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HomeMy WebLinkAbout1976-07-13 Bd Comm minutesIowa City Airport Commission ,Jun: 17, 1976 Iowa City Flying Service Conference Room MF.MBr.RS PRESENT: MEMBERS ABSENT: Gary Bleckwenn Dave Hartwig Jack Perkins Claude Peterson Dick Phipps NONE SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Chairman Perkins called the meeting to order at 7:00 P.M. Minutes of the May meeting were presented. Moved by Bleckwenn, second by Phipps, minutes be approved as presented. Motion carried. Bills for the month of June were presented. Hartwig moved, Phipps second the motion, bills be paid as presented. The Commission studied the computer read out and discovered they had been charged $2,660.00 for 7,000 gallons of diesel fuel and $2,034.00 for insurance. Neither bill having been approved for payment by the Commission. Jones was instructed to find out what happened. Phipps reported he had attended one meeting of the Johnson -Linn County Regional Planning Commission. Peterson presented plans for an additional set of T -hangars. He pointed out he had shot the area immediately west of the last set of T -hangars. The Commission went over the plans and Peterson stated he was to meet the City Engineer to workout the specks and bidding procedure. The Commission decided on July 15, 1976 as the date to hold a public hearing on the proposed plan and construction of the 10 Unit T -Hangar, which is the date for their regular meeting but will be held in the Council's Conference Room. Hartwig mentioned he had been called upon by Mr. Jay Haas, Regional Director of Airport Development, of L. Robert Kimball Consulting Engineers on the feasibility of conducting a Comprehensive Airport plan of the Iowa City Airport. It was the consenses of the Commission, that Mr. Haas should be invited to the July meeting to discuss his proposal. There being no other business, the meeting was adjourned at 8:40 P.M. and the Commission tour the Airport facilities. Next meeting, July 15, 1976, 7:00 P.M., City Councils' Conference Room, Civic Center 0 0 COP,11'1'111 ON CC74IfUNI'IY NEEDS MINUTES RECREAT'IoN CENITiR CONFERENCE ROCM B JUNH 16, 1976 MIh1BER.S PRl:SENT: Hibbs, Janiuk, Stockman, Conley, Hauer, Amidon, Dennis, Rolnick MIMBERS ABSENT: Kinnamon, Hall, Askerooth, Hintze, Nielson CITY STAFF PRESENI': Vann, Rodgers GUESTS PRESENI': Thea Sando - applicant for CCN Membership RECCNP(ENDATIONS TO CITY COUNCIL: CCN By -Laws recommended to Council as amended SUNIMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN 1. The meeting was brought to order by Chairperson Conley. It was moved by Dennis and seconded by Janiuk to approve the minutes of June 2, 1976. Motion carried. 2. Committee Concerns - It was moved by Janiuk and seconded by Dennis to amend the agenda to discuss committee concerns as Item I. Motion carried. Points brought out and discussed are as follows: a. Some members feel that Committee conversations are too much dominated by a few people and that the Chairperson should try to bring out everyone's opinion and prevent domination of the conversation. The Chairperson indicated that he will try to leave more dead space on the floor to give any member who wants a chance to speak up. b. It was suggested that a possible problem with members not speaking up is that they don't feel they are familiar enough with what is being discussed. Dennis suggested that members make more use of Julie's office as an information center to gain insight on current issues. c. Sub -committees should submit a FY 1977 calendar of projected activities. Conley and Rolnick will work with Julie on this. d. Sub -committees should come to CCN meeting to report on goals and why they are doing what they are doing. Copies of sub -committee reports and information should be at hand so that members can up -date themselves on the various functions. Handwritten sub -committee reports and information, that need to be typed and copied, can be done at the City through Julie's office. ��00 0 0 Committee on Community Needs .Jute 16, 1976 Page 2 C. It was brought out that it is everyone's job on CCN to gather and dispense information for the general public. It was emphasized that representation of public opinion should not be over -shadowed with too much personal bias. One method of dispensing information could be a constant series of articles to the mass news media. It was suggested that sub -committees be responsible for these written reports. Hauer emphasized the importance of oral communication and noted the finding of applicants to fill CCN vacancies as an example of where more talking would help. 3. Arch. Barrier Report has been typed and is ready for printing. Copies will be mailed to members prior to July 13th Council meeting. 4. Amended HCUA Budget - Council had approved and accepted the amended budgets as shown in handout. Discussions included the following topics: a. Urban Renewal Land Acquisition - .Julie stated that monies equal to the proposed 20% cut by HUD will be used to purchase Urban Renewal land from Council. By Federal law all profit from resale of land will automatically be put back into HCDA projects. b. Comprehensive Plan - How and when funds would be used for day care center planning, zoning evaluation, sludge treatment studies, and the Ralston Creek Study were questioned by Bolnick. Julie stated that money is available for these studies but the City is not currently staffed for additional studies and no plans for the first three are underway, as yet. Further Council action and interest is necessary before the projects will be acted on. Additional staff is needed. Hibbs suggested that by using resources available within the community, to get these studies done (such as graduate students, consultants, etc.) a high level of expertise might be obtained in a shorter period of time. 5. Communications Subcommittee Report - Discussion of potential newsletter to transmit i oto pu ic. a. Discussion of sub -committee member being designated to summarize activities for press releases. 6. Human Resources Sub -Committee - Duties were redefined and the sub- committee will be response e for day care needs and human needs studies. 7. Comb. Plan Sub -Committee will initiate work on commercial recycling, zoning evaluation and sludge treatment and generally monitor comprehensive planning activities. Committee on Community Needs June 16, 1976 Page 3 8. CCN B Laws - After minor corrections and additions it was moved by 1i s an seconded by Rolnick that the By be recommended to the City Council as amended. Motion carried. 9. It was moved by Hibbs and seconded by Dennis to adjourn the meeting. Motion carried. oanne Rodgers .11 LIBRARY BOARD OF TRO -EES • ��\A INFOR%LAL MEETING JUNE 2, 1976, 7:30 P.N1. DIRECTOR'S OFFICE MEMBERS PRESENT -Buchan, Farber, Moore, Hyman, Kirkman, Newsone, Ostedgaard, Richerson iM EbIBERS ABSENT: Bo>_anson STAFF PRESENT: Eggers, Carter, Prosser Summary of discussion and action taken The meeting was chaired by Library Building Coordinator David Kirkman who led an informal discussion of the second draft of the library building statement submitted by consultant Robert Rohlf. Following an extended discussion of the introductory material and the purpose of the document, it was requested that board member Bezanson's letter regarding the draft be sent to Rohlf along with other comments made at the meeting. The rough outline of the space allotments and public service stafEing as compared to the present building were reviewed. Meeting adjourned at 10:00 P.D1. Respectfully submitted, Ly7'tda S. Ostedgaard; Acting Socretary MINUTES IOWA CITY PLANNING AND ZONING MMISSION JULY 1, 1976 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ogesen, Jakobsen, Vetter, Blum, Kammermeyer, Cain MEMBERS ABSENT: None STAFF PRESENT: Schmeiser, Osborn, Brei RECQNMENDATIONS TO THE CITY COUNCIL: 1. To approve 5-7614, revised preliminary plat and Planned Area Development of Village Green, Part 6. 2. To vacate all of Ferson Avenue north of Park Road and south of Gould, subject to the retention of any existing public easement, that the center 20 feet be declared a public street or an officially approved place, and the agreement be contingent on an agreement between property owners relinquishing their right to street maintenance and snow removal. REQUESTS TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. That the Legal Department determine whether or not the PAD of Village Green, Part 6, would require extraordinary -majority vote of Council. 2. That the Legal Department provide information concerning use of restraints on auditor's plat. LIST OF MATTERS PENDING COMMISSION - COUNCIL DISPOSITION: 1. 72-04. Board of Adjustment Appeal Amendments. 2. P-7317. Creation of a University Zone (U). 3. P-7410. Creation of a Mobile Home Residence Zone (RM -I). 