HomeMy WebLinkAbout04-10-2003 Airport Commission RECREATED FROM
COMMISSION
MEMBER
MEETING
PACKET
Item : Apr; i ,o, zco3 nc)eer � rN ��
IOWA CITY AIRPORT COMMISSION
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
THURSDAY, APRIL 10, 2003-5:45 P.M.
I. Determine Quorum
II. Changes/Amendments to Minutes of the March 13 and February 17, 2003 meetings
III. Payment of Expenditures
IV. Public Discussion—Items Not on Agenda
V. Items for Discussion/Action:
a. Jet Air lease amendment—Buildings D&H
b. Aviation Commerce Park(ACP)
1. Iowa Realty April report
2. Rob Nichols lease
3. Other issues
c. Hagen property—sale/lease
d. Obstruction mitigation project(consultant-Stanley Engineering)
e. Environmental Assessment(consultant-H.R. Green Co.)
f. Strategy plan project(consultant ABS)
g. Hangar#31 ! leases
h. IDOT funding
1. Vertical Infrastructure fund
2. Airport Improvement Program
VI. Chairperson's Report
VII. Commission Members' Reports
VIII. Administrative Report
IX. Set Next Regular Meeting for May 8, 2003 at 5:45 p.m.
X. Adjournment
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Agenda summary- 10 April 03
a. Jet Air lease—Ron Duffe will present an update on Jet Air and how the business is doing.
In order to rearrange space at the airport for the Civil Air Patrol,the airport operations
and Jet Air,Jet Air would exchange part of building D for part of building H. Jet Air
would then like the change in space clarified in their master lease.
b. Aviation Commerce Park-Tracy Overton will present his monthly marketing report to
the Commission. O'Neil will update the Commission on the fill dirt project.The
Commission and Dulek will discuss legal options for recovering unpaid rent from Rob
Nichols.
c. Hagen property—this is a parcel of property between Hargrave Mceleney and Berg Auto.
Both have expressed interest in the property.
d. Obstruction removal project—Dulek,O'Neil and Donnelly met on March 31 to finalize
the letter to the property owners. The letters are ready to be mailed to the property
owners where the obstructions are located.
e. Environmental Assessment-. If there are any issues to update,someone from H.R.
Green could be there to answer questions. If any Commission member has questions
concerning the project,I will arrange to have someone at the meeting from H.R.Green.
The noise study and historical review have been sent to the FAA.
f. Strategic planning—subcommittee report—The signed contract,the first payment,and
the Notice to Proceed were sent to ABS on April 1. The Commission will need to
schedule a time for the initial meeting with ABS,decide on how many information
meetings to have for the project,and who will facilitate them. Ellis will present
information to the Council on April 8.
g. Hangar#31 ! leases—The leases for hangar#31 and#33 expired on February 28.
At the March meeting,O'Neil said there were some non-substantive changes requested
by the tenants. The consensus of the Commission was that they wanted to review the
changes. The amount of the rent increase is not in question.
h. If applications are to be made to the Vertical Infrastructure program and/or the Iowa
Department of Transportation Airport Improvement Program,a resolution of support for
the applications will need to be submitted. At this time, it does not look like the State
will fund any AIP projects for this fiscal year.
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY,MARCH 13,2003—5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Michelle Robnett,Randy Hartwig,Alan Ellis,Baron Thrower,Rick
Mescal
STAFF PRESENT: Sue Dulek,Ron O'Neil
CALL TO ORDER:
Vice-chairperson Ellis called the meeting to order at 5:46 p.m.
ELECTION OF OFFICERS
Dulek provided the Commission with information on how they could proceed with the election of
officers. She said they could appoint O'Neil to clerk the meeting until a chairperson was elected.
They could also vote by ballot or by voice vote. Mascari made a motion to have O'Neil clerk the
meeting until a chairperson was selected. Robnett seconded the motion and the motion passed 5
—0.
O'Neil asked the Commission if they wanted to vote by ballot or voice vote? The consensus was
to vote by voice vote. O'Neil asked for nominations for chairperson. Mascari nominated Ellis.
Robnett seconded the nomination. Thrower nominated Mascari. Ellis seconded the nomination.
O'Neil asked for other nominations. Robnett made a motion to close nominations. Mascari
second the motion and it was passM.5—0. O'Neil called for a vote on the Ellis nomination. The
vote was 4—0. Thrower made a motion to withdraw his nomination of Mascari. Robnett
seconded the motion and the motion was passed 5—0.
Ellis asked for nominations for vice-chairperson. Robnett nominated Thrower as vice-
chairperson. Hartwig seconded the motion.Mascari nominated Robnett. Ellis seconded the
motion. Ellis called for a vote on the Thrower nomination. The vote was 3—0,with Thrower
abstaining. Mascari withdrew his nomination of Robnett. Robnett seconded the motion and it
was passed 5-0.
APPROVAL OF MINUTES:
The minutes of the February 13,2003,Commission meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Mascari asked about the bill for repair of the north access gate? He said he thought the bill was
high. O'Neil said the cost was for the keypad that Mascari wanted replaced. Mascari asked
about the heat exchanger in the Terminal Building. O'Neil said the building has three heat
exchanger units and the one for the north end of the building had air in the boiler line and the air
in the line had to be purged. Mascari made a motion to pay the bills. Robnett seconded the
motion.The motion passed 5-0.
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PUBLIC DISCUSSION—ITEMS NOT ON AGENDA:
David Hughes,from Earth Tech,said the bids for the extension of Mormon Trek were due in
May. He was at the meeting to answer any questions the Commission had about the project.
Mark Anderson said he had applied for the Airport Zoning Commission.
Ellis welcomed Randy Hartwig to his first meeting as an airport commissioner.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park(ACP)—O'Neil said Tracy Overton,from Iowa Realty,was on
vacation and would not be at the meeting. O'Neil said Overton's monthly report was in the
Commission packet and if there were any questions,he would be back in town next week.
Mascari said he thought there were people lined up to purchase the property and were only
waiting for the waiver from the FAA. O'Neil said there was one offer reviewed and a
counter-offer given. There are two interested parties that have both said they will be
submitting offers. One of the businesses interested in lots#16 and#17 has decided to look
elsewhere. O'Neil said if anyone has questions for Overton,let him know and he would
contact Overton when he gets back from vacation.
b. Obstruction mitigation project- Mice Donnelly,from Stanley Engineering,updated the
Commission on the project Donnelly said he would take direct charge of the project and
will be the contact person for Stanley. He said all of the obstructions have been identified
and cost estimates for mitigation have been determined. Stanley is now ready to contact the
property owners of the obstructions to set up meetings to discuss the mitigation. Donnelly
said a draft letter has been prepared and will be reviewed by Dulek and O'Neil before it is
sent to the property owners.
Stanley will meet with the property owners and after meeting with the owners,give a formal
report to the Commission. All contact with owners will be made with Stanley employees
that live in the Iowa City area and are familiar with the community.
Donnelly said there was an invoice sent to the Airport that did not accurately reflect the
percentage of the project that has been completed. He said he had not reviewed the invoice
before it was sent out He asked the Commission to disregard the invoice and a corrected
one would be sent.
Mascari asked what would happen if a property owner does not agree to have the obstruction
mitigated? Donnelly said they would work with all owners to accomplish the mitigation. He
said the Airport has a finite amount of money and he does not want to spend all the Airport's
time and money on just a few difficult cases. He said this is a safety project and the
designation of something as an obstruction is for the protection of the people on the ground
as much or more than the people in the aircraft. He said it would be presented as a safety
benefit to the community to remove the obstructions.
Mascari said that sometime at his body shop,they have a problem that they can not figure
out on their own. He asked Donnelly if Stanley has outside resources they could call for
help?Donnelly said there are about 700 people that work for Stanley,all over the United
States and they are available as a resource for his office. Donnelly said most projects have
problems. What he tries to avoid is having surprises. O'Neil said he was satisfied with the
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course of action Donnelly has proposed to continue on with the project. He said the
Commission should express any concerns they have. O'Neil said the project is at a point
where the property owners are to be contacted. Good public relations will be critical. Ellis
said that when Stanley was interviewed,one of their selling points was that Stanley said they
had a group of people that were very strong in public relations. To finalize the obstruction
list,Donnelly will work with his staff and relay the information to O'Neil. If there is an
impasse on removing an obstruction,the Commission will be informed and asked for their
opinion.
Robnett asked what landowners would do that can't afford to have the obstruction mitigated?
Donnelly said the purpose of the grant is to pay for mitigation of the obstructions. Donnelly
said there would be two different letters. If an obstruction is man-made,the owners will be
required to show they had an air space study done by the FAA. If they haven't,they may be
in violation of federal airspace and mitigation of the obstruction should be at their expense.
Mascari asked how much aviation experience Stanley has? Donnelly said they have aviation
experience throughout the United States. He said their base of work is with municipalities.
Ellis asked if Stanley would be available to present information to the Council if necessary?
Donnelly said Stanley would be available and he would be the contact person. Ellis said he
is comfortable proceeding on the path they were on.
Mascari wanted to know how Stanley would determine how much a tree would be worth?
Donnelly said the IDOT has a schedule that shows the value of certain kinds and sizes of
trees. He said there are other ways to determine values.
Ellis asked if the Commission could terminate Stanley's contract if they were not satisfied
with the progress of the project. Dulek said there was termination language in the contract.
Mascari said this is an important project for the Airport. He said negotiations with the public
are going to be important Mascari said he would like to make a motion to terminate
Stanley's contract There was no second to the motion.
Robnett said she is comfortable with the job Stanley is doing and is glad that Donnelly will
be the point of contact
Ellis said he would be at the next Council meeting to give them an update of the obstruction
mitigation.
O'Neil reminded the Commission that the grant is not to reimburse the owners of
obstructions for the value of the obstruction. The grant is for the cost to remove or otherwise
mitigate the obstruction. If the Commission would want to reimburse someone for an
obstruction,local money would need to be used.
c. Environmental Assessment project—Richard Blum,from H.R.Green,said two sections of
the project were completed and submitted to the FAA for review. The noise section and
historical analysis have been completed. Green has concluded that they do not think there is
or should be a historical district on the Airport. On the noise study,there is a small area of
the 65dn1 noise contour that is not on Airport property. The noise generated by the airport is
not significant. But as this area is developed,the noise level will increase because of the
additional traffic. Blum said Green could draft of letter to Karin Franklin to make her aware
of the potential impact to the area to be annexed. Ellis asked Blum to send a letter to
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Franklin,outlining the potential problem. Blum said he does not think this is an airport
problem,but the Planning Department may be interested in the information. The
Commission will be copied on the letter.
O'Neil asked if Green was still on schedule to get the information to the FAA to meet the
2003 fimding deadline? Blum said Green would have the information to Kansas City in
ApriL Blum said the ALP is stilt in Kansas City being reviewed. He said the ALP under
review more closely matches the Airport Zoning code.
d. Hangar#31 and#33 leases-O'Neil said that the tenant in hangar#33 had some minor non-
substantive changes to the lease. O'Neil wanted to know if the Commission wanted O'Neil
to initial the changes and have the tenant complete the lease. The tenant for hangar#31
wanted to keep the language of the old lease,updating the term and the rent Robnett asked
if the Commission wanted a universal due date? O'Neil said there is a universal date for the
one-year t-hangar leases. The leases under consideration are multi-year leases.
