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Home My WebLink About06-09-2005 Airport Commission1. 2. 3. 4. 5. 6. 7. IOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, JUNE 9, 2005 - 5:45 P.M. Call to Order Approval of Minutes from May 12, 2005 meeting Public Discussion - Items not on the agenda Items for Discussion/Action: A. Runway 07 Project - Earth Tech B. Aviation Commerce Park C. Airport Budget D. Airport Management (1) Present - Update/Status Report (2) Future - Management Model/Job Description E. T-Hangar Leases F. T-Hangar Waiting List Policy G. Obstruction Mitigation Project- Stanley Consultants H. Airport Viewing Area I. Building H (1) Public Hearing on Hangar Use Agreement with the University of Iowa for Space in Building H (2) Consider Resolution Approving Hangar Use Agreement with the University of Iowa for Space in Building H J. Iowa Dept. of Transportation Grant -Consider Amending Nature/Scope of Project K. Jet Air, Inc. Lease -Consider approving partial assignment/sublease to Hertz Rent A Car for space in Building D L. (1) Consider motion to adjourn to closed session to discuss imminent litigation (2) Depending on discussion in closed session, consider motion for action in imminent litigation Reports of Chairperson, Commission Members, and Staff Set next regular meeting for July 14 2005 at 5:45 p.m. Adjourn t r MINUTES DRAFT Iowa City Airport Commission May 12, 2005 Iowa City Airport Terminal — 5:45 PM Members Present: Randy Hartwig, Chair; Carl Williams; John Staley Members Absent: Michelle Robnett; Dan Clay (advisory member) Staff Present: Sue Dulek Others Present: Ron Duffe; Elizabeth Freiburger, Intern; Dave Hughes, Earth Tech; Michael Tharp, Intern DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:50 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM APRIL 14, 2005 MEETING: Clarification of G. Obstruction Mitigation Project— "There is little remaining in the project." Chairperson Hartwig stated that basically there are not many more obstructions for them to try to take care of, and that's the reason for assuming there will be some funds left. He stated that he could change this to read, "There are few obstructions remaining that can be addressed." Staley moved to accept the minutes of the April 14, 2005 meeting as changed; seconded by Williams. Motion carried, 3/0 (Robnett absent). PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: A. Eastern Iowa Big Kids Toy Show — Duffe gave the members an update on the upcoming show that they are planning. He stated that invitations have been sent, and he shared a handout with the Commission. He stated that one of the runways (18/36) may be shut down during the show due to parking and safety issues. B. Runway 07 Project — Earth Tech — Hughes updated the members on where they are currently. He stated that it may not look like they're doing much, but there is a lot of work going on "behind the scenes." He noted that last week they met with the Department of Natural Resources, and they have a good feel for what they want submitted. Hughes also reported that the historian started on the United Hangar and is searching for historical documents on this building. Hughes also reported that they hope to have the necessary DNR permits in the next few months, as well as preliminary plans. 4. C. Aviation Commerce Park — Hartwig noted that Harry Wolf could not be present this evening, but stated that he did speak with him recently. Wolf is pursuing prospects for the Aviation Commerce Park. Dulek handed out a copy of a memo from the City Attorney to Council regarding Tuesday's City Council meeting and the rezoning for the Wal-Mart project. Planning and Zoning would like to require certain conditions, and these conditions were not contingencies on the purchase agreement. Therefore, the City Attorney has advised Council that Wal-Mart could back out if these contingencies are added. The question is whether Council will add these contingencies or not. Dulek suggested to the members that perhaps one of them would want to attend Monday's work session, and also be at Tuesday's Council meeting. D. Strategic Plan — Implementation — Hartwig stated that one of the main issues he had hoped to talk about tonight was the airport management portion of the Strategic Plan. He said this would need to be pushed back as Robnett submitted her resignation. He stated there was nothing new on the Strategic Plan currently. The discussion turned to statistics, and Hartwig noted that Tharp is keeping track of some various stats (e.g.: business planes vs. private). Tharp explained the web site and database that he is creating with this data. E. Airport Budget — Hartwig noted that he talked to Deb Mansfield recently regarding the budget. It's almost year-end — June 30a'. Hartwig briefly discussed some of the main accounts, noting that it looks like they're in pretty good shape. Questions were raised about the "Other Repair & Maintenance" account's balance. The members discussed whether or not they wanted to spend the money that is left, before year-end. F. Airport Management 1. Present — Updated/Status Report — Hartwig noted that without Robnett, he feels they cannot discuss this. He would like to have a complete discussion regarding this at next month's meeting. He asked that the members get their comments and suggestions in before then. 2. Future — Management Model/Job Description — Hartwig noted that the big decision here is whether or not they want to hire a full-time airport manager, or expand on what they have now. He noted that he should have some information soon from Personnel regarding a job description, as well as salary