordinances requiring policy direction to them one or two chapters at a time. At the
October 2,2006 City Council meeting, Chapters 31 and 35 were reviewed and changes
approved.
Discussion
At this time we are recommending changes to Chapter 6 - Amusements; Chapter 15 -
Community Development; and Chapter 25 - Historic Preservation. Attached are the "red-
lined" versions of Chapter 6 and Chapter 15. A copy of Chapter 25 is not provided as the
chapter was not reviewed as part of this project. The proposed changes are as follows:
Chapter 6 - Amusemerts '.,^.Ie .3~e recommendil1g that thi<.> entire Chapter be eliminated
as there are a minimum number of licenses issued, it is outdated and not cost effective.
Chapter 15 - Community Development. The major change in this chapter was moving
Article III - Industrial Projects to a new chapter entitled "Economic Development."
Chapter 25 - Historic Preservation. We are recommending that this chapter be
incorporated into the Unified Development Code and updated at that time.
The final chapter for review is Chapter 10 - Boats, Boating and Waterfront Structures and this
will be brought to you as a separate agenda item.
Reauested Action
The requested action is for City Council to review these two chapters and to approve the
recommended changes.
t
DELETE THIS ENTIRE CHAPTER
CHAPTER 6
AMUSEMENTS
ARTICLE I. IN GENERAL
Sees. 6-1-6-15. Reserved.
ARTICLE II. BILLIARD AND POOL HALLS
DIVISION 1. GENERALLY
Sec. 6-16. Definition 29.
As used in this article, "billiard and pool halls" shall mean any business in which pool
tables or billiard tables are operated for profit, whether as a principal part of the
business, or conducted in connection with some other business, except non-profit
corporations and fraternal associations operating pool and billiard tables primarily for
their own members. (Code 1976, ~ 6-16)
Sees. 6-17-6-28. Reserved.
DIVISION 2. LICENSE
Sec. 6-29. Required.
No billiard and pool hall shall be established or conducted within the city without there
first having been procured from the city manager a license for that purpose. (Code
1976, ~ 6-29)
Sec. 6-30. Fees.
The owner or operator of a pool or billiard hall shall pay a license fee of five dollars
($5.00) for each pool or billiard table, per year. (Code 1976, ~ 6-20)
Sec. 6-31. Revocation.
In addition to any fine or imprisonment for violations of this article, the license required
by this division may be revoked at the will of the manager. (Code 1976, ~ 6-31)
Sees. 6-32-6-42. Reserved.
ARTICLE III. BOWLING ALLEYS
Sec. 6-43. Definition 31.
.
As used in this article, "bowling alley" shall mean any business which, as its principal
business or in connection with some other business, operates bowling alleys, box ball
alleys, duck pin alleys, or similar devices for profit, excepting charitable, corporation, or
fraternal associations operating such devices primarily for their own members. (Code
1976, ~ 6-43)
Sec. 6-44. License required
No person shall operate a bowling alley without first obtaining a license therefor. (Code
1976, ~ 6-44)
Sec. 6-45. License fee.
The owner or operator of a bowling alley shall pay a license fee of five dollars ($5.00)
per year for each bowling alley, or similar device. (Code 1976, ~ 6-45)
Sec. 6-46. Exemptions.
The city council may, upon proper application and showing, exempt any disabled
veteran, or crippled, disabled or indigent person, from all or part of the provisions of this
article. (Code 1976, ~ 6-46)
Sees. 6-47-6-57. Reserved.
ARTICLE IV. CIRCUSES, CARNIVALS AND MENAGERIES
Sec. 6-58. Permit-Required
No circus, menagerie, carnival or show shall be held within the city without a permit
having first been procured therefor from the city manager. (Code 1976, ~ 6-58)
Sec. 6-59. Same-Fees prerequisite to issuance.
No permit required by Section 6-58 shall be issued without the following fees having
been paid therefor in advance:
(1) For each circus or menagerie two hundred dollars ($200.00) for the first day and one
hundred dollars ($100.00) for each succeeding day.
(2) For each wild west show one hundred twenty-five dollars ($125.00) for the first day
and seventy-five dollars ($75.00) for each succeeding day.
(3) For each dog and pony show fifty dollars ($50.00) for the first day and twenty-five
dollars ($25.00) for each succeeding day.
(4) For each carnival fifty dollars ($50.00) for the first day and twenty-five dollars
($25.00) for each succeeding day. (Code 1976, 96-59)
Sec. 6-60. Same-Further conditions to issuance.
The-Gity-GouflciUel>eAIeS-the-rjght-to-lmpose-addJtionaLcondJtions...anrl rF!!;tridinn!; ::l!; ::l
condition to the issuance of the permit required by Section 6-58 as the circumstances,
from time to time, may require. (Code 1976, 96-60)
Sec. 6-61. Manner of conducting.