Mascari asked if the offices are limited to aviation uses? O'Neil said the purpose is to
eliminate operating unauthorized businesses from the hangar office. Ellis said that if the
tenants have changes,they should propose them to the Commission. All the leases would
then be changed. The changes would be offered to the tenants that have active leases. If
they did not want to change,the new language would be incorporated into the next version of
the lease.
O'Neil said this could be on the agenda for the next meeting.
e. Vertical Infrastructure grant-Buildings B and C—O'Neil said the contract to develop
the plans and specifications is ready to go and he wanted the Commission to authorize a
Notice to Proceed. Mascari said this was a 70/30 grant,with the IDOT maximum share
being$50,000. Mascari made a motion to send H.R.Green a Notice to Proceed for the
Vertical Infrastructure project for Buildings B and C. Robnett seconded the motion and it
passed 5—0.
f. Strategic planning—subcommittee—Robnett circulated a copy of the subcommittee
meeting minutes from the February 17 meeting. She said that she thought the Scope of
Services developed by Dulek and O'Neil was very complete. Thrower asked if individual
people should be named for the groups ABS is to contact? Robnett said she thought just
listing the contact group was adequate,with additional names supplied directly to ABS.
Ellis had two changes he wanted to make. He wanted to include additional language to the
section that describes the goals of the Commission. The other change was to increase the
expenses from$3000 to$5000 or not put a cap on expenses. Robnett said she agreed with
Ellis. She said she had priced facilitators and thought ABS could facilitate for the same price
or less than some of the local facilitators. Dulek suggested that ABS give a timeline for
accomplishment of the goals. Thrower said the minutes of the meeting with the Council
should be reviewed to see if there was a dollar amount for expenses discussed with the
Council.
O'Neil said if there is to be anything over the$15,000 number,a letter should be sent to
Council confirming that the funding is there. He said the letter and Scope of Services that
was given to the Council indicated the expenses would be up to 20%of the$15,000 fee.
That is where the$3,000 number came from. O'Neil said that it should be reinforced with
4
Council that it would be the$15,000 plus 20%. He said that if the Commission anticipated it
would be more than the$3,000 in expenses,they needed to discuss that with Council. Ellis
will review the transcript and see if there was any specific expense numbers discussed.
Robnett asked where the 20%number was generated? O'Neil said it was in the cover letter
sent to the Council. Dulek said she could not recommend a contract with no cap on
expenses. Mascari said he thought the cap should be$3000. Ellis said he wanted flexibility
in case the expenses were above the 20%. Dulek said if ABS is to be the facilitator,that
should be spelled out in the contract Ellis said ABS would facilitate at the meeting while
they are here,but a local facilitator would be needed if the Commission holds additional
meetings without ABS present Thrower said he did not think the Council authorized
anything above the$15,000. He said he thought they were expecting a completed project for
$15,000.
There was discussion on the contents of the contract Mascari said he thought the Scope of
Services included more than ABS proposed. O'Neil said the Commission should ask for
what they wanted. If ABS does not agree,the Commission could negotiate with them and
get as much as they can for the$15,000 fee. Thrower agreed that there was room for
negotiation and the Commission should ask for what they wanted.
Thrower made a motion to accept the agreement as proposed. Robnett seconded the motion
and it was approved 5—0. Ellis said he would like to see the agreement before it is sent.
O'Neil said he would e-mail a copy to the Commission after the changes were made that
were suggested by the Commission.
CHAIRPERSON'S REPORT:
Ellis thanked the Commission for electing him chairperson. He said he anticipated some changes
would come out of the ABS report. He said he wanted to make a slight change to the way the
agenda items were discussed. Ellis thanked Hartwig for applying for the Commission. Ellis said
he hoped the ABS report would give some insight on what could be discussed in the Commission
members'reports.
COMMISSION MEMBERS'REPORTS:
Mascari welcomed Hartwig to the Commission.
Mascari said there was a letter in the packet that said the State was in charge of new approaches.
Robnett said the State is just a conduit for the FAA. Mascari asked if Iowa City had applied for a
precision approach? O'Neil said the Commission does not have an ALP with an approach slope
that would allow for a precision approach. The ALP was changed from a 50:1 to a 34:1 because
the Airport has too many obstructions for a 50:1 approach. Mascari said he really wanted the
instrument approach. O'Neil said that until the obstructions are mitigated,a precision approach
could not be sighted. O'Neil said he would contact IDOT and discuss whether it would be
beneficial to have a request form on file.
Mascari asked about the moving the Manager's office to the Terminal? O'Neil said this was
something discussed briefly at the Council/Commission meeting. O'Neil said he sent a letter to
Jet Air,asking if there was space in the Terminal they would be willing to give up. He said he
talked with Ron Duffe from Jet Air and Jet Air is using all their leased space. O'Neil said he is
negotiating with them for space in Building D. That would make the Manager's office more
5
assessable and allow for office space in Building G for the Civil Air Patrol. Dulek said that if the
Commission wanted to discuss this in more detail,it should be an agenda item.
Mascari thanked Thrower and Robnett for nominating him for chairperson.
Robnett said the subcommittee would be working closely with ABS on the Strategic Business
Plan.
Thrower said there were some incorrect telephone numbers on a contact list memo. O'Neil said
he would make the corrections.
ADMINISTRATIVE REPORT:
O'Neil asked the Commission if they were interested in changing the rules for the meeting room?
There was a request that the room fees be waved for anyone based at the Airport. The
Commission indicated that they were not interested in changing the room policy at this time.
The owner of Berg Auto inquired about leasing the Airport property next to him. Robnett asked
about Hargrave Mceleney's interest in the same property? She said the Commission had
discussed selling or leasing the property to them. O'Neil said he would have this as an agenda
item at the next meeting. Ellis said he thought Hargrave was going to come back to the
Commission with a proposal.
There is a bill before the State legislators that would increase the tax on aircraft. O'Neil said he
doesn't know if the bill made it out of committee.
O'Neil said he was at a meeting in Ames most of the day to review proposals to select a •
consulting firm to update the Iowa Aviation System Plan. He said the IDOT committee that he is
on would be interviewing firms on April 10 or 11. The project will last 12 to 15 months.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for April 10,2003,at 5:45 p.m.
ADJOURNMENT:
The meeting was adjourned at 8:04 p.m.
Alan Ellis,Chairperson
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Airport Commission Meeting Minutes
Monday,February 17,2003
Start: 12:30pm
End: 2:45pm
Present:Alan Ellis, Michelle Robnett(recorder),Baron Thrower
Agenda and Discussion
1. Quorum established.
2. No public discussion.
3. Strategic plan project discussion and action:
a. Alan Ellis,three goals for airport strategic planning are-
i. Generate sufficient revenues to become self-sufficient,
ii. Create a strategic plan vision,
iii. Include a review and recommendations for change in each of the
following areas:
1. current management practices,
2. current policies and procedures,
3. current lease and rental agreements
iv. Create a detailed plan for implementing the Strategic Business
Plan.
b. Baron Thrower stated the description of services provided in the ABS
document for a Strategic Business Plan can be identified as the
deliverables expected from the Iowa City Airport Commission.
c. Baron Thrower provided a list of outside entities that should be asked to
provide input to the strategic plan. Michelle Robnett and Alan Ellis
provided additional input for a final revised list.
d. The Commission sub-group decided to use ABS as the facilitator for the
strategic business planning process because their rates,$150-$195 were
comparable to informal quotes given by potential local facilitators. Given
that a local facilitator would have to become familiar with ABS's process,
the sub-group determined that it would be most efficient and expeditious
for ABS to serve as facilitator for their own strategic planning process.
e. During the meeting,a phone call was made to ABS. ABS was asked at
that time to serve as the facilitator.
f. The Commission sub-group discussed Ron O'Neil's involvement in the
strategic business planning process and decided that the Airport Manager
must be closely and integrally involved in the strategic planning process
since he was the source for airport documents,history,and management,
and will also be the individual to operationalize and implement the
strategic business plan for the Airport. This will also keep ABS expenses
to a minimum because the Airport Manager is knowledgeable about both
the airport and city management processes.
g. The Commission sub-group also defined the commissioners role as city
council appointed,unpaid volunteers that will provide broad policy and
guidance agent in the strategic business planning process and future
airport growth. Mr. O'Neil is the Airport Manger and will be expected to
operationalize and implement the final plan to its fullest extent. This
expectation will be included in Mr. O'Neil's future yearly performance
evaluations, and it is expected that Mr. O'Neil will perform stellarly!
With the expert assistance of these airport consultants the commission
sub-group believes Mr. O'Neil has all the requisite skills and ability to
operationalize the goals and plan as developed for the Iowa City Airport as
outlined above.
i. Generate sufficient revenues to become self-sufficient,
ii. Create a strategic plan vision,
iii. Include a review and recommendations for change in each of the
following areas:
1. Current management practices,
2. Current policies and procedures,
3. Current lease and rental agreements
iv. Create a detailed plan for implementing the Strategic Business
Plan.
c:\my documents\michelle docs\airport commission meeting 2 17 03.doc
IOWA CITY AIRPORT COMMISSION
April 2003 Airport Expenditures Account 46110 Amount
116483 Larew Company Urinal repair-Bldg E $ 83.48
116484 Commercial Towel Feb.service 44.10
116485 Midwest Janitorial March service 185.00
116487 Airport Business Solutions Business plan,paymt.#1 5000.00
116488 Johnson County Recorder ACP subdivision-record 46.00
116470 City of Iowa City Sewer&water—Mar. 118.78
Account 37440
116486 H.R.Green EA payments#5,#6 35,986.70
Account 37450
116490 Stanley Consultants Obstruction mitigation paymt#3 15,820.00
The above listed expenditures were approved for payment at the Iowa City Airport Commission
meeting on April 10,2003.
Chairperson
Vice-chairperson
BARASH & EV RETI', LLC Barry M.Barash
Jamie L.Ross
Reynolds M.Everett,Jr.(Galva)
Attorneys at Law Keith A.Luymes(Galva)
Mark D.Munson(Kewanee)
256 South Soangetaha Road,Suite 108 Telephone: 309.341.6010
Post Office Box 1408 Facsimile: 309.341.1945
Galesburg, Illinois 61402-1408 E-mail: barashb@barashlaw.com
October 29, 2001
Iowa City Airport Commission BY UPS Next-Day Air
Attn: Mr. Ronald J. O'Neil, Secretary
1801 South Riverside Drive
Iowa City, IA 52246
RE: Iowa City Municipal Airport Commission -Jet Air, Inc.
[Lease dated November 1, 2001]
Dear Ron:
I am returning the signed copies of the lease per your letter of October 24.
Phillip Wolford and I plan to be present on November 1 at the public hearing. If the time
changes, please let us know.
Sincer-ly,
4
BARR M. BARASH
Executive Vice-President
Jet Air, Inc.
BMB/pam
Enclosures
cc: Harrel W. Timmons
Offices In Galesburg,Galva,and Kewanee
Galesburg•256 S.Soangetaha Rd.,Suite 108,PO Box 1408,Galesburg,IL 61402-1408•Tel.309.341-6010•Fax 309.341.1945
Galva•110 N.Exchange Street,PO Box 165,Galva,IL 61434•Tel.309.932.2001 •Fax 309.932.3151
Kewanee•211 W.2nd St.,Kewanee,IL 61443•Tel.309.852-5555•Fax.309.853.8135
IOWA CITY MUNICIPAL AIRPORT
FIXED BASE OPERATOR'S AGREEMENT
This agreement, is made and entered into this 1st day of November, 2001, by and between the Iowa City
Airport Commission, (hereinafter " Commission"), whose address for the purpose of this lease is 1801
South Riverside Drive, Iowa City,Iowa,52246,and Jet Air, Inc., (hereinafter"JA"),whose address for the
purpose of this lease is Municipal Airport, 58 Illinois Route 164, Galesburg, Illinois 61401,
WITNESSETH THAT:
1. Term. This lease shall be in effect for five (5) years beginning the 1 day of January, 2002, and
ending the 31 day of December,2006. JA is granted an option to lease the premises for up to four
(4) additional five (5) year terms. IA will notify the Commission in writing 120 days before the
end of the initial lease of their intentions for the second five-year term, and likewise, for each
succeeding five(5)year option. .
