HomeMy WebLinkAbout09-09-2004 Airport Commission •
SEP 7 2004
11,
J
IOWA CITY AIRPORT COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, SEPTEMBER 9, 2004- 5:45 P.M.
DRAFT
1. Determine Quorum
2. Approval of Minutes from July 17, 2004 meeting
3. Public Discussion- Items not on the agenda
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4. Unfinished Items for Discussion/Action
5. Items for Discussion/Action:
A. Aviation Commerce Park
i. Report by Iowa Realty
ii. Other issues
B. Runway 07 Project- Earth Tech
C. 2004-2005 Hangar Leases
D. Airport Budget
E. Airport Management
F. Obstruction Mitigation-Stanley Consultants
G. Strategic Plan (discussion will begin at 7:00 p.m.)
6. Chairperson's Report
7. Commission Members' Reports
8. Staff Report
9. Set next regular meeting for October 14, 2004 at 5:45 p.m.
10. Adjourn
MINUTES IOWA CITY AIRPORT COMMISSION DRAFT
SATURDAY JULY 17.2004
CITY HALL CONFERENCE ROOM
CALL TO ORDER:
Chairperson Hartwig called to order at 4:00
MEMBERS PRESENT: Randy Hartwig, John Krstenansky, John Staley, Daniel Clay
MEMBERS ABSENT: Carl Williams
STAFF PRESENT: Sue Dulek, Ron O'Neil
OTHERS PRESENT: None
PUBLIC DISCUSSION NOT ON THE AGENDA: None
ITEMS FOR DISCUSSION/ACTION
Airport Budget- Hartwig said the issue to be discussed is the airport budget, specifically as it
relates to the Airport Manager's position. Clay indicated the budget must be reduced. The only
item amenable to reduction in his opinion was the personnel line. Clay suggested reducing the
Airport Manager position from the present full time to 40% and no benefits effective November 1.
John Staley agreed there isn't much else to cut except personnel. Hartwig said the present
situation at the airport cannot support the present personnel costs. John Krstenansky said we need
to prioritize the activities of the manager's position. Ron O'Neil replied that he was shocked. He
questioned if the Council needed to approve any reduction of positions. Sue Dulek replied they
did not; the manager is employed at the will of the Commission. Ron O'Neil said that in the recent
past a Commission member had tried to make a deal to remove the Airport Manager; that this
made the Council irate at the Commission. He said that the Commission is mistaken if it thinks
this is just about money. John Krstenansky replied that the Council will do what they think best
and the Commission also must do what it feels is best. He said the Commission must look at the
present situation like a business and aim for self-sufficiency as much as possible; any business gets
its expenses in line first -personnel cost are 1/3 of the budget. Dan Clay moved and John
Krstenansky seconded to terminate the present contract of the Airport Manager effective 10-31-
04. The motion carried 4-0. Dan Clay moved and John Staley seconded to offer Ron O'Neil a
contract for 40% of full time with no benefits effective 11-1-04. Motion carried 4-0.
ADJOURNMENT:
Meeting was adjourned at 4:20
Randy Hartwig, Chairper ion
5ara h l $A.c/e7'c
III
City of
cat
September 2, 2004 A v
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Scott Pottorff, MMS Consultants
1917 S Gilbert Street
Iowa City, IA 52240
Re: Davis Second and Third Addition
Dear Scott:
I have discussed the Davis Second and Third Addition proposal with engineering and
planning staff, and can clarify staffs position on the location of Dane Drive. There are
several reasons to not be favorable toward the proposed configuration of Dane Drive
opposite the Carousel Ford entrance on Mormon Trek Boulevard.
1. Construction of Dane Drive opposite the Carousel Ford entrance will prevent
full utilization of the planned dual left turn lanes for the northbound to
westbound traffic movement at the Mormon Trek Boulevard/Highway 1
intersection. Because Dane Drive will also require a turn lane off of Mormon
Trek Boulevard, due to the commercial and industrial traffic it will carry, it
needs to be further south from Highway 1 to avoid its southbound left turn
lane conflicting with the northbound left turn lanes.
2. The proposed location of Dane Drive on the outside of a horizontal curve
compounds the left turn lane conflict, particularly for the commercial and
industrial truck traffic Dane Drive is expected to carry.