Circuses, menageries, carnivals and shows, shall at all times be conducted in an
orderly, peaceful, lawful and quiet manner and so as not to interfere with or obstruct
streets and highways near and adjacent to where such performances are being held.
(Code 1976, 96-61)
Sec. 6-62. Excluded from residence neighborhoods.
(a) The term, "residence neighborhood or district" as used in this section shall be
defined to be any part of the city which is built up with residences, homes, churches or
schools where such buildings are within two hundred fifty (250) feet in any direction of
the place where it is proposed to hold or conduct such performances.
(b) No person shall be permitted to conduct or operate a circus, menagerie, carnival
or show anywhere within the city in residence neighborhoods or districts. (Code 1976, 9
6-62)
Sec. 6-63. Parades.
Circus parades shall be permitted only with the approval of the city manager who shall
prescribe the streets wr.:::h may be uSAd. CirclJs vehicles, except in parades, :;11..:: not
be drawn over streets paved with soft top materials whenever a hard top street can be
used. (Code 1976, 9 6-63)
Sec. 6-64. Exemption from fees.
Nonprofit, tax exempt organizations located within the city shall be exempt from the
payment of fees as set forth in Section 6-59; however, such organizations shall be
subject to all other requirements of this article. (Code 1976, 9 6-64)
Secs. 6-65-6-74. Reserved.
ARTICLE V. OPEN AIR SHOWS
Sec. 6-75. Definition 34.
As used in this article, "open air show" shall mean any traveling show, exhibition or
amusement conducted for profit in the open air, or in any tent, or other temporary
structure. (Code 1976, ~ 6-75)
Sec. 6-76. License required
No person shall conduct an open air show without first obtaining a license therefor.
(Code 1976, ~ 6-76)
Sec. 6-77. License Fees:
The license fee for an open-air show shall be seventy five dollars ($75.00) for the first
day and twenty five dollars ($25.00) for each succeeding day; provided that, where the
council shall find that the profits from such show are devoted to civic, charitable,
patriotic or other public purposes it may remit the fee in whole or in part. (1976 Code, ~
6-77)
Sec. 6-78. Exemptions:
The city council may, upon proper application and showing, exempt any disabled
veteran, or crippled, disabled or indigent person, from all or part of the provisions of this
article. (1976 Code, ~ 6-78)
Sees. 6-79-6-89. Reserved:
ARTICLE VI. PUBLIC DANCES AND DANCE HALLS
Sec. 6-90. Definitions1:
As used in this article, the following terms shall have the meanings ascribed to them:
Public Dance Hall: A.ny room, place or space open to th~ ::>:.:b!!c 'Nhere daiicing is
atloweu with or without the payment of a fee, notwithstanding the fact that food may be
served therein and a restaurant license held pursuant to state law, this code or other
ordinance of the city.
Public Dance Or Public Ball: Any dance to which the public generally may gain
admission with or without the payment of a fee. (1976 Code, ~ 6-90)
Sec. 6-91. Dance Hall To Be Licensed; Manager To Countersign License; Manager May
Refuse To Countersign License Or Revoke License; Grounds2:
(a) It shall be unlawful to hold any public dance or public ball until the dance hall in
which the dance or ball is to be held shall have first been duly licensed for such
purpose. The license shall be issued by the clerk and countersigned by the manager,
and the fee therefor shall be paid at the time of the issuance of the license.
(b) The manager may refuse to countersign the license or, if it has been
countersigned, may revoke the license for disorderly or immoral conduct on the
premises or for a violation of any of the provisions of this code, other ordinances of the
city and state laws governing or applying to public dance halls or public dances.
(0) 1f-at-aflj4ime-tRe-liGeAse..{)La-public-daflce-halUs-!ellOkp.rl, ::It 1p.::I!'lt !';ilC (6) months
shall elapse before another license shall be granted to the licensee for dancing on the
same premises. (1976 Code, ~ 6-91)
Sec. 6-92. Annual License Fees:
Each person engaged in or conducting a public dance hall or giving public dances shall
pay to the clerk each year in advance at the time of the issuance of the license required
by this article, a license fee as follows:
(1) If the dance hall has a floor space not exceeding two thousand five hundred (2,500)
square feet, the annual license fee shall be fifteen dollars ($15.00).
(2) If the dance hall has a floor space exceeding two thousand five hundred (2,500)
square feet, the annual license fee shall be twenty five dollars ($25.00). (1976 Code, ~
6-92)
Sec. 6-93. Basis Of Computation Of Floor Space:
For the purpose of this article, in computing floor space, only that portion of the floor
actually used for dancing shall be considered. (1976 Code, ~ 6-93)
Sec. 6-94. Persons Giving Occasional Dances May Obtain Special Permit Therefor;
Permit Fee:
(a) Each person giving an occasional public dance shall obtain in advance a special
permit for each da:;:::e and shall pay to the ,::Ier!{ a pz~:nji fee of five doilars ($5.00) for
each such dance given.
