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HomeMy WebLinkAbout07-15-2004 Airport Commission ►-t Lo P `' IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, JULY 15, 2004 — 5:45 P.M. Determine Quorum II. Changes/Amendments to Minutes of June 10, 2004, meeting III. Review 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) Prospects/activity report— Iowa Realty ii. Other issues b. Runway 07 project - Earth Tech Earth Tech contract ii. Larson development proposal c. Environmental Assessment - H.R. Green Co d. United hangar lease e. Obstruction mitigation—Stanley Consultants f Strategic Plan Marketing ii. Airport governance iii. Other issues g. National Guard lease h. Airport fly-in breakfast—August 29, 2004 VII. Chairperson's Report VIII. Commission Members' Reports IX. Administrative Report X. Set Next Regular Meeting for August 12, 2004 at 5:45 p.m. XI. Adjournment +�a�TF `, • Agenda summary- 15 July 2004 a. Aviation Commerce Park: Harry Wolf,from Iowa Realty,will be at the meeting to answer questions and give an update on the marketing. At the March meeting,the Commission voted to recommend to the Council to sign a 90-day agreement with Iowa Realty to market the Aviation Commerce Park. The ACP real estate listing is a three-way agreement between Iowa Realty,the Airport Commission and the City Council. The Council approved the agreement on April 20th and the Commission approved the agreement on April 22'. The agreement ends on July 22. The Commission should make a recommendation to the Council to renew the agreement with Iowa Realty or request proposals from other realtors. b. Runway 07 project: The Commission has not yet received a recommendation from the FAA on the Earth Tech contract. The FAA will be contacted to see if they would recommend signing the contract with Earth Tech to start the design work. c. Environmental Assessment:No final determination has been received from the FAA Environmental Program Manager,Mark Schenkelberg. After a final determination,the agreement with Earth Tech can then be signed and design of the runway project will begin. d. Brogan-Coleman lease-United hangar: A proposed lease was sent to Kim Brogan on June 14. The lease was discussed with her on June 29 and she was to discuss it with her business partner and contact the Airport Manager. No reply has been received. The original offer from Jet Air was to sublease '/2 of the hangar to her for$250. This was the offer made in the proposed lease. This is fair market value,discounted for the condition of the building. The lease would run concurrent with the office lease and expire in May 2006. e. Obstruction mitigation project: Stanley Consultants will provide an update. This will be an agenda item until the project is completed. There is a letter in the packet from St. Mary's church concerning an obstruction at the church. f. Strategy/business plan: The Commission continues to work on the plan, including discussion of whether the Commission should be an autonomous commission or an advisory board. Krstenansky and Staley are the subcommittee for the plan. g. National Guard lease: The National Guard leases a parcel of Airport property for equipment storage and vehicular parking. The Guard would like a two-year lease. The proposed lease is in the packet. h. Airport fly-in breakfast: The annual breakfast is scheduled for August 29. The item was put on the agenda in case the Commission wanted to discuss any events they would like to have that day. MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY,JUNE 10,2004—5:45 P.M. IOWA CITY AIRPORT TERMINAL CALL TO ORDER: Chairperson Hartwig called the meeting to order at 5:47 p.m. MEMBERS PRESENT:Randy Hartwig,John Krstenansky, Daniel Clay, Carl Williams MEMBERS ABSENT: John Staley STAFF PRESENT: Sue Dulek,Ron O'Neil OTHERS PRESENT: Kim Brogan, Scott Byers, David Hughes, Dave Larson RECOMMENDATIONS TO COUNCIL:None APPROVAL OF MINUTES: The minutes of the May 13,2004,Commission meeting were approved as submitted with one minor correction. REVIEW OF EXPENDITURES: O'Neil reviewed the check requests for June with the Commission. PUBLIC DISCUSSION—ITEMS NOT ON AGENDA: No items were presented. UNFINISHED ITEMS FOR DISCUSSION/ACTION: No items were presented. ITEMS FOR DISCUSSION/ACTION: a. Brogan United building lease—amendment: O'Neil said Kim Brogan had requested her lease for the office area for the United hangar be amended. Possession was to be May 1 and rent to begin June 1. Because of several factors, Brogan requested a June 1 possession date with rent to begin July 1. The ending date of the lease would not be changed. A motion was made by Clay for a resolution to amend the lease. Williams seconded the motion,and at roll call vote,the motion passed 4—0,with Staley being absent. b. Jet Air lease—United hangar: O'Neil said he had received word today from Jet Air that they would not want to lease the hangar. They had no objection to the price of$500 per month,but their space needs have changed and they did not need the hangar at this time. 1 , Kim Brogan asked to address the Commission. She said she had intended to sublease half the hangar from Jet Air for$250.00 per month. Since they were not going to lease the hangar, she would like to rent the hangar. She offered the Commission $200 for the whole hangar or$100 for half the hangar. She said the difference in price between her offer and Jet Air's offer was that her sublease price to Jet Air was going to include some repairs. She said Jet Air would have an option to lease half the hangar if they changed their mind in the next 30 days. Clay asked if this was something Brogan needed resolved before the next Commission meeting? She said she would be ready to move into the office in the next two to two and a half weeks and she would like to then work on the hangar. She said there are 15 to 20 people that have joined the flying club. Brogan said she would need a wall down the center if she only rented half the hangar. She would sublease the rest of the hangar for an aviation use if the Commission rented her the whole hangar. Hartwig said this would be on the agenda for the next meeting. He said O'Neil could lease it to her for the month of July if terms can be agreed to. Clay said that O'Neil should take care of it until the next meeting. Clay said that the immediate issue is having the 50 feet cleared. O'Neil said he could resolve many of the issues before the next Commission meeting. c. Obstruction mitigation project- O'Neil circulated a letter and bid tabulation for bids for some obstruction lighting. There was a base bid and an alternate. The bids were for lighting on two Airport buildings and lighting on St. Mary's church. Stanley is waiting to hear back from the church. Williams made a motion for a resolution to accept the bid from Gerard Electric. Krstenansky seconded the motion and at roll call vote,the motion passed 4—0, with Staley being absent. O'Neil said the next bid would be for tree removal. He said the grant would not pay to remove all of the obstructions listed by the DOT. An additional grant or grants will be needed to complete the project. d. Aviation Commerce Park(ACP)— Scott Byers was present to represent Iowa Realty. He said there were discussions with potential customers for four lots. He said this doesn't guarantee any sales, but there is significant interest in the property. Harry Wolf has taken a lead role in marketing the property. Wolf has met with O'Neil and the City Manager to discuss strategies to market the property and what the Commission and Council expect for the development. Krstenansky asked what types of businesses were interested? Byers said the uses are quite varied. O'Neil said the companies that are looking are serious about buying some property. Byers said he agreed and that they are businesses that will be buying something in the Iowa City area soon. O'Neil said the north part of lot 5 has been leased by the Iowa City School System for the last several years. They use it for storage for their maintenance shop. Their annual lease expires in July. O'Neil said he would recommend not renewing the lease or have a 30-day out in the lease in case the lot sells. The property could be leased on a month to month basis. Or the lot could be subdivided and that portion sold to the Schools. 2 Williams asked about timing. He said Iowa Realty has a relatively short sales agreement. Byers said even if the Commission would not renew the agreement, it would not jeopardize the sale. He said they would continue to work with the buyer until the sale is concluded. Clay asked how the Commission is involved if there is an offer? O'Neil said when an offer is made to Iowa Realty, he meets with Iowa Realty and Steve Atkins and discusses the offer. The offer may be rejected if it is not legitimate or a counter offer may be made. When there is an acceptable offer, it will be presented to the Commission for a recommendation to the Council. This could be a negative or positive recommendation. The Council will make the final sales decision. Clay asked about what the timing of an offer if someone was in a hurry to purchase? O'Neil said he thought the flexibility for the Commission to meet was as good or better than a special Council meeting. He said there needs to be 24 hours notice unless it is an emergency. O'Neil said he discussed this with the City Manager. Atkins said it is probable the Council would call a special meeting if there were a sale pending. They want to make this project work as much as the Commission does. Clay said he had a question about paying for the infrastructure? He wanted to know if all the sale money was to go to the general fund until the infrastructure is paid for? O'Neil said that was the agreement, but depending on the circumstances,the Council may be flexible on that. e. Runway 07 project—O'Neil said he could combine the information in agenda items e. and f. He said that until the Environmental Assessment is completed,they can not move forward with the contract with Earth Tech. The public meeting was conducted for the EA on May 20th. There were only minor comments. The comments were sent to the FAA to be incorporated into the report. Green is waiting for a response from one more agency before the FAA can issue the final findings for the report. Mark Schenkelberg,the FAA Compliance Officer, said if there were no comments to address, he should have the report completed in July. O'Neil said he hoped it would work out to have the fmal report by July 15th so the Commission could act on Earth Tech contract at their July meeting. Dave Larson presented information in response to questions raised by the Commission at the June meeting. The questions concerned a project west of the Airport on property Larson is developing. He had requested a recommendation from the Commission concerning a permanent easement on Airport property for an outlet pipe for a water detention area. Larson was working with MMS Consultants on the engineering questions. O'Neil said one of the questions was what impact the water detention area would have on the Environmental Assessment just completed? MMS said they didn't think it would have any impact. O'Neil said he would be much more comfortable if that conclusion came from H.R. Green,since they were the company that conducted the EA. Larson said MMS reviewed it and thought there were no issues. Krstenansky said the only thing that he did not see addressed was if the detention area would create additional attraction for wildlife, particularly waterfowl. Krstenansky said someone needs to look at it and approve the plan. 3 O'Neil said the Council might be counting on the Commission to make certain that there are no adverse aviation effects before approving an easement. O'Neil said that from reviewing Larson's plan,he does not think installing the pipe for the detention area would hold up the runway project. What will not be known for certain