3. Staff is also concerned with how close the proposed Dane Drive is to the
runway protection zone and obstacle free area. It is unclear how the FAA
would view a new road at this location, and what restrictions there may be on
lighting, setbacks, etc, when there is an alternative location for the road
further from the runway protection areas.
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4. The property controlled by the Airport was purchased with federal funds. It is
unclear what approvals and mechanisms are necessary to allow land
purchased with federal funds for the purpose of airport/runway expansion and
protection to be used for a public street carrying commercial/industrial traffic.
For these reasons, Dane Drive should intersect Mormon Trek Boulevard opposite the •
north leg of City View Drive, and should extend to the east / north east to intersect 'old'
• Dane Road. We would plan for it to continue to the east along the south side of the
proposed stormwater detention basin when the land to the east is annexed and
subdivided. We recommend avoiding using City/Airport property for the road; however,
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240- 1826 • (319) 356-5000 • FAX (319) 356-5009
if there is a desire to pursue this the subdivider/developer will be responsible for
obtaining approval from the FAA, and for constructing the road through the public
property to the (Dane) property line.
Regarding a north-south connection between the two roads proposed in the Davis
Second and Third Addition, staff feels there is a need for the ability for traffic to circulate
between the two streets. This may be a public street where old Dane Road is located, or
it may be an access easement through one of the lots between the two streets.
Because there is uncertainty at this point about how the land to the east will develop or
not develop, it is difficult to recommend how the north-south connection should occur. At
this point, we recommend escrow (1/2 the estimated reconstruction cost) be obtained for
the potential reconstruction of Dane Road, and an access easement be shown between
the two streets in the vicinity of Lot 9. This access easement may be shifted when a site
plan is developed for Lot 9; the escrow would be returned if a public street is not
constructed where old Dane Road is now located.
Regarding the storm water basin, staff is comfortable in theory with its location. As you
know more detail is required related to how storm water will be conveyed to this basin,
and what impacts there will be to public (Airport) property. We recommend there be
correspondence with the FAA related to this basin, and whether any approvals are
needed related to it being so close to a runway. Ross Spitz is doing a little more
investigation of this question with Earth Tech, the firm administering the runway
extension project.
I will copy this letter to Dave Larson and Jim Davis. Feel free to distribute it others as
you see fit. Please contact me at 356-5247 /john-vapp a(�.iowa-citv.orq or Ross Spitz at
356-5149 / ross-spitzaiowa-citv.orq if you have questions or would like to discuss the
subdivision.
Sincerely,
John Yapp
Associate Planner
Cc: Ross Spitz
Jeff Davidson
Bob Miklo
Sarah Holecek
Dave Larson
Jim Davis
I. n
a17 "do IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045 •
P
H
August 13, 2004
Dear City Council,
Last night at the Airport Commission meeting we voted to terminate the contract with the
current airport manager. Please be assured that arrangements are in place for full-time
day to day management of the airport. The current FBO Jet Air will provide these
services on an interim basis until the completion and implementation of the new Airport
Strategic Plan. At that time, the Commission will determine and implement a
management structure best suited to reach our goals.
Thank you for your support.
cerely,
ditsif
Randy Hartwig
Iowa City Airport Commission
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a IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045
b
FOR IMMEDIATE RELEASE
August 12, 2004
Iowa City Airport Commission Changes Airport Management
The Iowa City Airport Commission voted to terminate the contract with the
current airport manager effective immediately. The Commission has authorized
the Commission chair to negotiate a contract with Jet Air, Inc., the current fixed
base operator at the airport, to provide full-time management services on an
interim basis. The actions were taken at the regularly scheduled Airport
Commission Meeting held August 12, 2004 at the Iowa City Airport terminal
building.
The Commission intends to contract with Jet Air, Inc. to provide management
services until the completion and implementation of the new Airport Strategic
Plan, which is scheduled to be complete late Fall 2004. At that time, the
Commission will determine and implement a management structure best suited
to reach the goals of the strategic plan in the most cost-effective and efficient
manner.