4. P-7403. Revision of Ml and M2 Zones. • -2- SOF DISCUSSION AND FORMAI, ACTIONS TAKEN: Chairman Ogesen called the meeting to orderand asked if there were any additions or corrections to the minutes of the Planning and Zoning Commission meeting held on June 17, 1976. It was decided to revise the fourth sentence in the last paragraph on page 3 to read Blum Pointed out that it is not incumbant on the residents of the area to review Home Town Dairies' "Commissioner moved that the P Z C Plans. He suggested that they do so and by Kammerme er Commission ... A motion was made b Blum, seconded Y , to approve as amended the minutes of the by 17 P 4 Z Commission meeting. Z-7608. Application submitted by Court Crest, Inc., to rezone a tract ��d located north of American Legion Road and east of Gay's Funeral Home from an R2 Zone to an R3A Zone; date filed: 6/21/76; 45 -day limitation: 8/5/76. Sam this particular 819 cu ce aw property. He and gave reasons against rezoning a higher population density P y' He stated this rezoning would cause had the most overcrowded sch olstofttthis area was already high noting it was primarily private residential y' �He further stated the area mentioned this rezoningand it didn t need apartments. He also g area, would downgrade the property value in the Chairman Ogesen indicated there is additional information on the rezoning history of this property dating back to 1972. A motion was made by Vetter and seconded by Jakobsen to defer this matter until July 15 to give Commissioners a chance to review it more extensively. Motion carried, unanimously. S-7614. Village Green, Part 6. Revised preliminary ve opment located east of Village Green Boulevard and south of American Legion Plat and Planned Area Attorney. Submitted by Iowa City Development Co., Edward W. Lucas, Y• Date filed: 5/27/76; 45 -day limitation: 7/11/76. Commissioners expressed their views concerning this development. Chairman Ogesen stated he believed a sales brochure barn would be demolished; however, he considdered iteaelandmark aseitsisna notable piece of lands factorily minimcape of past history. He felt the developers satis- ized the bad features and emphasized the good features. Kanmebecause rmeyer favored recycling the barn by means of the proposed condominium the residents o nits thisrarea had boughthe other their property with the understanding. felt that most of -3 - it would remain a single-family residence; therefore, he was probably against approving the preliminary plat. Blum stated he was not convinced that the majority of the residents were opposed, and those that were could remedy the situation through Courts by breach of contract. He felt the major issue was that it might not be the best utilization of land due to staff objections. Cain concurred with Blum and further expressed her strong desire for preservation of the existing buildings. Vetter commented she had seen some rather innovative things done with barns in the New England region. As for privacy, she noted Iowa City was a hilly area, and no one could be guaranteed it. Jakobsen was against the develop- ment because of incompatability of the -PAD design. A motion was made by Cain, seconded by Blum, to recommend to the City Council approval of 5-7614, revised preliminary plat and PAD of Village Green, Part 6. Diotion carried, 4/2, with Jakcbsen and Kammermeyer voting against. There was some discussion as to whether or not Chapter 414.5 of the Code of Iowa would apply to this particular development. A motion was made by Cain, seconded by Vetter, to request the assistance of the Legal Department in determining whether or not the PAD would require extraordinary -majority vote of Council. Motion -carried unanimously. 5-7610. Fountain Subdivision - Riverdale Addition. Preliminary plat of aTib+ acre subdivision located between Old Sand Road and the Iowa River, south of the Iowa City corporate limits. Application submitted by Jean Fountain; Frail Trott, Attorney. Date filed: 4/28/76; 45 -day limitation: waived. Referred to Park and Recreation Commission and to Riverfront Commis- sion. A motion was made by Blum, seconded by Jakobsen, to defer the approval of 5-7610, preliminary plat of the Fountain Subdivision - Riverdale Addition until the requirements requested by Staff are met. Commissioners discussed the impact of the 100 year flood plain on this area. It was stated that Keith Nath, of the Iowa Natural Resources Council, indicated the flood heighth for this area had been estimated to be 641 feet above sea level. Several Commissioners felt this estimate was wrong and that measures should be taken to require the I.N.R.C. to make an accurate study of the situation. Vetter mentioned that because of bad flooding and earthquakes in other states, it might be wise to use this area for recreational purposes rather than place buildings on it. Kam ermeyer questioned the suitability of the land for septic tanks. Don Schmeiser, Senior Planner, indicated he had spoken with County officials regarding this matter and was told the purcolation of the soil was adequate, but a statement concerning health factors had not been obtained as of yet. The motion was voted upon and carried unanimously to defer this matter. -4- S-7616. Preliminary plat of Woodland Hills Addition located approximately two miles north of Interstate 80 and east of Highway 1 in Section 30 of Newport Township in Johnson County; date filed: 6/18/76; 45 -day limitation: 8/2/76. A motion was made by Cain, seconded by Jakobsen, to defer S-7616, approval of preliminary plat of Woodland Hills Addition until existing requirements are met and until street right-of-way may be obtained from purchaser; and furthermore, to request assistance from the Legal Department concerning use of restraints on the auditor's plat. Motion carried unanimously. Consideration of the vacation of all or part of Person Avenue north of Park Road; requested by Mr. Richard Tucker, attorney for the estate of Ms. Mary Hands. Attorney Bill Bartley appeared on behalf of Dr, and Mrs. Lewis Jacques who owns property along Park Road. He expressed their concern that if the Ferson right-of-way were to be vacated and disposed, the Zoning Code would prohibit them from obtaining a building permit for their property (Lot #10) since it would not front a public street or an "officially approved place." He further stated if Gould Street was also to be vacated, there would be no practical access to Lot #10; and the City might be sub- jected to a damage suit. In light of the fact the 1941 vacation agreement appeared to be invalid, he urged Commissioners to support retention of the public title of the center 20 feet and to protect easements within the vacated portion of the right-of-way of Ferson Avenue. He further encouraged them to identify Ferson Avenue as an "officially approved place." Richard Tucker, attorney for the estate of his. Mary Hands, appeared and expounded on his letter dated January 28, 1976, regarding the request for the vacation of Ferson Avenue. He stated he essentially concurred with Attorney Bill Bartley and that he would like to have the original 1941 vacation agreement enacted since property owners of the area had been paying taxes on the 20 feet of the property they believed they owned. Don Schmeiser, Senior Planner, informed that if Ferson was to remain a street, it should be constructed as a street with a 50 foot right-of-way. This would give the City title to land on which Ms. Mary Hands' garage was built. Residents of the property would be assessed for the construction of the street and for street maintenance and snow removal. Richard Pegnetters, Dr, and Mrs. Lewis Jacques, and Steffi Hite had no reservations on continuing their maintenance of the street. Bob Bowlin, Assistant City Attorney, appeared and suggested ways to alleviate the problem of vacation. 0 • -5- A motion was made by Xammermeyer, seconded by Cain, to recamw4 to Council to vacate all of Ferson Avenue north of Park Road and south of Gould, subject to the retention of a public easement, that the center 20 feet be declared a public street or an officially approved place, and tt this agreement be contingent on an agreement between Property cw s relinquishing their right to street maintenance and snow removal. I,anmesmeyer accepted Jakobsen's t to insert ,existing" before public easenent." any It was motioned by Blum, seconded by after which a "change of land �7esen to defer this action until ouse sign obtain further public f t, would have been posted to possibly Pu This motion failed, 1/5, Blum voting 11yes.1' The previous amended motion was passed with a 5/1 vote. Blum voted against the motion because of his desire to have matter further publicized by a sign. Attorney Bill Bartley warned Commissioners against approving vacations or closing of the CBD streets. He stated this area had been given to establish the Capitol Building. Although lots were auctioned off in 1838, streets remained in possession of the State, so he stated. Commissioners expressed desire to pursue the matter of using signs to indicate possible subdivisions, LSRD, vacations and other land use changes. Blum will submit a proposal at the next meeting. It was announced the subcommittee designated to prepare recommendations on the revision of the ordinance for Ml and M2 zones would meet July 6th, 1976, at 4:15 p.m. Don Schmeiser, Senior Planner, indicated a letter had been sent to Sam Fahr, Chairman of the Riverfront Commission, regarding the IV' zone. This matter will be an agenda item for the next meeting. There was some discussion on the procedure of approaching the Iowa City School Board about the over- crowding problem in some of the schools. A motion was made by Jakobsen, seconded by Kammermeyer, to adjourn the meeting at 9:40 p.m. Motion passed unanimously. �,►MIfl:S IMIAN IUiLCI'IONS CCbMISSION JUNE 28, 1976 7:40 P.M. CITY MANAGER'S CONFERENCE ROOM MIMBI:RB PRI:1:N l': Smith Woodard Gilroy Madison Price Finn Davidson MhNIBEILS ABSEW: Matsumoto Scott Sl'AIT M1NIBEILS PRESEW: Bowlin Ragland R1:COMMENDA'I'IONS TO Tll1i CIT'y COUNCIL None R1`.C(b4W*NDA1'IONS '1'0 1111. STAPP AND CITY MANAGER '1110 staff is to assist in drafting a letter to the School District in response to the May 11, 1976, School Board minutes. The list contains the appointment of building principals for the 76-77 school year. Of the twenty people listed only one principal is female. The letter is to express concern over this situation. 