until the runway design is done and approved is whether this development downstream will raise the cost of the runway project. O'Neil said that if the Commission wants to send a recommendation to the Council,they should make sure the Council knows that the Commission has not done any hydraulic research. Clay asked how much Green would charge to review the Larson's plan? O'Neil said he would check with Green for a price. Dave Hughes,from Earth Tech, said he would be interested in knowing what impact the dike for the detention pond would have on the flood plain. Larson said MMS said there would be no impact. O'Neil said he is being cautious about the EA because it has taken over a year to complete. Clay said to ask Green how much they would charge to review the plan. O'Neil said the Council only meets once in July. It is before the Commission July meeting. The recommendation would have to go to the City Manager's office by June 30 to be on the July 6 Council meeting. Clay said he would recommend O'Neil contact Green to get a cost proposal for reviewing Larson's plan so the Commission can make a recommendation to the Council. Krstenansky said if a review by Green is not possible,the Commission needs to look at other options for making a decision. O'Neil said he would contact Public Works to get their opinion. O'Neil said he would contact Green tomorrow and get a cost estimate for the EA review. Clay said he hoped Green could accommodate Larson. f. Environmental Assessment project—O'Neil said there was nothing additional to add to the EA discussion that was not discussed with the runway project. g. Strategic Plan—O'Neil said one of the issues the Commission may want to discuss is the Council/Commission meeting on June 14th. He said it was somewhat short notice,but the agenda was not confirmed until the staff meeting yesterday. Krstenansky said he would be out of town on Monday. Hartwig asked what the topic of discussion would be? O'Neil said he thought it would be what was happening with the strategic plan. O'Neil said he asked Atkins what to have prepared for the meeting and he said Atkins said the Mayor called the meeting and he was not sure of the specific topic,other than maybe governance. O'Neil provided the Commission with a magazine article that described a commercial service airport's project to develop a strategic plan. He said the tone of the article was that this was leading edge thinking and that not many commercial or general aviation airports have strategic plans. O'Neil said he would be surprised if any general aviation airports in Iowa have a strategic plan. He said when the Commission completes their plan,he would suspect other airports will want to use it as a model. Krstenansky said he has developed an outline for the Commission to start with. He circulated a copy to the other Commission members. He said this would help as a guideline for the focus groups. O'Neil suggested the Commission put a timeline together and also decide how they wanted to categorize the focus groups. 4 The Commission discussed what focus groups they wanted and how to divide up the groups. Clay said he liked the idea of having several smaller groups instead of one or two large groups. Clay said there should be a summary for the meeting with the Council on Monday. O'Neil said that corporations base their aircraft at their home base. If the Iowa City Airport attracts additional corporate aircraft,that probably means there is a corresponding increase in business locating in the Iowa City area. Clay said the FBO told him that local businesses seem to be increasing their use of charter aircraft. O'Neil said that the dates for the focus groups would have to be coordinated with Jeff Davidson,who is the facilitator. The facilitator will be very important in the initial phases of gathering the information that the Commission will base their plan on. Krstenansky explained how the Commission could use a group of students from the College of Business to assist the Commission with the Strategic Plan. An application should be made sometime in July. Clay said he would work with O'Neil to fill out the application. h. National Guard lease- The Guard leases approximately half an acre of Airport property for vehicle storage. The lease expires in August. O'Neil said the Guard is going to build a new facility, but will probably need another three year lease to get them to when their new building is completed. Williams asked if they were paying fair market value? O'Neil said they are paying what is being paid for other undeveloped Airport property. Some airports do not charge the Guard or reserve for airport property. O'Neil said he would develop a lease and have it as an item on the July agenda. Because it is for more than two years,a public hearing is required. O'Neil suggested the Commission set a public hearing for the July meeting. Williams made a motion for a resolution to set a public hearing for the National Guard lease. Krstenansky seconded the motion and the motion passed 4—0,with Staley being absent. i. Airport Park area—Hartwig said he has been contacted by people that would like a picnic area at the Airport where they could eat their lunch and watch the aircraft. Ron Duffe,from Jet Air, said he would donate a picnic table. O'Neil said there is an area at the north end of the north parking area that would be suitable for a small picnic area. O'Neil said Mayor Lehman has mentioned he would like to see a small park area at the Airport. O'Neil said he could apply for security fencing for the area through the Iowa Department of Transportation. He said he would need a resolution supporting the project. Krstenansky said if the area is to be expanded, it would need to be moved away from the heavy traffic area. Krstenansky said that when he and Staley met with Jeff Davidson,there was some discussion about recreational areas around the Airport. Williams made a motion to apply to the Department of Transportation for a grant to replace the fencing around the north parking lot. Krstenansky seconded the motion, and at roll call vote,the motion passed 4—0,with Staley being absent. The Commission discussed where the best place would be for a picnic area and how it could be constructed if they did not receive an IDOT grant. O'Neil said the Commission would know sometime in August if they were successful in receiving a fencing grant. 5 CHAIRPERSON'S REPORT: Hartwig said he wanted to acknowledge the positive article in the Press Citizen about the Airport. He also suggested having a clean-up day at the Airport. Hartwig said he mentioned to someone in the Iowa Athletic Department that the posters in the Terminal lobby were outdated. He said current posters would be sent to the Airport. COMMISSION MEMBERS' REPORTS: Clay said he wanted to comment on the positive way things were moving forward with the Strategic Planning and marketing and wanted to relay that to the Council when they meet on Monday,the l4`h. Williams said he was going to the FAA AIP conference in Kansas City. O'Neil said three Commission members are registered for the first day of the conference. Hartwig said he would be flying down. Krstenansky said he would like to go with Hartwig. O'Neil said it is a very good opportunity to meet with other airport commission members and managers and with FAA and IDOT officials. ADMINISTRATIVE REPORT: O'Neil said that there was a nice article on the 757 simulator that is located at the Airport The Council/Commission meeting is schedule for June 14 at 6:30 p.m. at the Council Chambers. There was information in the packet about the new flight school and flying club. O'Neil said there would be a fee accessed to the Airport from Public Works for storm water management. O'Neil said he hopes that means that Public Works will maintain the on-airport storm water drainage system. He will inform the Commission as he learns more about the program. The Iowa City Schools System has been informed that their lease will not be renewed on Lot# 5 in the Aviation Commerce Park. The property will be leased to them on a month to month basis. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for July 15,2004,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. Randy Hartwig,Chairperson 6 IOWA CITY AIRPORT COMMISSION July 2004 Airport Expenditures Account 46110 Amount 124265 Commercial Towel May service 54.00 124266 PM 1C Clean up insurance 500.00 124268 Midwest Janitorial June service 185.00 124269 Overhead Door Opener repair-#17 581.20 124270 Backflow Prevention Annual test-Bldg E 100.00 124271 Commercial Towel June service 54.60 124272 Electric Motors of I.C. Door opener motor repair-#19 20.00 124273 City of Iowa City Sewer&water—June&stormwater fee 841.05 Account 37450 124267 Stanley Consultants Obstruction mitigation paymt.#9 7734.66 The above listed expenditures were reviewed at the Iowa City Airport Commission meeting on July 15,2004. Page t of 3 Ron O'Neil From: Brian Boelk Sent: Wednesday, June 23, 2004 5:08 PM To: Ron O'Neil Subject: RE: Stormwater Utility All properties in Iowa City are assessed this fee; however, it is not dependent on whether or not you have or use the public storm sewer system(piping, structures, etc). This fee encompasses many costs relating to new unfunded federal mandates, as well as various "everyday" stormwater services such as creek maintenance, leaf pickup, street sweeping. The majority of the fees will go towards the new federal requirements as described in our NPDES MS4 (Stormwater)permit that applies to the whole city. This five-year permit covers several new ordinances that will need to be written and administered, various public education services,mapping of our entire stormwater sewer system, inspection and monitoring of our stormwater, etc. Though your runway collection system may drain directly to the river, the river is considered part of Iowa City and is the main body of water that needs to be included in an improvement of quality. Therefore, you are contributing to the stormwater system of Iowa City. They are numerous properties around town that have similar reasons as to why they don't feel they should be charged. Several businesses(City Carton,Hy-Vee, etc.) drain directly into the river or one of our major creeks but they too are being charged. Similarly,there are residential properties on the edge of town that drain away from city limits and do not have any storm sewer around their property,but they too are being charged. Please remember that this fee is not directly related to the storm sewer pipe (system),but is determined by the amount of runoff on your property (impervious area),as that runoff does contribute to the City's overall stormwater drainage system. Once the money is used for the federal mandates,the remaining budget will be used to fund capitol improvement projects relating strictly to stormwater or storm sewer issues. This may include anything from minor maintenance, to installation of a new pipe system,to a project that separates storm sewer from sanitary sewer in a old part of town. If there are problems relating to the public storm sewer system or storm water drainage around your property, I encourage you to pass that information on to me as we will certainly evaluate the situation and see if there are ways we can use these fees to alleviate any problems that exist. In closing, any private stormwater collection system will remain private and is the responsibility of the owner. However, I would be happy to help out in any way I can to fix those problems that exist. Please try to remember that the assessed fee does not directly correlate to the stormwater collection system, but rather is dependent on the amount of runoff on your property and is being used to fund Iowa City's stormwater management program as a whole. Please let me know if you have any further questions or concerns. I would be happy to meet with you to discuss this further as well. Thanks, Brian