Hours of operation:
Front office: Sunrise to sunset-7 days a week
Fuel: Sunrise to sunset and after regular hours
Phone:Manned 24 hours a day,7 days a week
•
Charter/ambulance:24 hours a day, 7 days a week
•
2. Rent. IA agrees to pay the Commission rent for the leased property as follows:
First three months No charge
Months 4- 12 $ 1000 per month
Months 13 -24 $ 1500 per month
Months 25 and thereafter. $3000 per month
Rent is payable on the first day of each month during the term of this lease. Payments received
•
after the fifteenth(15B)day of each month shall draw interest at 9%per annum from the date due,
until paid. The rent will be adjusted consistant with the increase or decrease in the Consumer Price
Index as each option is exercised.
Areas rented,as shown an Exhibit A,are as follows:
a. Building"E",to include first floor offrces(Rooms#115-118, 103, 104,and 108)and
service counter(#114),pilots lounge(#110),and vending machine room(#105). This does
• not include the public areas on the first floor or the entire second floor of the building.All
utilities for Building E are to be paid by the Commission.
b. Building"F",all utilities to be paid by JA.
c. Fuel site—JA shall pay$ .05 per gallon storage fee for fuel stored in the fuel tanks at the
southwest comer of Building"F'. In addition, JA will collect for the Airport Commission
a per gallon flowage fee of$.05 for each gallon of aviation and jet fuel delivered by IA'
supplier. These fuel flowage fees shall be paid monthly on the 1°day of each month for
the previous month's fuel deliveries. IA shall provide copies of receipts for all fuel
delivered and hereby authorizes the Commission to request and receive copies of all
receipts from JA' fuel supplier.The fuel flowage fee may be renegotiated if an extension
• is granted after the first five(5)years of this lease. The Commission will be responsible
for maintenance and insurance of the fuel tank site. JA will have control of the 100LL
2 •
and Jet A remote fueling stations and any future improvements to the fuel storage and
delivery system.
d. Included in the rent is use of all equipment in Buildings E and F currently owned by the
Commission, (e.g.weather data link,cable television access,flight service telephone).
Line and cable charges will be the responsibility of the Commission.
e. JA will provide all equipment necessary to operate a full-service FBO, (e.g. fuel trucks,
tugs,tow bars,APU,air compressor).
3. Non-exclusive right. It is agreed that nothing herein contained shall be construed to grant or to
authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act
of 1958, as amended, and the Commission reserves the right to grant to others the privilege and
right of conducting any activity of an aeronautical nature or otherwise.
4. Use of premises.JA covenants and agrees during the term of this lease to use and occupy the
property, facilities, and improvements located on the property described in attached Exhibit "A"
for the sole purpose of doing business as a Fixed Base Operator("FBO'). Interior mainteance of
property leased by IA shall be the responsibility of JA. Premises are to be kept reasonably clean.
Without limiting the scope of JA's obligation herein, JA 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. JA agrees to maintain adequate
heat to prevent freezing of pipes. JA, at its own expense, may make improvements but shall make
no structural alterations or improvements without first obtaining the Commission's written
approval of the plans and specifications. JA also agrees not to construct or attach any fixtures
.without first obtaining the Commission's written approval.
a. This will include all maintenance not considered as affecting the structure of the property
leased. JA shall not allow the premises or any improvements thereon to remain vacant or
unoccupied for a period often(10)or more consecutive days.
b. IA shall be responsible for property taxes,if any,on said premises and the improvements
thereon. IA acknowledges that the Commission does not and cannot make any
representation as to whether real estate taxes will be assessed against the leased property or
improvements thereon.
c. JA shall provide,at a minimum,those services necessary to qualify as an FBO under the
Iowa City Municipal Airport Minimum Standards for Commercial Aeronautical Activities
("Minimum Standards'). JA shall comply with applicable Minimum Standards for each
service provided. IA shall not provide any aeronautical activities beyond those set out in the
Minimum Standards without the prior written consent of the Commission. Fueling,aircraft
rental and training and mechanic services are considered mandatory.
•
d. JA shall not use the premises for any non-aeronautical services or activities,
except as follows and only to the extent allowed by applicable local,including
zoning,ordinances:
1. Automobile rental services;and
2. Restaurant.
'IA understands and agrees that no other non-aeronautical services or activies are permitted
3
or authorized at Iowa City Municipal Airport without the prior written authorization of the
Commission.
e. IA shall not use or permit the premises to be used for any unlawful purpose. JA shall comply
with all local, state and federal codes, including but not limited to the Iowa Department of
Transportation and Federal Aviation Administration rules and regulations. Vehicle and
equipment parking shall be limited to approved hard-surfaced areas and access to other areas
of the Airport shall not be obstructed.
f. All improvements tb the leased property shall become the property of the City of Iowa City
upon the expiration or termination of the original term of this lease unless otherwise
provided for by separate agreement.
g. JA will be responsible for snow removal of the sidewalks around their leased premises.
The Commission will be responsible for mowing the grass and snow removal of the public
areas,such as the entrance drive,parking areas,the taxiways and nmways,the ramp area
directly west of Building E and directly south of Building F.
5. Rules and Regulations. IA agrees that the Commission has the right to adopt and enforce
reasonable rules and regulations and that IA and all its employees;agents and servants will observe
and comply will all rules and regulations as may be adopted by the Commission,City of Iowa City,
the State of Iowa,or the United States of America.
6. Commission rights. The Commission further 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 IA 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 or violate any local,state,or federal laws or regulations.
JA shall provide an annual financial statement(at the review level)if requested by the Commission.
This shall be provided no later than thirty(30) days after JA receives a written request from the
Commission.
JA shall not act as an agent or represent itself as an agent of the Commission in any matter,
including those between the Federal Aviation Administration and the Commission.
7. IA rights. IA shall have the non-exclusive right to the use of the landing field,including the
runways,taxiways,lighting system,ramp and tie down area.
JA shall have the non-exclusive right to ingress, egress and unlimited access to the leased premises
and shall have peaceable possession and quiet enjoyment thereof during the term of this lease.
IA shall expect prompt response from the Commission on issues not anticipated in this lease.
8. Default of lease.If there be any default in the payment of fees as stated in this agreement or if JA
shall break any of the covenants and agreements contained herein,or shall willfully or maliciously
do injury to the premises or shall file a petition in banlmuptcy or have an involuntary petition in
bankruptcy filed against it or seek any other relief from creditors through a court of bankruptcy or
make an assignment for the benefit of creditors, the Commission shall have the right at any time
thereafter, with notice, to declare that the tenant is in default and that this Agreement has been
•
•
4
breached. Upon default,IA shall be liable to the Commission for all rent due through the remainder
- of the terms of this Agreement. his agreed that upon the occurrence of any default by JA under
this lease,the Commission shall have the right to distraint for rent and shall have a valid and first
lien upon any equipment located upon said premises as security for the payment of the rent and
other obligations herein provided for. JA agrees that after any default, it will not remove from the
premises any of its equipment, books of account or possessions until the accounts of the
Commission and JA under this lease have been finally and completely settled. No right or remedy
herein conferred upon or reserved to the Commission is intended to be exclusive or any other right
or remedy, and each and every right and remedy shall be cumulative and in addition to any other
right or remedy existing at law or in equity or by statute.
9. Advertising. IA agrees that no signs or advertising material shall be placed or erected upon the
leased premises without the prior written consent of the Commission. All signs and advertising
material shall be well maintained and in a readable condition. Any such sign or advertising material
that is determined by the Commission or City of Iowa City not to be in conformance with the City
of Iowa City sign ordinances shall be removed upon receipt of written notice.
10. Official notices.Notices to the Commission as herein provided shall be sufficient if sent by certified
mail,to the Airport Manager,Iowa City Municipal Airport, 1801 South Riverside Drive,Iowa
City,Iowa,52246. IA shall give the Commission notice when:
a. There is any abandonment or expected abandonment of any of the leased buildings or
premises.
b. When there is or is expected any breakdown in services or reduction or increase of services
for a period of more than 48 hours. Interruption of fueling service must be reported within
8 hours to the Airport Manager or an Airport Commission member.
c. When there is a change in the use of the leased premises or a planned or anticipated change
in the use of the leased premises.
d. When any'condition exists that may lead to major maintenance and repair of JA facilities
and equipment.
e. Any event in which the Commission may be subjected to a major loss, accident, inves-
tigation,or need of representation by a City official.
Notices to IA shall be sufficient if sent by certified mail to:Jet Air,Inc., Municipal Airport,58
Illinois Route 164,Galesburg,Illinois, 61401.
11. Insurance. JA shall procure and maintain for the duration of this agreement, insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
IA'operations and use of the leased premises.
JA 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
5
(1) Bodily Injury&Property Damage
Each Occurrence$1,000,000
JA's insurance carrier shall be A rated or better by A.M.Best. JA shall name
the Commission, and the City of Iowa City,as additional insured. JA shall
deliver to the Commission,within thirty(30)days of execution of this agreement,
Certificates of Insurance or copies of said policies.
Workers'Compensation: Statutory as required by the State of Iowa.
IA shall furnish the Commission with certificates of insurance acting coverage required by this
clause and the Commission and City of Iowa City shall be listed as additional insureds.The
certification shall provide for 30 days notice of any material change or cancellation ofthe policies.
12. Non-discrimination. IA covenants, in consideration of the right to provide aercal
servicessdiscriminatehall
at the Iowa City Municipal Airport, that IA, its employees, and agents, not color, creed,
against any person in employment or public accommodation because of race, religion,
gender identity, sex, national origin, sexual orientation, mental or physical disability, martial
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. JA shall
remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally
Assisted Programs oftlie Department of Transportation.
13. Assignment or Transfer. JA shall not assign or transfer this lease,or any interest herein,or
sublet the premises or any part thereof without the prior written consent of the Commission.This
agreement shall extend to and be binding upon the heirs,executors,administrators,trustees,
successors,receivers,and assigns ofthe parties hereto.
14. Changes to be in writing. This agreement shall not be modified,waived,or abandoned except in
writing duly executed by both parties. This agreement contains the whole agreement of the
parties,and is not assignable by either party without the written consent of the other.
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. Indemnification. To the fullest extent permitted by law,IA and the Commission and the City
of Iowa City,its agents,servants,and employees shall indemnify and hold harmless each of the
other parties against all claims,demands,and judgments,including attorney's fees,made or
recovered 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 JA, its agents,or sublessees or any one directly or indirectly employed by
any one of them.
17. Inspections. The Commission reserves the right to enter upon the leased premises at any
reasonable time for the purpose of making an inspection it may deem expedient. This may be done
at any time in case of an emergency and/or accompanied by an JA employee during regular hours
of operation.
• 6
18. FAA Provisions. For purposes of paragraphs(a)through(k)below,the Airport Commission shall
be referred to as the Commission and Jet Air shall be referred to as the IA.