1TNDING ITHNIS No new information concerning the EEOC workshop for Commissioners has been received. requesting letters of incorporation, bylaws and Private clubs - letters have been sent to the Inks, VFW, and the Moose Club financial information so that the review of case law of private clubs can begin. WMTUN Y OP RIUNAM' DISCUSSION Gilroy moved and Woodard seconded the motion to approve the minutes of the May 24, 1976, meeting. A. Joe Tate Mr. oe 'fate, Executive Director of the Iowa Civil Rights Commission, gave a short address to the Commission on the services available to local commissions from the state commission. Ile noted that technical assistance was available for the investigation of complaints as well as a film library, periodical library and speakers. The primary purpose of his visit was to become acquainted with local commissions and commissioners in an effort to build communications between local and state commissions. 0 0 Winan Relations Commission June 28, 1976 1'age 2 It. Comnittee Reports I. Outreach Advocacy - Davidson reported on the efforts that had been made by Smith and herself in securing food for the Indian encampment. Smith reported that the encampment had moved to the Linn County area because of the cost of transportation from the Sand Point campsites to the Court (louse in Cedar Rapids and because the campsites soil was very sandy and did not hold the tent stakes securely. The local support committee is still functioning to assist in providing food and other needs for the Indian encampment. Madison reported that Don Sanders of. Northwestern Bell would be providing sensitivity training on racial discrimination during the first and third weeks of July. Madison, Woodard and Ragland plan to attend one of these sessions. 2. Affirmative Action - Woodard reported that a second draft of the Affirmative Action Program is being written. This draft would be circulated to division and department heads for input before the final draft would be brought to the Commission in August. 3. Ordinance Revision - Bowlin reported that legal intern Steve Segebarth has been assigned to the drafting of the revised ordinance. The completion date for this draft was set for the July meeting. The commission also discussed methods of informing the public on the content of the newly drafted ordinance. The suggestions given were to mail the draft to advocacy groups and also to organizations whose members represent potential respondants during the complaint process. A newspaper series on the revised ordinance and a public meeting were also suggested as ways of disseminating information about the ordinance. 4. Twenty informal complaints were received between May 17 and June 18. The investigation of two cases (1i-7515 and H-7604) were completed. One complaint of sex discrimination in employment was formalized. Further staff activities were also presented in a written report. C. Other Business The Commission reviewed the May 11, 1976, minutes of the regular meeting of the Iowa City School Board. The minutes contained the appointment of principals of the twenty schools in the district. Of those twenty principals only one is female. The commission directed Smith to write a letter of concern about the position of women in the administrative level in the school district, and Price and Woodard were requested to check on the progress of the Affirmative Action Committee and report back at the next Commission meeting. The Commission discussed the possibility of commissioners attending upcoming conferences. The next commission meeting was set for July 19 at 7:30 p.m. The agenda setting meeting was scheduled for .July 9. Iknnan Relations June 28, 1976 Page 3 Commission The Staff reported on correspondence. Group Processes - The Commission spent considerable session. They decided that they preferred to have 2 1/2 hours and if necessary they would be willing order to avoid longer meetings. 0 time in the group process short meetings for possibly to meet twice a month in At 9:30 p.m. a poll of the members present, Gilroy, Woodard, Madison, Davidson, Finn, Smith, and Price, indicated unanimous agreement to go into Executive Session to consider complaints. At 10:40 p.m. upon the motion of Finn, seconded by Gilroy, the public session readjourned to receive information from Scote that the Elks Club no longer has a Class A liquor license. As of April the Elks Club obtained a Class C and Sunday liquor license. Gilroy moved for adjournment. *Scott arrived at 9:30 p.m. for Executive Session. LJ DRAFT' Junen 23, 1976 es of Ad ibc 23Youth Services Committee Ju City Manager's Conference Room PRESENT Schabilion Swaim Burns Bray Stockman Smithey Selzer Purington Kelley Flinn 1901 f ABSWr Cilek Cronin deProsse Recommendations to the Cit Council TO The ctermscofftheOutreach contractservices U.A.Y.dtoland by the Youth Co�mnittee) with U.A.Y. annual budget of $24;560. Summary of Discussion Berlin stated the minutes of the Youth Committee the Committee's recommendations for U.A.Y. mutes did not clearly reflect Committee could clarify several questions whichtwould er eallow the was staffatso the o prepare a contract with U.A.Y. 1. Was the Committee's intent to restrict U.A.Y. to do Outreach only? 2. Pro the Committee recommend that the City find U.A.Y. for an Outreach 8 only. 3. Could U.A.Y. seek finding from other sources to a) expand Outreach Programs or 2) add programs that had been drooped because funding was reduced? Swaim stated when he approached United Way to seek funding he indicated the money would be used to pick up programs that had been cut by the City. He also indicated he spoke from the top of his head because the U.A.Y, Board may not support additional Programs. Swaim stated the funds would be used not for additional programs, but to add staff to provide Outreach in the smaller communities in the county. Schabilion stated he felt sensitive that U.A.Y. was not able to provide programs other than Outreach. U.A.Y.'s philosophy in the past had been to maintain flexibility and fill in gaps where other agencies are not offering programs. Schabilion felt the Committee recommended that the City funds would support Outreach programs. Bray commented U.A.Y.'s total budget was analyzed with the objective that the Committee wished to fund U.A.Y. He felt perhaps the entire corporate structure should be redefined. Almost the entire funding of U.A.Y. will be coming from the City. The question is if the City seeks to define the contract or control U.A.Y. by means of a contract. Schabilion felt the City funds were only enough to support staff salaries. Berlin stated he wasn't sure how financial responsibility would be achieved if U.A.Y. spent money other than salaries anyway they wanted to. He had difficulty assessing what was being accomplished. Accomplishments must be measurable in order to relate U.A.Y. progress to the Council. Swaim felt an evaluation process could be based on M. Schabilion stated the U:A.Y. Board would feel comfortable having an evaluation process included in the contract. Berlin stated statistics were meaningless without success determinates. 