(b) Any person giving a public dance on an average of once a month shall be
regarded as conducting public dances and shall be liable for the annual license fee as
provided in this article. (1976 Code, ~ 6-94)
Sec. 6-95. License Year; Disposition Of Fees For Licenses And Permits:
(a) Each license granted pursuant to this article shall expire March 31 in each year.
(b) All monies received by way of license or permit fees shall be paid into the
general fund of the city. (1976 Code, ~ 6-95)
Sec. 6-96. Police Officer To Be Employed For Certain Dances And Dance Halls;
Selection Of Officer; Compensation:
(Rep. by Ord. 61-01, ~ 1,10-1-2001)
Sec. 6-97. License To Be Posted:
Each person issued a license pursuant to this article shall post the license in a
ooA5j:liooEHls-plaGe-iA-tJ:le-dance-l"lall. (1976 Code, ~ 6-97)
Sec. 6-98. Supervisory And Enforcement Authority Of Employed Police Officer:
(Rep. by Ord. 61-01, ~ 1, 10-1-2001)
Sec. 6-99. Cleanliness Of Premises; Passageways To Be Unobstructed; Vacation Of
Premises; Grounds; Conduct Of Patrons3:
(a) All public dance halls shall be kept at all times in a clean and sanitary condition,
and all stairways and other passages and all rooms connected with a dance hall shall
be kept open and well lighted.
(b) The chief of police and all other police officers of the city shall have the power to
cause the place, hall or room where any dance or ball is held or given to be vacated
whenever any disorder, which constitutes an imminent threat to the public safety, shall
take place therein.
(c) Disorderly or intoxicated persons shall not be permitted to attend a public dance
or remain in or about a public dance hall. (1976 Code, ~ 6-99; Ord. 61-01, ~ 2, 10-1-
2001)
Sec. 6-100. Closing Hours:
All public dances shall be discontinued, and all public dance halls shall be closed, on or
before the hour of one o'clock (1 :00) A.M. of each day of the week, and no dancing shall
be carried on in any public dance hall at a later hour than one o'clock (1 :00) A.M. (1976
Code, S 6-100)
Sec. 6-101. Patrons To Be Allowed To Participate In All Dances For One Admission
Fee; Pass-Out Or Return Checks Prohibited:
The admission fee to a public dance or public dance hall, if any, shall entitle any person
paying the fee to participate in all dances and no separate or individual fee shall be
charged or collected for participation in any individual dance. No pass-out or return
checks shall be issued and persons leaving the dance hall and its anterooms shall not
be readmitted thereto, except upon payment of the regular admission fee. (1976 Code,
~ 6-101)
Sec. 6-102. Exemptions:
The city council may, upon proper application and showing, exempt any disabled
veteran, or crippled, disabled or indigent person, from all or part of the licensing
provisions of this article. (1976 Code, S 6-102)
Sees. 6-103-6-113. Reserved:
Agr-lCLE \/11 SHOOTIf\lG-GAI I FRIFS
Sec. 6-114. License Required4:
No person shall operate a shooting gallery without first obtaining a license therefor.
(1976 Code, S 6-114)
Sec. 6-115. License Fees:
The license fee for shooting galleries is hereby fixed at two dollars ($2.00) per day; five
dollars ($5.00) per week; or ten dollars ($10.00) per month. (1976 Code, S 6-115)
Sec. 6-116. Exemptions:
The city council may, upon proper application and showing, exempt any disabled
veteran, or crippled, disabled or indigent person, from all or part of the provisions of this
article. (1976 Code, S 6-116)
Sees. 6-117-6-127. Reserved:
ARTICLE VIII. THEATERS AND HALLS
Sec. 6-128. License-Required:
No person shall operate a theater, motion picture theater, opera house or other building
or ha!! used fc~ j)ublic entertainment without first uotaini"Q a Iice"c:e therefor. (1976
Code,s 6-128)
Sec. 6-129. License-Fees:
The fees for the license required by this article shall be as follows:
(1) For those having a seating capacity of two hundred fifty (250) or less, twenty five
dollars ($25.00) per year;
(2) For those having a seating capacity of more than two hundred fifty (250), but less
than four hundred (400), fifty dollars ($50.00) per year;
(3) For those having a seating capacity of more than three hundred ninety nine (399),
but less than eight hundred (800), seventy five dollars ($75.00) per year;
(4) For those having a seating capacity of eight hundred (800) or more, one hundred
dollars ($100.00) per year. (1976 Code, 96-129)
Sec. 6-130. License-Proration:
Ally-pefson-starting in b\;lstAess-afteF-Apr~I4,fGl'-WJ:1jcl+an-am:IUaUjcense is req11ired.
