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HomeMy WebLinkAbout09-11-2003 Airport Commissiona RECREATED FROM COMMISSION MEMBER MEETING PACKET Item:�� �3 - �������►�� FELT— 0mPi IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, SEPTEMBER 11, 2003 — 5:45 P.M. I. Determine Quorum II. Changes/Amendments to Minutes of the July 15 and August 14, 2003 meetings III. Payment of Expenditures IV. Public Discussion — Items Not on Agenda V. Unfinished Items for Discussion/Action: VI. Items for Discussion/Action: a. Aviation Commerce Park (ACP) — 1. Iowa Realty I. Prospects/activity report ii. Marketing plan/expenditures review iii. Site improvement recommendations b. Hangar # 32 lease c. Obstruction mitigation project (consultant -Stanley Engineering) d. Environmental Assessment (consultant-H.R. Green Co.) e. T-hangar leases f. ABS Contract Management Process Review- Planning Approach g. Runway 07 project — consultant selection process VI. Chairperson's Report VII. Commission Members' Reports Vill. Administrative Report IX. Set Next Regular Meeting for October 9, 2003 at 5:45 p.m. X. Adjournment .wat=�AdOC ?8s-mo o 4 SAP'm MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY JULY 15, 2003 — 5:45 P.M. IOWA CLTY AIRPORT TERMINAL MEMBERS PRESENT: Baron Thrower, Michelle Robnett, Alan Ellis, Randy Hartwig, Rick Mascari STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Ellis called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the June 12, 2003, Commission meeting were approved as submitted. Ellis said he would like an agenda item that would allow for unfinished business to be discussed. O'Neil said he would include that on the next agenda. Mascari said he thought that unfinished business should be included in the Chairperson's report AUTHORIZATION OF EXPENDITURES: Ellis asked what Commercial Towel does? O'Neil said some restroom supplies are bought from Commercial Towel and they also supply the rugs inside the doors in the Terminal Building. Mascari said he wanted to verity that the Chambers Electric bill was part of the Building D rehab project. Mascari made a motion to pay the bills. Hartwig seconded the motion. The motion passed 5 - 0. PUBLIC DISCUSSION — ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park (ACP) — Tracy Overton, from Iowa Realty, gave his monthly report. He said he spoke with Michael Hodges, from Airport Business Solutions, concerning advertising. Overton said the Commission should discuss what would be needed to connect lots # 1—# 4 to the taxiway systems. He said it would be good to have that information in the event that there is an aviation -related business interested in the ACP. Overton said that in speaking with Hodges, they discussed a company called Airport Property Specialists. He said they are a company that specializes in airport properties. Overton said that it may be possible to have a joint marketing effort with that company and he is trying to contact the appropriate person in their office. Overton presented some information to the Commission on what it would cost to advertise in national magazines. In one of the magazines suggested by Hodges, the ads would cost anywhere from $1800 per month to $3800.00 per month. Another publication charged $4200 per month. Overton said he does not think the price of the national ads would be cost effective. He said he thought it would be more effective to do more local advertising. He said it may be possible to have a Chamber Business PM hosted by the Commission for the ACP. Ellis said Jet Air is going to be hosting a PM this fall. There is a waiting list of one to two years to host a PM. Ellis asked if the Council should be involved with helping to fund advertising? Mascari wanted to know if O'Neil knew of any funding source for advertising money? O'Neil said he didn't have any funding source, but since the Commission and Council have a joint agreement with Overton, the Commission may want to discuss advertising with the Council. Mascari said he thought they should take out three $1800 ads, running them every other month. Robnett said maybe they could advertise regionally, instead of nationally. She said that is usually less expensive. Overton said the national ads he looked at were advertising buildings, not undeveloped land. Overton said historically, local advertising has been more effective than national as far a land is concerned. Overton said he would suggest the Commission wait until they receive their report from ABS to decide on advertising. He said ABS might have some views on how the Commission should advertise. Overton said he would follow up with Airport Property Specialists. Thrower asked Overton what he would estimate Iowa Realty has spent on advertising? Overton said it would be difficult to estimate because the ACP is advertised with their other commercial property. He said he would guess it to be $5000 or $6000 over the last two years. Thrower asked Ellis if it was reasonable that Iowa Realty provide an accounting of what they have spent on advertising? Ellis said that when the contract was negotiated, Iowa Realty said that they would probably spend about $5000. The contract did not require an accounting of the advertising. He said it would not be fair to require it at this time. Thrower made a motion to formally require Iowa Realty to provide an accounting of what has been spent on advertising and lay out a plan for additional advertising funds. Mascari seconded the motion. Ellis said he did not think Thrower could make a motion at this point because it was not on the agenda. Mascari said he would like to make a motion to put the marketing issue on the agenda for the next meeting. Ellis said it would be more appropriate for Mascari to bring this up under Commission members' items. After some discussion, it was decided to bring up the issue later in the meeting. Thrower said he would withdraw his motion. Overton said an offer had been received and he would share the offer with the Commission if it moved forward. b. Hangar # 31 lease — Ellis said there was a subcommittee that reviewed the lease with the tenant and was to make a recommendation to the Commission. O'Neil circulated a lease that the subcommittee made final changes to. O'Neil said it was almost identical to the lease he had included in the packet. Robnett asked Dulek if she had reviewed the lease. Dulek said she had not been asked to review the lease. She reviewed the liability and insurance but she has not reviewed the entire lease. O'Neil said the tenant wanted a five-year lease. Dulek reminded the Commission that a public hearing is needed if it is more than three years. Ellis said that ABS said a five-year ]ease is acceptable, as long as there is some mechanism available to review the rent after three years. He said the lease ABS reviewed is not the lease negotiated by the subcommittee. He thought another subcommittee should look at the lease and the comments supplied by ABS. Mascari made a motion to accept the lease circulated by O'Neil at the meeting, with the exception of making it a three-year lease, with a two-year extension. He said the subcommittee had spent a lot of time and he thought it was a fair lease. Robnett seconded the motion. She said a permanent subcommittee should be appointed to review leases. Dulek asked what the option would include? Mascari said the option would continue the lease on with the same terms. Dulek said it would have to be voted on again at the end of the first three years. O'Neil suggested he contact the tenant and discuss the length of the lease. If the tenant wants a five-year lease, O'Neil will publish the public hearing notice for the August meeting. Mascari said he would withdraw his motion. Robnett withdrew her second of the motion. The Commission requested Dulek review the lease, with the recommendations from ABS. Mascari said he thought the Commission should have a special meeting to pass the lease. O'Neil said he would suggest setting a public hearing at the August meeting. Mascari made a motion to set the public hearing for the lease for hangar #31 for August 14, 2003. Thrower . seconded the motion and it passed 5 — 0. Ellis said this is not a lease for just one person. He said it should be uniform for all the commercial hangars. c. Environmental Assessment project (consultant H.R. Green) — Joe Trnka, from H.R Green, presented information. He said the EA noise contours were revised and would be sent to the FAA by the end of next week. He said they would be smaller. Trnka said he used one aircraft that probably should not have been used in the model and it skewed the results. Dick Blum, from H.R. Green, said using daytime versus nighttime hours also had an effect on the noise study. Blum said the FAA also wanted a more detailed explanation of the alternatives. He said most of that information was reviewed in detail in the 1993 feasibility study. Much of that information will be included in the EA report. O'Neil said the information needs to be sent to the FAA as soon as possible to complete the EA so a grant can be applied for. Blum said the FAA has said that they will not pay for design work to see if Runway 07 could be lowered. Blum said he thinks the runway should be lowered and Green may try to convince the FAA of the cost savings involved with changing the runway elevation. d. Strategy/business plan project (consultant ABS) — Ellis said additional information is being sent to ABS. A meeting has been scheduled with the Council for August 18 for a presentation of the initial draft of the report The Council would like to see the report in advance of the meeting so they have time to review it. Thrower asked if they have provided anything in advance? O'Neil said the draft report was to be their first document. O'Neil said he has asked ABS to provide the draft in electronic form by August 13. All of the Commission members said to send them the report electronically. e. Obstruction mitigation project (consultant Stanley Engineering) —Mike Donnelly, from Stanley, presented a map of all the obstructions and discussed it with the Commission. He said all of the property owners were contacted. Costs to mitigate the obstructions were assigned to all the obstructions. Three of the obstructions were at ground level on the Airport. Donnelly said their estimator might have estimated high on removing the ground. He said he would do a field survey to more accurately determine how much dirt needs to be moved. Thrower noted that there was a building close to the Airport property by Runway 25 that was considered an obstruction. He wanted to know if an obstruction light could be installed? O'Neil said they would look at that possibility. He said that when the survey work was being done for the ACP, one of the survey marks might have indicated that the building is on Airport property. He would follow-up with the survey crew. Blum said the obstruction would be worse if a 50:1 slope is approved. O'Neil said it is important where the obstructions are and their height in relation to the runways. He said it would also be important to reduce the number of obstructions. Ellis asked about the flagpole on the Old Capital Building. Donnelly said the architect from the University said they were going to have an airspace study conducted. An airspace study was suppose to have been done before they installed the flagpole. E United hangar disposition - Trnka presented information on what it would cost to remove, restore or rehabilitate the building. Blum said that there would be additional costs to move the brick office part of the building. He said that there could be a significant cost with replacing the roof on the hangar. Ellis asked when the recommendation to the Council needs to be made? He said the Commission does not have funds to rehab or restore the building. Mascari said he thought there should be at least a 20 % contingency in the budget for removal or restoration. He said surprises in the Terminal renovation project meant they could not do all they wanted to with that project. He said he would not want to move the hangar and end up with a building that did not pay for itself. Blum said that no matter what was done, there would need to be a historical recording of the building. This could cost as much as $20,000. O'Neil said that disposition of the building would be included in Phase II of the runway extension project. He said that the Commission should get some direction from the Council on whether there is any desire to save the structure. There would be substantial local funds needed to restore the building. The FAA would pay 90% of the moving costs. Mascari asked about whether anyone wanted to rent the office space? O'Neil said that there has been some interest in the office, but a new water line would have to be installed. The old line ruptured and was not replaced because of the cost. Ellis asked if there was any interest yet from the Science Center? O'Neil said that he did not know if the Science Center had any funds. They wanted to move the building to the ACP and have the property rent-free for at least five years. O'Neil said that he would not advise moving the building if the Commission did not have the funding available to restore it. He said it would not be productive to the Airport to move it and leave it in the repair it is in now. Mascari said although it is a building with a lot of history, he thought it would have to be demolished. He said that the FAA would pay for 90% of the project. Ellis said the Science Center should be contacted. There was not a consensus by the Commission to contact the Science Center. Mascari recommended having H.R. Green begin the historic review. O'Neil said the Council would have to approve the funding. If the Commission wants to get reimbursed by the FAA, they need to go through a selection process to choose the consultant for the project. Tmka said that it is important to find out if there is any group that is willing to raise the funding to save the building. Mascari suggested inviting members of the Historic Preservation Commission to the next Commission meeting. They may want to take the lead in saving the building. g. Building H underground fuel tank —O'Neil said the Commission is responsible for the maintenance and insurance for the 10,000 gallon underground fuel tank located between buildings G and H. He said that the insurance is $500 per year and the line tightness test is about $500 per year. Every three years, an additional test for cathodic protection is required. O'Neil said the cathodic protection did not pass this year. He said he is waiting for an estimate to repair the tank, but assumed it would be at least $2000. He said there is very little income received from the tank Thrower asked if the tank could be closed in place? O'Neil said there is a method for doing that, but the question is whether or not the tank should be closed. O'Neil said he would check with the DNR and see if there is some way to temporarily close the tank. O'Neil said he would invite the tenant to the next meeting to discuss options. The tenant was out of town and could not attend this meeting. O'Neil will have more information at the next meeting. h. Iowa City Schools System land lease — The Commission leases one acre of property to the IC school system. O'Neil said this is part of lot #5 in the ACP. O'Neil said he would recommend approving the lease. There is a 60-day out in the lease. The rent was $3886 this year and increases to $4003 next year. Mascari made a motion for a resolution to accept the lease. Robnett seconded the motion and at roll call vote, the motion passed 5 —0. CEMIRPERSON'S REPORT - Ellis said the T-hangar leases are due in October. He said he anticipates that there will need to be a significant increase in the rent. He said he met with the Finance Director and he thinks an increase is important. Ellis said a subcommittee should start to review the lease. Ellis and Robnett will be the subcommittee. Ellis said the corporate hangar leases need to be uniform. He said that any additional use of the hangars should probably have separate agreements. Ellis said he would meet with the Mayor and get an opinion on support for the United hangar. He will contact Mr. Larew and see if there is interest from the Science Center. COMMISSION MEMBERS' REPORTS: Thrower said he would like to make a motion to add to the next agenda an item that would require Iowa Realty provide a report on marketing expenses. Dulek said a motion wasn't needed. There just needed to be a consensus of the Commission. Mascari and Robnett agreed with Thrower. Thrower said he agreed with Ellis that the Commission needed to brush up on Roberts Rules of Order to help make the meetings more formal. He said he would like to know how that would apply to administration of the Airport and would not want to see Roberts limit the dialog of the Commission. Hartwig said although it was not aviation related, he would like to congratulate the Englert group in meeting their goal. Robnett said she would like to see the bushes trimmed more at the Airport entrance. Robnett said she went to Fly Iowa in Cedar Rapids and she said it was not very well organized. She thought the Iowa City annual fly -in was better organized. Robnett said she would like to see if there would be a Vision Iowa grant or some other funding to improve the lighting and install sidewalks on Riverside Drive to the Airport. Robnett wanted to know if someone wanted to have a conference at the airport, was there space available in Building F? O'Neil said Building F is leased to Jet Air. He said that is one of the things the United hangar could be used for if it was moved and restored. Mascari wanted to know if the Commission is making monthly presentations to the Council? Ellis said he was not at the last Council meeting, but he planned on going to the next meeting. Mascari said he would like to put on the next agenda how the agenda is formulated. There was agreement of the Commission to review agenda procedures. O'Neil said he received a thank you letter from Hills Banks for participation in their Aviation Day on June 14. There will be a temporary tower for the fly -in breakfast on August 24. Dave Larsen, who represents a developer west of the Airport, may be interested in leasing some property. O'Neil told him to present the Commission with a proposal. O'Neil said he received a telephone call from a woman whose father was an airmail pilot in 1927. She has some articles from his estate that discusses the Iowa City Airport in the late 1920's. She said she would send the information to O'Neil. O'Neil said Ross Spitz, from the Public Works Department, is negotiating an agreement to get another 50,000 cubic yards of fill for the ACP. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for August 14, 2003, at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:24 p.m. Alan Ellis, Chairperson NUN UTES IOWA CITY AIRPORT COMMISSION THURSDAY AUGUST 14, 2003 - 5:45 P.M, IOWA C1TY AHtPORT TERMINAL MEMBERS PRESENT: Michelle Robnett, Baron Thrower, Alan Ellis, Randy Hartwig, Rick Mascari STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Ellis called the meeting to order at 5:51 p.m. APPROVAL OF MINUTES: There was a page missing from the minutes. O'Neil recommended that the Commission defer approval until the next meeting and he will make certain all the pages are in the packet. Mascari said that he also wanted it stated in the minutes that the money spent on the office in Building D did not have to be paid back. Mascari also wanted it noted that the change to the July agenda was done at the direction of Chairperson Ellis. Ellis said the July and August minutes would be included with the September meeting information packet. AUTHORIZATION OF EXPENDITURES: Mascari said he would like to defer payment of the bills until after the discussion about the ABS consultant report. O'Neil said the invoice to ABS has been paid. He said that he has discussed this with the Commission on several occasions that they are not necessarily pre -approving payments. If something has been budgeted for and the product has been delivered, O'Neil said he pays the invoice. The list of expenditures reviewed at the meetings is a "heads -up" to the Commission on ongoing projects and maintenance. Mascari asked about getting weather on the internet instead of Meteorlogix. O'Neil said the Commission had discussed this in the past and decided to stay with Meteorlogix. Mascari made a motion to pay the bills, except for Meteorlogix. Thrower seconded the motion. The motion passed 5 - 0. PUBLIC DISCUSSION — ITEMS NOT ON AGENDA: Ron Duffe, from Jet Air, reminded the Commission about the open house on August 24. He said on August 28, Jet Air was hosting a business P.M and the Commission was invited. September 3 the Civil Air Patrol was hosting a cookout picnic and the Commission was invited. Dulek reminded the Commission of the State $ 2.99 gift restriction. PUBLIC HEARING — HANGAR # 31 Ellis opened the public hearing at 6:00 pm. There were no comments. Ellis closed the public hearing at 6:01 p.m. UNFEWSHED BUSINESS FOR DISCUSSION/ACTION: O'Neil said that if this were to be a regular agenda item, he would routinely review minutes from the previous month and provide a list of follow-up issues. ITEMS FOR DISCUSSIONlACTION: a. Aviation Commerce Park (ACP) Tracy Overton, from Iowa Realty, said that his report was in the monthly packet. He said he has received an inquiry from a company from the east coast that wanted to locate in Iowa City. He hoped the company would be in Iowa City next week to look at properties. They need about five acres. He will update the Commission when information becomes available. He said an offer was made on Lot #1. He said it was so low of an offer that it did not go anywhere. Overton said he spoke with someone from Airport Property Specialists about a joint marketing effort. He said that they wanted to see the ABS report before thinking about any project at Iowa City. Overton mentioned the Commission might be interested in placing an ad in the Chamber's news letter. He said the newsletter goes out to most of the businesses in the Iowa City area. Overton said that in response to questions at an earlier Commission meeting, he had prepared a report on approximate expenditures by Iowa Realty for advertising the ACP. He said it is difficult to have exact numbers because the ACP is advertised with their other commercial properties. He said some of the numbers are quantifiable and some are just the price of doing business. Robnett asked about the budget for signage? Overton said this was for the brokers signs, not the permanent signs for the development. O'Neil said he thought the best place for the sign would be on the north side of the road, at the east entrance to Ruppert Road. The most visible area would be on DOT right-of—way. He said he met with officials from the local DOT office and was not given much encouragement for getting permission to place a permanent sign on the right -of —way. Ellis said there was money in the budget for an entrance sign. Thrower asked if the marketing expenditure report circulated by Overton was up to date? Overton said he thought the costs were current. Thrower asked Overton how much of the typical broker fee is attributed to office costs? Overton said he did not know the exact breakdown of the fee. He said some goes to the broker, some to office costs and some to other brokers that may be involved. Overton said Iowa Realty was never given a specified amount of money by the Commission to use towards marketing. He said he estimated up front that this assignment would cost Iowa Realty an additional $ 5000.00 more than a normal commercial listing. Thrower asked what a typical cost would be for a property such as this? Overton said he could not tell Thrower exactly what those numbers are. Overton said he did not discuss a typical number for this project. He said he expected using their typical marketing strategies. Overton said he could visit with the president of Iowa Realty and see if he could come up with some typical marketing costs. Mascari asked Overton what the average percentage of cost would be for advertising a piece of property. Overton said he does not know that number. He said the company on a whole assumes some of those costs and he has not had an occasion to know that particular cost. Overton said he did not know if there is a clear correlation between the expected broker fees and the cost of advertising the property. b. Hangar # 31 lease — Ellis said he would like to use the lease that was reviewed by the City Attorney's office. Mascari asked if the tenant has had an opportunity to review the changes suggested by the City Attorney? O'Neil said the lease the Commission held the public hearing on was the one discussed at the July Commission meeting. No changes have been incorporated since the last meeting. O'Neil said changes could be incorporated without having another public hearing. Mascari said he thought the changes were so minor that he did not think they would be significant to the tenant. Mascari said he would make a motion for a resolution to accept the lease, as amended with the changes from the City Attorney's office. Hartwig seconded the motion. Ellis said there were a couple of policy issues, such as a three-year lease instead of a five-year lease. Mascari said the rent has been adjusted to allow for increases over the five- year period. The motion passed 4 —1, with Ellis voting no. c. Davis development — water detention easement O'Neil said he met today with Joe Trnka and someone from the Corps of Engineers to discuss what possible impact the proposed development might have on the runway extension project. Dave Larsen, representing the developer, was also present at the meeting. Dulek said that if the developer wanted a permanent easement, it would have to be granted by the City Council. The Commission could grant a temporary easement. Larsen presented information to the Commission. He said the Corps would not be involved in the construction of the storm water detention basin. He said they would be involved when it came to wetland mitigation. Mascari asked if Larsen needed a permanent easement. Larry Schnittjer, from MMS Consultants, said the grading easement could be temporary, but the final easement would be permanent. Larsen said he thought their design would have no effect on the Airport's project and may also be a benefit. Mascari asked why would they want to reroute the creek to their property? Schnittjer said it would help with the water detention. Mascari asked Blum, from H.R. Green, how the proposal by Dane/Davis would affect the runway extension project? Blum said that he would not know until they reviewed the plan to see how it would fit with the Airport Master plan. Mascari explained to Larsen that the . Commission has been discussing Willow Creek for the last couple of meetings and have been working on how the creek will work into the runway design. Blum said they are working on a design for Willow Creek as it relates to the Environmental Assessment. Schnittjer asked if the creek would change on the south side of the Airport? Blum said it has not been determined whether the creek will remain in the same place and be put in a culvert or whether it would be routed around the Obstacle Free Area, as shown on the current ALP. Mascari asked O'Neil what his opinion was of Larsen's proposal? O'Neil said he would not recommend approval of anything on Willow Creek until the Commission had their plan submitted and approved by the Corps and the FAA. Larsen said he thought that they could provide assurances that their project would not impact the runway project. O'Neil said he had concerns about phase II of the developer's design, which would mitigate wetlands on the Davis property and move it closer to the Airport Larsen said it would be a dry -bottom wetlands. He said this would have not impact on the Airport. Mascari asked how you could have a dry -bottom detention area if you rerouted Willow Creek through the detention area? Blum said the real issue is that the Commission does not know how the area will be designed to accommodate the runway project. Thrower said that H.R. Green is currently working on preliminary design of the project in conjunction with the EA. They have not reviewed the Dane/Davis proposal and no plan for Willow Creek has been submitted to the FAA. He said the Commission is not an expert on this and will rely on whomever does the runway design for advice on this project. O'Neil said that when a design for Willow Creek is submitted to the Corps, the DNR, etc., it would take at least 60 days for review. He said it would be somewhere between 2 to 6 months to receive approval. Larsen said he thought the Commission will be having issues with moving dirt for their runway project and he hoped they could work together down the road. Ellis said he is reading that the consensus of the Commission is that they could not make a decision on this issue with the information they have available to them now. d. Obstruction mitigation project- Mike Donnelly, from Stanley Engineering, said a final report will be completed by Monday and given to O'Neil for distribution to the Commission. He said included in the report would be costs for mitigation and a schedule for mitigation. He said code requirements have been considered. The University has been contacted about the lighting on their power plant stacks and the requirements resulting from the air space study for the new flagpole on top of the Old Capital dome. Thrower asked Donnelly if the development directly north of the Airport had any impact as far as obstructions were concerned? Donnelly said he didn't think it did. O'Neil said the apartment building developers were required to have an airspace study done. He said the Building Department does a good job of monitoring projects near the airport and they require an airspace study be completed before a building permit is issued. e. Environmental Assessment project — Joe Tmka, from H.R. Green, said he sent additional information to the FAA and thinks he has answered everyone's comments. He said he met with O'Neil and someone from the Corps today and will address comments in the EA that will assist in the design of the culvert for the runway project. He said a permit would be required from the Corps to relocate or put Willow Creek in a culvert. The FAA has to sign off on the EA. O'Neil said he left a message for Mark Schenkelberg, the FAA Environmental Planner, to get some idea of how soon the EA would be completed. Schenkelberg will be back in the office on Tuesday of next week. g. United hangar disposition — Ellis suggested that since H.R. Green is working on the United hangar as it relates to the EA, the Commission could discuss this agenda item next. Blum said that in order to give a more detailed analysis of the building, the Commission would need to revise the Green contract. Mascari asked O'Neil if he had received any response from the Historic Preservation Commission? O'Neil said he sent a memo to the HP Commission staff planner, inviting them to the Commission meeting to discuss the hangar. He did not receive any response. Mascari asked O'Neil if the Council had been approached about funding to do the historic recording of the building? This would be required whether the building is torn down or moved. O'Neil said that at the last Commission meeting, he had explained that in order to get reimbursed from the FAA for those funds, the Commission would need to advertise the project and go through the FAA consultant selection project. O'Neil said he has advertised for a consulting engineering fora to conduct the runway project. Obstruction mitigation, including disposition of the United hangar, will be included in that project. The RFQ's are due on September 2. Mascari said it is his opinion that the Commission will have to tear the building down. He said the FAA would pay 90% of the cost to tear it down. He said the Commission does not have the money to move and rehab the building. Mascari said he thinks the Commission should send a letter to the Council and inform them of the consensus of the Commission to tear down the building. O'Neil said he would draft a letter for the Commission's review. h. Building H— underground fuel tank - O'Neil said this issue was discussed at the last meeting. It was prompted by the fact that the cathodic protection test failed and it would cost between $ 6000 and $ 8000 to correct the problem. O'Neil said there is an annual line leak detection test that costs $ 500 and a cleanup insurance premium of $ 500. Thrower asked if the tank could be filled with sand and closed in place? O'Neil said he contacted the DNR and discussed this. O'Neil said that current clean-up insurance would still be required even if the tank was temporarily closed. Dennis Gordon, the tenant, said he still expects the tank to be part of his leasehold. Mascari asked O'Neil how much it would cost to make the tank operational. O'Neil said it would be about $ 6500 for the cathodic protection and $ 1000 for the insurance and line monitoring. Mascari said the hangar is worth more money with the use of the tank. The tenant can buy fuel at wholesale and save money. O'Neil said the tenant before Gordon was paying a premium for the building because they had two aircraft that used Jet A fuel and they saved money by buying their own fueL Mascari said he thought the Commission should get a second opinion on the cathodic protection. O'Neil said the test passed easily three years ago and he was surprised that it did not pass this time. The cathodic protection test is only required every three years. Ellis said that the Commission has contractual obligations to Gordon Aircraft. Thrower said that there were some unexpected costs with maintaining the tank, especially because the cathodic protection test failed. Gordon said all of the costs of maintaining the tank were discussed when the Commission took over maintenance costs of the tank. Thrower asked Gordon if he has a value associated with the tank and if he wanted to keep the tank operational? Gordon said the tank was part of his lease and he wanted to keep the tank operational. Gordon said the person doing the cathodic protection seemed to be having a lot of problems when he was doing the testing. Gordon did not think he knew how to test the tank. Ellis suggested having the cathodic protection retested. O'Neil said he would schedule a test with another company. If the second test fails, he will also get a cost proposal from the second company to correct the problem. T-hangar leases —The T-hangar leases expire at the end of September. Because Mascari and Hartwig have t-hangars, they did not participate in the discussion. Ellis and Robnett were the subcommittee that reviewed the lease. The Commission discussed several minor changes. It was decided that there should be a distinction between a damage deposit and a security deposit. It will be the tenant's responsibility to have a current certificate of insurance on file. Robnett made a motion to accept the revised hangar lease. Thrower seconded the motion and it passed 3 — 0, with Mascari and Hartwig abstaining. The Commission decided to wait on the discussion of rates until the report is received from ABS. Ellis suggested a 20"/u increase in the rent or a comparable amount. Thrower asked why the rent is being increased? Ellis said that the Airport needs the money. Thrower asked if the FAA has any say about a surcharge on the fuel? O'Neil said it is a local decision and it would be something to coordinate with the FBO. Thrower said he would like to see trying to increase fuel sales and increase flowage fees instead of a hangar rent increase. O'Neil said he would review the language of the FBO lease to see if the FBO is paying the flowage fee or if he is just collecting it for the Commission. Robnett said maybe both options, rent increase and flowage fee, should be looked at. Thrower said he would like to use the flowage fee because those pilots not based here but that use the airport should help pay for it. f. Strategic planning — subcommittee — Ellis said he contacted ABS to discuss a letter the Commission received from a company that does privatization services of airports. He wanted ABS to know about this in case they got questions about privatization. He said he also reminded ABS that information was due to the Commission and Council before the meeting on August 18. He was told that ABS didn't know if they would be done on time. He was told that Michael Hodges was working on the power point presentation for the meeting and Randy Bisgard was working on the executive summary. They did not want information available to the public before they had time to explain their findings. Ellis talked to the City Clerk and was told that the deadline was 9:00 am. Thursday morning. As soon as it gets to the Clerk, it is considered a public document. A confidential document was sent to the City Clerk. It was not sent to the Commission or the Airport Manager. It was only an executive summary. The Mayor Pro Tem said that was not acceptable and that the Council was expecting a full draft report. She said because the Council did not have the information needed, the meeting would have to be rescheduled. It was to be rescheduled to September Il's. Thrower said he was concerned that no document was sent to the Commission. Mascari said the Commission had directed ABS to consider O'Neil as the contact and he would be responsible for distributing the information to the Commission and Council. Robnett said the Council received the information and they would likely ask the Commission for their opinion. If ABS didn't send it to the Manager, it would be difficult for him to get it to the Commission. Mascari asked what the time frame was for receiving the initial report. O'Neil said the report was due 90 days from the Notice to Proceed. O'Neil said he sent the Notice to Proceed on April 1. Mascari said the only thing received was an executive summary. Robnett said she was expecting more than a summary report. Ellis said he reviewed the contract and ABS said was supposed to present a draft report at the end of the 90 days. He said the executive summary was a response to the Council for something in writing before the presentation. O'Neil said he has made it very clear to ABS that at least a week before the next scheduled meeting, an electronic copy of the full draft report was due. Second, the Airport Manager was to be the contact person to distribute the information to the Council and Commission. The new deadline for the information is September 2. O'Neil said he contacted Michael Hodges personally and explained whom to contact, what was expected, and when it was due. The new schedule for meeting with the Council is on September e. Mascad recommended changing the Commission meeting to September 4 from September 1 I so the Commission would have time to discuss the report before the Council meets. Mascari said he wanted to emphasize that the Airport Manager to is to be the contact person j. Agenda procedures and by-laws- Mascari said he would like to see a change in how things can be put on the agenda. Mascari said he reviewed the minutes from a year ago and he thought that the intent for agenda items was to have an item placed on the agenda by the Manager, two Commission members or the chairperson. He said that has not been the way it has been implemented so he would like to change the by-laws to allow two Commission members, or the chairperson or the Airport Manager to place items on the agenda. He said recurring agenda items are not to be changed. He said he feels that the way things are listed on the agenda is the way he prepares for a meeting. Mascari said the Airport is run by the Commission and the chairperson works for the Commission. Ellis said Mascari was not happy with the agenda and kept bringing up an item that had been voted on in the past. Ellis said that because Mascari did not like the outcome of the vote, he continued to bring up the issue. Ellis said he changed the agenda to keep Mascari from embarrassing the consultant and the Commission. Robnett said she thought the motion she had made in the past was as Mascari explained it. She said that there was a question of who was to be able to put items on the agenda. Ellis said the proper way to change the by-laws would be to review the entire by-laws and see if there were changes to be made. The last time there was a total review was 