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Airport ✓
GAR LEASE ("Lease"). entered. Into by. and between the Iowa City
this THAN ("Tenant's)/h ..J4 W9i Cn `,\ ` itWa ,
Commission�'Commission'� and
In consideration of the mutual covenants ee as foolllowsned herein, and for other good and valuaDo tt ble
consideration,the parties h Y dein-a
1. Lease of the Hangar Space• space in Hangar #__-- (the
leases to Tenant hangar ort and described
"HaaSpace") locateherebd at the Iowa City.Municipal Airport (the"Airport")"Hangars: T-ha� Hangar Space shall be useddi and occupiedpe
as Tenant
principally
with thea eifsto door. The
ft
by Tenant principaly for storage or construction of the following
Make &Model
Aircraft Registration Number
Aircraft Registered Owner Name
Registered Owner Home and Business Telephone Numbers
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Tenant shall promptly notify
the Commission in writing of any change in the information .
e
famisheddabove. Tenant may request ue mto the Commission.to store ..a substitute
the aircraft
Tenant is
Hangar Space by making a written req Space, all provisions event f thisTLease
to the substitute aircraft.
permitted to store a substitute aircraft in the Hangar
applicable to the Aircraft shall also be applicable
2. Term. 200_ and
The term of this Lease shall commence on 200_
shall end on the last day of the month of
ll terms and conditions of this Lease, the
lease
Commis onTenantacknowledges
is in compliance that Tenanthwll likely bp offered
ffff eoanother one t willr likely at
Ceexpir itio ft
ear lease. If Tenant does not.intend to execute
be
the expiration of the term of this Lease, and Tenant
increased undersethe thee one-year term in order to
another lease followingiration,of the the term of this Lease, Tenant agrees to
notify the Commission ays prior to the expiration of the existing
facilitate the Commission in locating another tenant. In the event Tenant shall continue
ease •
to occupy the Hangar Space beyond the term o rshall this Lease
ote u without eaxecuting
Lf this
for another 12-month term, such holding
Lease but shall be a month-to-month tenancy only.
3. Rent
Tenant shall pay the Commission the amount of
For use of the Hangar Space, of each month. A 1.5%
per month, payable in advance on the first day the Commission will
$____�— per day) for rent not received by
bee fee ed after
ri $wee 5 day of each month.
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charged after the fifteenth ( )
4. SecuritylDama9
e Deposit
to the Commission in trust the
A
At the termination of the Lease,
sum the time of month'shexecution t to
Lease,Tenant rentalas a deposit.shpay amounts necessary Lease,Commission one shall returnet be held deposit to the Tenant less any
• to i
fepaidamage, conduct cleanup wed to the Airport Commission. If the tenant
A
renews the lease each year,the deposit will be held over for the next year.
5. Use of the Hangar Space.
a. The Hangar Space shall be used primarily fpr storage or
construction of the Aircraft consistent with FAR and the Minimum Standards.
This provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
c. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance on the Aircraft shall be performed in the Hangar Space or
anywhere on the Airport without the prior written approval of the Commission,
except such maintenance as performed by the Tenant on his or her own aircraft
as permitted by the FAA. Tenant shall take steps to ensure that the performance
of such maintenance work shall not damage the Hangar Space or the Airport
where the work is performed.
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
1. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or
Hangar Space.
i. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
j. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenants
improper or negligent operation.
6. Rights and Obligations of Tenant
a. Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2)feet of the
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apron adjoining the Hangar Space, disposing of any debris or waste.;materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the sole judge of the due maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period,.the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
c. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
7. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
c. The Commission shall maintain and keep the Hangar and Hangar Space in good
repair except for the maintenance obligations of Tenant set forth in the Lease. In
no event, however, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act of Tenant, its agents, servants,
invitees, or customer. However, if due to any negligent or willful act by the
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, .then Tenant shall so such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
n at least five
d. feet of shalbe removed l
Snowrom in front of Hangar rr removal closer than five Space5f et s the (5)
Snow responsibility I tyof
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round. -
8. Sublease/Assignment
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
9. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
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10. Alterations.
Tenant shall not install any fodures.or make any alterations, additions or improvements
to the Hangar Space without the prior written approval of the Commission. All fixtures
installed or additions and improvements made to the Hangar Space shall, upon
completion of such additions and improvements, become Commission property and
shall remain in the Hangar Space at the expiration or termination of this Lease, however
terminated, without compensation or payment to Tenant. Fixtures include, but are not
limited to, locks, brackets for window coverings, plumbing,,light fixtures, luminaries, and
any item permanently attached to the wall, floor, or ceiling of the Hangar Space by
means of concrete, plaster, glue, nails, bolts, or screws.