A. Boelk, PE Senior Civil Engineer City of Iowa City 319-356-5437 7/8/2004 ----Original Message-- From:Ron O'Neil Sent: Friday,June 18,2004 10:25 AM To: Brian Boelk Subject:RE: Stormwater Utility Brian- There airport has a stormwater collection system built into the runways that, I believe, goes directly to the river. When we start paying the fees, will this then become a maintenance responsibility with the rest of the storm system. I hope so because there is a lot of repair work to do. If not, then it doesn't seem logical to assess the airport for a system it is not utilizing. ----Original Message---- From:Brian Boelk Sent: Thursday,June 03,2004 2:22 PM To: Ron O'Neil Subject: RE: Stormwater Utility The stormwater utility fees will be used to fund stormwater quality services required by the Federal Government as of March of this year(2004),as you have mentioned. The fees will also be dedicated to the repair, replacement, maintenance, and construction of systems to manage stormwater runoff. (storm sewer, stormdrains, detention/retention facilities, etc.). Remaining money will go towards storm sewer related capital improvement projects that are needed to improve flooding or stormwater quality issues. Brian A. Boelk, PE Senior Civil Engineer City of Iowa City 319-356-5437 Original Message From: Ron O'Neil Sent: Wednesday,June 02,2004 1:00 PM To:Brian Boelk Subject: RE: Stormwater Utility Part of the fee is for the permit. What is the other part of the fee for? I will get you a copy of the Airport permit. ----Original Message From: Brian Boelk Sent: Friday,May 28,2004 12:08 PM To:Dave Elias;Ron O'Neil Cc:Daniel Scott Subject: Stormwater Utility Good afternoon gentlemen. I am touching base with you regarding the newly implemented stormwater utility fee that will begin billing in June. As you know I have sent letters to both of you regarding the fee, and wanted to update you regarding a credit being applied to both your accounts. Our ordinance reads that a 50% credit will be given to those customers who can prove they are required to and have a"NPDES stormwater discharge for industrial activities" 7/8/2004 rage .i 01 J permit for their operations. Knowing that you both are required to obtain this permit for your operations, I have already inserted that 50% credit and it should be reflected on your upcoming bills next month. Dave,I have talked to Dan Scott and he will provide me with a copy of your permit. Ron, when you get the chance can you send me a copy of your permit for our records. If you have any questions or concerns please let me know. Thanks, Brian A. Boelk, PE Senior Civil Engineer City of Iowa City 319-356-5437 7/8/2004 H,...o",.'",f",.'. ,.,�',�'� IOWA CITY N�� _ IF Nr 1t� + MUNICIPAL AIRPORT 140.,0 i8oi SOUTH RIVERSIDE DRIVE MAMA",c A",IOW_A 52246 --- — (319) 356-5045 Memo To: Steve Atkins From: Ron O'Neil ' • Date: June 18, 2004 Re: United hangar The hangar office has been leased for a new flight school. The rent for the next year will be $6600. A lease to rent half the hangar is on the Commission's agenda for their July meeting. At $250 per month, the rent will be $3000 for the next year. With a total of$9600, I will need to cut back an additional $400 somewhere in the budget to get to the$10,000 required by the Council. The hangar and office are leased "as is'. The Commission is not responsible for any repairs or utilities during the terms of the leases. This building is considered as an obstruction and will need to be moved or torn down when funding becomes available. The leases for the hangar and office area are for two years. There is language in both leases that allow us to cancel the leases if we get funding for mitigating the building as an obstruction. I do not anticipate getting funding for this part of the runway project for at least a year and a half. If this flight school is successful, we will want to find somewhere on the Airport to continue it when the United building is no longer available. •Page 1 n ' IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 36 36 July 08, 2004 Ms. Kim Brogan-Coleman 2194 Hill Drive NE Solon, Iowa 52333 Dear Ms. Brogan-Coleman: This is a follow-up to the discussion we had on June 29th. You were going to consult with your business partner and contact me concerning leasing half of the United hangar. I have not been contacted and wanted to know if you are still interested in leasing part of the hangar. This will be an agenda item on the July 15 Commission agenda. The meeting is at 5:45 at the Airport Terminal. Attached is an agenda. You have not returned your application to use the Terminal meeting room for ground school and I have not received rent for the month of June. This application was to have been completed and the rent paid before using the room. Please provide me with the application and the past due rent by July 12 and before you use the room again. If you have questions or need additional information, please contact me at (319) 356-5045 or e-mail at ron-oneil@iowa-city.org Sincerely, Ronald J. O'Neil Airport Manager Cc: Airport Commission Sue Dulek, Assistant City Attorney <fir, CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone(319) 356-5045 June 14, 2004 Ms. Kim Brogan-Coleman 2194 Hill Drive NE Solon, Iowa 52333 Dear Ms. Brogan-Coleman: Attached is a draft agreement to lease the east half of the hangar at 1701 South Riverside Drive. The proposed lease will be on the agenda for the July 15 Airport Commission meeting. Your offer of$.30 per square foot ($100/month) for the east 50 feet of the United hangar is well below the rate of any other hangar space at the Airport. The lowest priced space at the Airport now is $ 1.20 per foot. Discounting for the condition of the building, $ .75 per foot ($ 250 per month) would be a reasonable rent. The Commission is required by grant assurances to receive fair market value. Because the Commission would not act on the lease until the middle of July, the lease would start on August 1, 2004 and end the last day of May 2006. This would be concurrent with your office lease. If you agree to the $250 per month rent, I can rent the space to you for the month of July. I will need several days notice to move the equipment and materials that are stored in the hangar. Please contact me by June 24th if you are interested in leasing the hangar on July 1. If you have questions or need additional information, please contact me at (319) 356-5045 or e-mail at ron-oneil@iowa-city.org Sincerely, K IL Ronald J. O'Neil Airport Manager Cc: Airport Commission �--� Sue Dulek, Assistant City Attorney HANGAR LEASE This HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Kim Brogan-Coleman. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. Lease of the Hangar Space. The Commission hereby leases to Tenant the east 50 feet of the United hangar at 1701 South Riverside Drive (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: a multi-plane hangar with a 80' rolling door. The Hangar Space shall be used and occupied by Tenant principally for the maintenance or storage of the following aircraft: Aircraft Make & Model all Flight School aircraft Aircraft Registration Number NA Aircraft Registered Owner Name NA Registered Owner Home and Business Telephone Numbers NA Tenant shall promptly notify the Commission in writing of any change in the information 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 August 1, 2004, and shall end on the last day of the month of May, 2006. 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 $250.00 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $3.75 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 Space shall be used primarily for aircraft storage 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 activity other than aircraft storage and operations consistant with a Flight School and Commercial Flying Club shall be conducted by Tenant in, from or around the Hangar Space unless approved by the Airport Manager. 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. 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 for the Hangar Space. Tenant is responsible for his/her own refuse disposal. m. Tenant shall not park aircraft or vehicles so as to block the south hangar doors on the west half of the hangar. 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. Maintenance of property leased by Tenant, including but not limited to the roof, interior and exterior walls, external and internal doors, windows, plumbing and electrical circuits shall be the responsibility of Tenant and accepted "as is". Premises are to be kept reasonably clean. Without limiting the scope of Tenant's obligation herein, Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of the premises, to promptly take care of any leakage or stoppage in any of the water, gas, or waste pipes inside the buildings, to repair any damage to electrical circuits due to overloading and to replace light bulbs. Tenant, at his/her own expense, may make improvements but shall make no structural alterations or improvements without first obtaining the Airport Manager's written approval of the plans and specifications. Tenant also agrees not to construct or attach any fixtures without first obtaining the Manager's written approval. 3 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 40BC. d. Tenant shall not store any materials outside 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. In no event, 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 Manager. 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. All repairs and maintenance are the responsibility of the Tenant. 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 (2003), may be stored, located, or contained in the Hangar Space without the Commission's prior written approval and be in 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-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said 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. If 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 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 5 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 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. 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 specified 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 Term 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. 6 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 reletting. 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. 7 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. 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. i. 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. 8 • 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 Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to Tenant, addressed to: Kim Brogan-Coleman 2194 Hill Drive NE Solon, Iowa 52333 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. 