1991. Robnett said the policy could be changed with Rules of Order or through Policies and Procedures. Ellis asked who would define what agenda items are recurring? Mascari said this should be left to the discression of the Airport Manager. O'Neil said the Commission should make sure that they do not develop a policy that is in conflict with their by-laws. Mascari said that he would like to make a motion to revise the by-laws to allow two Commission members, or the chairperson or the Airport Manager to place items on the agenda. Recurring agenda items will not be modified. Thrower seconded the motion. Ellis said that if the Commission were concerned about process, he would remind them of when he wanted to develop a policy for the bulletin board in the Flight Service Room. It was on the agenda, it was voted down, and he did not bring it up again. Dulek reminded the Commission that there was a motion on the floor. She said Mascari needed to amend his motion to define recurring agenda items. Mascari said he would like to amend his motion to include that the Airport Manager would determine what qualified as a recurring item. The motion passed 4 — 1, with Ellis voting no. Thrower said he had another issue for this agenda item. He said he would like to make a motion to amend the by-laws to make it possible to remove an officer of the Commission. He said that was a defect in the by-laws. Thrower circulated an amendment to the by-laws. His motion included several situations that would warrant removal from office. Mascari seconded the motion. O'Neil asked if it would be appropriate to review the entire by-laws, as was suggested earlier? Thrower said he thought the by-laws should be reviewed at some time, but he would like to move forward with his motion. He thought it was an important issue. Thrower said this was to remove someone from office, not from the Commission. The Commission members are Council appointments. There was some discussion on the actual language to be added. Dulek made some suggestions and Thrower said he would amend his motion to reflect Dulek's suggestions. He will send O'Neil a copy of the exact language if the motion passes. Ellis called for the vote on the motion. The motion passed 3 — 0, with Ellis voting no and Robnett abstaining. CHAWERSON'S REPORT: Ellis said he heard the Commission loud and clear and that was the end of his report. COMMISSION MEMBERS' REPORTS: Thrower said the video of the June aviation day has began airing on the government channel and he will distribute a copy of the tape to the Commission. He would like the Commission to review it and provide feedback. ADNffiVISTRATIW REPORT: O'Neil said the Commission had asked him to let them know when significant money would need to be spent on the NDB. O'Neil said that time was now. He said the other option was to decommission the unit. He said he would need a $ 500 part just to see what else would need to be fixed. The consensus of the Commission was to see what was needed to decommission the NDB. O'Neil reminded the Commission of the open house and breakfast on August 24. There will be a temporary tower. O'Neil suggested the Commission might want to volunteer working on the serving line for a short time and meet with the people attending the open house. There is a change in the way unemployment is charged in the budget It will be charged to individual departments. The State Aviation Conference will be in Des Moines on October 16`s and 17th. The Deaf Pilots Association has selected a different city to hold their 2005 convention. They may be interested in Iowa City for 2006. They did not want to provide the insurance coverage the Airport requested. O'Neil reminded the Commission of the meeting with the Council on September 8`s O'Neil said he is meeting with Todd Madison, the FAA planner for the State of Iowa, on August 19". O'Neil said he is trying to get two FAA grants in the next fiscal year. The RFQ's for the Runway 07/25 project are due on September 2 d. O'Neil said he contacted several companies that have expressed interest. The lease for hangar # 32 expires in September. This will be on the agenda for the September meeting. He said the tenant is interested in leasing the hangar again. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for September 4, 2003, at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Alan Ellis, Chairperson IOWA CITY AIRPORT COMMISSION September 2003 Airport Expenditures Account 46110 Amount 119174 Commercial Towel July service 78.90 119175 Advanced Electric Lightning damage repair 378.00 119176 Verizon July service 22.43 119177 Stitzell Electric Runway light bulbs 410.29 119178 Midwest Janitorial August service 185.00 119179 O'Keefe Elevator Elevator repair -Bldg E 275.53 119180 Larew Co. Air conditioner repair -Bldg E 93.45 119181 Gazette Com. Legal ad — RW 07/25 6.93 119182 Des Moines Register Legal ad — RW 07/25 20.34 119183 City of Iowa City Sewer & water — Aug 208.05 119184 Commercial Towel August service 52.60 The above listed expenditures were approved for payment at the Iowa City Airport Commission meeting on September 11, 2003. Chairperson Vice -chairperson HANGAR LEASE tA fl�A G A Z This HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Iowa City Aircraft Repair, Inc. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar # 32 (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport') and described as follows: Building G, corporate hangar with a 48' bifold door and attached office space. The Hangar Space shall be used and occupied by Tenant principally for the maintenance or construction of the following aircraft: Aircraft Make & Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business telephone Numbers Tenant shall promptly notify the Commission in writing of any change in the intormamon furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. 2. Term. The term of this Lease shall commence on October 1, 2003, and shall end on the last day of the month of September, 2005. Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term if the Tenant does not intend to negotiate another term. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another term, such holding over shall not constitute a renewal of this Lease but shall be a month -to -month tenancy only. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $464.00 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $6.95 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Rental Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. In the event that the tenant renews the lease, the deposit will be held for the next lease term. If the tenant does not continue on with a renewed lease, the Commission shall return the deposit to the Tenant, less any amounts due the Commission for rent and damages to the Hangar Space. 5. Use of the Hangar Space. a. The Hangar Sparse shall be used primarily for aircraft maintenance or construction consistent with federal regulations and the Minimum Standards. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. 2 d. No other commercial act" other than aircraft repair and maintenance shall be conducted by Tenant in, from or around the Hangar Space. e. Tenant shall take steps to ensure that the performance of maintenance work shall not damage the Hangar Space or the Airport where the work is performed. f. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. g. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by federal, state or local government agencies. h. Tenant shall dispose of used oil only in approved receptacles. i. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or Hangar Space. j. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar. Space in the same condition as when received, ordinary wear and tear excepted. k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. I. Tenant agrees, at its own expense, to pay for the monthly costs of all utilities, except water and sewer, for the Hangar space. Commission agrees to furnish monthly water and sewer service at no expense to the Tenant. Tenant is responsible for his or her own refuse disposal. 6. Rights and Obligations of Tenant a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. C. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Extinguisher must be mounted and be rated at least 2A 4013C. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed an the Hangar or to the Hangar Space. 7. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. C. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall do such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 10. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. 4 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stoned, located, or contained in the Hangar Space without the Commission prior written approval and proper storage containers. b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non= hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. 12. Special Events. During special events at the Airport, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 13. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30{lays notice to terminate this Lease. Commission shall provide Tenant with a copy of said and regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the tern of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Tenant wants to change the lock to the Hangar Space, he or she shall provide written notice to the Airport Manager before he or she does so and shall provide a key to the Manager within twenty-four hours of changing the lock. 15. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises)Liability- Each Occurrence $1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. 16. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or li Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 19. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 20. Event of Default. This lease shall be breached ff. (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. Upon the default by Tenant, or at any time thereafter during the continuance of such default, the Commission may take any of the following actions and shall have the following rights against Tenant a. Termination. Commission may elect to terminate the lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time speed in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Tenn and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. 0 c. Tenant to remain liable. No termination of this lease pursuant to this paragraph, by operation or otherwise, and no repossession of the hangar space or any part therof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, reposssession or reletiing. d. Damages. In the event of any termination of this lease or eviction from or repossession of the hangar space or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to the Commisison the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term. 21. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 23. Non -Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e The Commission reserves the right (but shall not be obligated to Tenant) to maintainand in repair the landing area of the airport and all publicly -owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly -owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interference or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. i. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. j. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the 13 k. airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Airport Manager or the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or C. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to Tenant, addressed to: Iowa City Aircraft Repair, Inc. 1801 South Riverside Drive Iowa City, Iowa 52246 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: Title: Date: Iowa City Aircraft Repair 0 Title: Date: Approved: City Attomey's Office Section 4 Obstruction Elimination Prioritization Table 4-1 prioritizes the obstructions and presents the estimated costs for mitigating each obstruction. Pictures of these obstructions are presented in Appendix A and are plotted on an aerial photo in Appendix B. Table 4-1 Obstruction Mitigation Priority List Point No. Description Disposition Estimated Cost RW 7/25 RW 12/30 General On Airport 89 tree cluster remove $2,500 X X 90 & 93 tree cluster remove $4,000 X X 169 Hanger C light $5,000 X X 170 Hanger B light $5,000 X X 48 tree 34:1 to 20:1 - X X remove $1,300 92 tree remove $1,450 X X 141 tree remove $1,450 X X 142 light pole remove $1,400 X X 7 Hargrave sign lower $9,000 X 164 Hargrave lower $25,000 X lightpoles 9 trees remove $2,500 X 8 trees remove $4,000 X csw:mjh:c:jobfiles116335Report 4-1 Stanley Consultants Table 4-1 .Obstruction Mitigation Priority List Point No. Description • Disposition Estimated RW 7/25 RW 12/30 General On Airport Cost 176 Menards light $4,000 12 trees remove $5,500 121 tree remove $2,350 5 tree cluster remove $10,000 4,159-163 poles move $29,000 underground 167 & 175 poles move $21,000 underground 117 Power plant stack file 7460 to (1) extinguish 119 Courthouse lower (r) $3,000 flagpole 33 tree remove $4,200 34 tree remove $3,800 35 trees remove $3,300 36 trees remove $3,200 146 tree remove $4,270 150 tree remove $2,800 151 tree remove $3,930 152 tree remove $4,200 32 pole 34:1 to 20:1 (3) underground/, $15,000/ relocate $26,000 145 pole lower/ $11,000/ underground $16,000 147 light pole lower $1,000 148 pole lower/ $13,000/ underground $18,000 149 pole lower $11,000 49 light pole 34:1 to 20:1 (3) lower $300 143 pole lower $11,000 144 pole lower/ $11,000/ underground $18,000 107 pole lower $11,000 114 tree remove $4,000 X X X X !3 X X X X X X X X X X X X VI csw:mjh:c:jobfiles\l6335Report 4-2 Stanley Consultants Table 41 Obstruction Mitigation Priority List Point No. Description - Disposition Estimated RW 7/25 RW 12/30 General On Airport Cost 116 tree remove $5,580 X 120 tree cluster remove $6,300 X 54 tree cluster 34:1 to 20:1 (') X remove $9,700 55 tree cluster 34:1 to 20:1 tat X remove $7,500 56 tree cluster 34:1 to 20:1 tat X remove $3,800 53 tree 34:1 to 20:1 (r) X remove $4,150 133 St. Marys Church light $10,000 X Spire 172 United Hanger remove $72,000 X X 27-29 ground regrade $100,000 X X 174 Alexis Park Inn remove tot X of The current Obstruction Table recommends to light this stack. The FAA Air Traffic Division has indicated to Stanley Consultants that this stack might not have to be lit due to its size and location near to an additional stack — obstruction No. 118. The stack owner could file a FAA Form 7460-1 "Notice of Proposed Construction or Alternation". (Z) The current Obstruction Table recommends to light this flagpole. Stanley Consultants contacted the FAA Air Traffic division about this obstruction. The FAA gave Stanley Consultants two other recommended options to mitigate the pole. One is to relocate the pole to a part of the roof which is lower. The second is to shorten the pole to clear the airspace. P) The current Obstruction Table recommends that the approach surface for RW30 be changed from 34:1 to 20:1. Per Howard R. Green's 2002 ALP, this slope change is not planned. Stanley Consultants has, therefore, provided an alternate disposition. tot To mitigate this obstruction as recommended, would require purchasing the property and removing the structure. This would be very cost prohibitive. Source: Stanley Consultants Assumptions In order to determine cost estimates on the power and light poles without contacting the utility companies, the following assumptions were made: • When utility poles are recommended to be lowered, relocated or to run the lines underground, the cost to address underbuild lines such as cable will be home by the companies that own those lines. • Point No. 133: Roof of spire is accessible. • Point No.'s 133, 169;170, and 176: Power is available within 50 feet. csw:mj6:c:jobfileMI6335Report 4-3 Stanley Consultants t • Point No. 143: Light pole is not touched and the underbuild line is left in place. • Point No. 148: Transformer on pole can be relocated. Respectfully submitted, Stanley Consultants, Inc. Prepared by Catherine S. Weikel, P.E. csw:mjh:c:jobQes\16335Report 4-4 Stanley Consultants T-HANGAR LEASE This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and ('Tenant"). In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar # (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: T-hangar with a bifold door. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business Telephone Numbers Tenant shall promptly notify the Commission in writing of any change in the information fumished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. 2. Term. The term of this Lease shall commence on 200_, and shall end on the last day of the month of . 200_ Provided Tenant is in compliance with all terms and conditions of this Lease, the Commission acknowledges that Tenant will likely be offered another one-year lease at the expiration of the term of this Lease, and Tenant acknowledges that rent will likely be increased under the subsequent one-year lease. If Tenant does not intend to execute another lease following the expiration of the the term of this Lease, Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another 12-month term, such holding over shall not constitute a renewal of this Lease but shall be a month -to -month tenancy only. 3. Rent For use of the Hangar Space, Tenant shall pay the Commission the amount of $ per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Security/Damage Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts necessary to repair damage, conduct cleanup or owed to the Airport Commission. If the tenant renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or Hangar Space. i. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. j. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. C. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 7. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. C. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least five (5) feet of the Hangar. Snow removal closer than five (5) feet is the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 10. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 45513.411 (2001), may be stored, located, or contained in the Hangar Space without the Commission prior written approval. (The Iowa Code can be found online at www.leqis.state.ia.us/Code.htrnl The U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal regulations can be found online at www.access.qpo.gov/nara/cfr/cfr-retrieve.html#paqel ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other nonhazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. 12. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 13. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said and regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the Hangar Space, he or she shall provide shall provide notice to the Commission before he or she does so and shall provide a new key to the Commssion within twenty-four hours of doing so. 15. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises)Liability - Each Occurrence $1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. C. It is the tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Airport within 7 days of when the certificate expires. 16. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 19. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 20. Default This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. 21. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 23. Non -Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, pernittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and in repair the landing area of the airport and all publicly -owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. The Commission reserves the right further to develop or improve the landing area and all publicly -owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. i. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Airport Manager or the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or C. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: Title: Date: _ TENANT: By: Title: Date: Approved: City Attorneys Office IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 August 25, 2003 The Honorable Mayor Mr. Ernest Lehman 410 East Washington Iowa City, Iowa 52240 Re: ABS report Dear Ernie: On August 22, the Airport Manager and I conducted a conference call with Michael Hodges from Airport Business Solutions to discuss the schedule for presentation of the draft airport business report. I shared with Mr. Hodges my perception of both the Iowa City Council and Iowa City Airport Commission expectations for ABS to perform/provide an unbiased analysis/report. It was clear during the conversation with Mr. Hodges that ABS, from the beginning, set out to provide the Iowa City Council and Iowa City Airport Commission a report purely based on his firm's many years of aviation consulting experience, combined with the raw data collected specifically for our facility/market. The Commission is expecting a draft of the entire report, outlining the strengths and weaknesses of the airport, as well as suggestions on how to make planning and operational improvements. The provided analysis will assist the Commission in establishing a set of goals as well as a timeline for implementing all appropriate recommendations. The draft report is due to the Airport Manager on September 2 and will be distributed to the Commission and the Council for review. The original plan was to have ABS present the report to the Council and Commission at the Council's work session on September 8. I would like to suggest rescheduling the review for your work session on September 22 instead of September e. This will allow the Commission and Council more time to read the report and formulate questions for Mr. Hodges. Ron O'Neil has confirmed that Mr. Hodges of ABS will be able to attend a meeting on September 22 if it is scheduled for the same time as the original meeting was. Steve Atkins (Iowa City Manager) and Ron O'Neil have discussed having about an hour for discussion, starting at 5:30 p.m. If September 22 does not work for the Council, we would recommend extending the date forward as necessary to honor the original project's intent. Let me know what time and date works best for the Council, as I will need to finalize the plan with Mr. Hodges as soon as possible. If you have questions or would like to discuss this in more detail, please contact me at 337-1480 or the Airport Manager at 356-5045. Sincerely, Baron Thrower, Acting Chairperson Iowa City Airport Commission Cc: City Council Airport Commission Steve Atkins, City Manager Sue Dulek, Assistant City Attorney Ron O'Neil, Airport Manager Ron O'Neil From: Michael A. Hodges [mhodges@airportbusiness.net] Sent: Wednesday, August 20, 2003 8:12 AM To: 'Ron O'Neil' Cc: Randy Bisgard Subject: Call Ron - I got your message late yesterday. I am headed to PHL today for a meeting, so I will not be available for a call with the new chairman today. Please ask them to send me an e-mail regarding a good time for me and phone number to call them Thursday or Friday to discuss matters. Regards, Michael PS: I did not appreciate you hanging us out to dry with the newspaper. You were very aware of what was going on and what we planned to deliver. You comment to the press was inappropriate. Michael A. Hodges, MAI President/CEO Airport Business Solutions 365 Arroyo Drive Roswell, Georgia 30075-1258 (678) 461-4300 1 Ron O'Neil From: Michael A. Hodges [mhodges@airportbusiness.net] Sent: Wednesday, August 13, 2003 5:22 PM To: 'Ron O'Neil' Cc: 'Alan Ellis (E-mail)'; 'Sue Dulek; 'Marian Kan'; 'Steve Atkins'; 'Bobbi Thompson (E-mail)'; 'Randy Bisgard (E-mail)' Subject: RE: draft report Ron - As we discussed, there were never any discussions about having a full draft report to the Commission prior to next Monday's meeting. In fact, your request to Randy last week was that if we had anything to share prior to the meeting, please submit it electronically so that it could be distributed to the Council members. We clearly conveyed that the full report would not be available prior to Monday's meeting, but that a copy of the Executive Summary section of the report would be provided. We felt it was important to receive input from you, the Commission, and Council regarding our findings and recommendations prior to putting them in a document that would be disseminated to the press. By providing the Executive Summary, as well as the presentation on Monday in a Powerpoint format with plenty of Q & A, that the draft and final documents would be more effective for the Commission and Council. Part of the delay in completing the draft was out of our hands. Regardless, if we would have known that there was an expectation of providing a full draft report prior to Monday's meeting, we would have made that happen, regardless of the consequences regarding the distribution of the document prior to receiving valuable input from pertinent parties. We sincerely apologize to you, the Commission, and City Council for this miscommunication. Regards, Michael Michael A. Hodges, MAI President/CEO Airport Business Solutions 365 Arroyo Drive Roswell, Georgia 30075-1258 (678) 461-4300 -----Original Message ----- From: Ron O'Neil [mailto:Ron-O'Neil@iowa-city.org] Sent: Wednesday, August 13, 2003 3:42 PM To: Bobbi Thompson (E-mail); Michael A. Hodges (E-mail); Randy Bisgard (E-mail) Cc: Alan Ellis (E-mail); Sue Dulek; Marian Karr; Steve Atkins Subject: draft report In discussing next Monday's Council agenda at our staff meeting this morning, I was informed that you would not have the full draft report available to me by today. In a phone call received from the Mayor Pro Tem, she indicated that the Council is expecting a copy of the full draft report to review before the meeting. That report would need to be at the City Clerk's office no later than 9:00 a.m.CDT tomorrow. If not, the meeting will have to be reschedule for Monday, September 8. In my e-mail to Randy last week reminding you the report was due on August 13th, I said it would be helpful to have the report in electronic form. This would save printing a draft report and then a final report if any changes are made. If the meeting is to be to be rescheduled for September 8th, please have the disc to me by Tuesday, September 2 so I can distribute it to the Commission and Council. Again, the Council has requested a copy of the full report, not a summary. Because I am the only staff for the Commission, I am the one who should be contacted regarding this project. My telephone number is (319) 356-5045 and e-mail is ron-oneil@iowa-city.org 2 Marian Karr From: Sue Dulek Sent: Wednesday, August 13, 2003 8:24 AM To: mhodges@airportbusiness.net' Cc: ellisalan@mchsi.com'; Marian Karr Subject: Iowa City Airport Dear Mr. Hodges: I am an Assistant City attorney, and I represent the Iowa City Airport Commission. 1 just tried to telephone you. Marian Karr showed me a hard copy of your email to her dated August 12, 2003. 1 have also telephoned Alan Ellis. Marian brought it to my attention because you marked it "confidential" and indicated that it was not to be distributed to the media. Under Iowa law, the attached draft Exective Summary is an "open record" See Iowa Code section 22.7. In other words, it is not confidential, and the media and any one else will be able to get a copy. I would anticipate that you will be contacted by local media today. If you have any questions, please do not hesitate to contact me at 319/356-5030 Sue Dulek Iowa City Airport Business Plan 1 Executive Summary August2003 CONFIDENTIAL DRAFT Executive Summary This Executive Summary is presented to the City of Iowa City, Iowa to provide the City and the Iowa City Airport Commission with an introduction to the multiple goals contained within the Iowa City Airport Business Plan that follows. Specific action items presented in this summary are shown for quick reference only as a prelude to the Business Plan report. Important details and justification can be found within the Plan itself in the Chapters reflected herein. Based upon our analysis, the three primary goals for the future success of the Iowa City Airport are: 1) to improve the image of the Airport both locally and nationally, 2) to reduce the overhead needed to operate the facility on a daily basis, and 3) to gradually improve revenues generated by the Airport to reduce and/or eliminate general fund tax subsidies. Although relatively small compared to many other general aviation airports of similar size and operations, the tax subsidy required for airport operations has a continuing negative impact on the Airport from a public relations perspective. Many comments were received by Airport Business Solutions throughout the course of the Plan's development regarding the positive impact that the Airport has on the community and the University of Iowa. However, the Airport has not taken advantage of this situation and allowed a negative perception of the Airport to persist. Historically, Airport management has been reactive rather than proactive regarding operations and positive image -building for the facility. The City continually benefits both directly and indirectly from the activities of the Airport, and this fact needs to be more aggressively demonstrated. The future potential of the Airport is considered to be good given a more structured environment, improved communications with local governmental leaders, and a more aggressive marketing and management style. Additionally, although the untimely departure of the previous fixed base operator created a significant financial drain on the Airport, the current FBO appears to be on solid footing and represents a regional business with an excellent reputation. Jet Air, Inc. appears to be in a strong position to assist the Airport in improving operations through a "team management" approach. Given the proper structure, and measured milestone achievement incentives, the City and the FBO could move forward with a plan that could potentially improve the financial 1 Iowa City Airport Business Plan 2 Executive Summary August 2003 CONFIDENTIAL DRAFT position of the Airport and the FBO. This situation would not only help the Airport financially, but also improve service levels to the end users of the Airport through the incentives provided It should be noted that there are potential areas where the Airport may be able to gradually increase revenues; however, many of the following recommendations will not be achievable without the City making significant alterations to Airport staff and management structure, including, but not limited to, a contract management agreement with the FBO to facilitate day -today management and operation of the Airport. This and other recommendations and other action items will be addressed in greater detail within the body of this document, and are outlined as follows. Recommendations/Action Items Introduction and Chapter 1 (Historical Analysis): • Increased proactive involvement with the local business community and community organizations • Increased interaction with the City Manager Chapter 2 (Statistical Analysis): • Better record -keeping of Airport operations and related activities • Continually monitor rates and fees at comparable airports • Play a stronger role in economic development in the area • Monitor Demographic Business and University Activity for aviation opportunities Chapter 3 (Management and Operations): • The FBO Owner/Manager should take a more active role in management and development of the Airport • Immediately begin to implement new organizational recommendations 2 Iowa City Airport Business Plan 3 Executive Summary August 2003 CONFIDENTIAL DRAFT • Continue oversight by the Airport Commission • Make adjustments to lease agreements • Begin aggressive joint marketing efforts • Restructure advisory and communications distribution to City leaders • Management team needs to be able to manage several goals simultaneously • Aggressively seek development and installation of a precision landing approach • Maintain a high level of safety and security • Provide excellent customer service Chapter 4 (Airport Documents): • Adopt Leasing Policy • Adopt Rates and Charges Policy • Develop Minimum Standards • Prepare better lease language for new leases • Require security deposit on all leases • Prepare and maintain emergency phone and address list on all tenants Chapter 5 (Marketing Strategy): • Plan Airport Open Houses • Hold Contests for area youth • Host media events • Take advantage of University student population (potential pilots) • Keep updated media list • Conduct user surveys • Develop a milestone -based marketing plan • Increase interaction with aviation trade associations • Make Airport and FBO better known in national and regional aviation circles 3 Iowa City Airport Business Plan 4 Executive Summary August2003 CONFIDENTIAL DRAFT Chapter 6 (Financial Analysis): • Reduce and/or eliminate tax subsidy to Airport • Increase T-Hangar rates • Improve fuel volumes • Restructure management of the Airport to reduce overhead • Develop milestone incentives for the FBO • Improve financial tracking of revenues and expenses • Review the direct and indirect economic impact of the Airport • Negotiate with the City for a land swap of industrial park property • Complete a facilities audit and facilities needs assessment • Complete an energy and environmental study Within the report that follows, this Business Plan will outline many of the issues that have historically impacted Airport operations and development, as well as offering potential alternatives to maximize the effectiveness and efficiency of Airport management, while facilitating revenue enhancement and self-sufficiency. 4 RFQ list Runway 07/25 project 03 September 2003 Company Contact Telephone 1. Leo A. Daly Al Hottovy 402-391-8111 2. Anderson -Bogert Bill Bogert 319-3774629 3. H.R. Green Dick Blum 319-841-4000 4. Earth Tech 5. Clapsaddle-Garber 6. Kirkham Michael David Hughes Mike Bearden Brian Rath 515-244-1470 641-752-6701 515-270-0848 IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 September 2, 2003 The Honorable Mayor Mr. Ernest Lehman 410 East Washington Iowa City, Iowa 52240 Re: United hangar Dear Ernie: At the last three Commission meetings, the Commission has discussed the disposition of the building known as the United hangar, at 1701 South Riverside Drive. Boeing Air Transport Company constructed it around 1929. Boeing Air later became United Airlines. Because of its age, the building has some historic significance. It has been determined to be eligible to be a historic structure, but it has not been designated as a historic building. Because of its location in relation to the end of Runway 25, it is considered an obstruction. The building can not remain in the current location. Disposition of the building would be included with the second phase of the Runway 07/25 project. The Commission hopes to receive funding for phase two next year. There are at least three options. All three options include the required historic documentation of the building. One option is to demolish the building. Another option is to move the building and rehabilitate it. A third option is to move the building and restore it. The FAA will pay 90% of the cost to move the building. This would include moving costs, new footings and floor and constructing the utilities to the new site. They will not pay to rehab or restore the building. The Commission has known for some time that the building is considered an obstruction. Very little money has been spent on it and it would need considerable work to rehab or restore it. Because of the economic climate, the consensus of Commission is that the structure will be demolished. The Historic Preservation Commission was invited to the August Commission meeting to discuss the building, but the Commission did not receive any response from them. The Commission does not know of any other group that might have an interest in preserving the building. The Airport Commission has started the process of selecting an engineering firm for the Runway 07/25 project. In defining the final Scope of Services for the project, the Commission will need to decide the fate of the United hangar. The main objective of this letter is to notify the Council that the Commission has spent a considerable amount of time on this issue and, using the available information, has decided to demolish the building. There was some sentiment to save the building, but there are no funds to allow that to occur. Sincerely, \ Ron O'Neil Airport Manager Cc: City Council / Airport Commission J Steve Atkins, City Manager Sue Dulek, Assistant City Attorney � i2i`L nV)'PSL�ZT� Iowa City working on ways to help airport IOWA CITY — Months of negotiations . with the Iowa Wing, of the Civil Air Patrol Have borne fruit for Iowa City's financially ailing Mu- nicipal Airport. The airport is closing in on a deal that would allow the Air Patrol to open an office at the airport. Rent; —likely not a great s—um is still being negotiat- ed, and no new airplanes would be -permanently housed at the facility, said Ron O'Neil, airport manager. Staff also is expected to be minimal: about three people on a regular basis, he said. The Air Patrol move comes as it closes its small quarters at the Des -Moines Interna- tional Airport and, in Anamo- Sa, O'Neil said. Details of the arrangement ire, expected early this, p{onth. - On the subject of ,the air- port; the' City Council on Aug. 18 • will hear from a. business consultant trying to come up with strategies to attract 'more business to the airport, located in southern Iowa City, and attract inves- tors to the mostly idle com- merce park that surrounds it. The plan will be made pub- lic Aug. 14. Council members were skeptical aboutiFthie "con- sultant's fee, more than $15,000, and can be. expected to take a f oie, otlied comb to any plan. Iowa City is expected to. provide more than $183,OW in subsidies to the facility this fiscal year. This weekly column 'is pre- pared by Gazette government reporters Rick Smith, Dick 'Ho - gars, Cindy Hadish; Frank ,:Gluck and'Xicole Schuppert. If you have questions or com- ments, e-mail them at met= ro@gazette cmnmunications.com BY-LAWS IOWA CITY MUNICIPAL AIRPORT COMMISSION ARTICLE 1. MEETINGS — Section 1. Regular Meetings. Regular meetings of this Commission shall be held monthly. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or shall be called by the Chairperson at the request of 3 members of the Commission. Section 3. Place of Meetings. Regular meetings shall be held in the Terminal Building at the Iowa City Municipal Airport or other appropriate meeting place should the Terminal Building not be available. Section 4. Notice of Meeting. Notice of the Airport Commission meetings shall be given in accordance with the Open Meetings Statute of the State of Iowa. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting, and the majority of vote's cast at any meeting at which a quorum is present shall be decisive of any motion or election. A change in the by-laws shall require a majority vote of the full Commission. (See Article V., Section 1.) Section 6. Adion. Once a matter is discussed and voted on by a quorum, the majority vote shall prevail. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all regular meetings for public discussion. ARTICLE II. MEMBERSHIP — Section 1. Qualifications. The Airport Commission shall consist of five (5) voting members. Members shall be appointed by the Mayor and approved by the City Council. All members of the Commission shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non -voting, advisory Commission member who resides outside the City boundaries. Section 2. Term. New members shall be appointed for a six -year term. The appointment shall be made during the month of February, with the Commissioner assuming office upon appointment. Section 3. Incomplete Term. In the event any member is unable to complete his/her appointed term, the vacancy shall be filled for the duration of the unexpired term by the process described in Section 1. Section 4. Absences. Frequent unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge said member and appoint a new Commission member. Section 5. Orientation of New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the Code of Iowa, Airport Commission by-laws, and other documents that could be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the City Council, the City Staff, the Airport Commission, and others as may be deemed appropriate. ARTICLE III. OFFICERS — Section 1. Number. The officers of this Commission shall be a Chairperson and Vice Chairperson, each of whom shall be elected members of the Commission. Section 2. Election and Tenn of Office. The officers of this Commission shall be elected annually at the March meeting in each year, if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise shall be filled by the members for the unexpired portion of the tens. Section 4. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, appoint committees, call special meetings and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section 5. Vice Chaimerson. In the absence of the Chairperson or in the event of his/her death or inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice -Chairperson or his/her designated representative shall be responsible for keeping the official minutes of the Commission, filing the minutes and official documents and shall certify the bills approved for payment by the Commission. The Vice -Chairperson shall be designated as the Commission Secretary. Section 6. Removal of officer. An officer of the Iowa City Airport Commission may be removed from office for the following charges: 1. Failure to discharge Iowa City Airport Commission officer duties in the proper manner. 2. Frequent failure to attend required meetings of the Iowa City Airport Commission. 3. Bring discredit to the Iowa City Airport Commission. 4. Malfeasance or impropriety in the performance of Iowa City Airport Commission duties. 5. No Confidence, in your ability or approach towards leadership of the Iowa City Airport Commission. Any member of the Iowa City Airport Commission may bring against an officer a formal charge by filing it in writing with the secretary of the Iowa City Airport Commission, requesting the removal of the officer in question. The removal shall be voted upon at the next regular meeting of the Iowa City Airport Commission and, by a vote of a majority of the members, the Iowa City Airport Commission may remove the officer. The officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person and to present witnesses; and the person or persons bringing charges against such officer shall have the same opportunity. Such officer may waive the right to challenge the charge, at which time could resign from office, move forward with the challenge or witness the vote for removal. Having heard both the charge as well as any subsequent testimony, by a vote of the majority of the members of Iowa City Airport Commission, the officer in question shall be removed from office. Upon completion of the formal vote to remove, an election will be held at the next Iowa City Airport Commission meeting to fill the vacancy. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS — Section 1. Agenda. The Chairperson, or his/her designated representative shall prepare an agenda for all regular and special Commission meetings. Items may be placed on the agenda by the Chairperson, the Airport Manager or at the request of at least two Commission members. Reoccurring agenda items shall not be changed, except at the discretion of the Airport Manager. Agendas are to be sent to Commission members, at least three days prior to the regular meetings. In the event of a special meeting, a minimum of 24 hours notice shall be given. Section 2. Recording Secretary. A recording secretary, not to be a Commission member, shall be provided for at all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and the City Council within 2-4 weeks of the meeting. Section 4. Policies and Programs. Periodically the Commission shall review the policies and programs of the City, County, and Regional Planning Commissions relating to the Municipal Airport and make such recommendations to these bodies as are deemed appropriate. Section 5. Referrals From Council. Periodically, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify the Council of the disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Municipal Airport are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Airport business. Section 7. Annual Reoort. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson or his/her designated representative, approved by the Commission, and submitted to the City Council. ARTICLE V. AMENDMENTS — Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular or special meeting called for that purpose. All amendments must be approved by a majority vote of the full Commission. Section 2. These by-laws shall prevail as written unless any part thereof stands in conflict with the Code of Iowa, in which event the Iowa Code shall prevail. Section 3. In all procedural matters not specifically provided for in the by-laws, the latest edition of Roberts Rules of Order shall prevail. Amended and approved on.14 August 2003 Chairperson Vice Chairperson ahWrNacbyWm.ro zQ�V -% a 2003 CITY COUNCIL ELECTIONS (CANDIDATES WHO HAVE FILED IN THE OFFICE OF THE CITY CLERK) OFFICE VERIFIED COPIEDCANDIDATE Ross Wilburn District X X 1917 Taylor Drive 358-6374 Dean Shannon District C X X 808 Normandy Drive No phone # listed Irvin Pfab District C X X 505 E. Jefferson #1 PO Box 2446 351-4094 Bob Elliott At -Large X X 1108 Dover St. 351-4056 Dee Vanderhoef At -Large X X 2403 Tudor Drive 351-6872 Steve Soboroff At -Large X X 1332 Sandusky Drive 688-9238 Karen Pease District A X X 810 Benton Drive #14 358-7060 Regenia D. Bailey District C X X 430 Church Street No phone # listed PRIMARY IN DISTRICT C Mitchell Rotman At -Large X X 819 Hudson Avenue No phone # listed Holly Berkowitz At -Large X X 612 Granada Court 351-3489 PRIMARY AT LARGE Rachel Hardesty At -Large X X 15 Forest Glen 337-3024 George Etre At -Large X X 210 S. Clinton No phone # listed Kathy Huedepohl At -Large X X 319 E.Washington #103 341-8221 Brandon Ross At -Large X X 1822 Rochester Ave. 338-4183 City of Iowa City City Clerk's Office Date: August 20, 2003 To: Ron O'Neil From: Kellie Tuttle 356-5043 AUG 212003 N..N......... At last night's City Council meeting Brian Sponcil was appointed to the Airport Zoning Commission. A copy of his application is available on the City website and Laserfiche. A copy of the letter that was sent to him is included and a Board/Commission Business Listing was also sent with the letter. Please make sure he completes the form and returns it to the City Clerk's office. If you have questions or concerns feel free to call. Thanks for your help. August 20, 2003 Brian Sponcil 333 Woodside Drive Iowa City, IA 52246 Dear Mr. Sponcil: 4d City of TPA No' C I am very pleased to inform you of your appointment to the Airport Zoning Commission. Your appointment expires December 31, 2003. We appreciate your willingness to serve in this capacity. All Board and Commission members are required. to fill out a Business Listing. This should include all businesses in which you or your spouse/domestic partner have an ownership interest (for example, sole proprietor, partner, 5% or more of a corporation's stockholdings). Please fill out the attached form and return it to the City Clerk's office in the enclosed envelope. If you have any questions regarding this appointment, please contact Ron O'Neil (356-5045). Information will be sent to you regarding the upcoming meeting schedule. Sincere[ yours lt% Ernest W. Lehman Mayor Cc: Ron O'Neil, Airport Manager 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ts Tuesday, 'March 11, 2003 www.gaietteonf ine.com . ]JAY L. 0 ' C A•L A R .E G I ; 0. N.. . L . G una voi 'Eders new tax rate Bud ..er cghYevy,�Winter. General Rand expenditures will total an esti- proposed Iowa Ciy'budget feW,stlendinQ i�nnrov&ae6ts-' �� .million next fiscal year,;a '4 percent, Genera fu tl'expendlteres forfiscal 2004 . . Y, b . 1� - lilCCeaSO OveYthls -fiscal Year.($40.9 million) Percent of budget By .Frank Gluck.' The Gazette IOWA CITY— The municipal budget,the City Council is to adopt tonight, balls for a, highbt property tax levy, but little or nd increase ; in spending 'for community programs and' city, SerVlbea: ' The $1M.6, million spending plan; ;for • fiscal tow would cost the owner of a $10000 home W.34'in city taxes, up. from $03-71' this year. hint city residents can look for a 5 percent decrease in, water. rates and, so far, no increase ,in parking or recreational •fees: "The critical issue (the council is addressing tonight) ;i$ setting the tax rate," said Keufn to City :budget planners have, had. 'to contend with bad news. on several fronts, -this ,year. Aside from a poor economy;, the cost•. of employee health-insit oe:is projected to rase 15. percent next fiscal year, down from. ibis year's' astronomical 40.6 percent 'increase but, double: digit. growth :nevertheless:.. , The state' also has made, City employees more expensive .by re4uarirtg a $400,0� increase.in city funding for police and firefighters' pensions: . ,...Most sig ai£acantly, •the . state,- property tax rollback conthntes to decline, A worrying trend for the city, which relies'heavily on property tax. receipts. .Next year,, the ,.rollback., rate .:will, be '5i.3' , percent, down from 51:6'percent this year. Police protection - - 19% Parks & recreation 14% Fire protecton' Library .. WONNNEW 10% Transit 10% Flnance.department 7% Streets maintenance 6% Administration 5% Traffic.enoneking� 3% Housing and building Inspection 3% ' Public works and engineering �3% Noadministration 3% Plmnnni development w.2%' Senior center 2% Anlmel careand adoption ■ 1% O Nfalley, cuy finance.duector. The counc}1 �s meet` at 7 p m at Iiarvat. Hall in'the %Civic - Turn to .5B: Budget. source: city Of. Iowa city :Gazette graphic J Bu ftef , Reliance on property taxe$ remains high ■ From page.;LB Though only a slight decline, the rate is about 17 percentage Points .lower than it was 10 years ago, city officials note.' Construction activity.in the city remains strong but. proper, ty tax revenue will have in- creased only 2 percent by the end of this fiscal year, said City Manager Steve Atkins. "The circumstances continue to point out the problem of our reliance --on our property tax base and that regardless of our growth in. values, new con- tinues .to decline;' Atkins stat- ed in his Budget report to the Council. Residential property faxes ac- count for about half -of the City's revenue. Other budget. highlights in= elude: . • City funding for SEATS will increase $112,(100 next':fis- Cal yeanto total up to $687,p00. • `Community development block grants and from the fed- eral government will decline by 13.1 percent next veer because ty rate, bringing the total down to $826,000. ' • Subsidies to, the Iowa City Municipal Airport will. increase by anoint $mfiki to an estimat- ed' $103,000. . Even' with budget passage, whiich the state requires by Saturday, the city still needs to fill, in. a number of funding blanks. The council must allocate $465,510 in Human Services Aid to Agencies aud'$45000 to'indi- vidual eninmlm*&. nro'ani7n. also projects a $528,000.revenue shortfall, which is expected to. be made :up by employee attri- tion and small buts thmughor}� the budget during the fisedl year. The budget represents a pro- jection and is subject'to.phang- es, especially -if the state de- cides to change tax law, 0 Malley said : "These aren't hard and fast numbers, but they're the best estimates ' we have," he- said. '- - Airport "He has been really push- ing for a business plan from Comin ss o71 lllilLLD►71 it the beginning" said Michelle Robnett, airport commis- sioner. "We will keep going, but Iin a little scared chairman because Alan brinpa;such a wealth of knowledge." resigns The business plan had an • approximate deadline of June 18. But one month past By Vanessa Miller O the deadline, Michael A. Hodges, president and CEO Iowa City Press -Citizen of-. Airport Business The chairman of the Iowa J> Solutions, said he was wait. City Airport Commission ing on historical information he submit his immediate res. before could complete ignation Monday. Alan Ellis'announcement (° the business plan Councilors had expected comes at a time when the O to discuss the business plan in Iowa City Airport is strug- W their informal meeting gling financially Monday but postponed that 'Me airport commission 'discussion because the con - is very demanding" Ellis said si ltingfirm did not submit the Tuesday. "Ittakesalotoftime complete plan to councilors _ and work I could no longer beforethescheduledmeeting. make brat commitment rm "We had one expectation sorry, but it was just • some- andtheybadadifferentone," fling that had to be done." Robnett said. "they were City officials' concern severely disappointed;- every - with the airport has grown one was. But they are work - because of rising subsidies ing their butts off to have it in recent years. In the budget ready by the next meeting." year that ended Jupe 30, Ellis said his decision to 1999; the city gave $28000 in resign was not associated financial support, for the_ air- with the recent events or the vort'sapemtlons last- airport's financial woes. bud et year, the 'Mere isalotthatgoes on linked 'sidy. �rad jii 14eas at the airport It is not $166,700, and rk is pr,{{ to a certain subject," he said to be $183,000 in the ci,rrent "I just could not provide that budget year. (commitment anymore." The airport's total' debt Robnett said she under - includes about $1.3 million. 'stands Ell&decision but will for the hangars and $1'.7 mil- miss him as the commission lion for the aviation com- continues to work with the merce park city to get the airport back Mayor Errde Lehman said on track it is not uncommon for a Vice,- chairman Baron commissioner to resign. Thrower will take over as Ellis was one of the lead- chairman until the group can ers in requesting that the City meet and vote on anew one.. CouncilpayAirportBusiness Reach Vanessa Miller at 339- Solutions more than $15,000 7360 or at vmiller@press- for abusiness p4mthat could solve some of the facility's dtizen.com. financial woes. Airport Business Page 1 of 4 Admin Login 3ARD. HIGH PERFORMANCE ING SYSTEMS FROM NEOGARD Lneoaard.com 80Q-321-6588 By Joha F. Infangn, Editorial Diced COUNCIL BLUFFS, IA — On the shores of the Missouri River, a skipping stone's throw from Omaha, lies this one-time gateway to the West. Before St. Louis earned the moniker, Council Bluffs was the original gateway, the center for railroad activity exploring the U.S. frontier. No led by the initiative of Dan Smith, the former fixed base operator, and quasi -independent airport authority, the Council Bluffs Municipal Airpc is becoming a linchpin in regional economic development. The first big step: completion of a new aviation learning center for the Iowa Wester Community College. There are still very strong ties to the railroad industry here, as evidenced by tt recent opening of the Union Pacific Railroad Museum at the restored Carnegie Library. Union Pacific, in fact, is still here as are a total of five freight railroads, two Interstates (I-80, I-29), and the Missouri River. Explains Bill Mundt, president of the Council Bluffs Chamber of Commerce, "Council Bluffs has one way to expand: east. We saw an opportunity for the airport and major connector roads to the Interstates to serve as a catalyst that could make expansion happen. The airport completes the distribution system In Council Bluffs, with rail, highway, and barge already in place. "It's a great marketing piece." Lisa SrrO h became the FM owner when bar father Dan, the previous operator, ben the fu8-time airport exechttive director http://airportbusiness.com/sefipts2/search.asp?SearchSiteLTRL=/articles/2003/ab_07-03/ab_... 8/14/2003 Airport Business rar,` ` W" The region, which boasts a population base approaching 800,000 (larger than Moines, officials point out), has been in the midst of economic development in recent years, with three casinos serving as a primary catalyst. The $74 million. 7,500-seat Mid -America Center, recently completed, houses a minor league hockey team as well as major entertainment venues. It is the center of a planr riverfront complex that is projected to bring some 1.5 million visitors annually to inject an estimated $387 million in economic activity. Comments Airport Authority vice chair William McGinn, an attorney and pilot, Council Bluffs Airport is in the right place at the right time." Mechanisms for Growth As officials here will relate, being in the right place is one thing; being in positi to take advantage of economic growth is quite another. The Council Bluffs Municipal Airport, constructed in 1967, was a tired facility that received part-ti attention from the city and had a history of questionable service. The central figure in reviving the airport, officials here agree, is Dan Smith, wh came to CBF ten years ago to operate a propeller shop as a subtenant of the existing FBO. In 1996, he acquired the operation and renamed it Advanced Air Inc. Recalls Smith, "On my first trip to the Council Bluffs Airport, I knew I was in trouble when I stopped at the convenience store for directions to the airport. T attendant assured me that Council Bluffs had no airport." To most residents, Omaha's Eppley Airfield is "the airport." In 1995, Smith conducted a survey of all aircraft owners registered within Pottawattamie County but not based at the Council Bluffs Airport. Reasons for basing here, he relates, included a lack of hangars, no precision approach, poo road access, and FBO service issues. "The problem was then outlined for me," says. "One by one I had to eliminate these concerns." The Council Bluffs Airport Commission then hired Jerry Searle, a consultant wit Snyder & Associates, based in Ankeny, IA, to update the master plan. One of t recommendations: Create an independent authority to operate and lead the airport. The city, which retains ownership through a trust, took the recommendation al transferred responsibility for the airport to the new Council Bluffs Airport Authority. It also empowered the Authority with taxing powers, a mill levy, of 1 to 27 cents on every $1,000 collected in city taxes. The current levy is 14 cent and the airport's annual operating budget is now $321,000. In the past seven years, the momentum has continued to build. The city, coun state, and federal governments have all played a role in developing the infrastructure to put the airport on the road to becoming a first-class general a business aviation reliever for the Eppley Airfield, the stated mission. Since 199 lighted taxiway and additional ramp have been constructed, and plans are underway for a new GA terminal and a 5,500-foot crosswind runway. The airpc encompasses 356 acres, 170 of which are targeted for aeronautical developme and the Authority is in the midst of a land acquisition program for an additiona 333 acres, according to officials. http://airportbusiness.com/scripts2/search.asp7SearchSiteURL=/articles/2003/ab_07-03/ab_... 8/14/2003 Airport Business 16rY .. -, In January, 1999, Smith heard that the Western Iowa Community College was closing its aviation technical program. He convinced them to reconsider and to relocate it in a new complex at Council Bluffs. In July, the $4 million IWCC Aviation Training Facility will officially open. Comments IWCC program chair El, Young, "Dan had a plan. It's like a phoenix rising from the ashes." Adveneed Air, end the Canrn ino tliw Air Face Wean ere pdrnery booms at Council Bluffs. The FRO offers daft; fusiig. tight training. aBcmft renI , wd a prop shop. It opwabs Eve aircraR incl dirg two new 177s. Potential for Profit According to Smith, "From 1967 to 1989 there were 17 Council Bluffs fixed base operators — some good, some unscrupulous." A primary reason for the turnover, he explains, was the traditiona approach to an FBO lease in which the operator had to provide an array of services, even if they weren't profitable. John Allen, who heads up the Airport Authority, concurs and says that many times airport sponsors have "unrealistic" expectations. "We wrote our FBO agreen together, and it can be adjusted anytime says Allen. The FBO agreement with Advanced Air is a rolling three-year term. The Author provided the fuel trucks and charges no rent to the FBO. The goal, say officials to guarantee in the short-term a good service provider. Smith, who officials saw as the logical person to hire full time as executive director, subsequently sold his FBO interest to daughter Lisa Smith to avoid a conflict of interest. "There needed to be a separation," he says, and the short lease term opens it to competitors to bid. According to Lisa Smith, the FBO has annual revenues of some $1 million with employees. The prop shop, flight training, and aircraft rental are the main prof centers. 