11. Hazardous Materials. IA CODE
I
a. No"hazardous substance," • • defined in Iowa Code section 45$B.411 (200
may be stored, located,b ••ntained in the Hangar Space without the
Commission prior writt- - • oval. (The Iowa Code can be found online at
. - Lra"i, ,.E,n.,.,.A,,nr The U.S. Code can be found online at
www.findlaw.comkase7riiscodesfindex.html Federal regulations can be found
online at www.access.qpo.qov/nara/cfr/cfr-retrieve.html#paaet) Petroleum products
and their byproducts for personal use.may be stored or-present in the Hangar
. Space if said substances are contained in approved containers.
--s — Sec �C,
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. No waste or disposable materials shall be
released on the ground or in the storm sewers. Should such materials be spilled
or escape from storage or in any way contaminate the Airport or property
adjacent to the Airport through activities of the Tenant, the Tenant shall be
responsible for the clean up, containment and otherwise abatement of such
contamination at Tenant's sale cost and expense. Further, Tenant shall notify the
Commission . and appropriate governmental agency of such occurrence
immediately. Should Tenant fail to do so, the Commission may take any
reasonable and appropriate action in the Tenant's stead. The cost of such
remedial action by the Commission shall be paid by the Tenant
12. Special Events.
• During any special event at the Airport, including but not limited to the Sertoma
Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at
the Airport may be altered such that egress and ingress to the Hangar Space may be .
altered by the Commission in writing. Tenant's failure to comply with the altered
procedure is a default of this Lease, and the Commission may proceed to terminate this
Lease.
13. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said and regulations 30-days prior to their effective date.
14. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable.
time during the term of this Lease upon at least 24 hours notice to the Tenant for
any purpose necessary, incidental to.. or connected with, the. performance or its
or obligations under the Lease or in theexercise of its governmental functions,In
the
case
the Commission may enter the Hangar Space withoutprior
of an emergency, a Commission shalt
notice but will provide notice Tenantuchthepn, �asonabtyCnterfere with the.Tenant's
not,e during the course of any ace. At a minimum, the Hangar Space will be
use and enjoyment of the Hangar Sp
inspected annually. Upon execution of this Lease, the Tenant subsequently changesthe
the
lock to the Hangar Space, he or she shall provide; shall provide ne tics to oe
Commission before he or she does so and shall provide a new key
within twenty-four hours of doing so.
15. Insurance.
a, casualtyashall at its own expense company
orprocure and maintain general liability and
companies authorized to do business in the
insurance in a company
State of Iowa,in the following amounts:
Tvae t overage
Comprehensive General (or Premises)Liability-Each Occurrence$1,000,000
of Iowa City, as additional insured. The
ande
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City
and Tenant acknowledge that a Certificate of Insurance is attach
ed
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
�( the insurance certificate current. If the
c. It is the rent is Insurance expiresxiy to keep the terrA of the lease, the Tenant must
Certificate of during within 7 days of when the certificate
provide a current certificate to the
expires. COA^,k'‘
16. Casualty. access
Inr the means of
e eventbtfrHangar any other cause,ace,the orent payable hereunder shall not abate
damaged by such damage. if the
provided that the Hangar Space is not rendered untenantable by
Hangar Space is rendered untenantable and Commission elects to repair the Hangar or
Hangar
ttrent
shall
rthe d -ng which ss being
maderovidedhe damage was not caused by the- oomsionof Tenant, its
employees, agent or invitees, in which case the rent shall not abate. If the Hangar or
Hangar Space is rendered untenantable and Commission elects not to repair the
Hangar or Hangar Space, this Lease shall terminate.
17. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, its officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all
loss'or damage, hitto any propertyfeor injuryor
costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or
to
charged the ny person
n by reasonouof or y reason of any breach, violation or non-
to deathor fomnof any person arising
performance by Tenant or its servants, employees or agents of any covenant or
this Lease or for any loss, injury, damage or
Condition of the Lease or by any act or failure to act of those persons.The Commission
shalnot liable for its faat oee performto anyact of God, fire,
delay of any nature whatsoever resulting therefrom caused by
a
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
anyloss, damage or injury of any nature whatsoever sustained by Tenant, its
employees, agents or invitees during the term of this Lease, including, but not limited to,
loss, damage or injury to the Aircraft or other property of Tenant that may be located or
stored in the Hangar Space, unless such loss, damage or injury is caused by the
Commission's gross negligence or intentional willful misconduct. The parties hereby
agree that under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort (including
strict liability and negligence), such as, but not limited to, loss of revenue or anticipated •
profits or other damage related to the leasing of the Hangar Space under this Lease.