may apply for and have issued to such person a license as provided by section 31-6 of
this code. Motion picture theaters under a common roof, but containing separate seating
facilities and separate movie projection display facilities, shall be deemed separate
theaters for the purposes of this article. (1976 Code, 9 6-130)
Sec. 6-131. Compliance With State And City Regulations Required:
All rules, regulations and requirements of the laws of the state and the city building code
relating to theaters, motion picture shows and exhibition halls shall be strictly complied
with and such regulations are made a part of this article by reference thereto. (1976
Code, 96-131)
Sec. 6-132. Exemptions:
The city council may, upon proper application and showing, exempt any disabled
veteran, or crippled, disabled or indigent person, from all or part of the provisions of this
article, relating to licensing. (1976 Code, 96-132)
Sees. 6-133-6-144. Reserved:
ARTICLE IX. ROLLERSKATING RINKS
Sec. 6-145. Definitions6:
As used in this article, the following terms sh::::: h;:;-Je i:,fi:l indicated mean;~gs:
Resident Property Owner: The owner or owners of property that is being occupied by
people as homes, or places in which to live.
Rollerskating Rink: Any room, place, floor, or space in which rollerskating is conducted
or allowed, and where admission can be had by the payment of a fee or by purchase,
possession or presentation of a token or ticket, or in which a charge is made for the
care of clothing or other property, or for the rental of roller skates, or where the public
generally may gain admission with or without the payment of a fee for rollerskating.
(1976 Code, 9 6-145)
Sec. 6-146. License-Required:
No person shall engage in the business of operating a rollerskating rink without first
obtaining a license therefor. (1976 Code, 96-146)
Sec. 6-147. License-Fee:
The annual fee for a rollerskating rink license shall be one hundred dollars ($100.00),
payment of which shall be prerequisite to issuance of the license. (1976 Code, ~ 6-147)
Sec. 6-148 Licer:lSe-Revocation'
The license of any rollerskating rink shall be revoked by the city manager for disorderly
or immoral conduct on the premises or for the violation of the provisions of this article. If
at any time the license of a rollerskating rink shall be revoked, at least six (6) months
shall elapse before another license shall be granted for the use of the same premises
as a rollerskating rink. (1976 Code, ~ 6-148)
Sec. 6-149. Consent Of Neighboring Property Owners Required For Location:
It shall be unlawful for any person to conduct in the city a rollerskating rink unless the
written consent of eighty percent (80%) of the resident property owners within two
hundred feet (200') from the location of such rollerskating rink is first secured and filed in
the office of the city clerk. (1976 Code, ~ 6-149)
Sec. 6-150. Cleanliness; Sanitation; Safety8:
Every rollerskating rink shall be kept at all times in a clean, healthful and sanitary
condition, and while any skating is held therein, the entire skating rink and all rooms
connected therewith, and all sidewalks and passageways leading into such rink shall be
kept open and well lighted at all times. (1976 Code, ~ 6-150)
Sec. 6-151. Certain Persons And Acts Prohibited:
Any person conducting or operating a rollerskating rink shall not permit in such rink or
on the premises on which s'y;h rink ;s situated:
(1) The presence of any person sixteen (16) years of age or less after nine thirty o'clock
(9:30) P.M. of any day unless accompanied by such person's parent or lawful guardian;
provided however, that this subsection shall not apply to any rollerskating rink in any
permanent enclosed building which has been built especially for the purpose of
conducting a rollerskating rink.
(2) The use of any intoxicating liquor or drug.
(3) The presence of any person under the influence of intoxicating liquor or drug.
(4) The presence of any person having in such person's possession or offering for sale,
selling or giving away, any intoxicating liquor or drug.
(5) The presence of idlers, loiterers, or other hangers-on. (1976 Code, ~ 6-151)
Sec. 6-152. Noises9:
No loud or unusual noises shall be permitted upon any rollerskating rink premises, nor
shall any music be played unless such music shall be so controlled as not to constitute
a nuisance. (1976 Code, ~ 6-152)
Sec. 6-153. Permitted Hours Of Operation:
All public rollerskating rinks shall be closed on or before the hour of ten thirty o'clock
(10:30) P.M. each and every night and no such public rollerskating rink shall be open or
any skating permitted between such closing hour and the hour of two o'clock (2:00) P.M.
the following day; provided, however, that any rollerskating rink operated in any
permanent building which has been built especially for the purpose of conducting a
rollerskating rink therein may be and remain open between the hours of nine o'clock
(9:00) A.M. and twelve o'clock (12:00) midnight on weekdays and between the hours of
twelve o'clock (12:00) noon and twelve o'clock (12:00) midnight on Sundays. (1976
Code, ~ 6-153)
,r
Chapter 15
COMMUNITY DEVELOPMENT
ARTICLE I. IN GENERAL
Secs. 15-1-15-10. Reserved:
ARTICLE II. MUNICIPAL HOUSING POWERS
DIVISION 1. MUNICIPAL HOUSING AGENCY
Sec. 15-11. Municipal Housing Agency And Governing Board:
(a) The city council has determined it to be in the public interest for the city to directly
exercise its municipal housing powers under Iowa Code chapter 403A. The city is the
designated municipal housing agency for the city and shall exercise all the powers as
are provided for in Iowa Code chapter 403A. The governing body of the municipal
housing agency shall be the municipal housing governing board, referred to in this
chapter as the "governing board", consisting of the city council and one member
appointed as provided in subsection (b) of this section. The governing board shall
comply with the procedural rules of the city council and shall have final jurisdiction over
all matters of the municipal housing agency. The city manager is authorized to direct,
administer, and manage the agency through the department of housing and community
development.