0 Wanted: Technical Assistance As Iowa Western Community College prepares to move into its new airport -based facility at Council Bluffs Municipal Airport, the chair of the aviation program, Eldon Young, points out that being on the airport adds a new dimension to the program. There is now room for actual aircraft and large engine breakdown and testing practice for students to work on in the Aviation Maintenance Technology program. The most dramatic symbol of the rebirth of the Council Bluffs Municipal Airport is the new aviation curriculum center for Iowa Western Community College. It is scheduled to be ready for the fall semester. http://airportbusiness.com/scripts2/search.asp7SearchSiteURL=/articles/2003/ab_07-03/ab_... 8/14/2003 Airport Business I` -I- . -- However, like most schools, IWCC could use some help. Young is looking for actual aircraft, engines (PT-6, et. al.), testing equipment, and the like. The school currently feeds graduates to repair stations in the region, and looks to graduate up to 100 A&Ps a year. Young can be reached at (712) 325-3414 or eyoung@iwcc.edu. r y6a Ca.:i Di,— Clirlc Ner �tn%n Copyright ® 2003 All rights reserved Cygnus Interactive. a Division of Cygnus Business Media. User Agreement I Privacy Statement http://airportbusiness.com/scripts2/search.asp?SearchSiteURL=/articles/2003/ab_07-03/ab ... 8/14/2003 _�-tfuELINGiUNEIMSAFETY By James G. Welsh, Director. Landrum & Brown RETHINKING FEES - Consultant suggests many airports could benefit by using flowage fees as a catalyst Fuel is a significant source of revenue for airport operators (particularly general aviation airports) who today face increasing fiscal challenges related to airport security, environmental mitigation, capital spending needs, and rising operating costs. Arguably, many airport operators under -price their fuel flowage fees, thereby surrendering net revenues required to finance important facility enhancements. According to the American Assn nation of Airport Executives, in its 2001-2002 Rates & Charges Survey, the typical airport fuel flowage fee is about 6 cents per gallon. Flowage fees are levied on both avgm andjetAsales per gallon. Although them are a handful of airport operators in the fueling busi- ness themselves (e.g., Tucson Inter- national and Baltimore-Mattin State), airport fixed base operators include fuel flowage fees in their avgas and jet - A prices, and collect and remit fuel flowage fees to the airport operator: Many other industries are sus twined by charging little fees on large 24> elIP0 RIIBM )- august 2003 volumes (banking, telecommunica- tions, even airports). Volume- or activ- ity -based fees are widely applied by au - port operators. For example: landing fees (i.e., landed -weight volumes); concessions (i.e, passenger volumes); and in-flight catering fees (i.e., sales of prepared meals), to name a few. The key to any volume -based fee strategy is to set the fee at or just below the point at which demand remains unaffected, thereby insudinizing the revenue stream. In today's general avi- ation fuel market, consumption con- tinues to rise, particularly for jet -A, while fuel flowage fees have remained constant. Airport operators could increase fuel flowage. fees and not materially suppress general aviation fuel consumption. THE REAL STORY Six cents is just not 6 cents any- more. It seems that fuel flowage fees have always been 6 cents, plus or minus a penny here or there. Uncle Sam now collects over 18.4 cents per gallon through the Federal Motor Fuel Tax that funds federal highway projects across the nation. This feder- al aummobile gas tax has been raised periodically from its inception in 1932 at 2 cents, to 4 cents in 1965, 9 cents in 1983, 14.1 rents in 1990, and to the current 18.4 cents in 2000. Annual sur- face vehicle miles continue to grow and grow despite increases in fuel taxes. Assume for a moment that the average fuel flowage fee was 6 cents in 1985, as it is today. In real terms, those 1985 fuel flowage fees are worth about 3.5 cents today in purchasing power [eras. Reciprocally, if we inflate the 6 cents from 1985 to 2003 dollars, the real fee is just over 10 cents. The her then was on volume; the deal now should be on maximization. Speaking of volumes, the Federal Aviation Administration (FAA) esti- Stadowy and TranW able somv melong systems IU fastntt and kW vpcogn altmmtve for smw removal in onamontoo eras • panabte uniu in meet • Opemtes on diesel or uamral up to 500 tons P. how gas4m1— gos • Emvoameomlly friendly - l.wv umintenaars ants • Disp. water to sewer y,= • Save mart than 50 percent of trucking ram MCM COMIURI ION LTD. Head Office: 4049 St. Margarets Bay Rd. Hubley Nova Scotia, Canada B3Z1C2 (902) 876-0457 Fax:(902) 876-8275 E-mail: sales@trecan.com tmrm 17 n unity till mares that from 1997 to 2002, GA fuel consumption rase by nearly 7.5 per- cent each year — robust growth indeed The FAA projects GA fuel con- sumption will increase by approxi- mately 4.5 percent each year from 2003-2013 — far greater than even projected economic growth. The jet -A component of general aviation fuel consumption is leading the way with average annual growth projected at over 5 percent each year for the 2003.2013 period. The jet -A fuel consumption forecast maywell be overly conservative, insofar as the FAA does not include in its general aviation forecast the certification, production, and deployment of thousands of booked orders for "affordable" jets like the Adams A-700 and Eclipse 500. RISK FACTORS There are a number of risk factors that airport operators should consider before heeding the economic reason- ing outlined above in relation to increasing fuel flowage fees. The addresses of residences/ businesses of based -aircraft tenants in relation to competing local airports is a riskfactor assuming there are tiedown and hangar vacancies at other airports. Comparative hangar/tiedown rents —in combination with compar- ative fuel flowage fees — should also be analyzed at competing local air- ports, given that general aviation operators considered all costs, includ- ing rents and fuel flowage fees, in determining where to base their air- craft. A profile of itinerant aircraft uti- lizing the airport's FBOs provides valuable information regarding users and their sensitivity to fuel prices. A high concentration of corporate jet and envlronmenial planning solutions. (ontad *M@lmdrum-brown.com. prcraft activity suggests a customer base that is less sensitive to fuel price (but often benefits from volume dis- counts) compared to a largely leisure flying clientele (e.g., a Ciesma 182 weekend enthusiast) that is likely more sensitive to fuel price. If airport operators were to incase their average fuel flowage fee from 6 to 10 cents per gallon, between 2003 - and 2013 alone, an additional $750 million would be The key to shy volume -based fee strategy is to set the fee at or just below the point at which demand remains unaffected, thereby maximizing the revenue stream. available to finance expected security upgrades, airfield improvements, and other needed projects. A 10 cent average fuel flowage fee would increase the flowage fee share of total fuel price from about 2.5 percent to some 4 percent per gallon. Many FBOs also provide volume fuel discounts on a local and national basis. Discounts are provided presum- ably while maintaining fuel profit margins. Airport operators have not obtained the economic privilege to price to mark demand that FBOs enjoy. Airpo pnang is highly regu- lated. Alth9 gh the commercial air- line market was deregulated in 1978 with rats cr to sarong market prices and scheduling air service, airport operators remain hamstrung in pric- ing?irport facilities and services by federal Hiles and regulations designed largely to subsidize aircraft operators. In addition, most GA air- ports do not have landing fees and therefore are limited in their means to fully recover airfield and other costs. Instead, they mainly rely on rents and fuel flowage fees. THE TOUGH PART' Enter real politik. A] ough eco- or nomictheysupports. gand maximizing fuel fee revenues (even at the risk of some based-aircraft/tenant vacancies), implementation of a fee increase is almost always met with vis crrral pnjtestations from the GA com- munity. Fueling an aircraft is not like fueling a tar. Indeed, automobile fueling is a mom competitive market and anecdotes abound of drivers crossing state lines to take advantage of a penny less per gallon. Aircraft fueling is a more captive market, for sure, but airport operators are not OPEGminded; theyare cost recover), driven. With increasingly stingy state and federal giants, user will have to contribute a greater sham directly to the safe and efficient operation of their airports. Of course, there is always the landing fee remedy for general avia- tion airports. But that is cumbersome, awkward and, in itself, adds operating 1111011 70111111111 till expenses. Fuel and the economy do go hand in hand; the economics of fuel must be heeded by airport opera- tors who will be compelled to tap all possible sources of revenues to keep in the blank. 1* ,,glutmm)C AI8t0RlUM>25 Journ SUMMER 2003 Last year's show ranged from 'birds' of yesteryear to fun for today's families — a successful formula being expanded for 2003. SOUTHEAST IOWA REGIONAL AIRPORT Air Show H promises day -long excitement Plans and preparations are well under way for the second annual Burlington Regional Air Show, which is expected to attract thousands of visitors to BRL Saturday, Sept. 20. The theme will be to celebrate the 100th year of flight. "Last year's show was a great success and showed there is community interest," the Air Show Board agrees. This year, "there will be a full agenda of activities for the entire day," with times to be announced in area news media for: + A fly-in/walk-in pancake breakfast + Flag -raising ceremony, aviation parade and skydivers + Experimental Aircraft Association, Civil Air Patrol and model airplane demonstrations + Static civilian and military aircraft + Raffle of donated items A sure-fire thrill for young and old alike will be the arrival and display of World War II aircraft — those booked at press time include a B-25 Mitchell bomber and TBM Avenger dive bomber, and a C-47 cargo plane refitted as an AC-47 "Spooky" gunship of Vietnam War fame. More vintage airplanes are expected to commit during the summer. "First and foremost, this is an affordable family -oriented event to showcase aviation and our community," the Board emphasizes. "Our goal is to create more interest in aviation and provide a family day for everyone." Although the show is staged in close coordination with airport staff, the organizers are an all -volunteer, nonprofit group. Firms and individuals can support the effort and help defray costs by contributing items to the raffle or sponsoring one of the "warbird" appearances. Those interested in volunteering or contributing should call Tom Ward in Burlington, 319-753- 2989, or write the Burlington Regional Air Show Board, P.O. Box 751, Burlington, IA 52601. New tenants find airport to their liking Two new tenants have opened for business at Southeast Iowa Regional Airport — one in the terminal, another with Summer Street Road frontage. Delivery Express has offices near the Avis rental agency. The firm contracts for baggage delivery, courier delivery, and personnel transportation — and will also pick up and deliver groceries for area residents; Owner Debbie Licano had worked with American Airlines and its commuter affiliates for about four years as a home -based business, but "every year, business got a bit better" and dictated the move to available space in the BILL terminal. Drain Tainer Co. has been in a former maintenance building south of the airport's Summer Street entry since winter. Attracted to the space because it was close to his home with reasonable rent, Owner Tim Scott has since found the main -thoroughfare location "very handy, and it has good visibility. I've had several new customers just from seeing my sign." Drain Tainer does drain and sewer cleaning, sump pump servicing and some sewer repair and replacement work. Firers and individuals interested in other leasing opportunities on the airport should contact Manager Sharon Leeper, phone 319-754-1414 (fax 754-1424; e-mail director@brlair port.com). There's more to security than passenger checks . Most of our readers are commercial passen- gers who have become well -versed in the rules and procedures of airport security. But while these travelers are inspected, sequestered and guided, what of the other people on the air- field? Turns out they're closely regulated, too. "The security changes affect all the people who rent general aviation hangars and others who have business on the airfield, as well as our airline travelers," Airport Manager Sharon Leeper says. It started with renters and employees who had legitimate reasons to be inside the security fence being identified, carefully screened and investigated, somewhat similar to background checks done on people entering the military or police service. Most recently, mandatory classes covered rules for driving on the air- field, off-limits areas, manner of identification and other security -related topics. But while "security" is a word that sets some passengers to grumbling, these other airport users have a different attitude, Leeper says: "Everyone seems really positive about it. I think everyone understands the need, and we've heard no complaints." The Southeast Iowa Regional Airport Authority publishes Journey Beyond for the information of commercial and private aviation customers in southeast Iowa and west -central Illinois. Authority Board: Steve Lewis, Chair • Charles E. Walsh, Vice Chair • Gregg Mandsager, Secretary Staff. Sharon Leeper, Airport Manager We welcome all comments and suggestions to improve both regional airservice and this publication. We encourage recipients to help us keep ourmailing list (names, titles, addresses) updated. Send input to: Southeast Iowa Regional Airport- 2515 Summer Street • Burlington, IA 52601-3330 Telephone 319-754.1414 - Fax 319.754.1424 • e-mail: director@bdairportoom - Web site: www.brlairportmm Young Eagles program leaves impressive mark Airport watchers witnessed what was likely the passing of an era June 14 —but the 1,000-plus area youngsters who took part in Young Eagles Days over the past decade are happy the program existed. The Experimental Aircraft Association began staging the events, in which children ages 7-17 are offered free local airplane rides, in 1993. Supported by Burlington EAA Post 700, the national goal was to introduce 1 million young- sters to aviation before the 100th anniversary of the Wright Brothers' first powered flight in 1903. This year, spokesman Joe Neubel said, nine EAA-member pilots from the area took 147 "Young Eagles" aloft. The typical flight gave the youngsters a bird's-eye view of Burlington, West Burlington, the countryside and Mississippi River as far north as Lock and Dam 18 before returning to Southeast Iowa Regional Airport. Noting that the original specific goal has almost surely been met (nationally, more than 900,000 took part in nine years), Neubel indi- cated the program has ran its course: "I can't say for sure, but that's [probably true] unless they find some reason to continue it." Authority seeks development grant The Southeast Iowa Regional Airport Authority has applied for a federal grant which board mem- bers and staff hope will foster better commercial air service for BRL. Two primary goals, according to Manager Sharon Leeper, are "the return of a fourth daily flight" which American Connection dropped last winter, "and possible expansion of service to include another carrier or an alternate destination" in addition to St. Louis. The grant would require local matching funds. Grow Greater Burlington, Inc., a private nonprofit development organization, quickly promised thousands of dollars in hopes of helping to stimulate the area's soft economy; requests for financial pledges from local government entities were pending at newsletter press time. Final taxiway replacement work set to begin At about the time this issue of Journey Beyond reaches your hands, the Airport Authority will be expecting the return of heavy construction equipment to BRL — this time for the final phase of our three-year project to replace the main north -south taxiway. With a low Phase III bid of about $1.9 million — 90% paid from the federal Airport Improve- ment Program — Cedar Valley Corp. will extend the new taxiway south from the end of last year's Phase II work (a point pilots know as "Connector Bravo') to the south end of Runway 18/36. The Waterloo firm, which has won state and national awards for excellence in concrete paving, will also install new connectors and remove the old taxiway. Getting Phase III under way means the Authority will win a nip -and -tuck race with the old taxiway's failing concrete — a surface too badly deteriorated to be used as the base for a new overlay. Discovered during engineering tests in 2000, that apparent setback had a silver lining: more land for future airport development. Following new federal safety regulations, the new taxiway is 100 yards closer to the runway than the old one, adding about 25 acres which the Authority can market for new construction or sale south of the general aviation hangars. Working from north to south, the Authority awarded the Phase I contract in late 2000 and work began the next summer; Phase II work came primarily in 2002.Overall project costs will total about $7.2 million, with the lion's share paid from federal AT funds. Q m N� p jQ�� Z b FORPZ w az•€ a j rr m Da m cr)_ r �N.: O J •: S w a tm C z g 3 %`a OP VOtoo. ., m� " 3tYd= �E � � O y N ;. 