• 19. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment
20. Default
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This Lease shall be breached it (a) Tenant falls to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
21. security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
22. Thirty(30) Days Termination.
Either party to this Lease,shall have the right, with cause, to terminate this Lease by
giving thirty (30) days'prior written notice to the other party.
23. Non-Discrimination.
Tenant shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment"shall include
but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
24. FM 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 thesaid 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 herebycovenant and agree as a
covenant running with the land that: (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subject to discrimination in the use of said facilities, (2) that In
the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination, (3) that Tenant, shall use the premises in
compliance with all other requirements imposed by or pursuant to 49 CFR Part
21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
c. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right" within the meaning of
Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate
to the provisions of any outstanding or future agreement between the Commission
and the United States government or the Commission and the State of Iowa
relative to the maintenance, operation, or development of the Iowa City Municipal
Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this
Lease will not be exercised so as to Interfere with or adversely affect the use,
operation, maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
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basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly-owned
jactfities 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 interferences or
hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. 8 During time of war 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 orfacilities 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. .
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i. It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the
passage of aircraft in the airspace above the surface of the premises herein
conveyed, together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now known br hereafter used for navigation
of or flight in the air, using said airspace or landing at, taking off from,' or
operating on or about the airport.
k. The Lease shall become subordinate to provisions of any existing or future
agreement between the Commission and the United States of America or any
agency thereof relative to the operation, development, or maintenance of the
airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development of the airport.
25. Remedies Cumulative.
The rights and remedies with respect to any of the terms and conditions of this Lease
shall be cumulative and not exclusive, and shall be in addition to all other rights and
remedies available to either party in law or equity.
26. Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Airport Manager or the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
e. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission, addressed to:
Iowa City Airport Commission •
Attn: Airport Manager
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City, to 52246
(2) If to Tenant, addressed to: • :1!II
Irr
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. My change or modification hereof must be in writing
signed by both parties.
29. Waiver.
The waiver by either party of any covenant or condition of this Lease shall not thereafter
preclude such party from demanding performance in accordance with the terms hereof.
30. Successors Bound. •
This Lease shall be binding and shall inure to the benefit of the heirs, legal
representatives, successors and assigns of the parties hereto.
31. Severability. •
•
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction over the parties to this Lease, the entire Lease shall not be
void, but the remaining provisions shall continue in effect as nearly as possible in
• accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
BY:
Title:
Date:
Approved:
TENANT: -
By: City Attorney's Office
Title:
Date:
• City of Iowa City, Iowa- Official Web Site Page 1 of
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I Good Afternoon! Friday, Sept. 3, 2004
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MetLife Blimp is in Iowa City Local Media
Tuesday, August 17, 2004-4:31:00 PM
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Contact Number: 319-248-1200 PAN Ch. 18
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The MetLife Blimp is currently circling over Iowa City, preparing for an overnight mooring at Gazette,
the Iowa City Airport tonight. it is a rare occasion that a blimp of this size is in the area.The IC Press Citizen,
blimp may be viewed from the terminal building (open during daylight hours) or the parking lot Dally Iowan
•
to the north of the terminal. Inside the terminal is a largeglass viewingarea, or there is also Ras Moines Register
9 • Radio
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http://www.icgov.org/news.asp?ID=2598 9/3/200.