(b) The appointed member of the governing board shall be the member of the
housing commission appointed pursuant to subsection 15-23(e) of this article.
(c) The mayor shall preside at all meetings of the governing board and shall execute
agreements, deeds and other documents as mayor of the city of Dubuque. (Ord. 5-02, S
1, 1-21-2002)
Secs. 15-12-15-20. Reserved:
DIVISION 2. HOUSING COMMISSION
Sec. 15-21. Created:
There is hereby created a housing commission~(1.9!f3.C::.0<JE!L!U' .i/2:.7f3)
Sec. 15-22. Purpose; Approval Of Proposals:
(a) The housing commission shall monitor and evaluate city housing needs and shall
make recommendations to the Citv Council as to how those needs can be met. In
1
Deleted: to have such powers and
responsibilities to the extent of the
authority granted by the city council.
furtherance of this mission, the housing commission's duties and responsibilities shall
include, but not be limited to, the following:
(1) To contribute as appropriate in the planning, coordinating and review of
housing development;
(2) To conduct public hearings to ensure meaningful citizen input in the planning,
implementation and assessment of the city's housing programs;
(3) To provide for and encourage the participation of low and moderate income
persons in the planning, implementation and assessment of housing programs;
(4) 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;
(5) 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;
(6) To support the efforts of the Citv Council and.o.th.er(;itynC<lrrlrn.i!l~i.on.s.inthen ..{ Deleted: cly council
assessment of the general housing needs of the community;
(7) To undertake from time to time other specific ongoing housing planning which
may be referred to it by the Citv Council;n. ../[ Deleted:clyccuncll
(8) To research and recommend to the Citv Cou ncilllOliciEl~ .andJ'r()gr13rrlsn n n......' < '1 Del_d: cly council
facilitating the development of affordable housing; '. Deleted:
(9) To undertake public information efforts to educate citizens of the availability of
federal, state and locally funded housing assistance programs;
(10) To assist in the preparation of the housing element of the city
comprehensive plan and the annual consolidated plan;
(11) To offer comment, as appropriate, on the consistency of proposed housing
development with the comprehensive plan, consolidated plan and existing city housing
strategies.
(b) Any proposed low rent housing project shall be subject to specific approval by
the city council and any project requiring a referendum as provided inJhe Code of}olll/am./ j :::ted,chapter403Aoftha ,.7.
shall be submitted to the voters of the city in accordance with such chapter.
(c) The housing commission shall monitor the city's housing program and conduct
hearings on grievances which arise out of the operation of such program except in the
area of housing code enforcement.
2
(d) The housing commission shall undertake such additional duties, with regard to
the housing trust fund, as are specified in..code of Ordinances, (1976C:e>de, .~.11.112:
77; Ord. 53-92, ~ 1, 7-20-1992; Ord. 47-96, ~ 1, 10-7-1996)
Sec. 15-23. Membership; Vacancies; Qualifications:
(a) The housing commission shall be comprised Q!.tE!n(10)
members.
(b) Appointments shaU.be..foraterm of.threE!.(3) yellrt\....
----- _.__._~_.
(c) Vacancy caused by death, resignation or otherwise on the commission shall be
promptly filled by thepitv Councilfortheu.nexl'iredterrnofe>ffic13'
(d) At least three (3) members of the commission shall be selected specifically on
the basis of experience in real estate development, banking, finance, accounting, funds
management or other related areas of expertise.
(e) One member of the commission shall be a person who is a recipient of tenant
based rental assistance under section 8 of the United States housing act of 1937 (42
USC 1437f) whose name appears on a lease of section 8 property and who is eighteen
(18) years of age or older. If such member ceases to be a recipient of rental assistance
under section 8, the term of such member shall be deemed terminated and a new
member who meets the requirements of this subsection (e) shall be appointed for the
remainder of the term. (Ord. 53-92, ~ 2,7-20-1992; Ord. 69-92, ~ 1, 9-8-1992; Ord. 28-
00, ~~ 1, 2, 3-20-2000)
Sec. 15-24. Meetings:
(a)
The housing commission shall meet not less than monthlv...