1t is more difficult to determine success because of the type of clients U.A.Y. handles. Flinn questioned the status of establishing records and setting goals with each kid. She explained, establishing goals was the only way to measure a client's success. Swaim stated U.A.Y. was keeping intake records for each client: 0 0 Berlin commented the loose structure of U.A.Y. concerns him. Swaim stated U.A.Y. had developed goals. Berlin stated that an evaluation technique within a, specific time frame was necessary. Statistics of the number of contacts indicate what the agency is doing but it does not measure success. Stockman stated part of a success determinant was how effectively U.A.Y..dealt with other agencies. The purpose of U.A.Y., she felt, was to identify kids with problems and refer them to appropriate agencies. Flinn questioned if U.A.Y. was able to identify the number of established contacts, identify the client's problem, and indicate which agency the client was referred to. The intake form and a questionnaire for young people were methods of evaluating U.A.Y. Is effectiveness that were developed by the Director. Flinn questioned if follow-up was currently offered. Schabilion indicated U.A.Y.'s focus was on Outreach, that .this was the service most needed and this program was the one best performed Bray felt the Committee was not able to reach a consensus on the discussion at this point. No agreement was reached on the amount of service„ on the evaluation mechanism needed, or the financial accountability as they existed with Social Services and U.A.Y. Agreement was reached on the definition of Outreach. He felt that if the City were simply purchasing services, there would not be a disagreement.The whole philosophy of U.A.Y. was at issue, lie felt it was difficult to understand what U.A.Y. is doing. Schreiber related to the Committee some of the comments from the community concerning U.A.Y. A revised budget had been sent to the Manager's office which indicated 60% 3 Of the director' • s salary director'would be provided by Cit • s time was devoted y fiords: If only 60$ of the successful, to Outreach, Berlin ane hundred felt the success. Percent of the director's t- ProKram would not be. "me was necessary to insure 'aim felt the Committee's recommended amount of $24 to budget. ,560 was U,q y, is responsibility Smithey felt the Committee could not reach a criticize the director, consensus, It was not fair to Kelley be performed.questions toconcerned an evaluation fa ctor and if Outreach only was The Committee continued to discuss t corporation or an Outreach p he question of Pro sponsored b funding U,q,y, � an independent y an a$ency other than U.A.Y. Purington stated the only, At the City may wish to contract end og with U,q,y, to seek fun one year if performance Provide Outreach ds from other agencies, has been satisfacto The director The director �� U A.Y, may would d would devote 100$ ° orate personal f his time to Outreach. be responsible for activ' time to other activities, �• involved in sties Board members in the community ommwrit that the would director was currently Selzer asked that the Council receive info of success, Selzer ration t felt the last that would detail U•A Y r It is obvious that this S17( months was is measure Committee a time to " different would not Bet things together," backgrounds agree on eve ds and personalities. thing because: of the 4 0 0 Bray moved to recommend to the Council funding U.A.Y., but limiting U.A.Y. by a contract to Outreach Programs. Stockman seconded. Swaim asked for clarification of funding that the City provides. Could U.A.Y. seek funding from other agencies Bray withdrew his motion. Bray moved to recommend to the Council that 1) U.A.Y., a corporate entity, be contracted to perform Outreach services (as defined by the Committee) in the community, 2) that the contract not exceed an annual budget of $24,560 appropriated by the City with the intention that the figure be 100; of the annual budget for U.A.Y. Stockman seconded the motion. Schabilion questioned the reasoning to limit United Way funds. Purington approved of an Outreach worker in Johnson County but saw the need to limit the program this fiscal year. Opposed - Smithey, Schabilion and Swaim. Motion passed. TO: FROM: RE: 4 'D v. ' i •a. e I RIM PAWN 150)XV, City Council DATE: June 29, 1976 Neal Berlin, City Manager J Lyle G. Seydel, Housing Coordinator Y '— Expanding the Area of Operation for the Housing Authority by Cooperative Agreement 1. The housing Comanission, at a meeting on June 16, 1976, recom7rended that the Council pursue Cooperative Agreements with the City of Coralville, University Heights and the Board of Supervisors for Johnson County unincorporated areas and to simultaneously pursue an arrangement with the University of Iowa to make Housing Assistance Payments for selected families living in University Married Student Housing. (See attached extract of draft minutes) 2. The above recommendation was a result of inquiries being made as to why the Authority does not make Housing Assistance Payments outside the City limits, suggestions from staff members of HUD and receipt of applications from families living in Married Student Housing controlled by the University of Iowa. Further, the conversion of Section 23 Leased Housing and/or implementation of Section 8 Housing Assistance Payments Program in this area was considered. 3. The Section 23 Leased housing Program limited assistance to those families living in units over which code enforcem�t could be exercised by the Authority. Further, units had to be on the tax rolls and could not be owned by a governmental agency, i.e. the University of Iowa. With the adoption and implementation of Section 8 Housing Assistance P � P ' aymen-s--gram several changes occurred. a. Under the "Finders Keepers Policy" the Public Housing Authority is now authorized to make assistance payments on behalf of an eligible family in any area wherein the P.H.A. is authorized to execute contracts. b. The restrictions concerning governmental ownership and tax rolls have been eliminatc"l. There are certain restrictions to prevent double subsidy; however, these would not include University of Iowa Married Student housing nor Mark IV Apartments. 4. Th•. area wherein the P.H.A. is authorized to execute contracts can be exp. °ed through a document entitled "Cooperative Agreement". This is bei_: practiced in Iowa. For example, one P.H.A. in southwest Iowa op.ratc.; in several counties. The Des Moines low Rent Housing Agency has Cooperative Agreements with the City of west Des Moines and the Polk County Board of Supervisors. (See Attached) Paae 2 • • 5. Recommend Council approve, by simple motion, that the staff be authorized to initiate discussions aryl negotiations with the City of Coralville, University Heights and the Johnson County Board of Supervisors on Cooperative Agreements which would permit the Authority to make Housing Assistance Payments on behalf of eligible families living in their area of jurisdiction. 6. R_ecamlend Council approve, by simple notion, that the staff initiate discussions with the appropriate representative from the University of Iowa which would permit the Authority to make Housing Assistance Payments on behalf of selected families living in University owned housing. In this connection, the University thru its financial aids section would play a predominant role in determin- ing which farriles receive the assistance - and this would be limited. A Cooperative Agreement would not be required in this instance. EX'PRACCT 01, DRAFT I` 1NUr S* (IOUSI['JG Con'uSSIOV '%MVrL JUNE 16, 1976 t 'DATIONS TO PILE CITY COUNCIL: Cit RecOrrmendation by the Housing C�nmission Y Pursue Cooperative Agreements Cora scion that the Ci Heights and Johnson University Iowa County and s�ltaneousl University with the University of Iowa to make Hous Y Pursue an arran9enent thnaugh the Financial Aids Office. � Assistance Payments At such that Johnson Countyt Wish to It bec Pas inch which, if any, entities in Pr through a Cooperative Partici to the eSl-n to make a allocation Agreerent 9 Assistance Payments judicious allocation of Fthe Rousing C0=dssiOn University owned housing. units mor married students living ids * These minutes to be approved at t -he scheduled Housing Commission meeL'ng of July 7, 1976 0 • RESOLUTION • i. A RFtSOLLTIOid: FO TIM 1 1 UTUAL CONSENT BY TIM CITY OF -. ST DFS OZ :S /4ND .' C ^ DFS 1OI: cS TO I'19�IIT THE IDES ?IDLNES LOW RI ST n0� c ` C AG, (� TO;; LEASE irST DES fSOTSr5. F.'.IErt. AS, insufficient rents or limited incomes bring: older rental hoses �3'srep•ir:in Nest Des Xeine., nnd` _ - _ . I-MEREAS, the DITUD Section 23 Loused Vou-;ing program ndministered. by the Lova Rentlloasing Agency permits landlords to rchabili.tate:ue.ercorating :t a fair rent to .the land lord and provides for rent supplements -to to tenants pay no more than 35•.: of their adjutited gross income r rent,'.'a M!7—RAS. DP.UD,guidelines 'permit the Desmoines .Low Pent lloustnfi A encu :4^al `he.•sing in test Des ldoines or aa? of er rei, ^orcr i upon mutual consent of the governing bodies according to rules and regi agreed to by'.both bodics. _ T11EP.EFORF, BE IT RESOLVED that the City Council of ',est Des `:Dines autl the D:•ILRIIA (-Des.Soinca Low Rent Fousing Agency) to lease, homes :in ties 11 in accordance with the same rules a -d regulations set out!in the,D2n.RIL copy attached hereto and made a part of this Resolution,lwitn t3ie exe'. priority ,ill be given to gent Des Moines residents for ssignnent to , in (lest Des Ttoines cohere the applicant meets .the selection criteria._s the Regulations under the title " Preference in the Selection of'Tenan :Sowed by _.puncan to'adont:- Seconded`by Anderson . RolI Call: Ates:ILuttcan Anderson Gaer Davidson �: „ayes: Ron^ i pessed and approved this lstday of October , 1973 Murray E. Dr .c' e :•layer Attest: • ✓` cit-: Clnik T Pab7l3hed in thn this - 197 1. his1971. DATE: July 6, 1976 TO: City Manager and City Council FROM: Lyle G. Seydel, Housing Coordinator J%_ RE: Management of Autumn Park Apartments 1. Last September MID STATES Development, Inc. submitted a proposal to HUD for the construction of 64 units on Willow Street and American Legion Road. In the submission, they indicated a desire to have the project managed by the local Housing Agency. This concept was favorably viewed by the Housing Commission and the Council. At the Council meeting of February 3, 1976 the Council voted 4/3 to further investigate whether the Authority should actually manage the project. Additional study has been accomplished. The subject wac discussed with HUD management staff representa- tives and sample contracts obtained. HUD is in favor of this concept. Additional discussions with Mr. Jacobsen were held and the attached contract will be satisfactory to his firm. ./ \P 2. MID STATES has now submitter) its detailed drawings to HUD for approval and a firm commitment from FHA should be issued on/about July 9, 1976. The next step will be the final closing which should occur during the week of July 12th. At that point, MID STATES must submit a detailed rianagement Plan and the Management Contract. 