-gay. City Council Meeting Schedule and
Y September 1,2004
: Work Session Agendas
CITY OF IOWA CITY --
www.lcgov.org
TENTATIVE FUTURE MEETINGS AND AGENDAS
ma J. Harvat Hall
♦ MONDAY, SEPTEMBER 6
Labor Day Holiday—City Office Closed
. Work Session Cancelled
Emma J. Harvat Hall
• TUESDAY, SEPTEMBER 7
Formal Council Meeting Cancelled
Emma J. Harvat Hall •
6:30p P
• MONDAY, SEPTEMBER cial Council Work Session
Emma J. Harvat Hall
♦ TUESDAY, SEPTEMBER 14
7:OOp Special Formal Council Meeting
Emma J. Harvat Hall
♦ MONDAY, SEPTEMBER 20 •
Council Work Session Cancelled
Emma J.Harvat Hall
• TUESDAY, SEPTEMBER 21
Formal Council Meeting Cancelled
Emma J. Harvaf Hall
♦ TUESDAY, SEPTEMBER 28
Special Work Session—Alcohol Issues
Emma J. Harvat Hall
R 4
6:30p
` ♦ MONDAY, OCTOBECouncil Work Session
7:OOpEmma J. Harvat Hall
• TUESDAY, OCTOBFormalal Council Meeting •
18 Emma J. Harvat Hall
6:30p♦ MONDAY, OCTOBER Council Work Session
Emma J.Harvat Hall
ER 19
7:OOp
• TUESDAY, OCTOBFormal Council Meeting
Emma J. Harvat Hall
ER 1
6:30p
♦ MONDAY, NOVEMBCouncil Work Session
Emma J. Harvat Hall
• TUESDAY, NOVEMBER 2 •
7:0013 Formal Council Meeting
Meeting dates/tlmes4opics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters
09/03/2004 15:11 FAX 582 264 0750 CITY OF MUSCATINE el002
CITY OF Ml7SCATINE
AIRPORT MANAGER'S AGREEMENT
This Agreement, made and entered into this 15th day of June, 2000, by and between the
City of Muscatine, Iowa,a municipal corporation and Carver Aero Inc.,WITNESSETH:
WHEREAS, the City desires to contact with Carver Aero Inc., to manage and operate
the Muscatine Municipal Airport for a period beginning June 15,2000, and ending June 30,2005;
and
WHEREAS, Carver Aero Inc. desires to manage and operate said airport for said City; •
NOW, THEREFORE, it is hereby understood and agreed by and between the parties
hereto that:
1. Carver Aero Inc. be, and hereby is, designated the Manager of the Muscatine Municipal
Airport for a period of time beginning June 15, 2000, and ending June 30; 2005. Carver
Aero Inc. shall identify a responsible person as company representative at the airport. A
review of the terms of this Agreement and the duties and performance of the Airport
Manager shall be held annually at the regular Airport Advisory Commission Meeting
during January.
2. The Airport Manager shall not be an employee of the City of Muscatine, but shall be an
independent contractor in accordance with the provisions of this Agreement and shall
report to the City Administrator(City's representative).
3. The duties of the Airport Manager shall be as follows,to wit:
A. To supervise all activity at said Airport and to assume all responsibility for all
activities thereon; to maintain such Airport records as may be required by the
City of Muscatine, to make those records available to the City at reasonable
times, and to provide the City with information as needed about the operation of
the Airport, to enforce any rules or ordinances of said City relative to said
Airport, to inspect and report any malfunctions to said City and any condition at
such Airport which may require correction or alteration; to operate and/or
properly inspect the Airport lighting, REIL, Weather Equipment, VASI, SFO,
and non-directional beacon systems; and to perform such other duties as may;
from time to time,be assigned by the City of Muscatine or which may reasonably
be required for the proper and safe operation of said Airport.
B. Provide for the Airport Terminal Building to be open seven (7) days per week
between the hours of 7:00 a.m. and 7:00 p.m., weather and conditions permitting,
excepting Christmas,New Year's Day,Easter,and Thanksgiving.
C. The Airport Manager or his representative shall attend all regular monthly
Airport Advisory Commission meetings unless excused by the Commission
Chairman or City Administrator. The Airport Manager is required to attend a
minimum of two-thirds(2/3)of all meetings in a calendar year.
09/03/2004 15:12 FAX 563 264 0750 CITY OF MUSCATINE 0003
4. The responsibility of repair and maintenance shall be divided between the City and the
Airport Manager under the following terms and conditions:
A. The City shall, at its expense, maintain and keep in good repair the Airport and
the exteriors of all buildings (as shown in Exhibit A)and improvements located
thereon(including,without limiting the generality of the foregoing, the runways,
taxiways, aprons, roadways, REIL, Weather Equipment, SFO, VAST, non-
directional beacon, field lighting, plumbing, heating, electrical fixtures, and
utility lines and connections) and shall provide all necessary paint, all without
expense to the Airport Manager. The facilities shall be maintained in such a
manner that they may be reasonably used for the purpose for which they were
constructed, provided that further maintenance of Building F, commonly known
as the"Community Hangar"shall be at the sole discretion of.the City.