9 IOWA CITY AIRPORT COMMISSION By: Title: Date: KIM BROGAN-COLEMAN Approved: By: City Attorney's Office Title: Date: n z IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 June 7, 2004 Ms. Catherine Weikel Stanley Consultants 225 Iowa Avenue Muscatine, Iowa 52761 Dear Cathy: St. Mary's church asked for an explanation of the obstruction mitigation project. The church steeple has been identified as one of several obstructions in navigable airspace in the vicinity of the Iowa City Airport. An inspector from the Iowa Department of Transportation Office of Aviation identified the obstructions. Obstructions are safety issues and are not "grandfathered" in. The steeple has been identified as an obstruction for several years. It is only through a grant from the Iowa Department of Transportation that the Airport Commission can mitigate these obstructions. The grant allows the Commission to assist the owners of the obstructions to mitigate them. In this case, the lighting system designed by Stanley Consultants would serve to mitigate the obstruction. Although still considered an obstruction, the lighting would meet the safety standards needed to identify the steeple as an obstruction. It is the responsibility of the owner to maintain the lighting and remain in compliance with the federal regulations. There is a Federal Aviation Administration web site that can help explain the requirements for federal airspace in more detail. The site is http://www.faa.gov/arp/ace/part77.htm. The question was asked about what would happen if St. Mary's church chose not to comply with lighting the church steeple? In addition to the possible liability for not mitigating the obstruction, there are provisions for a civil penalty. The Federal Government is responsible for airspace regulation. I am hopeful that this will answer their questions and if they want additional information, please contact me at (319) 356-5045. Sincerely, (\ C ci Ronald J. O'Neil Airport Manager Cc: Airport Commission ' frail lin : - June 24, 2004 JUL 0 8 21304 Ms. Catherine S. Weikel, P.E. Stanley Consultants Inc. 116 %sr ~1 I is_ Stanley Building 225 Iowa Avenue Muscatine, IA 52761-3764 Re: Obstruction Lighting St. Mary's Catholic Church Iowa City, IA Dear Ms. Weikel, We have received your June 15 letter with the attached letter from Ronald J. O'Neil, Airport Manager, dated June 7, 2004. We understand and agree with the need to ensure safe operating conditions for aircraft using the Iowa City airport by adequately marking identified obstructions. Mr. O'Neil's letter indicated the St. Mary's steeple has been identified as an obstruction for several years although we only learned of this condition in the past few months through this obstruction mitigation project. St. Mary's Church supports its entire operating budget from annual contributions from its parishioners. No other source of income is used for the operational costs of the parish. As we have indicated to the previous Stanley project manager we are concerned about the ongoing cost to maintain the steeple lighting system including lamps, ballasts, photo control and lighting contactor. The effort to replace lamps and ballasts in the steeple light fixtures is a particular concern. We anticipate the repair work will require a crane and a work basket to raise the electricians to the base of the steeple where the new fixtures are to be located. We do not have extra budget dollars available to absorb the costs of all lighting system maintenance. Previously we proposed a cost sharing method between the Church and the City of Iowa City where the Church would provide the replacement lamps or ballasts, and the City would hire a contractor to install the lamps including any needed crane service. We feel this is a fair and equitable sharing of costs for both parties. We understand that the Airport Commission has no means to raise funds other than those allocated annually by the City Council to the airport. Accordingly we request that the Airport Commission submit to the City Council a proposal for their approval to share these costs between the City of Iowa City and St. Mary's Church as outline above. Please feel free to contact Father Ken Kuntz at the parish office or myself at Ph. 319-338-4213 regarding this issue. Sincerely, St. Mary's Catholic Church B ilding & ounds Com fission C(i . JolSn a e � �� Cc: Ron O'Neil, Iowa CityAirport Steve Atkins, City Manager Ft. Ken Kuntz " O IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 31 x June 24, 2004 The Honorable Mayor Mr. Ernest Lehman 410 East Washington Iowa City, Iowa 52240 Re: Council/Commission meeting — June 14 Dear Mayor: On behalf of the Airport Commission and myself, I would like to thank you for the opportunity of meeting with the Council on June 14. Although the topic was a surprise, you should know the Commission shares your desire for a strong and effective management of the Airport. It was our understanding that the Council directed the Commission to discuss the governance issue and report back to the Council. The Commission will be discussing governance of the airport along with the business plan and strategic plan at our next regular meeting on July 15. You can expect a report of our conclusions along with a completed business plan and timeline and development of our strategic plan before your August meeting. The Commission is working hard on these issues and appreciates the Council's support. We are committed to an open and active dialog and invite any Council members to attend our meetings. If you have questions or would like to discuss any of this information in more detail, please contact me at 337-2101 or the Airport Manager at 356-5045. n'erely, I j)1 Randy H_rtwig, Chairpe n 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: John L. Krstenansky[john-krstenansky@uiowa.edu] Sent: Thursday, June 17, 2004 12:03 PM To: council@iowa-city.org Cc: Ron O'Neil; Carl Williams (E-mail); Daniel Clay (E-mail); John Staley (E-mail); Randy Hartwig (E-mail); Sue Dulek Subject: Impressions from reports on the June 14th meeting between the airport commission and the city council. Dear Members of the City Council, It is unfortunate that I was out of town on business on Monday and, with the two working-day notice given to us, was not able to rearrange my schedule to attend the meeting. I would have very much enjoyed meeting with the council and discussing opportunities for improving both the airport and the city. In my very first meeting with the airport commission I noted that from the reading of prior minutes that there seemed to be some unnecessary misunderstandings between the council and the commission and that periodic meetings between the two groups should occur so that relationships and trust could be built and so that each could work towards common goals in a cooperative fashion. I still hope that we can get to that point; however, at this point have some concerns based on the newspaper reports of the meeting that I have read. [Disclaimer: These are my personal views based on the limited information that I have available to me at this point.] 1) It was reported that some members the council did not see the downside of removing the independence of the airport commission and rolling all authority into the council. Let me state what I view as the downside. The airport is a unique entity that has a certain fragility unlike a city park. Because of that fragility a higher degree of attention and care needs to be maintained. The fragility stems from the stringent and complex requirements of the FAA, the enormous amounts of land and capital that are required for a new airport, and the inordinate amount of time that would be needed to realize an operating airport one the decision to create it (or resurrect it) was decided. There are many factors that could combine that could make the airport less viable and ultimately lead to its irreversible demise. The irreversibility of the loss of the airport is the most tragic aspect of any scenario. The commission has the responsibility to review and make recommendations on issues concerning the airport that range from simple to complex and often require a focus and attention to detail that might be compromised if authority is removed from the commission by a change in governance. I am afraid that once authority is separated from responsibility, that the system is destined to fail. The best that I can ascertain is that the motivation for this proposed change in governance was the perception on the part of the council that the commission was not performing its duties in a fashion the council favored. I feel that there is more risk than reward in the proposed governance change. You now have a new commission, appointed by yourselves, and attuned to working with you in a cooperative fashion and to keeping an open dialog to avoid misunderstandings. 2) There was expressed dissatisfaction from some council member that recommendations from the Airport Business Plan report were being disregarded. It is my understanding that virtually ALL of the actionable recommendations were either in practice, in progress or planned. I thought that Ron had given you documentation to this regard. If it is still viewed by council that there is inaction or insufficient action with regard to specific items that you think should be implemented, then it would be helpful if you would point these out so that we can address those issues in more detail. As I stated, this commission is very interested in working in a cooperative manner and encourages increased and more open communication between ourselves and the council. 3) I am still mystified by the reasoning behind a $10K budget cut being used as a "message" rather than sitting down with the commission and taking them to task for what you may view as an ineffective implementation of specific measures that you feel that they are not pursuing. A number of preventive maintenance issues (e.g. resurfacing of asphalt) appear to have been absent from some or budgets apparently in order to arrive at a final bare bones budget. Throwing a $10K on top of s for no financial reason and to the further detriment of the well-being of the airport makes no sense to me. Would you add $10K to an approved budget for no financial reason if you simply thought that a group was doing a great job? The only "message" that a budget cut without consideration of its operational consequences sends is that the council does not appear to have its own stated self-interest in mind (the betterment of the airport and its impact on the city), which is why I am befuddled by such an action. While initiative to increase revenues at the airport are being explored, I would be interested in making sure that additional funding might be made available in the shorter term so that cost-effective preventive maintenance will become a more routine activity and ultimately save the city money (...cheaper that replacing a neglected surface). Things are not at a crisis now; however, I do not want to stand by and see the airport gradually deteriorate. Finally, let me reiterate if it hasn't been made clear already, I would like to open a more active dialog with the council and work with it to align our groups goals and achieve greater things for the city. There obviously are communication and trust issues that both the council and commission need to work through and there is no better way than face to face. I look forward to resolving any outstanding issues and moving forward in a progressive fashion. Regards, John L. Krstenansky Member, Airport Commission 2 Official says city should take airport rage 1 .,i Q AZ Daily Iowan Extras:Movies I Rate a Plc I HHoros I Career I Scholxshios I Trine'I GradZone r 4v-1 ,. -e 111 .,.. The Daily Iowan F— �' - f — - .. I� • PM .` �'.'