(b) Members of the commission shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member does
not attend such flrescribedn~rnl:>erofme13tings,itshall constitut13.gre>~n.ds. forthe.. .
commission to recommend to the city council that~rnemberb13.rE!fl'age~,.Ihe__
attendance of all members shall be entered upon the minutes of all meetings.
..,[ :~:chapter26,artIcIeIllOfthjS ]
Deleted: of a membership of
Deleted: persons
Deleted: Current commissioners
whose terms expire August 17, 1993,
shall continue to serve until such
time, or until a successor is duly
appointed. Three (3) commissioners
shall be appointed for an Initial term
of two (2) years, and three (3)
commissioners shall be appointed for
an initial term of three (3) years. All
. subsequent appoiltments "
, Deleted:, or until a successor Is duly
appointed.
'f[;leted: city ~ncil
Deleted: hold at least one official
meetWlg per month.lI
."~ Deleted: a
_ - - Dektted: said
i ~__mJh;;h()usingc:()ml1li!;sion.s.h.all.fi.I13Wilt1 t~E!.cily .clerk a. c()J:lyoft~~rn;r,u.tc".c:L.....__ /1 0.'_: (0) A;I m"'~"' ",.".. !
each regular and special meeting of the commission within ten (10) working days after .. :::Io:"~O;;::~:::~'meet"g. I
each such meeting. (1976 Code, ~ 11 1/2-79) \:,-.. Iaw.~
\.... Del_,~
Sec. 15-25. Compensation: ' . Deleted: d
All members of the commission shall serve without compensation except for
reimbursement of necessary expenses. (1976 Code, ~ 11 1/2-80)
3
Deleted: council
Sec. 15-26. Internal Organization And Rules:
'.
The commission may adopt rules and regulations to govern its organizational ,:::::-.
procedures as .ilm13Y .d.e.e.l11. ~Elc.e.s~13ry. .a.ncl. ""hic:h.a.re. .n.ot. i~.c.o.nflict ""it.h thisartic:le......... n. /
(1976 Code, 9111/2-81)
Sec. 15-27. Procedures For Operations:
All administrative personnel, accounting, budgetary and procurement policies of the city
shall govem the commission in all of its operations. (1976 Code, 9 11 1/2-82)
Secs. 15-28-15-35. Reserved:
MOVE TO SEPARATE CHAPTER - ECONOMIC DEVELOPMENT
'ARtlci:ElILgQMr.1QNjty[)~\jE~gj:if.,1:~;.jf:ii.:[j\ii~Q~YgQMf.,1j~~i9N:::::::::.. d
Sec. 15-46. Created; Composition:
There is hereby created a community development advisory commission whose primary
purpose shall be to provide for citizen participation in the development and evaluation of
the city of Dubuque's community development block grant ("CDBG") program.
The commission shall comprise nine (9) members; four (4) members shall be residents
of census tracts and block groups where at least fifty one percent (51 %) of the residents
are low/moderate income persons as detemnined by the United States department of
commerce, bureau of the census; four (4) members shall be residents of the community
at large; and one member shall be that member of the housing commission designated
by the housing commission. (Ord. 83-92, 11-2-1992; Ord. 88-95, 95,12-18-1995, eff. 1-
1-1996; Ord. 42-2003, 91, 5-19-2003)
Sec. 15-48: Terrri;nF'iiiirigO(Vaca'rides;'Compeiisaiion:
I The term of office for a commission member shall be three (3) years..
I ........................................... n n............. .......m............................................................
A commission member may be removed at any time with", without cause by a vote of
I two-thirds (2/3) of all members of the Citv CounciL.nn.. m........n n.n........ nn........ ...
A vacancy occurring on the commission caused by resignation or otherwise, shall be
filled by appointment of the city council for the remainder of the unexpired term.
Members of the commission shall serve without compensation except for actual
expenses, which shall be subject to approval by the city council. (Ord. 83-92, 11-2-
1992)
4
, Deleted: they
Deleted: or other resok.rtions and/or
decisions of the city.
Deleted: ARTICLE Ill. INDUSTRIAL
; PROJECTSll
: Deleted: ~
Sec. 15-3f3. Industrial Revenue
Bonds-Investigation Fee:lI
~
Whenever, and as often as, any
corporation shall request the city to
finance any project by issuance of Its
Industrial revenue bonds, such
request shall be accompanied by a
nonrefundable deposit In the amount
of three thousand fNe hundred dollars
($3,500.00) to cover prelininary
expenses of the city In its
investigation of the desirability and
feasibility of such financing. Such
payment will be disbursed by the city
to cover such expenses regardless if
any such financing Is completed, but
may be repaid as a project cost from
bond proceeds If and when such
bonds are Issued. (1976 Code, ~ 11
112-126)11
~
Sec. 15-37. Industrial Revenue
Bonds.Financing Fee:1(
~
(a) The city shall charge a fIlancing
fee to be determined by the city
council each time industrial revenue
bonds are issued by it under the
provisions of this artlcle.1(
~
(b) Fees so determined shall be not
less than flYe thousand dollars
($5,000.00) nor greater than the
amount equal to ten dollars ($10.00)
per one thousand dollars ($1 ,000.00)
of bonds for the first one million
doUars ($1 ,000,000.00) of bonds
issued, five dollars ($5.00) per one
thousand dollars ($1,000.00) of bonds
for the next four million dollars
($4,000,000.00) of bonds issu ... 1
Deleted: IV
Deleted: Sec. 15-47. Application
And Appointment process:1(
~
The process of appointment to the
commission by the city council shalf
Include at least the foilowing
.'.ment':1J Co'll
.' Deletecl: except as set forth below.