B. The Airport Manager shall, at his expense, furnish labor for all painting inside
the buildings on the Airport and labor for minor repairs that are of such nature
that they can be performed by regular employees at the Airport. The Airport
Manager shall, at his expense, keep the Airport Terminal Building (A)
reasonably clean and orderly.
C. The Airport Manager shall as often as may be reasonably necessary and remove
weeds around all buildingq and hard surfaces at the Airport.
D. The Airport Manager shall remove from runways and lighting system, taxiways,
ramp, and hangar areas all snowfall up to and including six inches (6") which
falls within twenty-four(24)hours.If more than six inches(6") of snow falls in a
twenty-four(24) hour period,the City shall assist with the removal of said snow
from parking lots, runways, taxiways, ramp, and hangar areas. After six inches
(6") of snow, the City, as soon as reasonably possible, shall furnish such
equipment and manpower as is reasonably necessary to remove snow from the
runways to a point beyond the lights, from all of the taxiways, ramps, hangar
areas, and parking areas to storage or waste areas so said snow will not further
impede the functions of the Airport. Local snowfall amounts shall be determined
by the National Weather Bureau at the Quad City Airport, as provided by the
City's Waste Water Treatment Plant.
E. The City shall provide and maintain the equipment it deems necessary and proper
to facilitate the removal of snow and ice. The City shall also pay, on a monthly
basis, for the fuel used in said equipment which shall be obtained from records
approved by the City,with such being identified by date, amount,and vehicle.
F. The City will pay for all utilities, including electricity, gas, water, sewer, and
refuse collection for all the buildings and facilities on the Airport, except the
Maintenance Hangar (Building B) and Community Hangar (Building F) which
are leased by the Fixed Base Operator and such buildings which are on the
Airport by special agreement listed in Exhibit C.
Cr. The Airport Manager shall make no alterations to any buildings or facilities at the
• Airport without the approval of the City.
09/03/2004 15:12 FAX 583 264 0750 CITY OF MUSCATINE 40004
H. The services performed by the Airport Manager under the terms and conditions
hereof shall be to the standard that a reasonably prudent person would expect
from a qualified Airport Manager.
•
5. The City of Muscatine will provide general liability insurance, and fire and theft on the
buildings and grounds of the Airport in such amounts that the City caries for other
municipal facilities. The Airport Manager shall carry the following insurance coverage
for his operation,including all employees employed by him:
A. Workers compensation insurance, including Employer's Liability and
Occupation Disease covering all Iowa employees for statutory Iowa benefits who
perform any of the obligations assumed by the Airport Manager under the
Agreement.The policy will contain a broad form,all-states endorsement.
a. Comprehensive General Liability, including independent contractors, completed
operations and products, contractual liability, broad form property damage, and
personal injury. Coverage must meet the following limits. Deductibles on bodily
injury are not acceptable:
Coverage
• Combined Bodily Injury, Death, or Property Damage - $500,000 each
occurrence and$1,000,000 aggregate
• Umbrella Liability Coverage-$3,000,000
The Airport Manager shall provide the City of Muscatine a certificate of
insurance evidencing that such insurance has been furnished, and the same will
not be cancelled without thirty (30) days notice to the City. During the term of
this Agreement, the City will annually review the insurance limits to assure the
limits are in accordance with City policy and reserves the right to request the
Airport Manager to increase the above insurance limits provided thirty (30) days
prior notice is given by the City.
6. The rental of the tee hangars are one (1) through nineteen (19) located in Buildings H, I
and 7 will be the responsibility of the City; however, the Airport Manager will assist the
City with the enforcement of the Rules and Regulations attached hereto as Exhibit)), and
as amended from time to time, and with the provisions of the hangar lease agreement
attached as Exhibit E. Hangar Buildings C, D, E, and hangar number twenty (20) in
Building 7 are leased by Special Agreements with the City; however, the Airport
Manager shall assist the City with the enforcement of the provisions of the Agreements as
listed in Exhibit C.