� , SEARCH I Od ISSUE IM Jul 7, 2004 �__ usernan advanced C Home passwoi C' Metro Home > Metro 1 — C' Sports C• Opinions Official says city should take airport REGI C Arts PIM C' Photos By Jim Butts-The Daily Iowan Published: Friday, July 2, 2004 Iowa i N. Daily Break HI: 7: Article Tools: [ffiiiq ISP it Page 1 of 1 LO' display ads -- o j ne The city should take control of the Iowa City airport to increase communication and accountability,City Manager Steve Atkins recommended to the Iowa City City Council on Thursday. lassified _ So,what In a June 30 memo released Thursday,Atkins proposed creating an aviation division within a newly formed Department of Transportation Services.The current Department of Iowa City TEdition Transit and Parking would be incorporated into the new department. r Class r Work 'PREE The proposal is the latest move in an ongoing power struggle over who will control r Just h L operations of the Iowa City Airport-the City Council or the as-of-now autonomous Airport Commission. r I live hoursr I'm nc "At this time all the members feel the commission should be independent,"commission Chairman Randy Hartwig said. ( VOTE - -- • .. :tDE s40ii''' -� In the memo,the city manager recommended that the Airport Commission,whose members are selected by the city,stay on in an advisory role.He lists greater "transparency"between the airport and the community and an increase in budget oversight Seat Real I'istaie as two major benefits of the proposal. Pr(%ieµ Job: Hartwig declined to comment on the specifics of Atkins'memo except to say the aviation- Intel community members he's spoken with has two main concerns with city control-first,they C Message Board fear city control could be a prelude to the City Council permanently shutting the airport's hanger doors.Second,by becoming"just another"city department,some worry the airport could become a low priority. K`i �� In his memo,Atkins wrote that any notion the city will close the airport"has no historical foundation,"and Mayor Ernie Lehman,who backs city control,said the council has been [Agin I Register "extremely supportive of the airport"and had no plans to shut it down.He also said the Reader Forum airport would not become a low priority and would actually benefit from increased public Calendar Back Issues exposure. Archive before August 2002 The council is set to discuss the issue in a July 6 work session,and Lehman said the Daily Iowan Staff council will likely decide whether to put the issue to vote in an August meeting. Advertising Rates Eventually a referendum on the issue could be put on the November 2005 ballot. Subscriptions Scholarships http://www.dailyiowan.com/news/691255.html?mkey=1230111 7/7/2004 Airport decision probably to go to voters rage i vi L Ciage— - nrawonE Extr Daily Iowan as:Movies Rate.a Pic I Horoscopes I Career I Scholarships I Travel I GradZone The Cleib keno ,�� 1 You c t tri d The Daily Iowan to At tvp‘,..--0,— "a •,, A, ,. ... . . . _ ? _-. 0 , . 't ' .,`„,_ _. _ _. -.11lN\21..".‘,-7v,:r- •,- vt -, ,..,. : ' •. . i' ; -.cif,P4I' r SEARCH I-Sb advanced i ISSUE 1" Jul 7, 2004 1,01 usernan G' Home I passwoi v' Metro Home > Metro 1- • Sports G Opinions Airport decision probably to go to voters REGI C• Arts Airport Commission to meet to discuss referendum mire .i . C• Photos Iowa G' Daily Break By Jim Butts-The Daily Iowan HI: 7: . display ads Published: Wednesday, July 7, 2004 LO: 5 or ae Article Tools: 1E1 EMAIL! 1014111111 Page 1 of 1 Local voters will likely decide who will control the Iowa City Municipal Airport in lassifieds•_ November. So,what At a special work session Tuesday night,the Iowa City City Council quietly set a date on Iowa City JEd ition Aug.3 to rule whether a November referendum is needed to determine the fate of the r Class airport.In the past,a majority of councilors have supported such a referendum,but it is r Work PR ,r'i Y opposed by the five-member Airport Commission,which currently controls the facility. r Just h 1� There was little discussion concerning the airport;Mayor Ernie Lehman simply asked for ( I live hours approval to place the matter on the August agenda,and he received support from the r I'm nc council. r ( VOTE PEaii6 "No surprises,"said Airport Commissioner Carl Williams in response to the decision.He g "` ""'W added that the commission would meet today to discuss the possible referendum. Lehman has mentioned eliminating"budget surprises,"increasing accountability,and Seal Real Est:de heightened communication as reasons for taking over the airport. Pres io% Job: "A few years ago,the subsidy of the airport jumped dramatically,"City Manager Steve Intel Atkins said.He proposed the creation of an aviation division within a newly formed C-- Message Board Department of Transportation Services on June 30,noting,"While other services such as police and fire were being cut,the city was forced to increase the funds to the airport." w''''''''''', M-V � V; Iowa City pilot Jay Honeck,the owner of Alexis Park Inn&Suites, 1165 S.Riverside Drive,said he was disappointed by the council's decision and a discussion that lasted "nanoseconds." Login I Register Reader Forum "It's a forgone conclusion,"he said. "The Airport Commission was designed to insulate Calendar Back Issues the airport from politics.The council is now trying to break down that wall." Archive before August 2002 He said he hopes 40 or 50 supporters of the five-member commission will attend the Daily Iowan Staff August meeting,but he was not optimistic about the commission's future role. Advertising Rates Subscriptions Scholarships "It's going to be an uphill battle,"Honeck said. http://www.dailyiowan.com/news/691872.html?mkey=1230111 7/7/2004 press-citizen.com I news i A�'4 1 V1 :- • local news 101111 Home For Less --Bring More Sta� IOWA CITY PRESS CITIZEN - about usi I news'I sports' I features'I opinion'I goiowacityj I classifieds'I obits' I customers' I subscrit Wednesday, July 7, 2004 PRESS-CITIHO T City moves on airport decision By Vanessa Miller Find a new job at Iowa City Press-Citizen career For 60 years the Iowa City Airport has operated under the jurisdiction of an autonomous commission, but Tuesday night city councilors took the first step to a change that. builder ingovernance of the 85-year-old facility Shifting y from a five-person Airport Com-mission to the What's next Find a Car at City Council requires a referendum, and with "` little discussion and no debate, a unanimous • The Airport Commission will cars.COfrf) City Council directed staff during its informal have a special meeting at 7 J meeting Tuesday to prepare a resolution that p.m. tonight in the Airport could place the issue on the Nov. 2 ballot. Terminal Building, 1801 S. Find a house at Riverside Drive. pc HOMES "I think it's a foregone conclusion that they want to do this referendum," said Jay Honeck, who has rented a hangar at the city's airport for six years. "That was apparent by the discussion that lasted Find great stuff at nanoseconds." CLASSIFIED SUPERSTORE City Manager Steve Atkins proposed the change in a June 30 memo to the council, listing advantages to dissolving the existing Department of Parking and Transit in favor of a larger Department of Transportation Services that would Get a great deal at assume oversight of the airport. Among the many advantages Atkins included, creating the new department would give councilors greater control over budget decisions and ultimate Find a new place at authority over all operations while providing the public more chance for input. yamhnen an- According to state law, the commission has full control over the airport, excluding authority to sell the facility. The change would convert the managerial commission to an advisory board, joining 20 boards and commissions that hold no authoritative power but make recommendations to the council. Recent budget and operational struggles prompted city officials to discuss the change earlier this year. In the budget year that ended June 30, city subsidies reached $183,000, a significant jump from the $28,000 subsidy five years ago. After a review of airport operations two years ago, Atkins also noted a lack of leases for the airport's 37 rented hangers and insufficient insurance certificates. For the year that began July 1, councilors decreased subsidies to$112,000, and officials assert that greater control over airport operations could further benefit the city financially. "A common complaint/concern of the City Council and previous councils has http://www.press-citizen.com/news/070704airport.htm 7/7/2004 press-citizen.com I news been that the City Council often appears to be powerless in directing the policy/operations of the Airport Commission," Atkins said in the memorandum. "Such concerns include opinions about the desirability of having an airport, the budgeted monies (notably subsidies), occasional day-today operational issues, and conflicts in priorities as they relate to the overall city budget." City councilors will vote on whether to place the issue on the Nov. 2 ballot at their Aug. 3 meeting. Airport Manager Ron O'Neil said the Airport Commission will discuss Tehir position on this issue at a special meeting tonight at 7 p.m. in the Airport Terminal Building, 1801 S. Riverside Drive. "This is an issue that has come up several times in the past 15 years, but this is the most serious I've seen them talk about going to a referendum," Airport Manager Ron O'Neil said. "This is the furthest they've gone with it." Let us know what you think of this story... massifeds are > piressetilzen.ecion Copyright 1999-2004 Iowa City Press-Citizen Use of this site signifies your agreement to the terms of service WFI (updated 2/1/2003) contact us at online,c'press-citizen.corn http://www.press-citizen.com/news/070704airport.htm 7/7/2004 3194 3195 AIRPORTS, §330 20 330.11 Repealed by 81 Acts,ch 117, 09 See § 331.302. airport commission, the commission shall be es- tablished as provided in this chapter. The management and control of an airport by an 330.12 Repealed by 81 Acts,ch 117,§1097. See airport commission may be ended in the same_ § 331.212(2)`d". manner. If a majority of the voters does not favor continuing the management and control of the air- port in an airport commission, the commission 330.13 Federal aid. shall stand abolished sixty days from and after the Any subdivision of government is authorized to date of the election,and the power to maintain and accept, receive, and receipt for federal moneys, operate the airport shall revert to the city or and other moneys,either public or private,for the county. acquisition, construction, enlargement, improve- [C46,50,54,58,62,66,71,73,75,77,79,81,S81, ment, maintenance, equipment, or operation of §330.17; 81 Acts,ch 117, §10541 airports, and other air navigation facilities, and 91 Acts,ch 129, §24 ies. sites for airports and other navigation facilities, • and to comply with the laws of the United States 330.18 Notice of election. and any regulations for the expenditure of federal Notice of the election shall be given by publica- moneys upon airports and other air navigation fa- tion in a newspaper of general circulation in the cilities. city,subject to section 362.3 or in the county,sub- All preapplications for funds authorized to be ject to section 331.305. received pursuant to this section by any govern- [C46,50,54,58,62,66,71,73,75,77,79,81,581, nsofar mental subdivision, commission, or authority, §330.18; 81 Acts,ch 117, §1055] whether acting alone or jointly with another gov- '9, 81, ernmental or private entity,shall be approved by 330.19 Form of question the state transportation commission prior to being The question to be submitted shall be in the fol- submitted to any federal agency or department. lowing form: h 117, Approval shall be based on criteria consistent with the Iowa aviation system plan. However, this Shall the City (or County) of paragraph does not apply to preapplications from place(or continue)the management and control of airports which receive federal primary commer its airport(or airports)in an Airport Commission? See cial service entitlement funds if the airport mak- ing the preapplication files a copy of the preap [C46,50,54,58,62,66,71,73,75,77,79,81,S81, plication with the state department of transporta- §330.19;81 Acts,ch 117, §1056] tion. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 0.20 Appointment of commission - §330.13] terms. 