3. The Contract was last discussed with Hill Jacobsen on June 29, 1976. He indicated a strong desire to contract with the Authority; however, until he has received our proposal for comparison with other offers a decision cannot be reached. 4. Attached is a draft contract which spells out responsi- bilities and has a rather lengthy list of tasks to be performed and the relationship of the partiesinvolved. she contract calls for MID STATES to pay 58 of gross oughly $800. per month to the Agent for performing the management functions. The Housing Commission has recommended to the Council that the Authority undertake this task. The Housing Division, Department of Community Development can perform this function without an increase in current authorized staff. 5. Recommend the Council approve the attached contract and authorize the Mayor to execute same. MANAGEMENT AGREEMENT This Agreement is made this _ day of 19 , between MIDSTATES DEVELOPMENT, INC. (the "Owner") and IOWA CITY HOUSING AUTHORITY (the "Agent"). 1. Appointment and Acceptance. The owner appoints the Agent as exclusive agent for the management of the property described in Section 2 of this Agreement, and the Agent accepts the appointment, subject to the terms and conditions set forth in this Agreement. 2. Description of Project No.IA-05-0003-010. The property ("Project") to be managed by the Agent under this agreement is a housing development consisting of the land, buildings, and other improvements which make up Project No. IA -05-0003-010. The Project is further described as follows: Name: Autumn Part. Apartments Location: City: Iowa City County: Johnson State: Iowa No. of dwelling units: 64 one bdr. units 3. Definitions. As used in this Agreement: a. "HUD" means the United States Department of Housing and Urban Development. b. "Secretary" means the Secretary of the United States Department of Housing and Urban Development. C. A "Mortage" is an instrument of agreement between the Owner, as mortgagor, and the mortgagee, creating a lien on the Project as security for the payment of debt which mortgage is insured by the United States Department of Housing and Urban Development. d. "Mortgagee" means any holder of the Mortgage. e. "Principal Parties" means the Owner and the Agent. f. "Consenting Parties" means the Secretary and the Mortgagee. • -2 • 4. HUD R njT 2 rernents. The pro ject i.s subject to a mortgage which will be or is insured by HUD under Section 221 D4 Of the National HOusing Act-, and the Owner has entered or will accordingly enter- into a Regulatory Agreement with the Secretary, whereby the Owner is obligated to provide for management of the project in a manner satisfactory to the Secretary. In addition, the Owner has entered or will enter into a housing Assistance Payments Contract with the Secretary. The Owner has furnished or will furnish the Agent with copies of the Regulatory Agreement and the Housing Assistance Payments Contract. In performing its duties under this Management Agreement, the Agent will comply with all pertinent requirements of the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. In the event any instruction from the Owner is in contravention of such requirements, the latter will prevail. 5. Management Plan (Form HUD -9405). Attached hereto as Exhibit A and hereby incorporated herein, is a copy of the Management Plan for the Project, which provides a compre- hensive and detailed description of the policies and procedures to be followed in the management of the Project. In many of its provisions, this Agreement briefly defines the nature of the Agent's obligations, with the intention that reference be made to the Management Plan for more detailed policies and procedures. Accordingly, the Owner and the Agent will comply with all applicable provisions of the Management Plan, regardless of whether specific reference is made thereto in any particular provision of this Agreement. 6. Manaqement Input During HUD Processing. The Agent will advise and assist the Owner with respect to management input during the remaining stages of HUD mortgage insurance processing. The Agent's specific tasks will be as follows: a. Preparation and submission to the Owner of a recommended operating budget for initial operating year of the Project; b. Participation in the pre -occupancy conference with HUD officials; C. Preparation and submission to the Owner (for Owner's signature and submission to HUD) the Initial Estimate of Required Annual Contributions (HUD Form No. 52671), Estimate of Required Annual Contributions (Hud Form No. 52672), Estimate of Total Required Annual Contributions (HUD Form No. 52673 and Requisition for Partial Payment of Annual Contributions HUD Form No. 52663). Occupancy reports will be prepared for the owners signature and submission to HUD as may be required by HUD. 0 -3- d. Participation in the on-site inspection of the Project, required by HUD approximately ninety (90) days subsequent to initial occupancy; and e. Continuing review of the Management Plan, for the purpose of keeping the Owner advised of necessary or desirable changes. 7. Basic information. As soon as possible, the Owner will furnish the Agent with a complete set of plans and specifications approved by the Secretary and copies of all guaranties and warranties pertinent to construction, fixtures, and equipment. With the aid of this information and through inspection by competent personnel, the Agent will throughly familiarize itself with the character, location, construction, layout, plan and operation of the Project, and especially the electrical, heating, plumbing, air-conditioning and ventilating systems, the elevators, and all other mechanical equipment. 8. Liaison with Architect and General Contractor. During the planning and construction phases, the Agent will maintain direct liaison with the architect and general contractor, in order to coordinate management concerns with the design and construction of the Project, and to facilitate completion of any corrective work and the Agent's responsibilities for arranging facilities and services pursuant to Section 14 of this Agreement. The Agent will keep the Owner advised of all significant matters in this connection. 9. Marketing. The Agent will carry out the marketing activities prescribed in the Management Plan, observing all requirements of the Affirmative Marketing Plan. Subject to the Owner's prior approval, advertising expenses will be paid out of the Rental Agency Account as Project expenses. 10. Rentals. The Agent will offer for rent and will rent the dwelling units, parking spaces, commercial space and other rental facilities and concessions in the Project. Incident thereto, the following provisions will apply: a. The Agent will make preparation for initial rent -up, as described in the Management Plan. b. The Agent will follow the tenant selection policy described in the Management Plan, and will ensure that at lease 30% of the occupants are "very low" income families. 0 -4- 0 C. The Agent will show the premises to prospective tenants. d. The Agent will take and process applications for rentals. if an application is rejected, the applicant will be told the reason for rejection. The rejected application, with reason for rejection noted thereon, will be kept on file for one (1) year. A current list of prospective tenants will be maintained. e. The Agent will prepare all dwelling leases and parking permits and will execute the same in the project's name, as agent for the Owner. The terms of all leases will comply with the pertinent provisions of the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. Dwelling leases will be in a form approved by the Owner and the Secretary, but individual dwelling leases and parking permits need not be submitted for the approval of the Owner or the Secretary. f. The Owner will furnish the Agent with appropriate rent schedules, as from time to time approved by the Secretary, showing fair market rents and contract rents for dwelling units, and other charges for facilities and services. In no event will such fair market rents and other charges be exceeded. Eligibility for dwelling rents that are less than such fair market rents, and the amount of such lesser rents, will be determined in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. g. The Agent will counsel all prospective tenants regarding eligibility for dwelling rents that are less than fair market rents, and will prepare and verify eligibility certifications and recertifications in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. h. The Agent will negotiate commercial leases and concession agreements, and will execute the same in the project's name as agent for the Owner, subject to the Owner's prior approval of all terms and conditions. Commercial rents will not be less than the minimums from time to time approved by the Secretary. i. The Agent will collect, deposit, and disburse security deposits, if required, in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the Management Plan. Security deposits will be deposited by the Agent in an interest- bearing account, separate from all other accounts and funds, with a bank or other financial institution whose 0 -5 0 deposits are insured by an agency of. the United States Government. This account will be carried in the project's name and designated as "Autumn Park Apartments Security Deposit Account". 