(a) JA,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,JA,
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) JA,for itself;its 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 at 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 JA, 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 or current revisions thereof..
(d) IA 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 JA may make reasonable and non-discriminatory discounts,
rebates,or other similar types of price reductions to volume purchasers.
(e) Commission reserves the right(but shall not be obligated to JA)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 JA in this regard.
(f) 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 IA,and without interferences or hindrance.
(g) 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 JA from
erecting, or permitting to be erected, any building or other structure on the airport which in
the opinion of Commission would limit the usefulness of the airport or constitute a hazard to
aircraft.
(h) During time of war or national emergency Commission shall have the right to enter into an
7
•
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.
(r) 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 the Commission, its successors and assigns, for the use and
benefit of the public, a free arid unrestricted right of flight for the passage of aircraft in the
airspace above the surface of the premises herein conveyed,together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now known or
hereafter used for navigation of or flight in the air, using said airspace or landing at,taking
off from,or operating on or about the airport.
k The lease shall become subordinate to provisions of any existing or future agreement between
the Commission and the United States of America or any
agency
eythereof
oof relative
ch hase to
been or
operation,development,or maintenance of the airport,the execution
may be required as a condition precedent to the expenditure of federal funds for the
development of the airport.
IN WITNESS WHEREOF,the patties hereto have executed this lease as of the day and year
first above written.
IOWA CITY AIRPORT
�jCOMMISSION JET AIR, V.,an Minois Corpo
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By ///41
Bany Barash, - ecutive ice President
By.
�D/�,,✓ TI/7" at
Date: o l o\ Date: /v 2)-: ui
Approved by.
SDate: l l — 1— O f
City Attorney's Office
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;Exhibit A - Building E, first floor
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Exhibit A - Building E, second floor
HANGAR LEASE
THIS LEASE made and entered into this 25 day of October, 2001, by and between the IOWA
CITY AIRPORT COMMISSION of Iowa Johnson County, Iowa (hereinafter called the
"Commission"), and IOW Aero, Inc. (hereinafter called "IOW"), whose address for the purpose
of this lease Is 1801 South Riverside Drive, Iowa City, Iowa, 52246, contains the following
terms and agreements:
WITNESSETH
1. PROPERTY LEASED. The Commission agrees to rent to IOW and IOW agrees to rent
from the Commission Building D, (hereafter"Leasehold Premises") located at the Iowa
City Municipal Airport("Airport")
2. TERM. The term of this lease shall be for two and one-half (2.5) years, from December
1,2001, through May 30, 2004.
3. RENT. IOW agrees to pay to the Commission a monthly rent of $500.00, payable in
advance on the first day of each month beginning with December 1, 2001. The rent
amount shall be pro-rata for any rental period less than one (1) month. A 1.5% late fee
for rent not received by the Commission will be charged after the fifteenth (15) day of
each month.
4. POSSESSION. IOW shall be entitled to possession on the first day of the term of this
lease, and shall yield possession to the Commission at the date and dose of this lease
term, except as herein provided. Should the Commission be unable to give possession
on said date, IOW s only damages shall be a pro rata reduction and rebate of the rent
otherwise due.
5. USE OF PROPERTY. IOW agrees during the term of this lease to use and to occupy
the Leasehold Premises for storage and maintenance of aircraft, and all operations
permitted for an aero dub as defined in the Airport Minimum Standards. The office
area is to be used for aviation-related uses only. No outside storage of vehicles or
materials is permitted.
6. BUILDING MAINTENANCE. Commission agrees to be responsible for the structural
maintenance and the exterior upkeep of the buildings covered by this lease. IOW shall
be responsible for snow removal on sidewalks around said building and agrees to do so
in a prompt and efficient manner. Commission shall be responsible for mowing the
grass and for removing the snow on the ramp area at the east side of the building, at
no expense to IOW.
IOW agrees to be responsible for the interior maintenance of the hangar building
covered by this lease during the lease term. Without limiting the scope of IOW's
obligation herein, IOW agrees to keep faucets dosed 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 hangar building, to repair any damage to
electrical circuits due to overloading and to replace light bulbs. IOW agrees to maintain
the heating system to adequately prevent freezing of the water pipes. IOW may make
improvements to the building and may be reimbursed by the Commission for all or part
of the improvements. Reimbursement can be in the form of a temporary reduction in
rent Reimbursement amounts for the improvements must be approved by the
2
Commission before beginning the improvements. IOW shall be responsible for
maintaining the leased property in a clean and sanitary manner. IOW shall make no
structural alterations or improvements without first obtaining the Commission's written
approval of the plans and specifications. IOW also agrees not to construct or attach
any fixtures without first obtaining the Commission's written approval.
7. DESTRUCTION OF LEASEHOLD. If, during the term of the lease, any of the property
or Leasehold Premises are destroyed by fire or the element,the
e reent ther are yLe destroyed
d
so as to render them wholly unfit for occupancy, in
Premises cannot be replaced within two hundred and seventy (270) days from the
occurrence, then this lease shall be null and void from the date of such damage or
destruction, and IOW shall immediately surrender the destroyed premises and all
interest therein to the Commission. In the event of such surrender, IOW shall have no
obligation to pay rent for said destroyed Leasehold premises from the date of
destruction. In the case of partial destruction, wherein the Leasehold Premises can be
repaired within two hundred and seventy (270) days, IOW may continue to occupy the
premises while the repairs are being made, and the Commission shall repair the same
with all reasonable speed. If IOW chooses not to occupy said premises during the
repair period, no rent shall be due the Commission. Immediately after said repairs have
been completed, IOW agrees to pay rent to the Commission, as provided in paragraph
4 above. In the event the premises shall be only slightly damaged so as not to render
them unfit for occupancy, the Commission shall repair the same with all reasonable
speed, and the rent shall not cease during the period of repair.
8. UTILITIES. IOW agrees, at its own expense, to pay for the monthly costs of all utilities
for Building D under this lease.
9. REASONABLE CARE OF PROPERTY. IOW agrees not to permit or allow any of the
Leasehold Premises to be damaged by any negligent act or omission of IOW or its
employees, and agrees to surrender all rights, privileges and Leasehold Premises at
the expiration of this leave in as good condition as at the commencement of this Lease,
normal wear and tear excepted. IOW agrees to commit no waste and to permit no
illegal act on the Leasehold Premises, and further agrees to allow the Commission free
access to inspect the Leasehold Premises at all reasonable times.
10. INSURANCE. IOW shall procure and maintain for the duration of this agreement,
insurance against claims for injuries to persons or damages to property which may
arise from or in connection with IOW operations and use of the leased premises.
IOW 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 Iniury&Property Damage
Each Occurrence$1,000,000
IOW's insurance carrier shall be A rated or better by A.M. Best IOW shall name
the Commission, and the City of Iowa City, as additional insured. IOW shall
deliver to the Commission,within thirty(30) days of execution of this agreement,
3
Certificates of Insurance or copies of said policies.
Workers' Compensation: Statutory as required by the State of Iowa.
11. GRANT ASSURANCES. This Agreement shall be subordinate to the provisions of any
outstanding agreement between the Commission and the United States Government
and/or the State of Iowa relative to the maintenance, operation, or development of this
Airport. IOW specifically acknowledges and agrees 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.
12. CODE COMPLIANCE. It is agreed that IOW shall comply with all applicable provisions
of the Code of Ordinances of the City of Iowa City, Iowa. It is further mutually agreed
that IOW shall observe and obey all reasonable and uniformly applied Airport rules and
regulations for all airport users promulgated by the Iowa City Airport Commission and/or
the Airport Manager, together with any amendments or changes thereto, which have
application to the operations of IOW s business.
13. FUEL STORAGE. It is mutually agreed that no gasoline or other fuel or lubricating oil,
or any other flammable fluids, will be used or stored in or on Leasehold Premises,
unless properly contained in a parts-cleaning machine or metal cabinet and as
permitted by the Code of Ordinances of the City of Iowa City, excepting the fuel or oil
that may be contained within the functional pads of the aircraft itself or fuel distribution
equipment
14. MECHANIC SERVICES. IOW agrees that mechanics services will meet all Airport
Minimum Standards, as well as state and federal regulations.
15. INDEMNIFICATION. To the fullest extent permitted by law,IOW and the Commission
and the City of Iowa City, its agents, servants, and employees shall indemnify and hold
harmless each of the other parties against all claims, demands, and judgments,
including attorney's fees, made or recovered 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
IOW, its agents, or sublessees or any one directly or indirectly employed by any one of
them.
16. SEVERABILITY. In the event any covenant, condition, term or provision herein
contained is held to be invalid, the remaining portions shall be deemed severable and
shall remain in full force and effect
17. ASSIGNABILITY. This lease shall not be modified, waived or abandoned except in
writing duly executed by both parties. This Lease contains the whole agreement of the
parties, and is not assignable without the written consent of Commission. IOW shall not
sublet this agreement without written consent of the Commission.
18. NON-DISCRIMINATION. IOW covenants, in consideration of the right to lease
property at the Iowa City Municipal Airport, that IOW, its employees, and agents 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
4
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. IOW shall remain in
compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally
Assisted Programs of the Department of Transportation.
19. FAA Provisions. For purposes of paragraphs (a) through (k) below, the Airport
Commission shall be referred to as the Commission and IOW Aero shall be referred to
as IOW.
(a) IOW, 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, IOW, 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) IOW, 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 IOW, 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) IOW 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 IOW may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
(e) Commission reserves the right(but shall not be obligated to IOW) 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 IOW in this
regard.
5
(f) 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 IOW, 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 IOW from erecting, or permitting to be erected, any building or
other structure on the airport which in the opinion of 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.
() ft 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.
(I) 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 air raft in the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used for navigation of or flight in
the air, using said airspace or landing at, taking off from, or operating on or about
the airport.
(k) The lease shall become subordinate to provisions of any existing or future
agreement between the Commission and the United States of America or any
agency thereof relative to the operation, development, or maintenance of the
airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development of the airport.
COMMISSION: IOW:
IOWA CITY AIRPORT COMMISSIONIOWAAERO I C.
By: By: ,
By: A %cc By: ^,,,,fa A44 c 1.14 01,4
16)nJ i
Approved By� .��/�///J
_.. , i��5� 'k /0-a.S-0)
City Attorney d
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,
appeared and , to me
personally known, and, 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 and the voluntary act and
deed of the Commission, by it voluntarily executed.
Notary Public in and for the State of Iowa
IOW S 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
raaoe
AMENDMENT TO HANGAR LEASE
This Amendment to the Hangar Lease is entered into between the Iowa City Airport
Commission ("Commission") and IOW Aero, Inc. ("IOW').
WHEREAS, the Commission and IOW previously executed a Hangar Lease on October
25, 2001, in which they agreed to a lease term through May 30, 2004; and,
WHEREAS, the parties wish to extend the lease term for six months through December
31, 2004; and,
WHEREAS, Paragraph 17 of the Hangar Lease provides that the parties may modify it
in writing.
IT IS THEREFORE AGREED that Paragraph 2 of the Hangar Agreement is deleted in
its entirety, and the following new Paragraph 2 is substituted:
2. Term. The term of this lease shall be from December 1, 2001 through
December 31, 2004.
10 A • ITY AI: ' •RT COMMISSION
91/
6- za-fr+-
M= ' arson hhaai on date
Alan E lis, Secretary . date
1OW AERO, INC.
By: 'f` Uk c `�
Ronald D i/ ate
Approved:
City Attorney's Office
eI
er.--r.