93 Acts,ch 87, §12 nty, When a majority of the voters favors airport con- ! sub-- strot and management by a commission, the gov- tation 330.14 Repealed by 81 Acts,oh 117,§1097. See erning body shall,within ten days,appoint an air- al de- § 331.461(1)"a". port commission of three or five resident voters. rn the The governing body shall by ordinance set the ration 330.15 Repealed by 81 Acts,ch 117, § 1097. commencement dates of office and the length of struc- the terms of office which shall be no more than six bsoil, 330.16 Repealed by82 Acts,ch 1104,§61. See and no less than three years. The terms of the first I lova appointees of a newly created commission shall be s,and §331.441(2)"c"(5),331.446,331.447. staggered by length of term and all subsequent ap- pointments shall be for full terms. The governing .f the fr 330.17 Airport commission-election. body shall also provide for staggered terms of of- are in The council of any city or county which owns or Tice for the appointees of commissions existing on ed by acquires an airport may,and upon the council's re- July 1, 1991. Vacancies shall be filled as original e fed- ceipt of a valid petition as provided in section appointments are made. Members of the airport .ment 362.4,or receipt of a petition by the board of super- commission shall serve without compensation. ?ervi- visors as provided in section 331.306 shall, at a Each commissioner shall execute and furnish a s and regular city election or a general election if one is bond in an amount fixed by the governing body and to be held within seventy-four days from the filing filed with the city clerk or county auditor. The 0,54, of the petition, or otherwise at a special election commission shall elect from its own members a called for that purpose, submit to the voters the chairperson and a secretary who shall serve for a question as to whether the management and con- term as the commission shall determine. trol of the airport shall be placed in an airport com- [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, See mission. If a majority of the voters favors placing §330.201 the management and control of the airport in an 83 Acts,ch 123, §131, 209;91 Acts, ch 76, §1 'I RESOLUTION NO. R-189 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND KIM COLEMAN-BROGAN. WHEREAS, the Airport Commission of the City of Iowa City has negotiated an agreement with Kim Brogan-Coleman for the east one half (1/2) of the hangar at 1701 South Riverside Drive at the Iowa City Municipal Airport; and WHEREAS, the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport; and, WHEREAS, the term of the lease shall be from August 1, 2004, through the last day of May 2006. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed agreement with Kim Brogan-Coleman is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the lease between the Airport Commission and Kim Brogan-Coleman. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT Krstenansky Hartwig Clay Williams Staley Passed and approved this 15 day of July 2004. Approved by CHAIRPERSON ATTEST: SECRETARY City Attorney's Office RESOLUTION NO.R-190 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A LEASE WITH THE IOWA NATIONALGUARD. Whereas, the Iowa City Airport Commission of the City of Iowa City, Iowa and the Iowa National Guard have negotiated an agreement regarding the lease of 28,800 square feet of vehicle storage space located at 1801 South Riverside Drive; and Whereas, the term of the lease shall be for two (2) years, beginning on September 1, 2004 and ending on August 31, 2006; and, Whereas, the annual rent for the lease shall be $ 2,971.00. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, that the Chairperson is hereby authorized to sign and the Secretary to attest said lease with the Iowa National Guard for 28,800 square feet of vehicle storage space. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT Hartwig Clay Williams Krstenansky Staley Passed and approved this 15 day of July, 2004. Approved by CHAIRPERSON ATTEST: SECRETARY City Attorney's Office LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter called the "Lessor"), and The Armory Board, represented by the Adjutant General of Iowa (hereinafter called "Lessee"), whose address for the purpose of this lease is 7700 N.W. Beaver Drive, Johnston, Iowa, 50131-1902. WITNESSETH: 1. Property Leased. In consideration of the mutual terms, agreements, and conditions herein contained, Lessor hereby leases unto Lessee the following described real property situated at the Iowa City Municipal Airport in Iowa City, Johnson County, Iowa, ("Airport"), to wit: A 28,800 square foot parcel of land located on South Riverside Drive, south of the entrance drive and north of the Reserve Center, at the Iowa City Municipal Airport. The specific location of said parcel is marked and staked by the Lessor and a diagram showing the approximate location and configuration of said parcel is attached hereto and incorporated herein as Exhibit A (hereafter"Leased Property"). 2. Term. The term of this lease shall commence on September 1, 2004, and shall expire on August 31, 2006, unless terminated prior to said date pursuant to the provisions of para- graph 9 herein. 3. Rent. Lessee agrees to pay Lessor rent for the Leased Property as follows: $ 2971 per year, in advance, payable on the first day of September during the term of this lease. The rent shall be paid pro rata by the Lessee for any period of possession less than a full year. Payments received after the fifteenth day of September shall draw interest at 9% per annum from the due date, until paid. 4. Possession. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the time and date of the close of this lease, except as herein provided. Should the Lessor be unable to give possession on said date. Lessee's only damages shall be a pro rata reduction of the annual rent otherwise due. 5. Use of Property. Lessee covenants and agrees during the term of this lease to use and occupy the Leased Property only for the parking of motor vehicles. In regard to said use. the Lessee shall comply with all city, state and federal codes, including but not limited to Federal Aviation Administration rules and regulations. 2 6. Parking and Access. The Lessee shall gravel and maintain the Leased Property to be used as a parking area. The Lessee shall also maintain a permanent chain link fence and controlled access gate as shown in Exhibit A. These improvements shall become the property of the Lessor upon termination or expiration of this Agreement. 7. Maintenance and Repairs. Lessee shall be responsible for maintenance and repair of all structures and landscaping on the leased premises. The exterior maintenance is to include, but is not limited to, trimming trees and bushes, mowing the grass, and clearing the snow from the hard-surfaced areas. 8. Reasonable Care of Property. Lessee shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of Lessee or its employees, and Lessee agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, normal wear and tear excepted. Lessee agrees to give the Commission free access to inspect the premises at all reasonable times. 9. Termination of Lease. This lease may be terminated by either party herein by giving written notice to the other party, said notice to be given at least 30 calendar days prior to the intended termination date. 10. Non-Discrimination Clause. The Lessee covenants, in consideration of the right to lease property at the Iowa City Municipal Airport, that there will be no discrimination against any person for employment or public accommodation covered by this agreement because of race, religion, color, creed, sex, national origin, sexual orientation, gender identity, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. The Lessee shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 11. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify and hold harmless the City of Iowa City, the Iowa City Airport Commission, its agents, servants, and employees against all claims, demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions or use or misuse of the leased premises by Lessee, its agents, or sublessees, or any one directly or indirectly employed by any one of them. 12. Insurance and Subrogation. Lessee covenants and agrees that it will 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: a. Comprehensive General Liability (1) Bodily Injury & Property Damage Each Occurrence $1,000,000 Lessee's insurance carrier shall be A rated or better by A.M. Best. Lessee shall name the Commission, its employees and the City of Iowa City, as additional insured. 3 Lessee shall deliver to the Commission, within thirty (30) days of execution of this agreement, Certificates of Insurance or copies of said policies. Lessee shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. 13. National Emergency. 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 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. Any fees associated with such suspension shall also be suspended during the time period of the above-described inconsistency. 14. Assignment. This lease shall not be assigned without written permission of the Lessor. 15. Severability. In the event any portion of this Lease is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. 16. Grant Assurances. This agreement 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. Lessee acknowledges and agrees that the rights granted to Lessee in this agreement would not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 17. Notices and Demands. Notices as provided for in this lease shall be given to the Commission by notifying the Airport Manager and by notifying Lessee at its respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 18. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors, and assigns of the parties hereto: except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint Lessee. 19. FAA provisions. For purposes of paragraphs (a) through (k) below, the Commission shall be referred to as the Lessor and Adjutant General of Iowa shall be referred to as the Lessee. (a) The lessee, for himself, his 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 4 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) The lessee, for himself, his personal representative, 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 the lessee, 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. (d) Lessee 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 lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (e) Lessor reserves the right (but shall not be obligated to Lessee) 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 the Lessee in this regard. (f) Lessor 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 Lessee, and without interferences or hindrance. (g) Lessor reserves the right to take any action it considers necessary to protect the serial approaches of the airport against obstructions, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Lessor would limit the usefulness of the airport or constitute a hazard to aircraft. (h) During time of war or national emergency Lessor 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 5 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 agreement 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 (name or Lessor), 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 Lessor 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. IOWA CITY AIRPORT COMMISSION THE ARMORY BOARD, STATE OF IOWA By: By: Chairperson Adjutant General of Iowa ATTEST: ATTEST: Secretary Date: Date: Approved By: City Attorney's Office Date: 6 Commission's Acknowledgement STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 20 , before me, , a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the Chair and Secretary. respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. passed adopted by the Commission, on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Notary Public in and for said County and State Armory Board Acknowledgement STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State dennis mitairportlarm-1eas.doc IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 June 17, 2004 Mr. Paul Bobek Executive Director of Administrative Services Iowa City Community School District 509 South Dubuque Street Iowa City, Iowa 52240 Dear Mr. Bobek: The annual lease for the property the School District leases from the Airport will not be renewed. The property is part of a larger lot in the Airport's Aviation Commerce Park and is listed for sale. If you are interested in purchasing the property or would like to continue