11. Collection of Rents and Other Receipts. The Agent will collect when due all rents, charges and other amounts receivable on the Owner's account in connection with the management and operation of the Project. Such receipts (except for tenants' security deposits, which will be handled as specified in Subsection 10i above) will be deposited in an account, separate from all other accounts and funds, with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. This account will be carried in the Project's name and designated'Autumn Park Apartments Rental Agency Account." 12. Enforcement of Leases. The Agent will secure full compliance by each tenant with the terms of his lease. Voluntary compliance will be emphasized. The Agent will counsel tenants and make referrals to community agencies in cases of financial hardship or under other circumstances deemed appropriate by the Agent, to the end that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound management of the Project. Never- theless, and subject to the pertinent procedures prescribed in the Management Plan, the Agent may lawfully terminate any tenancy when, in the Agent's judgment, sufficient cause (including but not limited to nonpayment of rent) for termination occurs under the terms of the tenant's lease. For this purpose, the Agent is authorized to consult with legal counsel to be designated by the Owner, to bring actions for eviction to execute notices to vacate and judicial pleadings incident to such actions; provided, however, the Agent keeps the Owner informed of such actions and follows such instructions as the Owner may prescribe for the conduct of any such action. Subject to the Owner's approval, attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Rental Agency Account as Project expenses. 13. Maintenance and Repair. The Agent will maintain the Project in good repair in accordance with the Management Plan and local codes, and in a condition at all times acceptable to the Owner and the Secretary, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenence and repair work as may be necessary, subject to any limitations imposed by the Owner in addition to those contained herein. 0 Incident thereto, the following provisions will apply: a. Special attention will be given to preventive maintenance and, to the greatest extent feasible, the services of regular maintenance employees will be used. b. Subject to the Owner's prior approval, the Agent will contract with qualified independent contractors for the maintenance and repair, or performance of: 1. Elevators. 2. Heating and air conditioning units. 3. Cooking ranges, range hoods, refrigerators and disposals. 4. Plumbing and electrical repair. 5. Insect and rodent control. G. Yard work and snow removal. 7. Garbage and trash disposal. C. The Agent will arrange for systematic and prompt receipt of service requests from tenants, take such action thereon as may be justified, and will keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Compliants of a serious nature will be reported to the Owner after investiqation. d. The Agent is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary for proper maintenance and repair. e. Notwithstanding any of the foregoing provisions, the prior approval of the Owner will be required for any expenditure which exceeds five hundred dollars ($500.) in any one instance for labor, materials, or otherwise in connection with the maintenance and repair of the Project, except for recurring expenses within the limits of the operating budget or emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Project. In the latter event, the Agent will inform the Owner of the facts as promptly as possible. 14. Utilities and Services. In accordance with the Management Plan and the operating budget, the Agent will make arrange- ments for water, electricity, gas, trash disposal, vermin extermination, decorating and laundry facilities and television antenna Capability. Subject to the Owner's prior approval, the Agent will make such contracts as may be necessary to secure such utilities and services. 0 0 15.Employees. The Management Plan prescribes the number, qualifications and duties of the personnel to be regularly employed in the management of the Project, including a Resident Manager �for each building, maintenance, bookkeeping, clerical, and other managerial employees. All such on-site personnel will be employees of the Project and not the Agent, but will be hired, paid, supervised, and discharged through the Agent, subject to the following conditions: a. As more particularly described in the Management Plan, the Resident Managers will have duties of the type usually associated with his position, and will be responsible for coordinating the social and recreational programs for their building. Each will be directly responsible to the Agent and neither will have authority to supervise or discharge the other. Nevertheless, the Resident Managers will coordinate their activities in the interest of good overall management. b. Compensation (including fringe benefits) payable to the Project staff, plus all local, state, and Federal taxes and assessments incidents to the employment of such personnel will be borne soley by the Project, and will not be paid out of the Agent's fee. The rental value of any dwelling unit furnished rent-free to the Resident Manager will be treated as a cost to the Project. C. The Agent will establish and follow an employment Policy that affords residents of the Project maximum opportunities for employment in the management and operation of the Project and, to the extent consistent with that consideration, employment opportunities to lower-income persons in the area. While personnel will be employed primarily on the basis of ability, the Agent will make a conscientious effort to provide special assistance and training for Project residents and members of minority groups who are not initially qualified. 16. Disbursements From Rental A enc Account. a. From the funds collected and d_:posited by the Agent in the Rental Agency Accountursuant to Section 11 above the Agent or other parties authorized by owner will make the following disbursements promptly when payable: 17. 10 c (1) (2) (3) Compensation payable to the employees in Subsection .l Sc above, and assessments the specified Payable for the taxes and governments to local, state such In connection with and Federal per the emplo yment of The single a by the Ownergtoeghee payment required to due under Mortgagee ageinc be made monthly interest, Mort gage mortgins for Princi luding the amounts taxes and urance Pal amortization, assessments, fire premium, ground insurance premiums and other rents, Certificate of and the amount hazards ment Incorporation or Regulatory specified in the for allocation to the Reservegulator for Y Agree - All sums Replacements. otherwise due and payable expenses n the Project authorized by the Agent by the Owner as including comunder the terms of thisoAbe incurred 1n pensation to Section 27 payable to the Areement, below, for its service gent, Except hereundepursuant pt for the disbursements above, funds e di be u disbursed in Rental Agency Account only or Subsection 16a to time transferred from the direct in writing- as the Owner may from time In the event time insufficthe ientbalance in the Rental Agency Account is a under Subsection 16a pay disbursements due Owner of that above, the Agentand payable t any event entsuff' fact and toecoverr will will remit mtohe sufficient funds then will the A be re the deficiency1t In the to pay such disbursements to noto use its own funds as a Bud ets. Annual operating sect ponoved by the Owner. �Xaeets for Project will above pt as the 13e permit be operating expenses annual disbursements d under Sub - the amount authorizedemized in the budgetfor each type of. to preparation by the approved budget.will not exceed budget for and submission o.f a recommnded as prov.