-•t.ar�
City of
February 20,2002 /7 V
Mr. Ronald Duffe
IOW Aero Club, Inc.
1801 S. Riverside Drive
Iowa City, IA 52246
Dear Ron:
I am writing to clarify my comments at the February 14,2002 Commission meeting with regard
to IOW Aero Club, Inc.'s(hereinafter IOW)two agreements to provide a flying club.
A year ago,IOW entered into an agreement with the Commission to provide"a commercial
flying club at the Airport as defined in Paragraph V(H)" of the Minimum Standards for the time
period from March 15,2001 through March 14,2002. Paragraph V(H) of the Minimum
Standards in existence when said agreement was executed provided that a "commercial flying
club" was an entity that provided services "for its members and others." Therefore,IOW can
provide services under said agreement to non-members.
As you know,the Commission amended its Minimum Standards at the meeting on February 14.
The current Minimum Standards limit the services provided by a"commercial flying club"to
members only. Therefore,under the agreement with the Commission that begins March 15,
2002,IOW must limit its services to members only.
If you would like to discuss this further,please feel free to contact me at 356-5030.
Sincerely,
Susan Dulek
Assistant City Attorney
Copy to:
Iowa City Airport Commission
Ron O'Neil
410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 • FAX (319) 336-5009
AVIATION COMMERCE PARK
NAI IOWA REALTY COMMERCIAL
Status Report
By Tracy K. Overton,319-354-0989
April, 2003
Executive Summary:
Commercial real estate activity in the Iowa City area has been affected by the slowing
economy. Brokers,involved with commercial activity are saying first quarter 2003 is one
the slowest starts in recent years.
All our ACP prospects except one are dragging their feet and I believe are taking a wait
and see approach. One prospect has a continued interest in the possible purchase of two
lots. I will pursue this prospect and keep you updated as information develops. As I said
last month I continue to believe that ACP is well positioned to take advantage of
commercial activity as it re-emerges Iowa City.
Administrative Issues:
New Issues
Marketing Issues:
Advertising
On-going advertising continues for the leasing and/or sale of the ACP.
1. ACP sale information bas been sent to our offices in Cedar Rapids,Waterloo
and Des Moines.
2. Information on the local MLS system has been revised to include sales.
3. Information on the lot sales has been directly sent to each of the local real
estate offices.
4. Sale information on ACP has been included on our website
(www.iowacommercial.com).
5. We are advertising ACP every two weeks in the Iowa Realty Buyers Guide.
6. Sale information on ACP will be included on ICAD's"Available Land
Database".
Prospects
One prospects has a continued interest on two lots.
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,y,
q:'��� ats�' W �� ULTIMATE
t .. ' EASEMENT
N / »" 1r Q
IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone(319)356-5045
Memorandum
To: Steve Atkins
From: Ron O'Neil 6
Date: March 26, 2003
Re: Obstruction mitigation
Stanley Engineering has identified all the obstructions and prioritized the list for removal
or mitigation. Some obstructions may only need to be lighted instead of removed. A
letter to the owners has been drafted and is being reviewed by Sue Dulek. Sue and I
are meeting with Mike Donnelly from Stanley on Monday, March 31, to finalize the letter.
It will then be sent to all the property owners. Meetings will be scheduled with the
owners to discuss the obstructions and what needs to be done to mitigate them.
IOWA CITY MUNICIPAL AIRPORT
,_ 1801 South Riverside Drive Iowa City, Iowa 52246
aOffice Phone (319) 356-5045
x
March 14, 2003
Mr. Randy D. Bisgard
Senior Vice President
Airport Business Solutions
365 Arroyo Drive
Roswell, Georgia 30075-1258
•
Dear Mr. Bisgard:
Attached are two copies of an agreement to conduct a strategic business plan for the
Iowa City Municipal Airport. Please review the agreement. The Scope of Services is
based on your proposal dated October 23, 2002.
If you do not have any questions, sign both copies and return them to me for the
Commission's signature. A copy will be returned to you with your Notice to Proceed.
If you have questions, please contact me at(319) 356-5045 or e-mail at ron-oneilCWiowa-
citv.orq
Sincerely,
.0,D
Ronald J. O'Neil
Airport Manager
Cc: Airport Commission
Sue Dulek, Assistant City Attorney
•
C IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone(319)356-5045
Memorandum
To: City Council
From: Alan Ellis, Commission Chairperson ni
Date: March 17, 2003
Re: Airport Strategic Business Plan
The Commission has written the agreement and Scope of Services for Airport Business
Solutions to assist the Commission with a Strategic Business Plan for the Airport. The
agreement has been reviewed by the Ron O'Neil and Sue pulek and forwarded to ABS
for their signature. A copy of the agreement and Scope of Services is attached for your
information.
The cost of the project is $ 15,000, plus travel and other project costs. ABS will visit
Iowa City at least twice, the first to initiate the project and the second time to present the
results to the Council and the Commission. Project costs, in addition to the$15,000, will
• be approximately 20% of the base sum. Anything more than 20%will require pre-
approval by the Commission.
As soon as the Commission receives a signed agreement, a Notice to Proceed and the
initial$5,000 will be sent to ABS. Within 90 days of the Notice to Proceed,ABS will
present a draft Strategic Business Plan for Commission review and public comment. •
Depending on the number of public meetings scheduled to gather information and solicit
public comments, additional funding may be required for a facilitator. This will be
determined after the first meeting with ABS.
If you have any questions, please contact me at 338-1051 or the Airport Manager at
356-5045.
Cc: Airport Commission
Steve Atkins, City Manager
Ron O'Neil,Airport Manager
Sue Dulek, Assistant City Attorney
IOWA CITY MUNICIPAL AIRPORT
Q 1801 South Riverside Drive Iowa City, Iowa 52246
aOffice Phone (319) 356-5045
io
3
April 1, 2003
Mr. Michael Hodges
President, CEO
Airport Business Solutions
365 Arroyo Drive
Roswell, Georgia 30075-1258
Dear Mr. Hodges:
Enclosed is a signed copy of the business agreement, and the initial payment of
$5000.00. This is your Notice to Proceed.
The Commission will be contacting you soon to schedule the initial informational meeting
sometime in April. The goal is to have the draft report available by July 7 so it can be
reviewed and discussed at the July.Commission meeting.
If you have questions, please contact me at (319) 356-5045 or e-mail at ron-oneil(a,iowa-
citv.orq
Sincerely,
Ronald J. O'Neil
Airport Manager
Cc: Airport Commission
Sue Dulek, Assistant City Attorney
Section IV
CONSULTANT AGREEMENT �/► 1-
THIS AGREEMENT, made and entered into this oi 9 y day of Y v 1QX&
goo 3 , in Iowa City, Iowa, by and between the Iowa City Airport Commission, of Iowa
City Iowa, hereinafter referred to as the"Commission",and Airport Business Solutions, of Roswell,
Georgia, hereinafter referred to as"ABS".
WHEREAS, the Commission and City Council have agreed that it is in the best interest of the
Iowa City Airport to develop a business and strategy plan for the Airport, and;
WHEREAS, the Commission has researched consultants and has selected ABS as the most
qualified consultant to provide the required technical assistance, and;
WHEREAS, in consideration of the terms and conditions listed in this agreement,the Commission
has agreed to employ ABS to develop a business and strategy plan for the Iowa City Airport.
NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does
now contract with ABS to provide services as set forth herein.
I. SCOPE OF SERVICES
The goals of the Commission are to work towards-a self—sufficient airport, enhance management
practices and improve marketing and promotion of the airport to the community. ABS agrees to
provide a plan to work toward those goals, and to do so in a timely and satisfactory manner. The
Scope of Services for a plan is described in Attachment A — Scope of Services and is hereby
incorporated into this agreement.
II. TIME OF COMPLETION
ABS shall complete the following phases of the Project in accordance with the schedule shown.
A. Within 90 days from the Notice to Proceed, a draft Airport Strategic Business Plan,
based on Tasks 1 through 5 in Attachment A of this agreement, will be presented to
the Commission for review and public comment. The plan will, at a minimum,
address the items outlined in Task 1 through Task 5.
B. Within 30 days of receipt of the final comments from the Commission, ABS will
provide 10 copies of the final Airport Strategic Business Plan to the Commission.
III. GENERAL TERMS
A. ABS shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
J
_2_ Section IV
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the Commission terminate this Agreement, ABS shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The Commission
may terminate this Agreement upon seven (7) calendar days' written notice to
ABS.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of ABS by the Commission for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but ABS shall have the right to employ such assistance as may be
required for the performance of the Project.
E. It is agreed by the Commission that all Commission records and files pertaining to
information needed by ABS for the project shall be available by said Commission
upon reasonable request to ABS. The Commission agrees to furnish all
reasonable assistance in the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state,federal,or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the Commission, ABS shall attend meetings of the Commission
relative to the work set forth in this Agreement. My requests made by the
Commission shall be given with reasonable notice to ABS to assure attendance.
H. ABS agrees to fumish, upon termination of this Agreement and upon demand by
the Commission, copies of all basic notes and sketches, charts, computations, and
any other data prepared or obtained by ABS pursuant to this Agreement without
cost, and without restrictions or limitation as to the use relative to specific projects
covered under this Agreement. In such event, ABS shall not be liable for the
Commission's use of such documents on other projects.
I. The Commission agrees to tender ABS all fees in a timely manner, excepting,
however, that failure of ABS to satisfactorily perform in accordance with this
Agreement shall constitute grounds for the Commission to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
J. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
K. Original contract drawings shall become the property of the Commission. ABS
shall be allowed to keep mylar reproducible copies for ABS's own filing use.
L Upon signing this agreement, ABS acknowledged that Section 362.5 of the
Iowa Code prohibits a Commission member from having an interest in a
-3- Section IV
contract with the Commission, and certifies that no member of the
Commission, has an interest, either direct or indirect, in this agreement,that does
not fall within the exceptions to said statutory provision enumerated in Section
362.5.
M. ABS agrees at all times material to this Agreement to have and maintain
professional liability insurance covering ABS's liability for ABS's negligent acts,
errors and omissions to the Commission in the sum of$1,000,000.
IV. COMPENSATION FOR SERVICES
Based on the Scope of Services defined in this agreement, the Commission agrees to pay
ABS a not-to-exceed total of $15,000.00 (defined as "lump sum" amount), exclusive of
travel and project-related expenses. Project-related expenses include, but are not limited
to,telephone and fax charges, shipping/postage,travel/meals, meeting facilities, materials,
and document preparation. Proj- •;, ravel related expenses will be reimbursed based
on receipts and shall not excee• N! - --= 0%of the lump sum. Expenses in excess
of 20%of the lump sum must be pre-appro' sy the Commission.The project will include
two visits, the first to initiate the project and the second to present the plan to the Airport
Commission and City Council.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the laws of
the State of Iowa.
C. It is further agreed that there are no other considerations or fees contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and
that no other fees or considerations have been solicited.