6 N {f y qha' is o regular Journey Beyond column about the people working in and around your mgional airport) Marco Tapia Marco Tapia, the new head oithe Transportation Security Agency's small team at Southeast Iowa Regional Airport, has lived here only since early June — but already he feels at home. In, fact, he and his wife agree that `Burlington reminds us a lot of the little town we lived in near Fort Benning," the Army post in Georgia where Marco served until last year. Tapia had planned on a career as an Infantry soldier. "Since I was young," Tapia says, "I wanted to give something back to this country." Then, an accident forced him into medical retirement —but Uncle Sam's creation of TSA "gave me another opportunity to give back to our nation." He has been with the agency since its infancy, joining in September 2002 and first being stationed at the Moline-ttirport. When the chance for a transfer to BRL arose, Tapia was so eager to accept that he commuted from the Quad Cities for four months. Now, it's a more normal schedule for him and his family — the Tapias have three children, the oldest entering kinder- garten this fall — and they're happy to call Burlington home. -`bWAA IOWA PUBUCAIRPORTS ASSOCIATION Volume Vlll No. 3 IPAA AirWaves 4536 114th Street Urbandale, IA 50322 www.lowaAlrports.org Airwaves is published as an informational tool for ali public airports in the State of Iowa. It is directed to all airport decision makers including airport management, state4ocal government leaders and airport businesses. We welcome your comments, thoughts and suggestions on how we may serve you better. Glenn Jarnuka , President (SUX) SIwneVandevoort,Vice President (PEA) Mike Salamone, SecJTreas. (DSM) Karen Connell, Past President (IIB) Annual dues are $200 for CAS airports and Associate members, S100for Category II airports, and S50 for all other airports. Please send annual dues to the above address. Anyone interested in advertising in Airwaves should contact IPAA Office: 5151727-0648. AlffrWaves A publication of The Iowa Public Airports Association Summer 2003 A Letter From The President BY GLENN JANUSKA (SIOUX CITY) On June 24th I had an opportunity to attend the Iowa Aviation Advisory Council meeting in Ames during the day, and returned to Sioux City for an Iowa Transportation Commission focus group session in the evening. It was a Ion? day, but an interesting one. The focus group meeting was divided into two parts. In the first part, the Invited" focus group members, representing various modes of trans ortation (from providers to users, were asked questions dealing with transportation as an economic tool, as a quality of life driver, etc. After that part of the meeting, the meeting was opened up to comments from the general public. Here is the thing that concerned me. Initially the focus groups were looking -only at roads, and aviation was eventually included, but apparently not easily, and not in enough time to have an aviation Presence for the first focus group In Sioux City. So I attended, and listened, and came to the conclusion, which I will state as my opinion, that even in the discussion, aviation was not very integral. My comments during the public comment portion focused on the fact that yes, the state has a very important role in aviation, commercial air carrier airports, small general aviation airports, and corporate transport types. This is an industry which supports and sustains 10,000 jobs and has an annual $834 million economic impact, yet the State fails to appropriate anything close to what is taken in in aviation user fees. It is important that we continue to attend these types of meetings, re-emphasize our message, particularly if we are going to have success next legislative session increasing the State aviation appropriation. There will be focus gsm oup sessions upcoing in Davenport September 9th, Charles City September 23rd, Mount Pleasant September 30th, Cedar Rapids October 7th, and Des Moines October 21st. On a completely different note, it was ggood seeing so many people at the 20th Annual FAA Central Region Airports Conference this past June in Kansas City. IPAA held a general membership meeting June 3rd where more then 50 people attended. Discussion items included: the 2003 IAC and IPAA budgets, membership, a legislative update, a discussion on GA entitlements, information on the 2003 Aviation Conference, a progress report on the creation of a statewide airport insurance program, an IDOT update, and an update on TSA activities by the TSA. A couple final notes. If you haven't returned your 2003 membership dues, please do so soon. If you have a topic for a futureAirWaves issue, let me know. If you are interested in serving on the IPAA Board next year, contact Karen Connell, Nominating Chair at (319) 334- 4000. Plan on attending the Iowa Aviation Conference October 16th and 17th at the West Des Moines Marriott. Not only is a great conference and program planned, but IPAA will be holding its annual membership meeting where Officers and Board members will be elected, and where changes to the IPAA bylaws will be discussed. See you in West Des Moines in October. Airwaves Summer 2003 An Introduction to Airports By Brian Rath, project manager and airport engineer, Kirkham Michael Consulting Engineers o you remember what it was like when you first got involved with your local airport? Even after being a pilot for 15 years, did everything seem to be in Greek? On the other hand, maybe you are a new airport commissioner, city council person, or just need a refresher. Never fear, help is on the way. One of the sessions at this fall's Iowa Aviation Conference is going to be Airport 101. Although this topic could be a semester -long course, this session is being tailored to provide general information for anyone from a new airport manager to your economic development director. This will be a chance to update those of us who are familiar with airports while reaching out and teaching our current and future leaders, as well as the public. Not surprisingly, the majority of responses to an unofficial survey indicated that grants and funding are the biggest areas people need help on. Luckily, this will be covered in more detail as part of another session but an overview will be provided in Airport 101. Other topics to be covered in Airport 101 will include consultant selection, construction bidding, open meeting laws, and the various options for managing and governing an airport. For example, did you know that the state does not have a consultant selection process but they ige use of the process, which is on qualifications not cost? Or Idid you know hat an airport authority can levy a tax to operate an airport? Another subject will be communication. We II hear from om of our peers about what has worked and hasn't worked at their airport For example, and this has happened at more than one airport, it usually doesn't work (especially in the current economic turmoiD to ask the city for money today to construct a hangar tomorrow when the money isn't in the airport's budget Alternatively, if the airport only shows up in front of the council when they need money, the, necessary-. ..- relationships probably aren't in place to obtain effective support for the airport An overview of airport planning documents and the importance of keeping them up to date will also be covered. Did you know that your airport is not eligible for state or federal funding without a current ALP? You ask what is an ALP (Airport Layout Plan)? Attend the Iowa Aviation Conference on October 16 and 17 and you will find the answer . to this and all of your airport related questions. Meanwhile, 9 you have any suggestions for this particular session, please contact Brian Rath at 515-270- 0848 or brath@kirkham.com. Brian is a project manager and airport engineer with Kirkham Michael Consulting Engineers in Urbandale,_a civil engineering firm specializing in airport design and planning as well as municipal, transportation, structural, land development, survey, and construction services. Rath has spent the last eight years assisting Iowa's airports with funding applications, grant compliance, design, and plannir ...._._.. _._.... ..... _...._ ... i " s pr=s ' srr3Ft I.r P) raj; jij6lf�k, fiNs eTrsletur } b t1_�.ollewutgs�impetue { pjy' b�`.. Snyder & Associates, Inc. 501 S.W. Orelabor Road El Ankeny, Iowa 60021 515.964.2020 j%ewte@snyderassociates.com Airport Planning, Design, Management, Environmental Services Jerald L. Searle @ Harry Miller i Alan Wimpey Cedar Rapids Ankeny Atlantic St, Joseph & Maryville, MO. Summer 2003 "General Aviation: One Airport's Story" en years ago when on my first trip to the Council Bluffs Airport, I knew I was in big trouble when I stopped at a convenience store for directions to the airport and the attendant assured me that Council Bluffs had no airport The Council Bluffs Airport was built at its present location in 1967. At that time the City Parks and Recreation Director also served as Airport Manager. He was responsi- ble for selecting and leasing the facilities to a Fixed -Based Operator. From 1967-1989 there were 17 Fixed -Based Operators. Our suc- cess today is in large part due to the current FBO,Advanced Air, Inc. In 1995,1 did a survey of all aircraft owners registered in Pottawattamie County.The ques- tion asked,"Why have you not based your aircraft at the Council Bluffs Airport?" The common answers were lack of large hangars, no precision approach, poor road access and problems with previous Fixed -Based Operators.The prob- lems were then outlined for me. Our plan of action called for reconstructing our grass runway to a concrete runway 5500 feet in length, a full-length parallel taxiway, a precision approach, more hangars and an access road from Interstate 80.An environmental study was ,qviatr'ox Smicr✓ Cror9 done and a cost -benefit analysis reflecting a positive cost benefit to the community with the airport as an economic drive engine. Over time, all of these improvements have been made. In 1999 our local community college was considering discontinu- ing the Aviation Technologies part of their curriculum. On visiting with the Iowa Western Community College Board of Directors in January 1999,1 explained the need for continuing the program and pleaded for them not to end it Instead, we asked if the program could be moved to the Council Bluffs Airport Eventually, the Board agreed and we decided to pursue grant money to build a world -class facility. Today a $4 million Aviation Training Complex is nearing com- pletion. Funding for an access road to the new IWCC Aviation Training Facility was provided by institution road money and funding for a taxi- way, connecting the aviation training facility to the ramp and runway, was provided by the Iowa Department of Transportation Aviation Office. The FBO has been able to attract the University of Omaha as a provider for flight training.This makes Council Bluffs the first stop on a career in aviation as a pilot or Cedar Rapids Qeston on Vlohes lowo Clry St. Pets Brow rase "Your local airport engineer." Toll Free -800-728-7805 w w w. h r 8 r e e n. c o m We help ora clients capitoi on opportunities and M&IRTYze Babl9ties. AirWaves mechanic. In conclusion, it takes a lot of time to establish trust with the community and elected officials. Educating the public on the benefits of our airport is a never-ending effort.To achieve this we have implemented school tours, Scout programs, started a high school aviation science curriculum, given speeches to civic organizations and sponsored nursing home picnics at the airportYearly, I travel to Washington, D.C. to meet with our elected officials to keep expansion projects alive and on the front burner. The Council Bluffs Airport has come a long way over the last ten years and the future looks promising. By Danny Smith, Executive Director, Council Bluffs Airport CBAirportaol.com KKM(HAM AM CONSULTING ENGINEERS Des Moines, IA (515) 27"848 Cedar Falls, IA (319) 266-6451 Omaha, NE (402)-93-5630 www.kirkham.com Airport Planning, Design, and Construcflon Services Eric W. Johnson. ewj®kirkham.com Brian L. Rath, P.H. blr@kmiowa.com IPAAAirWaves 4536 1 14th Street Urbandale, IA 50322 till uIIIIuIIIIIuI111u1111911u1u11w111111111uHtill ***********AUTO**MIXED AADC 500 RONALD O`NEIL MGR IOWA CITY MUNICIPAL AIRPORT 1801 S RIVERSIDE OR IOWA CITY IA 52245-5733 nounwnr vaoayn ancna rma W&Wsoulol sad sad jt ul EOOZ'L I — 91 Jaq=o — aauaJa;uo: iiolulA`d E00� at z Jo; sn 2ulwol uo uuld pue ,(Epoz xopualEo'.In:n '06Z6-8ZZ/008 2uilin Aq 68$ XWO 10 azEJ IEnads aqz iE paAJasaJ aq un zzolJJEw sauloW saa zsaM aqz zE swooa JO'S;JO JIEEMOI ;E Bull-uo awoup uoa eqj Jo; Ja;sl2ov •saapuq= pE oz zsaJazul;o suolsses jBuopumpo snomunu'snld + •9ou8J9luo3 agi;o s-4g2gg2lq agz;o ouo aq oz peawenng •alsnw puE Apowoa 2ulsn mulwas /49ps E 2u1p1Ao.td aq 111M suoponpoJd lanaj puE zg2lv4S + PRESORTED STANDARD US POSTAGE PAID DES MOINES, IA PERMIT# 2934 -jouoq sly u1 „plaid hC3 pn8 lauolo:)„ oz 3jod qu gayz pa3Ea1pap /2IJ xno1S 'ZOOZ ul „Giuno:) JouoFl And„ puE „J0u0H tp1MuJnzad,,1sjooq ontz;o JogznV •wEuzalA ul Jumjo Jauosud E sE sgzuout L9 zu�a� :;H �a:)Wo pa-mooap Alg214 zsow s,a:) puE EAtol 5(zl:) xnol4;o anpm E 1Xv(3 I •sollillow s,,(Epoz awooaq uEm sweaJp sA1BpJ8zs8.( Moq pE sn 2uimogS -2g2uM9p1AJ0 sE a:)uadS wlj + (o11od ,Ci1JmaS uopEZJodsuEJl;o 9:3910 s`dSI Jo) SBA13E141U1 UOIZEIAV)o J0378J14'u031lwuH wud + AN aria ra ��� W614 I'mv mpnpul simioadS nsong lopods saneMJlbr jg2i1=j 10 u aA001 a4E.i991a7 olpa3inul aadanoA <REVISED> IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, SEPTEMBER 11, 2003 - 5:45 P.M. I. Determine Quorum II. Changes/Amendments to Minutes of the July 15 and August 14, 2003 meetings III. Payment of Expenditures IV. Public Discussion — Items Not on Agenda V. Unfinished Items for Discussion/Action: VI. Items for Discussion/Action: a. Aviation Commerce Park (ACP) — 1. Iowa Realty i. Prospects/activity report ii. Marketing plan/expenditures review iii. Site improvement recommendations b. Hangar#32lease c. Obstruction mitigation project (consultant -Stanley Engineering) d. Environmental Assessment (consultant-H.R. Green Co.) e. T-hangar leases f. ABS Contract Management Process Review - Planning Approach g. Runway 07 project — consultant selection process i. Timeline ii. Selection process iii. Selection criteria VI. Chairperson's Report VII. Commission Members' Reports VIII. Administrative Report i. , IX. Set Next Regular Meeting for October 9, 2003 at 5:45 p.m. X. Adjournment eirpodVc gd.dw 01 IOWAI New Amerha latematiaml September 11, 2003 Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, Iowa 52246 Re: Aviation Commerce Park ("ACP"), Ruppert Road, Iowa City, Iowa Dear Gentlemen: 31939-M7 31-3m` AFar wvwlvn'acvmma'ZdL 166Fi*t A mug NE S,am 115 CedrRapidx lA 5WI W Peopla SQUaM Waterloo, LA SU03 M8 h* 1 wen Iowa cy, W 9246 It is my understanding that the Commission has asked for information regarding standard marketing expenditures of NAI Iowa Realty Commercial on typical commercial Projects and how that compares to the expenditures on the above -referenced project. As no two commercial assignments are the same, it is difficult to categorize the marketing of a project as typical or standard. Thus there is no set or standard marketing budget protocol. Each project has its own set of variables; those variables dictate the amount of time and marketing expense that will be required for the project. Due to the nature of the Airport project, we knew from the beginning that it would have some unique requirements and an extended marketing timeframe. I suggested, at one of our initial meetings, that we would have expenditures of at least $5,000.00 or more invested in this project Upon negotiating the Listing Agreement we asked that the $5,000.00 amount be used in the Agreement as an early termination fee. As was presented last month, we have invested well over $20,000.00 of our time and expense in the Airport assignment We knew this was going to be a long-term project that would require this type of investment. We believe very strongly in this project and remain committed to its success. We believe NAI Iowa Realty Commercial remains your hest choice to effectively sell Aviation Commerce Park land. AtA' AL COMMERCIAL SIOR Tracy IC�Overton Regional Director In ove, 200 noes anoss: The United Sues MGXkO (;0nada So, a America Curve Id•nnava ceurFll j7] WONIOUAL KfiN[�fts1aP5 ® .(�(� a e �,, Ncj 9S7 I+MPPM �� AVIATION COMMERCE PARK NAI IOWA REALTY COMMERCIAL Status Report By Tracy K. Overton, 319-354-0989 September, 2003 Executive Summary: I have received a couple of requests for information this month and have had several other inquiries. It seems that commercial activity is starting to pickup as we are seeing more and more interest from commercial users and investors that want to take action before the interest rates move upward. We had a prospect interested in a 5 acres tract; upon touring the property they decided the area was to industrial for their intended use. They indicated they would not rule out the site but wanted to pursue other options at this time. Administrative Issues: New Issues Old Issues 1. I feel we should check into the feasibility/cost of installing the access -way from ACP to the actual airport taxiways. This will be important if an Aviation related company should have an interest. Marketing Issues: Prospects No strong prospects at this time. CHAPTER 2. PROCEDURES FOR SELECTION OF CONSULTANTS 2-1. GENERAL. The procedures included in this chapter are provided as a guide for sponsors in selecting consultants for work under Federal airport grant programs. Adherence to these procedures will assure a sponsor of compliance with the requirements of 49 CFR 18, Section 18.36 and Section 511, paragraph (a)(16) of the Airport and Airway Improvement Act (AAIA) of 1982, as amended. a. 49 CFR 18. 49 CFR Section 18.36(t).requires that grantees and subgrantees extend the use of qualifications -based (e.g., architectural and engineering services) contract selection procedures to certain other related areas and award such contracts in the same manner as Federal contracts for architectural and engineering services are negotiated under Title IX of the Federal Property and Administrative Services Act of 1949, or equivalent State or sponsor qualifications -based requirements. b. Airport and Airway Improvement Act. Section 511, paragraph (a)(16) of the AAIA states: "Each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design engineering, surveying, mapping, or related services with respect to the project will be awarded in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property Administrative Services Act of 1949, or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport." In addition to the services described in Section 511, the professional and incidental services listed in paragraph 6a(3), DEFINITIONS, must also be procured using qualifications -based procedures. If a conflict exists between 49 CFR Section 18.36 and the enabling legislation (AAIA), the enabling legislation will prevail. c. Title IX. Title 1X, more commonly referred to as the "Brooks Act' requires that qualifications -based selection procedures be used for the selection of firms to perform architectural and engineering services. Qualifications -based procedures require that a contract for architect/engineering services be awarded pursuant to a fair and open selection process based on the qualifications of the firms. The fees for such services are established following selection of a firm through a negotiation process to determine a fair and reasonable price. 2-2. OBJECTIVE a. The selection of consultants should be made on the basis of fair negotiations and equitable fees and through selection procedures that are professionally acceptable, ensure maximum open and free competition, and avoid any suggestion of unfair or unethical conduct. b. Consultants employed for work on projects involving airport grants should be responsible and possess the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration should be given to such matters as integrity, record of past performance, extent of experience with the type of services required by the sponsor, technical resources, and accessibility to other necessary resources. 2-3. QUALIFICATIONS -BASED SELECTION PROCEDURES. Consultants must be engaged on the basis of their qualifications and experience, with fees determined through negotiations following selection. This can be accomplished by means of qualifications -based selection procedures, whereby statements of qualifications are requested from a number of sources. The qualifications of consultants responding are evaluated, and the best qualified is selected, subject to a mutual understanding of the scope of services and negotiation of a fair and reasonable fee. 2-4. OTHER SERVICES. a. Where services are to be performed in conjunction with the architectural or engineering (A/E) services, they should be contracted for in the course of procuring the A/E services. b. Where services such as feasibility studies, construction management, program management and other services as defined in paragraphs 6a(2), 6a(3), and 6b, DEFINITIONS are to be performed, but are not included in the basic A/E services, they should be procured using qualifications -based procedures. c. Where services are to be performed that are not in conjunction with A/E services and do not require performance by a registered architect or engineer, the services should be acquired using local procurement procedures. An example of this type of special service would be soil borings, whereby the boring layout plan and interpretations of tests are not performed by the boring contractor. Soil borings conducted as part of a geotechnical engineering investigation, or for which an independent engineer is responsible, should be procured either in the course of procuring A/E services or by using qualifications -based procedures. d. Where services are to be performed in assisting the FAA in preparing an Environmental Impact Statement (EIS), they should be procured using qualifications -based procedures. 