- on addition 6a above), the the initial Eiscal year budget for each sub willtprepare a(recommended in rSting term subse ubsection this Agreement, andfwilllsubmitYear bth�nningoa�ringnghe Owner at least sixty (60) days before fiscal year. The Owner same to the any chap will the beginning of the changes incorporated in theoaptlY infor Agent will approved m the Agent ofe deviation keep the Owner in budget and the approved from the receipts of an budget. or disbursements ed stated in the ® 0 18. Records and Reports. In addition to any requirements specified in the Management Plan or in other provisions of this Agreement, the Agent will have the following responsibilities with respect to records and reports: a. The Agent in coordination with the Owner will establish and maintain a comprehensive system of records, books, and accounts in a manner conforming to the directives of the Secretary, and satisfactory to the Consenting Parties. All records, books, and accounts will be subject to examination at reasonable hours by any authorized representative of the Owner or either of the Consenting Parties. b. with respect to each fiscal year ending during the term of this agreement, the Agent will have an annual financial report prepared by a Certified Public Accountant or other person acceptable to the Owner and Secretary, based upon the preparer's examination of the books and records of the Owner and the Agent. The report will be prepared in accordance with the directives of the Secretary, will be certified by the preparer and the Agent, and will be submitted to the Owner within (60) days after the end of the fiscal year, for the Owner's further certification and sub- mission to the Secretary and the Mortgagee. Compensation for the preparer's services will be paid out of the Rental Agency Account as an expense of the Project. C. The Agent will prepare a quarterly report comparing actual and budgeted figures for receipts and disburse- ments, and will submit each such report to the Owner within fifteen (15) days after the end of the quarter covered. d. The Agent will furnish such information (including occupancy reports) as may be requested by the Owner or the Secretary from time to time with respect to the financial, physical, or operational condition of the Project. e. The Agent will prepare, on a quarterly basis, Form No. 52663, Requisition for Partial Payment of Annual Contributions and will submit the same to the appropriate Area or Insuring Office of the Department of Housing and Urban Development. Payments will be deposited to the Rental Agency Account. f. By the fifteenth (15th) day of each month, the Agent will. furnish the Owner with an itemized list of all delinquent accounts, including rental accounts, as of the tenth(10th) day of the same month. 0 -10- 0 g. 'By the tenth (10th) day of each month, the Agent will furnish the Owner with a statement of receipts and disbursements during the previous month, and with a schedule of accounts receivable and payable, and re- conciled bank statements for the Rental Agency Account and Deposit Account as of the end of the previous month. h. If, after the Project reaches sustaining (952) occupancy, the rental collections plus HUD subsidy fall below operating expenses for a sustained period of sixty (60) days, the Agent will immediately send written notifica- tion of the same to the appropriate HUD Area/Insuring Office. i. Except as otherwise provided in this Agreement, all off-site bookkeeping, clerical, and other management overhead expenses (including but not limited to costs of office supplies and equipment, data processing services, postage transportation for managerial personnel, and telephone services) will be borne by the Agent out of his own funds and will not be treated as Project expenses. 19. Fidelity Bond. The Agent will furnish, at its own expense, a fidelity bond in the principal sum of forty thousand Dollars ($40,000), which is at least equal to the gross potential income for two months and is conditioned to protect the Owner and the Consenting Parties against misappropriation of Project funds by the Agent and its employees. The owner shall provide a bond of a like kind to cover the on-site personnel expressed in Section 15 and it shall be paid for from project income. The other terms and conditions of the bond, and the surety thereon, will be subject to the approval of the Owner and the Consenting Parties. 20. Bids, Discounts, Rebates, etc. The Agent will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the Project, and is authorized to solicit bids, either formal or informal, for items that can be obtained from more than one source. The Agent will secure and credit to the Owner all discounts, rebates or commissions obtainable with respect to purchases, service contracts, and all other transactions on the Owner's behalf. 21. Social Services Program. The Agent will be responsible to the Owner for carrying out the social services program described in the Management Plan. ® -11- 0 22. Tenant -Management Relations. The Agent will encourage and assist residents of the Project in forming and maintaining representative organizations to promote their common interests, and will maintain good -faith communication with such organizations to the encs that problems affecting the Project and its residents may be avoided or solved on the basis of mutual self-interest. 23. On -Site Management Facilities. Subject to the further agreement of the Owner and Agent as to more specific terms, the Agent will maintain a management office within the Project and the Resident Manager will reside in one of the dwelling units in the Project, and the Owner will make no rental charge for the office space. 24. Insurance. The Owner will inform the Agent of insurance to be carried with respect to the Project and its operations, and the Agent will cause such insurance to be placed and kept in effect at all times. The Agent will pay premiums out of the Rental Agency Account, and premiums will be treated as operating expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interests appearing thereon as shall be acceptable to the Owner and Consenting Parties, and shall be otherwise in conformity with the mortgage; provided that the same will include public liability coverage, with the Agent designated as one of the insured, in amounts acceptable to the Agent as well as the Owner and the Consenting Parties. The Agent will investigate and furnish the Owner with full reports as to all accidents, claims, and potential claims for damage relating to the Project, and will cooperate with the Owner's insurance in connection therewith. 25. Compliance with Governmental Orders. The Agent will take such actions as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by Federal, state, county or municipal authority, subject, however, to the limitation stated in Subsection 13e with respect to repairs. Nevertheless, the Agent shall take no such action as long as the Owner is contesting, or has affirmed its intention to contest, any such order or requirement. The Agent will notify the Owner in writing of all notices of such orders or other requirements, within seventy-two (72) hours from the time of their receipt. 26. Nondiscrimination. In the performance of its obligations under this Agreement, the Agent will comply with the provisions of any Federal, state or local law prohibiting • -12- s discrimination in housing on the grounds of race, color, sex, creed or national origin including Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), all requirements imposed by or pursuant to the Regulations of the Secretary (24 CFR, Subtitle A, Part 1) issued Pursuant to that Title; regulations issued pursuant to Executive Order 11063, and Title VIII of the 1968 Civil Rights Act. 27. Agent's Compensation. The Agent will be compensated for Its services under this Agreement by monthly fees, to be paid out of the Rental Agency Account and treated as Project expenses. Such fees will be payable on the fifteenth day of each month for the months February, 1977 through January, 1979. a. Each such monthly fee will be in an amount equal to five percent (58) of gross collections received during the preceding month. Cross collections include tenant paid rent and Housing Assistance Payments made on their behalf and income from other sources such as coin-operated laundry equipment. b. The monthly fee stipulated in paragraph 27a above will be paid starting ninety days prior to the date of initial occupancy on the basis of one hundred percent (100%) occupancy. After initial occupancy the fee will be based on units occupied on the last day of the previous month. 