FOR OMMI SIO FOR ABS
ref
By: 7 Aged � By:
Title:Vri(tif2 /'G,r, / Aged w.fssf.M Title: 're5,c1e (-C 0
Date:- 3-7 /Mil )..70 3 Date: 12 i,3
ATTEST:
Approved by:
Commission Attorney's Office
`3 - as - o3
Date
pw formssconsagmtfmm
ATTACHMENT A—SCOPE OF SERVICES
STRATEGIC BUSINESS PLAN
IOWA CITY MUNICIPAL AIRPORT ,
Project overview
Research/Statistical Analysis
ABS will provide reasonable activity projections based on research from national local
and state aeronautical trends. In addition to reviewing information from pertinent state
and national aviation organizations, Airport Business Solutions (ABS) will review
information from, but not limited to the following:
a. Historical based and itinerant aircraft information
b. FAA form 5010 Master Record
c. Airport Minimum Standards *
d. Aviation community
e. Fixed Base Operator
f. Historical fuel sales data
g. Five to ten year flight operations reports
h. Facility inventory*
i. Property inventory *
j. Airport equipment *
k. Airport assets
I. Property leasing trends
m. Comparison to regional and national statistics
n. Review of airport operational history
o. Evaluation of current rent structure
p. Analysis of all existing leases
q. Ten year economic analysis(revenues and expenses)
r. Examination of current Master Plan *
s. General aviation flight activity
t. New pilot licenses issued
u. Aircraft registrations
v. Local demographics
w. Financial modeling
x. Community profiling
y. Industrial development trends and activities
z. Commission responsibility as authorized under the Iowa Code
* Information available through the Airport Manager
Tasks
The following tasks will be performed by ABS—
Task 1 - Plan goals
ABS will determine a set of goals for the airport based on immediate and five-year
priorities. Criteria used to determine goals will be base on:
a. Financial capabilities
b. Services
c. Infrastructure
d. Federal grants as part of the Master Plan
e. Training
f. Community involvement
g. Flight activity
h. Commercial development
Economic development
j. Interviews with, but not limited the following: the Airport Commission, Iowa City
Council members, the Chamber of Commerce, the City of Coralville, the Iowa
City Planning Department, Iowa City Area Development (ICAD), and the Iowa
City-Coralville Convention and Visitors Bureau
Task 2- Plan implementation
ABS will prepare a well-defined implementation plan as part of the five-year plan. The
plan will include:
a. Implementation schedule
b. Milestones/benchmarks
c. Flexibility
d. Scheduled review
e. Need for workshops
f. Community involvement
g. Options and alternatives
h. Commercial development
i. Economic development
Task 3- Identify best management practices for the airport
ABS will analyze the airport's strengths and weaknesses, identify and comment on the
strengths and weaknesses and advise appropriate techniques to maximize the strengths
and minimize the weaknesses. ABS will review the capital improvement plan, through
information including but not limited to:
a. Policy documents*
b. Leases and or operating/use agreements
c. Capital improvement plans
d. Operating procedures
e. Pertinent past experiences *
f. Staffing history
g. Operational activity trends
h. Five to ten year budget analysis *
i. Legal issues
j. Staff
* Information available through the Airport Manager
In addition, ABS will identify and develop the various types of management documents
that may need to be developed or updated for efficient airport operations. ABS will
•
provide assistance in developing or updating selected operation documents. Analysis
will help identify deficiencies in the following areas:
a. Leasing policy
b. Standard lease language
c. Rates and charges policy
d. Minimum standards
e. Rules and regulations
f. Communications policy
g. Media response policy
h. Request for proposal language
Task 4—Financial analysis
ABS will provide financial projections for a five-year planning period. The analysis will
include:
a. Benchmarks for projected financial milestones
b. Key financial indicators
c. A break-even analysis
d. Projected profit and loss
e. Cost recovery detail
f. Cost/benefit analysis
g. Projected annual cash flows
Task 5-Market plan
ABS will provide a complete market analysis and provide a series of marketing
strategies to maximize airport revenues. The strategies will include price structures,
promotional actions, marketing programs, sales forecasts and public relations strategies.
Marketing recommendations may include:
a. Airport open houses
b. Media plan
c. Hosting charitable events
d. Fly-ins
e. Community relations
f. Young Eagle program
g. EM events
h. Static air shows
Airport tours
j. Commercial property marketing
k. Commission/FBO promotions
Deliverables
In addition to the on-site meeting to initiate the project, ABS will meet with the Airport
and City Council to present the final Strategic Business Plan. Ten (10) copies of the
final report and one electronic version (MS Word or Word Perfect) will be delivered to the
Commission upon completion of the project and final payment.
HANGAR LEASE
This HANGAR LEASE (Lease") entered into by and between the Iowa City Airport Commission
("Commission") and Great Plains Aero, Inc. 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 hangar space in Hangar # 33 (the "Hangar
Space') located at the Iowa City Municipal Airport (the "Airport") and described as
follows: Building G, corporate hangar with a 48' bifold door. The Hangar Space shall be
used and occupied by Tenant principally for the storage or construction of the following
aircraft:
Aircraft Make& Model Attie- PA 39 /bloom%Y Al zo 6 SIa-P-„f,rl /7/7
Aircraft Registration Number 'U c3r9/Y .ri 3HLa)C N 42 037
Aircraft Registered Owner Name Coded P/.0 )-s At/to
Registered Owner Home and Business Telephone Numbers JD G,,1 G
cal wb.4-,.0Lie. /a,,_ r i 10AZ 31
-3I 9 -g6aaa3 /
Tenant shall prom'$tly notify the Commission{ - i
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 March 1, 2003, and shall end on the last day
of the month of February, 2006.
Tenant agrees to notify the Commission 45-days prior to the expiration of the existing
term if the Tenant does not intend tonegotiate 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$358.00
per month, payable in advance on the first day of each month. A 1.5% late fee (which is
$5.37 per day) for rent not received by the Commission will be charged after the
fifteenth (15) day of each month.
4. Security 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 tarn. 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 storage or
construction of the Aircraft consistent with FAR 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 commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
e. 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.
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 awnfederal,
state or local government agency. cc,u II•^�
h. Tenant shall dispose of used oil only in approved receptacles.
i. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
improper or negligent operation.
6. Rights and Obligations of Tenant
a. Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade.
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the
apron adjoining the Hangar Space, disposing of any debris or waste materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the-Se-judge of the due maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period, the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
c. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
Extinguisher must be mounted and be rated at least 2A 40BC.
3
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
•
7. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
c. The Commission shall maintain and keep the Hangar and Hangar Space in good
repair except for the maintenance obligations of Tenant set forth in the Lease. In
no event, however, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act of Tenant, its agents, servants,
invitees, or customer. However, if due to any negligent or willful act by the
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall so such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant
a The Commission shall ensure appropriate grounds keeping is performed year
round.
8. Sublease/Assignment.
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
9. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
10. Alterations.
Tenant shall not install any fixtures or make any alterations, additions or improvements
to the Hangar Space without the prior written approval of the Commission. All fixtures
installed or additions and improvements made to the Hangar Space shall, upon
completion of such additions and improvements, become Commission property and
shall remain in the Hangar Space at the expiration or termination of this Lease, however
terminated, without compensation or payment to Tenant Fixtures include, but are not
limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and
any item permanently attached to the wall, floor, or ceiling of the Hangar Space by
means of concrete, plaster, glue, nails, bolts, or screws.
11. Hazardous Materials.
a. No"hazardous substance," as defined in Iowa Code section 455B.411 (2001),
may be stored, located, or contained in the Hangar Space without the
Commission prior written approval and proper storage containers.
b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all
4
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 and regulations 30-days prior to their effective date.
14. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for any
purpose necessary, incidental to or connected with the performance of its obligations
under the Lease or in the exercise of its governmental functions. In the case of an
emergency, the Commission may enter the Hangar Space without prior notice but will
provide notice to the Tenant after the fact. The Commission shall not, during the course
of any such inspection, unreasonably interfere with the Tenants use and enjoyment of
the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon
execution of this Lease, the Tenant wants to change the lock to the Hangar Space, he
or she shall provide written notice to the Airport Manager before he or she does so and
shall provide a key to the Manager within twenty-four hours of changing the lock.
15. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coverage
Comprehensive General (or Premises)Liability- Each Occurrence$1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
16. ' Casualty.
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate
provided that the Hangar Space is not rendered untenantable by such damage. If the
Hangar Space is rendered untenantable and Commission elects to repair the Hangar or
Hangar Space, the rent shall abate for the period during which such repairs are being
made, provided the damage was not caused by the acts or omissions of Tenant, its
employees, agent or invitees, in which case the rent shall not abate. If the Hangar or
Hangar Space is rendered untenantable and Commission elects not to repair the
Hangar or Hangar Space, this Lease shall terminate.
17. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, its officers and
5
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 remainliable 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.
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
6
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
sd but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment "Public accommodation" shall include but not be limited to providing goods,
services,facilities, privileges and advantages to the public.
24. FAA Provisions.
a. Tenant, for itself, heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain
and operate such facilities and services in compliance with all other requirements
imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation, and as said Regulations may be
amended.
b. Tenant,for itself, personal representatives, successors in interest, and assigned,
as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subject to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination, (3) that Tenant, shall use the premises in
compliance with all other requirements imposed by or pursuant to 49 CFR Part
21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
c. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of
Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate
to the provisions of any outstanding or future agreement between the Commission
and the United States government or the Commission and the State of Iowa
relative to the maintenance, operation, or development of the Iowa City Municipal
Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this
Lease will not be exercised so as to interfere with or adversely affect the use,
operation, maintenance or development of the Airport
7
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
j p - reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly-owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing
area and all publicly-owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interference or
hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with
• the right to prevent Tenant from erecting, or permitting to be erected, any
building or other structure on the airport which in the opinion of the Commission
would limit the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency,the Commission shall have the right to
enter into an agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly-owned air navigation facilities
and/or other areas or facilities of the airport. If any such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
i. It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the
passage of aircraft in the airspace above the surface of the premises herein
conveyed, together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter used for navigation
of or flight in the air, using said airspace or landing at, taking off from, or
operating on or about the airport.
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.
My 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:
8
a. by personal delivery to the Airport Manager or the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
c. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
•
If to the Commission, addressed to: Iowa City Airport Commission
Attn: Airport Manager
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City, IA 52246
If to Tenant, addressed to: Great Plains Aero
521 Whiting Avenue
Iowa City, Iowa. 52245
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.
: TC158b0N
WA CI:
Title: Commission'Chairperson
Date:rea12. Decembe
Greatrirgillb‘
Approved:
By: City Attorney's Office
Pb
Date: 2-2F3 -D)
Iowa Code 1999SUPPLEMENT: Section 455B.411 Page 1 of 3
455B.411 Definitions.
As used in this part 5,unless the context otherwise requires:
1. "Disposal"means the discharge,deposit, injection, dumping, spilling,leaking, or placing of a
hazardous waste or hazardous substance into or on land or water so that the hazardous waste or
hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the
environment or be emitted into the air or discharged into any waters,including ground waters.
2. "Hazardous substance"means a hazardous substance as defined in 42 U.S.C. § 9601 of the federal
Comprehensive Environmental Response,Compensation,and Liability Act and any element, compound,
mixture, solution, or substance designated pursuant to 40 C.F.R. §302.4.
3. a. 'Hazardous waste"means a waste or combination of wastes that,because of its quantity,
concentration,biological degradation,leaching from precipitation,or physical, chemical,or infectious
characteristics,has either of the following effects:
(1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible,illness.
(2) Poses a substantial present or potential hazard to human health or the environment when improperly
treated, stored,transported, or disposed o1 or otherwise managed. "Hazardous waste"may include but
is not limited to wastes that are toxic,corrosive or flammable or irritants, strong sensitizers or
explosives.
b. "Hazardous waste"does not include:
(1) Agricultural wastes,including manures and crop residues that are returned to the soil as fertilizers or
soil conditioners.
(2) Source, special nuclear,or by-product material as defined in the Atomic Energy Act of 1954,as
amended to January 1, 1979.