Deleted: The initial terms of the
commission shall be as foliows:1(
~
(1) For each of the five (5) residents
of the five (5) census tracts with the
lowest median household income as
determined by the U.S. depalll"( 'n r3
l Deleted: city council
Insert Sec. 15-51. Orqanization
Sec. 15-49. Orqanization:
The Commission shall choose annuallv. at its first reqular meetinq of the fiscal vear. one
of its members to act as chairperson. and another of its members to act as vice
chairperson. to perform all of the duties of the chairperson durinq the chairperson's
absence or disabilitv. The Commission shall adopt such rules and requlations qoverninq
its orqanization and procedures as it mav be deemed necessarv. consistent with the
followinq:
(1) The Commission shall meet as necessarv to fulfill the purposes for which the
Commission was created.
(2) Members of the Commission shall attend at least two-thirds (2/3) of all reqularlv
scheduled meetinqs within anv consecutive twelve (12) month period. If anv member
fails to attend such prescribed number of meetinqs. such failure shall constitute qrounds
for the Commission to recommend to the Citv Council that said member be replaced.
Attendance of all members shall be entered in the minutes.
(3) The Commission shall file with the Citv Clerk a copv of the minutes of each reqular
and special meetinq of the Commission within ten (10) workinq davs after such meetinq.
(Ord. 83-92.11-2-1992)
{ De'eted: ~
.' { De'eted: 49
t.___ ..._ .............................-.-_......_....._
Sec. 15-~. Duti,e,sAnd Responsibilities; General: .
The commission shall have the following duties and responsibilities:
(1) 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 city's CDBG program;
(2) To provide for and encourage the participation of low and moderate income persons
who reside in designated areas of slum and blight and residents of low and moderate
income neighborhoods, as defined by the city council, in the planning, implementation
and assessment of the CDBG program;
(3) To identify community development needs, particularly the needs of persons of low
and moderate income;
(4) To serve in an advisory role upon the request of the city council in policy decisions
regarding funding priorities and program development and implementation;
(5) To monitor and evaluate program activities to advise whether identified community
development objectives have been met;
5
(6) 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;
(7) To assist in the preparation of the statement of community development objectives
and projected use of funds, amendments thereto and required reports including, but not
limited to, the annual grantee performance report (GPR) and the annual comprehensive
housing assistance strategy (CHAS);
(8) 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 section 15-52 of
this article; and
(9) 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.
lQrd. 83~!l2,11~2~1992)
Sec. 15-g"D~tie,s,AndResf)onsibilities;GriEl\la.n<;ElF'rClC:ElclUre;. ,~El\li,El\N Standards;
Appeal Process:
,/"
The .,Qrieva.ncEl.p.r()cEl~~ re lor theucornmunityd,e.vE!I()Prn.el1t.i:JI()C.k .gr!ln.t .P.rogra.rn shall be u.
as follows~ u
ill Any ~ggri~v~~person.iiiaYfil~ ~9rie~~n.~e .....i,th. tl1~. ciix' r.;1anaCler............ .......,........,
ill. (3rievances.,s~!lIl. C:Clntain. a. concise statem.ent of. t~El.griev!ln.c,e. .al1~. !In. .e,xf)l!ln,ation..... 'i
of the action desired. \. :'<::-.
I ,Q),The City ManagershaJlforward the grievance tolheCommission within sevel1(7)
working days of its receipt.
, Deleted: The city council shall have
the authority to establish or revise the
priorities of the commission.
Deieted: 50
. Deleted: commission shell
participate in the fOllowing desaibed
Deleted: established by the city
council
De~:.
Deleted: (1) AU complailts regardng
the community development block
grant (CDBG) program shall be
handled in accordance with the
foaowing described grievance
procedure.lI
Deleted: A
Deleted: .
" '\ Deleted: shall
, Deleted: city manager
" Deleted: Grievances shall be filed In
a timely manner and must be
received by the city manager within
" one year of the alleged oCClJIT8nce.lI
-, "
\ \, \, \ Deleted: B
I ~e~~~c~:Te7~jl~~f~i~;~~~i~:.~t~~~~;~~~~I::~if;~.b~i~~ifI~~:it\~~.oi.th~....
time and place of the hearing. If a grievance is resolved prior to the date of the hearing,
the aggrieved party shall request in writing that the grievance be withdrawn.