7. As compensation for such services to be rendered by Carver Aero Inc., the airport
management services of the Muscatine Municipal Airport,the City shall pay the sum of
$40,000 per year for the next five years payable in equal monthly installments.
Negotiation for any alterations in this Agreement shall be undertaken no later than
November 1 of each fiscal year. At the conclusion of the five-year (5-year) contract for
services, the City and Carver Aero Inc. will begin negotiations for any renewal or
extension of services beginning November 1,2004.
09/03/2004 15:12 FAX 563 264 0750 CITY OF MUSCATINE 141005
8. The City reserves the right,but shall not be obligated to the Airport Manager to maintain
and keep in repair, the landing area of the Airport and all publicly owned facilities of the
Airport.
9. The City reserves the right to further 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 the Airport Manager.
•
10. The City reserves the right to take any action it considers necessary to protect the aerial
approaches of the Airport against obstruction, together with the right to prevent the
Airport Manager from erecting, or permitting to be erected, any buildingor other
structure on the Airport, which, in the opinion of the City, would limit the usefulness of
the Airport or constitute a hazard to aircraft.
11. The City shall furnish and maintain, at its expense, such equipment as is necessary to
maintain an official weather station at the Airport to whatever extent is necessary to
• qualify for FAA approval.
12. The City shall have the right to enter into an Agreement with the United States
Government for military aircraft or naval use of part or all of the landing areas, 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.
13. This Agreement shall be subordinate to the provisions of any existing or future agreement
between the City and the United States, relative to the operation 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 said Airport
14. Right of Termination. The City may elect to terminate this Agreement for the default by
the Airport Manager of the terms and conditions hereof on giving thirty(30) days written
notice to the Airport Manager of the intention to terminate as follows:
A. The City shall give ten (10) days written notice to the Airport Manager of the
default and if the default has not been corrected within twenty (20) days
thereafter,this Agreement shall terminate at the option of the City.
B. The adjudication of the Airport Manager as a bankrupt, or the initiation of
bankruptcy proceedings by the Airport Manager or its creditors without a
subsequent dismissal thereof within thirty (30) days shall terminate this
Agreement at the option of the City.
15. Non-waiver of Rights or Remedies. The failure of the City to insist on a strict
performance of any of the terms and conditions hereof shall be deemed a waiver of the
rights or remedies that the City may have regarding that specific instance only, and shall
not be deemed a waiver or any subsequent breach or default in any terms and conditions.
09/03/2004 15:13 FAX 583 264 0750 CITY OF MUSCATINE It?j006
16. Notices. All notices to be given with respect to this document shall be in writing, shall be
sent by certified mail, postage prepaid and return receipt requested, to the party to be
notified at the address set forth herein or at such other address as either party may from
time to time designate in writing. Every notice shall be deemed to have been given at the
time it shall be deposited in the United States mail in the manner prescribed herein.
Nothing contained herein shall be construed to preclude personal service of any notice in
the manner prescribed for personal service of an original notice or other legal process.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures the day and
year first shown above.
CITY OF MUSCATINE
Richard W. O'Brien,Mayor
•
ATTEST:
A.J.Johnson,City Administrator
CARVER AERO INC.
Roy J. Carver Jr.
APPROVED by the City Council this 15th day of June,2000.
Al Johnson,City Administrator
09/03/2004 15:11 FAX 563 264 0750 CITY OF MUSCATINE VII oat
CITY OF MUSCATINE
Fax cover sheet
City Hall
215 Street Sycamore FAX 563/264-0750
Y I�I� sl �I
Muscatine, IA 52761-3899 Telephone 563/264-1550
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Date: ( - 3- G 4
To: ate bu.Lek
Company: ""J ut- =WA atY
Telephone:
Fax Number: 3 (eta 3 S o ^ goocir
# of Pages: 1
From: A • J - ___ csifru 'cD1./
Department
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City of Iowa City
MEMORANDUM
TO: Airport Commission
FROM: Susan Dulek, Assistant City Attorn
DATE: September 3, 2004
RE: Agenda and Packet for Sept. 9 Meeting
Enclosed please find copies of a draft agenda and the packet. I will send you via email a •
copy of the final agenda after the Chairperson approves it.
I should add that the T-hangar lease is the copy that was in the packet for the August 12
meeting. The handwritten notes are mine.
Enc.