4. "Hazardous waste or hazardous substance disposal site"means real property which has been used
for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a
hazardous waste or a hazardous substance under this part and any adjoining real property and
groundwater affected by the disposal activities.
5. "Lubricating oil"means the fraction of crude oil or re-refined oil which is sold for purposes of
reducing friction in an industrial or mechanical device.
6. 'Manifest"means the form used for identifying the quantity,composition, and the origin,routing,
and destination of hazardous waste during its transportation from the point of generation to the point of
disposal,treatment or storage.
7. "Recycled oil"means used oil which is reused, following its original use,for any purpose,including
the purpose for which the oil was originally used. Recycled oil includes oil which is refined,reclaimed,
burned, or reprocessed.
8. 'Re-refined oil"means used oil from which the physical and chemical contaminants acquired through
http://www.legis.state.ia.us/IACODB/1999SUPPLEMENT/455B/411.html 3/4/2003
Iowa Code 1999SUPPLEMENT: Section 455B.411 Page 2 of 3
previous use have been removed through a refining process.
9. "Storage"means the containment of a hazardous waste,either on a temporary basis or for a period of
years,in a manner that does not constitute disposal of the hazardous waste.
10. 'Treatment"means a method,technique,or process, including neutralization, designed to change
the physical,chemical or biological character or composition of a hazardous waste so as to neutralize the
waste or to render the waste nonhazardous, safer for transport,amenable for recovery,amenable for
storage,or to reduce the waste in volume. Treatment includes any activity or processing designed to
change the physical form or chemical composition of hazardous waste to render the waste
nonhazardous.
11. "Used oil"means oil which has been refined from crude oil,has then been used,and as a result of
the use,is contaminated by physical or chemical impurities.
Section History:Early form
[C81, §455B.130; 81 Acts, ch 151, § 1]
Section History:Recent form
C83, §455B.411
84 Acts, ch 1108, § 8; 84 Acts,ch 1157, § 1; 84 Acts, ch 1158, §2; 86 Acts, ch 1025, § 2,3;91 Acts,
( , ch155, §2
Internal References
Referred to in§ 124C.1,455B.191,455B.301,455B.304,455B.381,455B.412-455B.420,455B.442,
455B.461,455B.482,455F.1,558.69,716B.1
Previous Section 455B.400
Next Section 455B.412
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I
r, Seas;
CO 2000 Cornell College and League of Women Voters of Iowa
http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/455B/411.html 3/4/2003
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11:1 • TueSday,-
March IA; 3 .
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www.gazetteoriline.Com '
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LOCAL • , R .E .G10.. NAL . . . . .
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council. . .
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CO , rtax rate
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BudgetcallS for higher le.vij ' c'e,ltenere'Thi fund expenditures will total an esti• Proposed lowa City budget . .
. . , • „. .mated$41 million next fiscal'year,:a 4 Percent General fund expenditures ferliscal 2004
few, spending. improvements
increase over.this fiscal Yea,r: .- . ; ($40.9 million) - Percent of budget
.-. City budget planners have had to: contend Police protection 19%
By .Frank Gluck • 1 , ISI14%
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with bad news.on several fronts this.,year•
The Gazette -. . . Aside• from a poor econorey;'the cost of' Parks&recreation
fire protection • • ' IS12%
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IOWA CITY—The municipal budget the City
emploYee health inaurance Is projected to rise 15 imam 10%
Council is to adopt tonight calls for mliiiher . ,percent next fiscal year, down from this year's LiblarY .
property tax levy, but little or S'increase Iiii, astronomical 40.6 percent increase but double. Transit , .• 10%
SIM •
IIIIIIIIMIL 7%
Spending for community programs and':Cul, digit growth nevertheless. . t ' ' . Finance departrnent
•
services. ' . • . . • The smid also has made citi,employees more Streets maintenance . • MIS 6% "-
i - MIMI 5% - ' •
The $132.0- million.spendifig plan for,fiscal expensive by reqUirim*a $400,030'increase In Administration
2004 would cost the owner Of a $100,000 home S 3%
year'. city finding for police and firefighters'pensions. Traffic engineering.
$90534 in city taxes, up from $86851 this , Most significantly, the. state property tax Housing and building Inspection . En 3%
But city residents can look for a 5 percent rollback continues to decline,.a,worrying trend Public works and engineering MI ax
decrease in.water rates and, so'far, no increase •for the cib),which relied heavily on Property tax• Non-operational administration 911.1 3%
,in parking or recreational tees. • , ..,- receipts. " ' ' . - • • Planning and community development NM 2% •
'The critical issue (the council is addressing • Next' year,, the •rollback,rate .:will be '53-3, Senior center 11119 2%
tonight) 14 setting. the tax rater said Kevin percent, dowm from 51.:6 percentthis year. ' Animal care and adoption NI 1%
O'Malley, city finance director The council Is to , • . . ,
Budget Source:city of Iowa City Gazette graphic
meet' at 7 p.m. at Harvat: Hall in the'Civic • Tum to 5B: s • -...
..-
/ i Budget.' Rel . .
' *ance on property taxes remains high
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II From page.j.B . . .
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Though only a Might decline, tinues to decline," Atkins stet-• ty rate,bringing the total down also projects a$528,003,revenue
the rate is about 17 percentage ed in his budget report to the to $826,060.• ' . shortfall, which is expected to.
points lower than it was 10 counciL • Subsidies to the Iowa City 'be made up by employee attri-
years ago, city officials note: Residential property taxes ac- Municipal Airport will increase tion and small cuts throughout.,
Construction activity.in the count for about half of the by about $15,000 to an estimat- the.budget during the &ail
city remains strong but proper city's revenue . ed $183,000. . year.
ty tax revenue will have In Other budget highlights im ' Even with budget passage, The budget represents a pro-
creased only'2 percent by the chide: H . ' which the state requires by jection and Is subject to.chang-
end of this fiscal year,said City • City funding for SEATS Saturday, the city still needs to es, especially if the state de-
Manager Steve Atkins. . will increase $112,800 next,ifs- fill, in.a number of funding cities to change tax law,
'the circumstances continue SI year,to total up to.$687,000. blanks. ' ,' O'Malley said. "These aren't
to point out the problem of our • 'Community development The council must allocate hard and East numbers, but
reliance 'on our property tax• block grants and from the fed- $465;510 in Human Services Aid • they're the best estimates we
base'and that regardless of our eral government will decline by to Agencies and $45,000 to indi- have," he' said, . •
growth In'.values, iieW con- 13.1 percent•next year because vidual coinmunity.orianiza- .m .*...th a tselen.•Iwo oon"n wa
fill% Iowa Department of Transportation
Office of Aviation 515-239-1468
800 Lincoln Way, Ames, IA 50010 Fax: 515-233-7983
e-mail:,michael.marredot.state.ia.us
www.iawings..com
jiIW)FFRW]1Ffl
February 14,2003
Ron O'Neil - FEB 19 2003
Manager
IowaCity _JLh�C]u Li Liu/
CMunicipal Arpt
1801 S. Riverside
Iowa City, IA 52246
Dear Ron:
As some of you know,the current waiting period for the approval of an instrument
approach is approximately two years. In an effort to accelerate this approval process,
the DOT will be operating as a conduit for the FAA.
As the FAA conduit for instrument approaches, we are requesting all approach requests
are sent to our office. We will review the requests and work with the FAA to expedite
the process for Iowa airports. As requests are sent in,priority will be given to those
airports that do not have existing approaches or to those areas that are in high demand.
Forms for Instrument Approach Procedures (IAP)may be obtained at the FAA website
at: www2.faa.gov/arp/ace/aip/aip-960.cfm. These forms are to be completed by the
consultant or the airport sponsor and sent to:
Federal Aviation Administration Iowa Department of Transportation
ATTN: Mr. Chuck Hawkins and ATTN: Mike Marr
901 Locust Avenue Office of Aviation
Kansas City,Missouri 64106 800 Lincoln Way
Ames, Iowa 50010
If you have any questions or need any additional information,please contact me at 515-
239-1468 or email me at michael.marr@.dot.state.ia.us.
Sincerely,
Atm
Michael Marr
Airport Inspector
Ron O'Neil
From: Ron O'Neil
Sent: Thursday, March 27,2003 12:14 PM
To: 'michael.marr@dotstate.ia.us'
Subject: approaches
In your letter dated February 14,2003,you indicated all requests for approaches were to go through your office. How far
in advance should I request a precision approach for Runway 25? The Commission would like to get a precision
approach to Runway 25 but Todd Madison will not approve a 50:1 approach for the runway until the Commission
eliminates the numerous obstructions for that approach. The ALP now being reviewed has a 34:1 approach for RW 25.
Would it be beneficial to have a request on file before an approach could be sighted? As you are aware, Iowa City is
working on an obstruction mitigation project to hopefully clear the way for a precision approach. Is it still a requirement to
have a full taxiway before an approach can be commissioned?
If having a request on file will expedite implementation of an approach, let me know and I will send you the request
information. There is also the question of funding a precision approach. Is there funding available for an ILS? If not, but
Iowa City could raise funds for the initial installation,is there some assurance that the FAA would provide the
maintenance? I have been told that is what Ankeny has done.
1
Ron O'Neil
From: Michael.Marr@DOT.STATE.IA.US
Sent: Monday, March 31,2003 9:51 AM
To: Ron O'Neil
Subject: Re: approaches
Ron,
I would wait on sending in the request. Basically the process of
requesting the approaches will remain the same, it will simply have the
extra step so we can get some sort of idea as to what requests are being
sent in to the FAA. I will just add a note to your file and as we get
closer with the obstruction removal we can start working on getting the
precision approach. I will do some checking on your other questions and
get back to you with some answers as soon as possible.
Mike
1
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Abase Type orPrint on This Form Form roved OMB No.21290001
0 Failure To Pmvide All Requested Information May Delay Processing of Your Notice FOR FAA USE ONLY
U.S.Deprived dTmrpaNllal
Aeronauts!Study Number
Fe s,A, ,I ltyysgce Notice of Proposed Construction or Alteration -OE
1. Sponsor(Parson,company,eta proposing this action)
Atln.of 9.latitude: °
Name:
10.Longitude: ° r.
Address: •
11.Datum: ❑NAD 83 ❑NAD 27 ❑Other
City. State: Ttp:
Telephone: Far 12.Nearest City State:
2 Sponsors Representative(rfother than#1): 13.Nearest Public-use(not private-use)or Unary Airport or Hefrpoit
Attn.of:
Name. 14.Distance from 913.to Structure:
Address:
16.Direction from 913.to Structure:
City. State: z4: 16.Site Elevation(AMSC): ., ft.
Telephone: Far
17.Total Structure Height(AGC): S
3. Notice of: ❑New Construction 0 Alteration 0 Existing 18.Overall height(916.+917.)(AMSC): R
4. Duration: 0 Permanent 0 Temporary( months, days) 19.Previous FAA Aeronautical Shady Number(ifappliicable):
6. Work Schedule: Beginning End -OE
6. Type:0 Antenna Tower 0 Crane 0 Buidmg 0 Power line 20.Descdptton of Location:(Attach a USGS 7.5 minute
0 Landfill ❑Water Tank 0 Other Quadrangle Map with the precise site marked and any certified survey.)
T. Marking/Palming and/or Lighting Preferred:
0 Red Lights and Paint 0 Dual-Red and Medium Intensity
White
❑White-Medium Intensity 0 Dual-Red and High Intensity White
❑White-ttgh Intensity ❑Other
8. FCC Antenna Structure Registration Number(ifapppFcable):
21.Complete Description of Proposal: Frequency/Power(kW)
•
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•
•
Notice is required by 14 Code of Federal Regulations,part 77 pursuant to 49 U.S.C.,Section 44718. Persons who knowingly and willingly violate the flair
requirements of part 77 are subject to a civil penalty of$1,000 per day until the notice is received,pursuant to 49 U.S.C.,section 46301 (a).