\, 'o,'
, .
I illIhfl.c::.o.rn.rl1is.siClnus.hallconductahearing,toreviewthe.lHievance.Jhfl.orievant IT1<lL. "
...appear in person, by ligent, or by attorney. All persons wishing to appear before the ,..,
I Commission shall have an opportunity to be heard regarding the.orievance. Minutes " .
shall be kept of the proceedings of the hearing. umuuUUu , \\:.
I Jill. ThE!. c::omrnis.sion.s.hO'lII.for:"'!lr~. its. rE!C:Clrn.rn.e.n~!ltio.n,. il1.writin.g, .to thfl.c::ity .1VI.a.n0'l9flr..... \\\,'
within ten (10) working days following the hearing. . ,
6
Dekrted: shall be filed in writing and
Deleted: c.
Deletecl;d.
Deleted: rea....llab\e
Deleted: e.
Deleted: filed complaint
Deleted: The hesmg shall be open
to the public. A quorum of the
Commission snail be present.
Deleted: complainant
Deleted: complaint
. Deleted: 1.
\,.. '.
ill The c::ity, Manager !;haU receive, arld, ,review, th~, r~commendation of the (;ornmislli,on
and shall respond to the qrievant ""ithin tenJ10)wor~ing days.()fJhElJElceiptofthe,mp
recommendation. The Commission shall be advised of the action of the City Manager.
<m Ih~, recClrn.rnen~liltions, of .th.e(;Clrn.rni!;s,ion,!;h.all, c.ornPly .""ith. .the, regullilti()l1ll.....,'"
established by the U.S. Department of Housing and Urban Development for the
community development block grant program under title I of the Housing and
Community Development Act of 1974, as amended, and this Code.
(,g) If. the arievant is, unsati!;fle.d. ""it.h,th~, respo.n!;eof th~. c::.ity. tv'Ianager, lilrl. lilPp.eal.rnayu,
be made filed with the Citv Clerk ThElappealsh<iIl,b.eforvvard.ed,bytheCitYc::.I,erkJ(),the
City Council. The City Council may, at its discretion, hold a hearing to consider the
concerns of the .orievant.
!.1ill... Upon rel/iew. ()f ,th,eapP~lill, th~. c::.ity, (;()u rlc:il.!;h.a.1I ilil), acc.ept the. respon!;Elo.f .th~......,./
City Manager; (b) modify the response of the City Manager; or (c) return the .orievance .u/
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 (HUD). (Ord. 83-
92,11-2-1992)
Section moved.oriorto 15-49."
Sec:'1S:S2.Proceclures'For'Ciperation:"
The Commission shall operate in accordance with the standards and procedures set
forth in the City's community block grant (CDBG) program's citizen participation plan.
All administrative, personnel, accounting, budgetary and procurement policies of the
City shall govern the Commission in all its operations. (Ord. 83-92, 11-2-1992)
'lu___________
7
.. .
. .
..'
;':
,//
...-1 Deleted: g.
." Deleted: complainant
Deleted: 2
, Deleted: 3
..
'. Deleted: complainant
:.'
Deleted: to the City Council. Such
an appeal shall be filed, in writing,
with the City Clerk, City Hall-50 West
13th Street, Dubuque, Iowa.
Deleted: complainant.
Deleted: the completion of their
Deleted: move to either:
;' Deleted: complaint
.' Deleted: Sec. 15-51. Organization:
" Deleted: to
":: Deleted: The Commission shall
choose annually, at Its first regular
, meeting of the fiscal year, one Of its
members to act as chairperson, and
another of its members to act as vice
chairperson. to perform all of the
duties of the chairperson during the
chairperson's absence or disability.
The Commission shall adopt such
rules and regulations governing Its
organization and procedures as it
may be deemed necessary,
consistent with the following:lI
(1) The Commission shall meet as
necessary to fulfill the purposes for
whIch the Commission was created.lI
~
(2) Members of the Commission shall
attend at least two-thirds (2/3) of all
regularly scheduled meetings within
any twelve (12) month period. If any
member fails to attend such
prescribed number of meetings, such
failure shall constitute grounds for the
Commission to recommend to the
City Council that said member be
replaced. Attendance of all members
shall be entered in the mnutes.lI
~
(3) All meetings shall be held in
accordance with the provisions of the
Iowa Open Meetngs law.lI
~
(4) The Commission shaU file with tha
. City C::::.:: ::opy uf~he mnutes o!
each regular alit: special maetlng of
the Commission within ten (10)
wor1dng days aftar such meeting.
(Ord. 83-92, 11-2-1992)1J
Deleted: Article V. Enterprise Zone
Commissionll
~
Sec. 15-53. Created:lI
~
There is hereby created an Enterprise
Zone Commission. (Ord. 70-9 '" 4