28. Term of Agreement. This Agreement shall be in effect for a period of two years, beginning on the first day of February, 1977, and ending on the thirty-first day of January, 1979, subject, however, to the following conditions: a. This Agreement will not be binding upon the Principal Parties until endorsed by the Consenting Parties. b. This Agreement may be terminated by the mutual consent of the Principal Parties as of the end of any calendar month, provided at least ninety (90) days advance written notice thereof is given to the Consenting Parties. d. In the event a petition in bankruptcy is filed by or against either of the Principal Parties, or in the event either makes an assignment for the benefit of creditors or takes advantage of any insolvency act, the other party may terminate this Agreement without notice to the other, provided prompt written notice of such termination is given to each of the Consenting Parties. ® -13- • d. I is expressly understood and agreed by and between the Principal Parties that the Secretary or the Mortgagee shall have the right to terminate this Agreement at the end of any calendar month, with or without cause, on ninety (90) days advance written notice to each of the Principal Parties, except that in the event of a default by the Owner under its Articles of Incorporation under the obligation of the Mortgagee, the Secretary or the Mortgagee may terminate this Agreement immediately upon the issuance of a notice of cancellation to each of the Principal Parties. It is further understood and agreed that no liability will attach to either of the Principal Parties in the event of such termination. e. Upon termination, the Agent will submit to the Owner any financial statements required by the Secretary and, after the Principal Parties have accounted to each other with respect to all matters outstanding as of the date of termination, the Owner will furnish the Agent security in form and principal amount satisfactory to the Agent, against any obligations or liabilities the Agent may properly have incurred on behalf of the Owner hereunder. 29. Interpretative Provisions. a. At all times, this Agreement will be subject and sub- ordinate to all rights of the Secretary, and will inure to the benefit of the constitute a binding obligation upon the Principal Parties and their respective successors and assigns. To the extent that this Agreement confers rights upon the Consenting Parties, it will be deemed to inure to their benefit, but without liability to either, in the same manner and with the same effect as though the Consenting Parties were primary parties to the Agreement. b. This Agreement constitutes the entire agreement between the Owner and the Agent with respect to the management and operation of the Project, and no change will be valid, unless made by supplemental written agreement, executed and approved by the Consenting Parties as well as the Principal Parties. C. This Agreement has been executed in several counterparts, each of which shall constitute a complete original Agreement, which may be introduced in evidence or used for any other purpose without production of any of the other counterparts. 0 -14- 0 IN WITNESS WHEREOF, authorized officers) first above written. Witness: Witness: the Principal Parties (by their duly have executed this Agreement on the date OWNHR: Midstates Development, Inc. By Title: AGENT: Iowa City Housing Authority LO Title: Mary C. Neuhauser, Mayor 0 -15- ENDORSEMENT OF CONSENTING PARTIES Mortgagee's endorsement: Date: 0 as the mortgagee identified inthe foregoing Management Agreement dated and I by and between hereby consents to agreement. By: Title: Witness: Secretary's endorsement: MORTGAGEE: Date: The Secretary of the Department of Housing and Urban Develop- ment hereby consents to the foregoingand management Agreement, dated and Secretary of Housing and Urban Dev. am Title: • C� Enclosure 1 - Management Agreement Between midstates Development? Inc. anti Iowa City Housing Authority Responsibilities and relegation of Authority Midstates Developnent, Inc. (owner) retains complete responsibility for the management, maintenance and operation of the project_ Authority to implement the management plan is hereby delegated to the Iowa City Housing Authority as managing agent. The owner will: a. provide to the agent a copy of the Regulatory Agreement, Housing Assistance Paymentscontained o netrtherein, and a detailed management plan , all warranties on the building and any equipment approved by HUD. b. provide accounting services and assistance as may be necessary to establish and maintain appropriate bank accounts. c, provide at no cost to the rental agency account, the agent or the Resident Manager one room in each building suitably furnished for use as an one office. Minimum teto lephone nude one desk, bullet wo chairs, one file cabinet, all d. Provide legal assistance as may be required to implement the management plan. 0 E Enclosure 2- Management Agreement between Midstates Development, Inc. and Iowa City Housing Authority Duties of the Management Agent a• Assist in the development of the detailed management plan for owner submission to HUD. b. Participate, as requested by owner, in remmaining'stages of development and construction of the project. This participation to be limited to review of proposed changes and their effect on managing the project. c. Prepare for owners approval and submission to HUD the first year Operating budget. d. Prepare Initial Estimates of Required Annual Contributions; Estimate Of Required Annual Contributions; Estimate of Total Required Annual Contribu- tions; Requisition for Partial Payment of Annual Contributions. e. Participate in joint sessions, with owner's accountant, in establishing required records and accounts This will include a system for receiving and depositing monies in the Accounts Receivable and Payment of Accounts in the name of the project. HUD. f. Participate in the on-site inspections of the project, required by g- Carry out the marketing Plan Prescribed in the Management Plan. h. Select and hire a person or couple Resident to perform the functions of the Manager for each the two buildings. Supervise their performance making changes as necessary. i. Negotiate contracts for the Performance of maintenance on the following items: 1) Elevators maintenance 2) Appliances (stoves, refrigerators, disposals, exhause fans) maintenance 3) Heating and cooling units maintenance 4) Electrical and plumbing facilities maintenance 5) Snag removal 6) Insect and rodent control 7) Iawn and yard care 8) Painting 9) Glass replacement 10) Furniture repair/replacement 11) Garbage and trash removal 12) Window washing (exterior) Page 2 • • r�nclosure 2 j. Receive and process applications to include notification of those not eligible. Maintain a waiting list. k. Select tenants and provicle orientation. area. 1. Enforce rules of occupancy to include eviction action if required. m. Provide counseling and refer appropriate agencies in social services n. Develop and coordinate a recreational program to meet tenant needs. o. supervise collection of rent. Receive and deposit in Rental Agency Account. p. Develop janitorial schedules to assure proper maintenance and cleanliness of coamon spaces, sidewalks, parking lots and grounds. q. Review and approve work or service requests for repairs and main' tenance of units, eonTron areas and grounds. r. Inspect project once each week. s. Purchase, after competitive pricing, of all materials and supplies necessary for the care and maintenance of the project. t. Develop and maintain an inventory of all capitol and non -capitol items. This will include a description of the item, its value, location and condition. u. Obtain and maintain a spall stock of expendable items such as glass, bulbs, etc. v. Annual certification of tenant eligibility. w. Provide a 24 hour capability for receipt of and action on emergency calls for assistance from tenants of the project. x. In coordination with owner, select and maintain appropriate insurance on the property. L] Enclosure 3 - Management Agreement Between Midstates Development, Inc. and Iowa City Housing Authority Duties of Resident Manager The agent will select and hire a person or couple who will be responsible to the agent for performance of the duties described below. It is anticipated that the nerson or couple will be an eligible tenant and will pay rent according to projected income. The Resident Manager will be the direct contact with tenants and as such will receive assistance as required from both owner and agent. Two such positions will be filled, i.e. one for each building. Neither manager will have authority over the other and complete unobstructed cooperation with each other is essential. a. In coordination with agent, assign tenants to specific units. b. Provide orientation to assigned tenants to include operation of appliances, care and maintenance of unit and appliances, procedure for requesting assistance, repairs or filing Taints. c. Collect rent from tenants following schedule provided by agent. d. Perform annual financial review for each tenant. e. Provide rent delinquent list to agent and notices to tenants. f. Receive requests for maintenance from tenants. g. Clean public areas on a semi-weekly basis or as needed to maintain to the satisfaction of the agent. h. Visually inspect the hallways, public use areas, parking lot, etc. on a daily basis. i. Maintain a service request capability on a daily basis between 8:00 a.m. and 5:00 p.m. weekdays and on emergency call basis at all other times. j. Coordinate the recreation and social program for building. k. Make referrals to the agent for counseling arra similar actions. 1. Remove snow from sidewalk surrounding building and to parking lot and/or street. m. Replace bulbs, repair faucets and perform similar tasks of preventive maintenance as directed by agent and within physical capabilities.