I hereby certify that all of the above statements made by me are hue,complete,and correct to the best of my knowledge. to addition,I agree bo,
mark and/or light the structure in accordance with established marking and lighting standards as necessary.
Date Typed or Printed name and Title of Person Filing Notice Signature •
•
FAA Form 74ee-1 H7-eat rumwrnht RnNnw Fdiam F7Mnnir.Vmwkn(340001 oar ACF-SPS NSW(10.5210.019-0008
INSTRUCTIONS FOR COMPLETING FAA FORM 7460-1
PLEASE TYPE or PRINT
ITEM#L Please include the name,address,and phone number of a personal contact point as well as the company name.
'TEM#2.Please include the name,address,and phone number of a personal contact point as well as the company name.
SEM#3.New Construction would be a structure that has not yet been built.
Alteration is a change to an existing structure such as the addition of a side mounted antenna,a change to the marking and lighting,a change
to power and/or frequency,or a change to the height.The nature of the alternation shall be included in ITEM#21"Complete Description of
Proposal".
Existing would be a correction to the latitude and/or longitude,a correction to the height,or if filing on an existing structure which has never
been studied by the FAA.The reason for the notice shall be included in ITEM#21 "Complete Description of Proposal".
ITEM#4.If Permanent,so indicate.If Temporary,such as a crane or drilling derrick,enter the estimated length of time the temporary
structure will be up.
ITEM#5.Enter the date that construction is expected to start and the date that construction should be completed.
ITEM#6.Please indicate the type of structure.DO NOT LEAVE BLANK.
ITEM#7.In the event that obstruction marking and lighting is required,please indicate type desired.If no preference,check"other'and
indicate"no preference'.DO NOT LEAVE BLANK.NOTE:High intensity lighting shall be used only for structures over 500'AGL.In the
absence of high intensity lighting for structures over 500'AGL,marking is also required.
ITEM#8.If this inn existing tower that has been registered with the FCC,enter the FCC Antenna Structure Registration number here.
ITEM#9.and#10.latitude and longitude must be geographic coordinates,accurate to within the nearest second or to the nearest hundredth
of a second if known.Latitude and longitude derived solely from a band-held GPS instrument is NOT acceptable.A band-held GPS is only
accurate to within 100 meters(328 feet)95 pa cent of the time.This data,when plotted,should match the site depiction submitted under
ITEM#20.
ITEM#11.NAD 83 is preferred;however,latitude/longitude may be submitted in NAD 27.Also,in some geographic areas where NAD 27
and NAD 83 are not available other datums may be used.It is important to know which datum is used.DO NOT LEAVE BLANK.
ITEM#12.Enter the name of the nearest city/state to the site.If the structure is or will be in a city,enter the name of that city/state.
ITEM#13.Enter the fail name of the nearest public use(not private-use)airport(or heliport)or military airport(or heliport)to the site.
'TEM#14.Enter the distance from the airport or heliport listed in#13 to the structure.
AM#15.Enter the direction from the airport or heliport listed in#13 to the structure.
ITEM#16.Enter the site elevation above mean sea level and expressed in whole feet rounded to the nearest foot(e.g. 17'3"rounds to 17,
176"rounds to 18').This data should match the ground contour elevations for site depiction submitted under ITEM#20.
ITEM#17.Enter the total structure height above ground leveler whole Sat rounded to the next highest foot(e.g.173"rounds to 18').The
total structure height shall include anything mounted on top of the structure,such as antennas,obstruction lights,lightning rods,etc.
ITEM#18.Enter the overall height above mean sea level and expressed in whole feet This will be the total of ITEM#16+ITEM#17.
ITEM#19.If an FAA aeronautical study was previously conducted,enter the previous study number.
EI'EM#20.Enter the relationship of the structure to roads,airports,prominent terrain,existing structures,etc.Attach an 8-1/2"X 11"non-
reduced copy of the appropriate 7.5 minute U.S.Geological Survey(USGS)Quadrangle Map MARKED WITH A PRECISE INDICATION
OF THE SITE LOCATION.To obtain maps,Contact USGC at 1-800-435-7627 or via Internet at"http://mapping.usgs.gov".If available,
attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet.
ITEM#n.
• For transmitting stations,include maximum effective radiated power(ERP)and all frequencies.
• For antennas,include the type of antenna and center of radiation(Attach the antenna pattern,if available).
• For microwave,include azimuth relative to true north.
• For overhead wires or transmission lines,include size and configuration of wires and their supporting structures(Attach depiction).
• For each pole/support,include coordinates,site elevation,and structure height above ground level or water.
• For buildings,include site orientation,coordinates of each corner,dimensions,and construction materials,
• For alterations,explain the alteration thoroughly,
• For existing structures,thoroughly explain the reason for notifying the FAA(e.g.corrections,no record of previous study,etc.).
Filing this information with the FAA does not relieve the sponsor of this construction or alteration from complying with any other federal
to or local rules or regulations.If you are not sure what other rules or regulations apply to your proposal,
Set local/state aviation and zoning authorities.
Paperwork Reduction Work Act Statement: This information is collected to evaluate the effect of proposed construction or
alteration on air navigation and is not confidential.Providing this moa is mandatory for anyone proposing construction or alteration
that meets or exceeds the en tain contained in 14 CFR,par 77.We estimate that the burden of ibis collation is an average 19 minutes pa
response.An agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless R displays a
emrmay valid OMB control number.The OMB control rumba for this collection is 2120-0001.
City of Iowa City
MEMORANDUM
TO: Airport Commission
FROM: Susan Dulek, Assistant City Attomeyl
DATE: March 5, 2003
RE: Open Meeting, Open Records, and Commission Meetings
Given that the Commission has a new member as of March 1 and will elect a new
chair at its March 13 meeting, I believe that it is an opportune time for me to discuss some
matters related to open meetings, open records, and Commission meetings. Some of this
may be simply a reminder.
1. Open Meetings and emails. Email communications between Commission
members raise issues under Iowa's open meetings law. As a result, I advise against using
e-mail to communicate with each other in any manner whereby a majority of you are
discussing an item at the same time. To determine whether a violation of the open meetings
law has occurred, any such occurrence would have to be examined on its own facts.
However, due to the instantaneous nature of e-mail communication, use of e-mail to
communicate among yourselves is problematic, and I discourage it.
2. Open Records and emails. All electronic and written communication, with
limited exception, to you and from you is an "open record." Consequently, any person for
any reason may request copies of this communication. Doing work on your personal
computer or you work computer does not make it"private"or"confidential" or shield it from
an open records request. For example, a reporter, or anyone, could request copies of all
communication having to do with the strategic plan and copies would need to be provided.
As a result, you may want to consider implementing a personal records retention policy
such as deleting any Commission related matters after 30 days.
Commission members' replies to e-mails should advise the senders that their e-mail.
communications and the Commissioners' responses may be public information.
3. Discussion of Items Not on the Agenda. Occasionally a member of the public
will address the Commission at this time on the agenda. This is the time to listen to that
person. A Commissioner may engage in a dialogue with that person, but it should not spill
over to the point that it becomes a discussion among the Commissioners. Also, although it
is not the time to deliberate on the matter brought to you by that person, the chair may take
an informal poll of the Commission to see.if it should be an item on the next agenda.
4. "Commission"Time. By this, I mean the time when the Commissioners give
their reports at the end of the agenda. It is a time to apprise others of an event or a
concern; it is not a time to deliberate or decide. The matter itself is not on the agenda. It is
appropriate to poll the Commission informally to determine whether an item should be on
the agenda at the next month.
If you have questions about this memo or if you would like to discuss any of this
further, please do not hesitate to telephone me at 356-5030.
Copy to:
Ron O'Neil.
IOWA CITY MUNICIPAL AIRPORT
'2 • • Q 1801 South Riverside Drive Iowa City, Iowa 52246
a ' Office Phone (319) 356-5045
n
m
April 1, 2003 _
Mr. Don Hughes
Air Traffic Manager
Cedar Rapids Municipal Airport
2525 Wright Bros. Blvd. SW
Cedar Rapids, Iowa 52404
Dear Don:
I am requesting a temporary FAA control tower for August 24, 2003, from 7:00 a.m. to 1:00 p.m.
at the Iowa City Municipal Airport. We have a fly-in breakfast on that date and the airspace can
get quite congested.
Last year, the SERTOMA Club served breakfast to about 2100 people, with approximately 75
aircraft that flew in. In addition to the transient aircraft,the fixed base operator gives rides and the
Young Eagles usually sponsor an event. This leads to a high number of aircraft operations. We
have had a tower for this event in the past and everyone involved agrees that a tower is needed
and much appreciated.
Thank you for your consideration of this request. If you require 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
1.
IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone(319) 356-5045
Memorandum
To: Airport Commission
From: Ron O'Neil 0,0 .
Date: April 1, 2003
Re: Out-of-the-office
The end of FY 2003 budget year is June 20, 2003. I have 16.5 days of vacation and
personal leave to use or lose before that date. Because I usually can not plan to be
away from the Airport during the winter months, I typically have several vacation days to
use in the spring and summer. I anticipate being gone on the following dates: •
April 25 vacation
May 22—May 23 vacation
May 26 Memorial Day
May 27—May 30 vacation
June 2—June 4 FAA Central Region Conference
June 16—June 20 vacation
This will leave 4.5 days to schedule somewhere between now and June 20.
IT 4C7
IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319)356-5045
Memorandum
To: Airport Commission
From: Ron O'Neil IC2O
Date: April 1, 2003
Re: Filing NOTAMs
•
1. Only file a Notice to Airmen (NOTAM) if you can not contact the Airport Manager
or the Airport Maintenance Worker.
2. The following steps should be used to file a NOTAM:
a. Contact the Flight Service Station at(800)458-4459
b. Identify what airport you represent and who you are
c. Explain what reason you have for filing a NOTAM. Just use plain English.
The FSS technician will format the NOTAM to fit the proper criteria.
d. Document the time you filed the NOTAM and who you spoke to. The
technicians should give you their initials. If not, ask them for
identification.
e. After the NOTAM is filed, leave a message at the Airport so the Airport
Manager will know that a NOTAM has been filed.
3. The names of the Commissioners are on file with the FSS.
Z! IOWA CITY MUNICIPAL AIRPORT
,_
is 1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045
x •
April 1, 2003
Ms Diane Wiedmeier
Fort Dodge Flight Service Station
1639 Nelson Avenue, Suite 1
Fort Dodge, Iowa 50501-8517
Dear Ms.Wiedmeier.
The following is a current list of the personnel authorized to file NOTAM's for the Iowa City
Municipal Airport
1. Ron O'Neil Airport Manager
2. Michelle Robnett Airport Commissioner
3. Rick Mascari Airport Commissioner
4. Baron Thrower Airport Commissioner
5. Alan Ellis Airport Commissioner
6. Randy Hartwig Airport Commissioner
7. John Bullets Technician (NDB)
8. Gerry Kaefring Airport Maintenance
If you require additional information, please contact the Iowa City Municipal Airport at (319) 356-
5045.
Sincerely,
Ronald J. O'Neil
Airport Manager