to lease it on a month to month lease, please contact me at 356-5045. The current lease expires on July 31, 2004. Sincerely, Ronald J. O'Neil Airport Manager Cc: Airport Commission Sue Dulek, Assistant City Attorney fjirr' rItIr - JUL 0 8 2004 IOWA CITY COMMUNITY v ` I V 11. SCHOOL DISTRICT Lane Plugge,Ph.D. 509 S.Dubuque Street Superintendent Iowa City,IA 52240 (319)339-6890 Fax Number (319)688-1000 June 24, 2004 Mr. Ronald J. O'Neil Iowa City Municipal Airport 1801 South Riverside Drive Iowa City, Iowa 52246 This letter is in response to your letter dated June 17, 2004 and our phone conversation on June 23, 2004. The District would like to continue leasing on a month to month basis the land denoted in our lease June 6, 2002. The price would be the same amount as illustrated in the Exhibit A for 2005 of $.106 per square foot or $4,247.00, annually. If you have any questions, please call me at 688.1000. Sincerely, r---.. (..,,,-.C, (1...,_,A., Paul Bobek Executive Director of Administrative Services " r 2 aIOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 36 June 24, 2004 Ms. Kay Thede Office of Aviation Iowa DOT 800 Lincoln Way Ames, Iowa 50010 Dear Ms. Thede: Enclosed is an application for the FY 2005 Airport Improvement Program. Included are the application form, an ACIP data sheet, an airport security signs order form and a copy of the Airport Commission resolution. The Commission is negotiating a contract with Earth Tech to update the airport's DBE program and to design a Pavement Management Program. This will all be part of a FY 2004 FAA grant. The most recent Airport Layout Plan is on file with your office. If you have questions or need additional information, please call me at (319) 356-5045 or e-mail at ron oneil(iowa-city.org Sincerely, a \. D Ronald J. O'Neil Airport Manager Cc: Iowa City Airport Commission RESOLUTION NO. R-187 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AIRPORT IMPROVEMENT PROGRAM GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION. Whereas, because it is a primary duty of the Iowa City Airport Commission of the City of Iowa City to preserve and enhance safety and aviation services at the Airport; and. Whereas, the Airport Commission has jurisdiction to enter into grant agreements with the Iowa Department of Transportation and the Federal Aviation Administration; and, Whereas, the Commission has agreed to apply to the Iowa Department of Transportation for funding through the 2005 Airport Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, that the Chairperson is hereby authorized to sign and the Secretary to attest to direct the Airport Manager to apply to the Iowa Department of Transportation for funding through the 2005 Airport Improvement Program. It was moved by Williams and seconded by Hartwig the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT X Williams XStaley X Krstenansky -X Hartwig X Clay Passed and approved this 10 day of June, 2004. 1 1 4—. .. Chairperson City Attorney's Office ATTEST: ".*r�� . ACIP DATA SHEET IRPORT IOW LOCAL PRIORITY FY 2005 UPDATED 24Jun04 T ORK ITEM Replace safety fencing SKETCH: /----I L_--1 ----1-1 1 L... , L 1 \1 . -,, r \ \ ;.t.\, \ \%, H H _i \ ,‘ 1____ \\\., , . i ��--1---7 \ g, ' C-> , L...1_,a — \ i \•\ . • r .7)P CY V cg ‘,4: o I W. ( _ --- Z I IIII\ Li @') ri I p t JUSTIFICATION: The fencing between the land side and the ramp area is a 42"chain link fence. It is about 50 years old and not very stable. The fence would be removed and replaced with a six(6) foot chain link fence. A vehicle access gate would be removed. Two lockable pedestrian access gates would be installed. The project would include approximately 300 feet of 6 foot chain link fence and two pedestrian gates. The area is directly north of the Terminal Building. HCCom` \ . -D CA- COST K ESTIMATE: 300 ft. of 6 ft. chain link fence at $ 12.50 per foot $ 3750.00 (2) 3 ft. pedestrian gates at $ 300 per gate 600.00 Removal of old fence 300.00 Contingency 232.50 Total $ 4882.50 FAA USE ONLY PREAPP NUMBER GRANT NUMBER NPIAS CODE WORK CODE FAA PRIORITY FEDERAL S > Medical ><http://www.aopa.org/members/resources/medical.html> > Info Resources/FAQs » <http://www.aopa.org/members/files/> > Messaging/Chat <http://www.aopa.org/members/messages/> >Take an Iowa town; surround it with Amish and Mennonite communities; add a >world-class university that counts 5,000 foreigners from 106 countries >among its 30,000 students; toss in a booming downtown; and you've got one >of the most surprisingly un-Midwestern towns in the Midwest. Then add the >oldest established airport west of the Mississippi and a fly-in hotel with >nothing but Jacuzzi-equipped, aviation-theme suites, and Iowa City, Iowa, >becomes a seriously attractive weekend destination for general aviation >pilots. >AOPA members and pilots Jay and Mary Honeck are serious airplane junkies, >so when they retired from their newspaper distribution business and thought >about running a hotel, the only one they considered seriously was the >Alexis Park Inn and Suites - at the foot of a runway. The couple, who fly a >Piper Cherokee Pathfinder, bought the place from another local pilot and >ran their credit cards and nerves to the limits completely refurbishing the >all-suite hotel. Each room has an aviation theme, from a Wright brothers >suite to the new Stearman suite. Down to the aviation-theme stained glass >in the lobby, this place is seriously airplane obsessed. The Honecks >traveled on business enough to know what they didn't like about hotels and >set to avoiding it here. So all the appliances are full-size (no itty-bitty >Euro-fridges or teeny-weeny coffeemakers here) , and they deliver a local >newspaper with breakfast, right to the suite, every morning. No standing >around a public dining room angling for toaster pole-position. Huzzah. >Pilot guests have free use of the Honecks' club-van on a first-come, >first-served basis. >Iowa City Municipal Airport (IOW) is a truly classic GA field, with three >intersecting runways, not a lot of traffic, a fine fixed-base operator, and >that great hotel. The airport opened in 1918 and has stayed in the same >place ever since - it's the oldest airport west of the Mississippi River to >claim that. From the start of airmail flights, Iowa City was a stopping >point; the beacon you see today in front of the WPA-era terminal building >was once part of the string of transcontinental airmail beacons (it was >once located south of the field) . >The United Hangar - a gargantuan pre-jet, brick-and-metal structure - was >one of the largest clear-span-enclosed structures on Earth when it was >built by Boeing Air Transport in 1930. The building was intended to allow >airplanes to taxi in one end and out the other and allow passenger boarding >- although its planning genius fell somewhat short of advances in engines >and aircraft size: The airplanes simply got too big, and the building >eventually was converted to storage space. Still, it's one of seven >remaining Boeing/United airmail hangars in the country, and local pilots >are seeking National Historic Landmarks protection for the building. >WHAT TO DO >The Pedestrian Mall is the heart of downtown Iowa City. The area is simply >gorgeous in summertime; a truly walkable outdoor mall, with playground, >fountains, cafés, and boutiques. Surrounded by the University of Iowa >campus, this is an environment abuzz with stimuli. There's music, too, >throughout the summer; the Friday Night Concert Series features local 2 • >bands, and the Just Jazz Festival features free jazz on the Weather Dance >Fountain Stage in front of the Sheraton Iowa City Hotel from 6.30 p.m. to >9.30 p.m. Speaking of jazz, July 2 through 4 will see the 2004 Iowa City >Jazz Festival <http://www.iowacityjazzfestival.com> , held downtown. It is also free. -rhe excellent Iowa Children's Museum is probably one of the best and most >creative in the country; it has a kid-size town (its supermarket has >plastic lobsters in a water tank, kid-size shopping carts, and a checkout >desk) and a life-size African board game. There's even a special activity >room for wee ones five and younger. It's in a mall about four miles west of >town; right in front of the entrance to the museum, you can rent skates and >run round Coral Ridge Ice Arena, an NHL regulation-size rink that has >indoor ice-skating year-round. >The Devonian Fossil Gorge was formed when a 1993 flood washed away tons of >soil and sediment, revealing an abundance of fossils of critters that lived >in a shallow tropical sea about 375 million years ago. A self-guided tour >takes you down into the gorge as you learn about the fossils visible here. >There is also a variety of activities - camping, swimming, hiking, and >picnicking - to pursue at adjacent Coralville Lake. >For more fossils - including a recently discovered sloth fossil - or to >learn about animals or the people of Iowa's past, visit the University of >Iowa Museum of Natural History. Admission is free. >The University of Iowa's sprawling campus contains no fewer than four >museums. The Art Museum and the Old Capitol Museum are closed for >renovations/restoration, but you can still visit the University of Iowa >Athletics Hall of Fame and the Natural History Museum. The Hancher >Auditorium hosts theater and concerts on campus. >Amana Colonies If you're up for a scenic 15-minute flight and can cope with landing on a 2, 600-by-95-foot grass strip (open summer only; call ahead for conditions, -at 319/622-3251) a wonderful side trip is to the Amana Colonies. The >colonies were settled by members of a group that call themselves the >Community of True Inspiration, who came to the region about 20 miles west >of Iowa City in 1855 to live pious, rural, communal lives. They were >involved in agriculture, of course, but also wool and calico milling. >Everything was run communally, and everyone participated in the local >economy and had basic necessities provided. So they continued to live until >the 1930s, when they decided to abandon their communal ways and set up the >Amana Society Corporation to take over the manufacturing and property >holding. >Seven villages were established in the region, and tourists may visit them >to explore the old buildings and village structures. If the name Amana >sounds familiar to you, perhaps you're thinking of the Amana Radar Range - >the first household microwave oven introduced in 1967. These were indeed >manufactured at the Amana Colonies. >If you're up for some golfing, try the Amana Colonies Golf Course: 300 >acres on forested land with streams and lovely natural features. The >University of Iowa has its own links, the Finkbine Golf Course. >Kalona >Southeast of Iowa City (you'll have to drive as there's no airport) , the >Amish community of Kalona bills itself as "The Quilt Capitol of Iowa. " >Quilters and antiquers will be in their element; the historic village is >very much the American pioneer town. You can visit the Historical Village >and Museum and watch as Amish farmers clop by in horse-drawn carts. The >Woodin Wheel is the area's largest quilt shop; they say it has more than >200 quilts on hand every day. >For more information about area attractions, visit the Iowa City/Coralville >Convention and Visitors Bureau's Web site <http://www.icccvb.org> . 