2-5. SELECTING ORGANIZATION. a. Within the sponsor's organization, an administrative policy should be established for designating persons authorized to select or recommend consultants for various assignments. The persons designated may include the administrator or the department head to be supplemented by others making up a selection board. The persons empowered to make the selection must be kept free of pressures, both internal and external. b. The usual procedure for selecting consultants is to use a selection board of at least three persons, one of whom should be an engineer, airport planner, or other professional knowledgeable of the service required. For projects that have special design requirements or are particularly complex, the selection board should have additional technical members. The board should be prepared to evaluate potential consultants, i.e., conduct interviews and inquiries as desired and make recommendations. Based upon the recommendations of the board, the administrator or the governing body should make the final selection of the consultant(s). 2-6. POLICY FOR SELECTION. The selection of consultants should be based on a comparative analysis of the professional qualifications necessary for satisfactory performance of the service required. Moreover, the selection process should satisfy requirements for open and free competition. Sponsors may procure a consultant for several grant projects through one procurement action provided the following conditions are met. a. The consultant is selected using the qualifications -based selection procedures described in paragraph 2-8. b. All parties competing for the work are advised that the work will be accomplished over the course of several grant projects. The expected schedule of projects must be defined, together with the scope of work and the required services. The scope of work should be described in sufficient detail so that all parties are adequately informed of the items to be accomplished. c. All parties are advised that some of the services may not be required and that the sponsor reserves the right to initiate additional procurement action for any of the services included in the initial procurement. d. The services are limited to those projects which are expected to be initiated within 5 years of the date the contract is signed by the consultant. e. The fee is limited to the services to be performed under the initial grant. The contract shall be limited to the services covered by the fee. f. The negotiation of the fee for subsequent services, i.e., those included in the procurement action but not in the initial contract, shall occur at the time those services are needed. A cost analysis must be performed for each of these negotiations. (See paragraph 2-11 for information on cost analysis.) If a price cannot be agreed upon between the sponsor and the selected fum, negotiations are formally terminated and a new procurement action is then initiated. 2-7. SELECTION CRITERIA. Prior to evaluating consultants, it is recommended that the sponsor's organization develop an agreed -upon list of criteria to be used in evaluating potential consultants. Numerical rating factors (ranges) should be assigned to each criterion on the basis of the sponsor's priorities and conception of the importance of each factor in the attainment of a successful project. Suggested criteria include, but are not limited to, the following: a. Capability to perform all or most aspects of the project, such as planning, environmental evaluations, financial analysis, architectural design, and mechanical, electrical, and civil engineering. b. Recent experience in airport projects comparable to the proposed project. c. Reputation for personal and professional integrity and competence. d. Evidence that consultant has established and implemented an Affirmative Action Program. e. Key personnels professional background and caliber and availability for the proposed project. f. Current workload. g. Recent experience in special areas associated with the project such as energy conservation and life -cycle costing. b. Capability to conduct a value engineering study for projects that are particularly complex or have unique features. It is recommended that value engineering be one of the criterion for large, complex projects, such as terminal buildings, where the estimated cost is $1 million or more. The savings that result from a value engineering study as a rule are 3 to 5 percent of construction costs. On the other hand, the cost of a value engineering study is approximately 0.2 to 0.4 percent of construction costs. L Demonstrated ability to meet schedules or deadlines. j. Capability to complete projects without having major cost escalations or overruns. k. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 1. Quality of projects previously undertaken. m. Familiarity with and proximity to the geographic location of the project. n. Knowledge of FAA regulations, policies, and procedures. o. Capability of a branch office which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. p. Demonstrate an understanding of the projects potential problems and the sponsor's special concerns. q. Degree of interest shown in undertaking the project. r. Capability to incorporate and blend aesthetic and architectural concepts with the project design while accomplishing the basic requirements that transportation facilities be functional, safe, and efficient. s. Capability to furnish qualified inspectors for construction inspection. 2-8. SELECTION PROCEDURES. The following selection procedures are recommended for projects involving Federal airport grants: An equivalent State or sponsor qualifications -based requirement may be used. a. The selection board should review the nature of the proposed project and the general scope of services to be procured in order to ensure an understanding of the project requirements and the qualifications needed by the consultant. b. The board should develop the selection criteria and the evaluation system to be used in preparing a preselection list of consultants who are best qualified for the project and in determining the final selection. c. To obtain experience and qualification data from potentially qualified consultants and to ensure the broadest publicity concerning the sponsor interest in obtaining consultant services, public announcements for all projects should be advertised in local newspapers with a wide circulation and national trade journals and magazines. The public announcement should include such information as a description of the proposed project and its location, a description of the services to be procured, and the estimated construction cost. The announcement should also invite consultants to submit their experience and qualification data relating to the proposed project. The request for qualifications may not contain a request for any type of pricing data, including workhours. d. Sponsors may also send the public announcements directly to known, potentially qualified consultants to determine their interest in the project and to request their experience and qualification data. e. Affirmative steps should be taken to assure that small and minority firms are used whenever possible. These steps should include, but not be limited to, the following: (1) Include qualified small business and minority firms on solicitation lists. (2) Assure that small business and minority firms are solicited whenever they are potential sources. (3) Divide the total requirements into small tasks, when economically feasible, to permit maximum small business and minority firm participation. (4) Use the services and assistance of the Small Business Administration and the Disadvantaged Business Enterprise Agency of the Department of Commerce. f. There are many sources from which the names of consultants can be obtained. These include: the Membership Directory of the Airport Consultants Council; the Professional Services Directory of the Civil Engineering Magazine, published by the American Society of Civil Engineers (ASCE); Directory of Engineers in Private Practice, published by the National Society of Professional Engineers (NSPE); directory from the American Institute of Architects (AIA); the directory of the American Consulting Engineers Council (ACEC); professional services directories published in aviation magazines and trade journals; other airport operators having undertaken similar projects; State boards of professional engineering registration; State aviation agencies; and local classified telephone directories. FAA Airports field offices may also famish the names of consultants who have engaged in projects of similar nature in their areas of jurisdiction. However, FAA personnel will not recommend consultants or participate in the selection process. The address of regional Airports Divisions and Airports District/Field Offices having jurisdiction over specific geographic areas are listed in the current edition of AC 150/5000-3, Address List of Region Airports Divisions and Airports District/Field Offices. g. From the experience and qualification data obtained from consultants, the selection board should prepare a preselection list of the best qualified consultants for further consideration. The list should consist of at least three consultants but preferably no more than five. IL At this point, consultants who expressed an interest in the project but were not included on the preselection list should be notified that they were unsuccessful. i. Detailed information on the qualifications and performance data of each of the consultants on the preselection list should be obtained. This can be achieved by contacting former clients to ascertain the quality of work, ability to meet schedules, cost control, and consultant -client relationship. j. At this point, the scope of work and the services desired should be provided to each firm. The selection criteria, including their relative importance, that will be used to evaluate the proposals shall also be made available to each of the firms on the preselection list. The selection board should then obtain a general project proposal from each of the firms on the preselection list The request for proposals may not contain a request for any cost information, such as total cost, cost per hour, workhours, or other pricing data. Requests for cost or pricing information, prior to discussions with the best qualified firm, to define the scope of services is contrary to Section 511(a)(16) of the ARIA and 49 CFR 18.36(t.) The general project proposal will help the selection board recommend a consultant who can achieve design excellence, while successfully controlling time and costs, and who has the ability to understand and accomplish the specialized requirements of the project The elements of a typical general project proposal should include the following: (1) Team members, other key personnel, previous experience, and the role they will fill on the project. The qualifications and time commitment of the project manager proposed for the project. (2) Current workload. (3) Proposed project schedule, including major tasks and target completion dates. (4) Technical approach --a brief discussion of the tasks or steps that the consultant will undertake to accomplish the work described in the scope of work. (5) Value engineering --when a value engineering study is included in the selection criteria, a brief discussion of the consultant's capability, training, and experience to undertake such a study. k. Conduct interviews with each consultant on the preselection list. A telephone interview may be sufficient, however, a visit to the consultant's office to obtain a better idea of their capabilities is suggested whenever practical. 1. Review the experience and qualification data, the general project proposal, the interview results, and other relevant data. Using the selection criteria developed for the project, rank the qualified consultants in order of preference. m. Initiate discussions with the consultant ranked number one to fully define the scope of work and services to be provided (see paragraph 2-10). After agreement on a detailed scope of services has been reached, the consultant should submit their cost proposal together with a detailed project proposal. Negotiations should then be conducted to reach a fair and reasonable cost, subject to the procedures indicated in paragraphs 2-11 and 2-12. n. Prepare a report recommending the consultant selected. The report should contain sufficient detail to indicate the extent of the review and the considerations used for the recommendations. o. The report should be forwarded to the sponsor's administrator or governing body authorized to review the recommendations of the selection board. The recommendations of the selection board should normally be accepted unless the report does not adequately support the recommendations. This will help to ensure complete fairness and open competition. If the recommendations are not accepted, the selection board should be reconvened until acceptable recommendations have been agreed on. 2-9. ALTERNATE SELECTION PROCEDURES. a. Proposals Requested With Qualification Data. The selection procedure recommended in paragraph 2-8 should normally be followed in the procurement of consulting services. However, for small projects where the scope of work and services can be clearly defined or the sponsor anticipates receipt of less than four proposals, the sponsor may wish to solicit proposals at the time of advertising for experience and qualification data. In this case, the announcement must contain a detailed scope of services and indicate where the selection criteria can be obtained. The advertisement cannot request pricing information. The procedures as detailed in paragraph 2-8 must be followed, with modifications where necessary. b. Informal Procedures. Informal qualifications -based procedures may be used for procurements where the cost is estimated to be under $25,000. Under this procedure, a sponsor should call at least three firms and discuss their qualifications to perform the work. Negotiations should then be conducted with the best qualified firm to arrive at a cost. These negotiations may be conducted via telephone. Sponsors should consult with FAA Airports personnel before using these alternatives to assure that the circumstances justify their use. After selection, using this procedure, the sponsor must submit a statement to the FAA explaining the basis used to determine reasonableness of cost. This may include: (1) sponsor cost estimate. (2) reasonable in comparison with previous contract of a similar nature. (3) reasonable based on previous business experience. 2-10. SELECTION PROCEDURES FOR ENVIRONMENTAL IMPACT STATEMENT (EIS) PREPARATION. The procurement of consultant services to assist the FAA in preparing an EIS is somewhat unique because the regulations implementing the National Environmental Policy Act (NEPA) of 1969, (42 U.S.C. 4321 et seq.), require Federal agencies to prepare the EIS or select the contractor that prepares the HIS. Selection of a consultant shall, therefore, be made by the FAA from a preselected list of qualified consultants submitted by the sponsor. The sponsor and the FAA shall follow the selection procedures recommended in paragraph 2-8 with the following exceptions: a. The proposed scope of work is to be provided by the FAA. b. The FAA shall concur with the selection and evaluation criteria prepared by the sponsor. c. The FAA will be invited to participate with the sponsor in the interviews with consultants on the preselection list. d. The sponsor may indicate to the FAA their ranking of the consultants on the preselection list after the interview process has been concluded. The FAA, however, is under no obligation to make a selection based on this ranking. e. Using the previously Sponsor/FAA agreed upon selection and evaluation criteria, the FAA will independently evaluate and rank the consultants on the preselection list in order of preference, based on qualifications. f. The FAA shall advise the Sponsor the FAA's ranking in order of preference, and the Sponsor shall advise and initiate discussions with the consultant ranked number one. g. The FAA's involvement in the negotiation of the project cost shall be limited to making a reasonableness determination once a satisfactory cost proposal has been reached between the Sponsor and the consultant. h. The FAA shall prepare a selection report for its records. 2-11. SCOPE OF SERVICES. a. An important step in the negotiation process is to reach a complete and mutual understanding of the scope of services to be provided. The general scope of services developed during initiation of the procurement process is of necessity too broad to serve as the basis for a contractual agreement. A detailed scope of services must be developed at a meeting between the sponsor and the first -ranked consultant prior to the start of negotiations. The sponsofs engineer or independent consultant (see paragraph 2-12b) should attend the meeting so they will have a complete understanding of the scope of work prior to developing a detailed cost estimate. Such a meeting offers the opportunity for refinement, amendment, and complete definition of the services to be rendered. b. The scope of services shall be sufficiently detailed so that the consultant can make a reasonable cost estimate. The following items are typical of those that should be considered while developing the scope of services: (1) list of meetings the consultant is expected to attend (2) design schedule consultant should be notified. Negotiations should then be initiated with the consultant given second preference by the selection board. This procedure should be continued with recommended consultants in the sequence of ranking established by the selection board until a mutually satisfactory contract has been negotiated. Once negotiations have been terminated with a firm and begun with another, they cannot be reopened with the former firm. e. A record of negotiations shall be prepared by the sponsor and included in a contract file. This record shall contain sufficient detail to reflect any changes in the scope of work controlling the establishment of the cost and other terms of the contract. An explanation shall be provided for any significant differences between the sponsor's original estimate and the cost finally agreed upon. A sample Record of Negotiations is contained in Appendix 5. The scope of work, draft contract, sponsor's independent cost estimate, consultants cost proposal with any revisions, and detailed cost analysis shall be attached to the report. f. Upon completion of successful negotiations, all consultants interviewed by the selection board should be informed of the consultant selected for the project. g. FAA personnel will not be present and will not participate in the negotiation process. The FAA's role is to make a judgement on the reasonableness of the compensation for the services to be furnished and to ensure that all services required for a particular project have been included in the proposal. h. The record of negotiations and all attachments shall be submitted to the FAA for a reasonableness of cost determination. 2-14. SPONSOR -FORCE ACCOUNT PROJECTS. Just as steps are taken in the selection process to assure that consultant services under contract will be acceptable, timely, and financially prudent, so should steps be taken to assure that the same services to be done by force account also meet such aims. Accordingly, the FAA requires that proposals for these types of services by force account be submitted in writing and that FAA approval be obtained prior to the start of any of the work. The proposal should include as a minimum: a. Names and engineering qualifications of personnel performing the work and their capabilities for design, supervision, planning, inspection, testing, etc., as applicable. b. Details of experience with airport projects of like or similar nature. c. Detailed scope of work. d. Information on workload as it may affect capacity to do the work within a required timefiame or work schedule. c. Justification for doing the work by force account rather than by contract. f. A complete cost breakdown showing (1) the number of work hours and cost per hour for each category of labor, (2) a list of nonsalary costs such as travel, materials, supplies, equipment, etc. A limit on the total cost should be specified in the proposal.'