3 >RESTAURANTS >There are nearly 50 restaurants within a mile of the field. The Lark is as >good as classic American food gets without getting froufrou; with great >steaks, service, and portions, this is not a place for the meek-hearted or >vegetarian. >For a hundred-dollar taco, El Ranchero, within walking distance from the >field, has great Mexican food, which is truly authentic - half the staff >here doesn't even speak English. >Iowa River Power Restaurant, in a former power station right on the river >in Coralville, about five minutes drive northeast of the field, is a great >upscale entry. It's the place to bring the boss or a date, and food and >service match the high prices. There are beautiful views of the river and >dam. >FLYING IN >There's nothing even remotely complex about this airport, with its three >intersecting runways and easy-to-spot profile. A new flight school is >joining the existing one, and there is a flying club on the field, but >traffic levels are fairly light and CTAF communication excellent. The >70, 000-capacity Kinnick Stadium is also an easy-to-spot landmark, and >you'll pass overhead on a left base for Runway 12. >When you're departing Runway 36, please be noise sensitive, as you're >passing directly over a busy hospital; local pilots suggest a 10-degree >turn to the left and throttling back as soon as safe. Note that on arrival >to Runway 18 you're right over the hospital's rooftop. The West Branch >Towers, northeast of town, are good reporting points - and you'll know 'em >when you see 'em! >FOR MORE INFORMATION > >Alexis Park Inn and Suites <http://www.alexisparkinn.com> >Tel: 888/925-3947, 319/337-8665 >Fax: 319/351-4102 >1165 South Riverside Drive >Iowa City, Iowa 52246 >www.alexisparkinn.com >Friday Night Concert Series <http://www.goiowacity.com/fncs> >www.goiowacity.com/fncs >Iowa City Jazz Festival <http: //www.iowacityjazzfestival.com> >www.iowacityjazzfestival.com >Iowa Children's Museum <http://www.theicm.org> >Tel: 319/625-6255 >1451 Coral Ridge Avenue >Coralville, Iowa 52241 >www.theicm.org >Coral Ridge Ice Arena >Tel: 319/354-7870 >1451 Coral Ridge Avenue >Coralville, Iowa 52241 4 Council ponders taking over airport- Daily Iowan- Metro rage 1 or 2. Daily Iowan Extras:Career I Scholarships I Movies I Horoscopes I Rah a Pk I Travel I GradZone The n�>� The Daily Iowan . NOT E tss,> - tk .o. A.- t ® Atrip to = 1 w,6I :Or-Ana - a Semi �� E 44%," A . • - dews x• , � �wSEARCH I Ch ISSUE WI Jun 15, 2004 "1 usernan advanced [> Home Cf' Metro passwoi Home > Metro C• Sports C= Opinions Council ponders taking over airport REG! G• Arts C> Photos By Jim Butts-The Daily Iowan Wil! Published: Tuesday, June 15, 2004 Iowa 1 C= Daily Break HI: 8: Article Tools: [©imam iC9PRm7r] Page 1 of 1 display ads o ne The Iowa City City Council on Monday debated holding a referendum that could bring the Iowa City Airport Commission under the city's control. lassitieds_ At present,the airport is funded partly by the city but is managed as an autonomous - private entity. _ TEd i#ion Most of the councilors said Monday they favored making the Airport Commission another division of the city government. ,. ril The reasons councilors cited for the change included a lack of accountability for the funds 'c ^ hours provided by the city and a lack of communication between the airport and the council. `,ii Dan Clay,one of a group of airport commissioners newly appointed in the last year,said {.Q S the current commission should not be held accountable for past commissions'actions. .4X4DE'51104 He promised more fiscal responsibility and"honest,direct,and more frequent communication with the council." Heal I:tit:llo "I think were able to do all of the things the City Council is interested in without a change Preyie►r of government,"he said. One problem with the city taking control of the airport,he said,is that"people don't trust C Message Board that the City Council will support the airport." Iowa City pilot Jay Honeck,the owner of Alexis Park Inn&Suites, 1165 S.Riverside 4 Drive,is concerned about what the move could mean for the future of the airport. 1 "The current council supports the commission,but in 10 years,you could have five Vhf Login I Register councilors who want to close[the airport]down,"he said. Reader Forum Calendar Back Issues He and a small group of area pilots said small municipal airports are closing down across So,what Archive before August the country at an alarming rate.He noted Chicago Mayor Richard Daley's decision to shut Iowa Cit} 2002 down Meigs Field Airport in March 2003. f^ Class Daily Iowan Staff Advertising RatesDuring the council's discussion,Mayor Ernie Lehman disputed the notion that any change rWork Scholarships in governance would affect the airport;he said the council holds the power to shut down Just h Scholarships http://www.dailyiowan.com/news/2004/06/15/Metro/Council.Ponders.Taking.Over.Airport... 6/15/2004 uouncll ponaers taking over airport - iJany Iowan- Vl L. • Job Opportunities the airport by denying it funds,a point Honeck and other pilots disputed. (' ' (� I live City Attorney Eleanor Dilkes said a referendum could occur as early as August or could �. I'm nc be held on the November ballot. University of Iowa ( VOTE UI telephone/e-mail E-mail DI reporter Jim Butts at: directory State of Iowa Board of james-butts@uiowa.edu Regents Iowa City PoliceSeal Johnson County Article Tools: II]c!1i 1:61;i1F.1 Page 1 of 1 Iowa City __. Job: Iowa Courts Online Intel State of Iowa The Big Ten Hawkeye Sports College Publisher - amaxon.com ainawnc.Y wiga s wi= . 36-0F0 1017 National College Advertising and Marketing Privacy Policy Article Syndication cal!r�e�w!�fisflef http://www.dailyiowan.com/news/2004/06/15/Metro/Council.Ponders.Taking.Over.Airport... 6/15/2004 press-citizen.com I news rage I Vl • OCC' n ws gAUTt� BODY REPAIR WE CAN FIX ANYTHING! IOWA CITY PRESS CITIZEN about us!I news! I sports!I features! I opinion'I goiowacity!I classifieds' I obits! I customers! { subscrit 0 Tuesday, June 15, 2004 IOWA CFTT PAE55-CITIZEN • SPRIlli Airport control may go to voters • City discusses taking over Find a new job at 4 By Vanessa Miller career Iowa City Press-Citizen builderWho should manage and control the Iowa City Airport? The question, which was discussed during a joint meeting Monday between the Fund a car at City Council and the Airport Commission, could come before voters in November should a council majority agree to put it on the ballot. Currently, the five-member Airport Commission has management control, and the only way C{7rS.C�R7,l city officials can assume that role is if voters approve the change. "I don't see the downside," said Mayor Ernie Lehman, regarding the proposal to Fund a house at shift control to the City Council. "The upside is that if the city's involved, we will pcHOMES know more about what's going on." Find great stuff at While the City Council did not decide Monday night to place the issue on the Nov. 2 general election, a majority said they would support putting it to the CLASSIFIED voters. SUPERSTORE "We have no interest in running the airport any more than we do a water Get a great deal at plant..." Lehman said, adding that the city does, however, have resources to Irmo i/ help with the facility's finances. "We would make a great team." �J Councilor Dee Vanderhoef agreed and said that giving the Council ultimate Find a new place at control would allow the commission to better utilize their strengths. coartments.com_ "I think this would enhance your ability to move forward with the things you are trained to do,"Vanderhoef said. Dan Clay, an airport commissioner, said airport officials are concerned that relinquishing control will give the city the power to close the facility. "I think we are capable of doing all the things the council is interested in doing without a change of governance," Clay said, adding that commissioners plan to complete a strategic plan by fall. "We are focusing on a budget that is more fiscally sound." Councilor Mike O'Donnell said the Council should wait to put the issue on the ballot until the 2005 city election, giving the commission a chance to implement some of the recommendations made in a study by Airport Business Solutions. http://www.press-citizen.com/news1061504airport.htm 6/15/2004 press-e>.umcu.cuui I iicwJ D- — - — • Councilors paid the Atlanta-based firm for the study that airport commissioners requested last year in an effort decrease the facility's growing need for government subsidy. Currently, the city provides about$183,000 to the airport, up from $28,000 five years ago. In the coming budget year beginning July 1, the council opted to decrease the proposed $167,000 funding allocation by $10,000. Since receiving the study, there has been tremendous turnover on the commission. O'Donnell said he would like to give new commissioners a chance to implement some of the recommendations, many of which were not accepted by the previous commission. Jay Honeck, who leases a hanger at the airport, said the council is trying to break down a wall that was established to protect the facility from political control. "The commission was set up after World War II as an independent body to shield it from politics and to keep it from being closed," he said. "Currently, the council supports it, but councils come and go like the wind. I fear this is the beginning of the end." The council must pass a referendum requesting the issue be on the November ballot by the end of August. Let us know what you think of this story... Copyright 1999-2004 Ifie.ta City C) Use of this site signifies your agreement to the tenni o€serli Ce GANNETT •�� (updated 2/1/2003) �lYE1 N contact us at ti::ii„c<`%r; •v - -e;:.=°a.�? http://www.press-citizen.com/news/061504airport.htm 6/15/2004 ,, CC • f•ICK - s� SRR`I e(000 • ,� CITY OF IOWA CIT � � "-" MEMORANDUM Date: April 30, 2004 To: Steve Atkins, City Manager Steve Nasby, Economic Development Coordinator From: Sarah E. Holecek, First Assistant City Attorney.3l Re: Legality of design-build contracting under Iowa's competitive bidding laws ISSUE AND CONCLUSION: You have requested an opinion as to whether, under Iowa's competitive bidding laws for public improvements, the City could use a single bidding process for the design and construction of a public building. As proposed, the City would issue a request for proposals that includes general building features and requirements, with responding contractors both designing and building the resulting structure. Such a `design-build' approach to construction of public buildings violates Iowa's competitive bidding requirements. ANALYSIS: Iowa Code §§384.95-384.103 outlines Iowa's competitive bidding laws. When the estimated cost of a public improvement exceeds twenty-five thousand dollars ($25,000), these contract letting procedures must be followed. Assuming the cost of a proposed public building exceeds $25,000, before entering into a contract, §384.102 requires the City Council to hold a public hearing on "the proposed plans, specifications, and form of contract, and estimated cost for the improvement." Prior to the hearing, the entire contract must be filed in the City Clerk's office along with the plans and specifications. Upon public hearing, the Council shall consider the objections of interested parties, and then pass a resolution embodying its decision on the plans, specifications, contract and estimated cost. The Iowa Supreme Court has held that for bidding to be truly competitive, a specific common standard must be set for all bidders, and the proposed plans, specifications and form of contract should be prepared by a disinterested competent engineer. Northwestern Light and Power Co., v. Town of Grundy Center, 261 N.W. 604, 609-610, (Iowa 1935). Moreover, the plans and specifications must be on file, available for examination, and sufficiently specific as to enable all bidders to bid upon the same identical proposition. Id. There is no basis for competitive bidding when the successful bidder prepares the plans and specifications upon which that bidder submits a proposal, particularly where those plans and specifications are not open or available to other bidders. Id. at 610. Based on these principles, the Iowa Attorney General's office has also concluded that 'design-build' contracting violates Iowa's competitive bidding requirements. 1994 Iowa Op. Atty. Gen 95 (94-4-2(L)) If you have any questions regarding this matter, please feel free to contact me. cc: Eleanor Dilkes, City Attorney Karin Franklin, Director, PCD CAO opinion file