ranges, that they would need to consider. Discussion turned to what the current budget allows for this account. Freiburger was asked to put a list together of the various tasks the interns have been handling — sort of a secretarial list — so the Commission can use this in their discussion. G. T-Hangar Leases — Hartwig would like the Commission to decide if any changes are needed to this document, as he would like to get the leases mailed out sooner this year. Hartwig noted that he will recuse himself from any vote due to the conflict he has a tenant. Discussion turned to the procedure necessary for leases, waiting lists for hangars, and the various issues involved with the leasing process. Hartwig asked the members to think about the lease issue, and also about the rates that they charge for leasing. Freiburger stated 4* that the average is $119 among the airports she contacted. It was suggested that "email address" be added to the lease, for ease of contact. H. Obstruction Mitigation Project — Stanley Consultants I. Update — Hartwig stated that basically the one issue left pertains to a sign at Hargrave-McEleney. Stanley is working on this still. Consider a resolution accepting the tree removal project by Peterson Contractors, Inc. — Hartwig noted that they have a letter from Stanley Consultants recommending payment. Staley moved to approve the resolution accepting the tree removal project; seconded by Williams. Resolution A-05-09 passed on a roll call vote, 3/0 (Robnett absent). I. Airport Viewing Area — Freiburger noted that the fencing is in the process of being approved, and that they have received some CAD drawings for review. She stated that they, also need to finalize the ideas for the shelter. J. Set Public Hearing on Gordon Lease — Hartwig noted that they need to set a public hearing for the Gordon lease. Anything more than three years requires a public hearing; they are asking for five years. Williams moved to set the public hearing for June 9, 2005; seconded by Staley. Motion carried, 3/0 (Robnett absent). CHAIRPERSON'S REPORT: Hartwig noted that the FAA Conference is the 24`h and 25`h of May. He asked the members to let him know if they had an interest in attending. He also stated that they need to get their "recruiting hats" out so they can fill the empty seats. COMMISSION MEMBERS' REPORTS: Staley -none. Williams thanked Robnett for her service; stated he would be out of town next week but planned to attend next weekend event at the airport.' STAFF REPORT: None. SET NEXT REGULAR MEETING FOR JUNE 9, 2005 AT 5:45 P.M. ADJOURN: Meeting adjourned at 7:48 P.M. Airport Commission ATTENDANCE RECORD YEAR 2005 (Meeting Date) NAME TERM EXP. 1113 2/10 2/16 3110 4/14 5/12 Daniel Clay 3/1/08 O/E X X X X --- Randy Hartwig 3/1/09 X X X X X X Michelle Robnett 3/l/07 X X X X X 0 John Staley 3/1/06 X X X X X X Carl Williams 3/1/10 X X X X X X KEY: X = Present 0 = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member N City of Iowa City — Airport Revenue & Expenditures May 2005 REVE: 06.03.05 13:03:23 Page: 1 Iowa City General Ledger System May 2005 Revenue FY 2005 Revenue Reporting For the period 05.01.05 to 05.31.05 - Estimated YTD Period Account Revenue Revenue Revenue Remainder % 369100 Reimb Of Expenses 205.00 ------------ -205.00 ------ 369200 Reimb Damages 50.00 -50.00 381100 Int. On Investments 633.52 -633.52 382100 Land Rental 45049.00 25706.34 470.58 19342.66 57.06 382200 Building/Room Rental 172106.00 166251.36 10536.00 5854.64 96.60 384200 Vending Machine Comm 50.40 7.20 -50.40 384900 Other Commissions 18000.00 15462.70 2537.30 85.90 393120 General Levy 67000.00 102666.63 9333.33 -35666.63 153.23 *** GRAND TOTAL *** 302155.00 ------------ ------------ ------------ ------------ 311025.95 ------------ ------------ 20347.11 -8870.95 ------------ ------------ 102.94 ------ ------ e EXPE: 06.03.05 13:04:00 Iowa City General Ledger System May 2005 Expenditures FY 2005 Expense Reporting For the period 05.01.05 to 05.31.05 YTD Period Account Appropriated Expenditures Expenditures ------------------------------------------------------- 411000 Perm. Full Time ------------ 94630.00 ------------ 41167.92 ------------ 2635.20 413000 Temporary Employees 2315.00 3200.25 288.50 414100 Overtime Wages 840.00 1111.95 414300 Term. - Vacation Pay 5000.00 4719.28 414400 Term. - Sick Leave 166.06 414500 Longevity Pay 1450.00 908.34 421100 Health Insurance 14653.00 4932.20 297.64 421200 Dental Insurance 303.42 23.34 _ 421300 Life Insurance 319.00 130.09 421400 Disability Insurance 664.00 288.43 19.98 421500 Unemployment Compensation 8060.00 2480.00 422100 Fica 7591.00 3939.35 225.59 423100 Ipers 5706.00 2505.11 154.97 424500 Monthly Cellular/PCS 325.00 300.00 25.00 431080 Recording Fees 115.00 7.00 431111 Engineering Services 2000.00 432020 Annual Audit 137.85 432060 Consultant Services 26427.09 2778.00 432070 Management Services 16410.28 433030 Long Distance Serv. 65.00 19.38 435051 Wireless Phone Serv. 100.00 435053 Phone Move/Add/Chnge 131.50 435057 Couriers 43.00 435060 Legal Publications 375.00 436030 Transportation 600.00 3450.00 3000.00 436050 Registration 665.00 250.00 436060 Lodging 825.00 199.80 436080 Meals 250.00 437010 Comp. Liability Ins. 10919.00 7798.00 437020 Fire & Casualty Ins. 13356.00 437030 Worker's Comp Ins. 215.00 437200 Loss Reserve Payment 5000.00 438010 Stormwater Utility Charges 5919.60 591.96 438030 Electricity 17874.00 12868.07 879.12 438050 Landfill Use 246.00 Encumbrance Page: 1 Balance %- Used ------------ ------ 53462.08 43.50 -885.25 138.24 -271.95 132.38 280.72 94.39 -166.06 541.66 62.64 9720.80 33.66 -303.42 188.91 40.78 375.57 43.44 -8060.00 3651.65 51.90 3200.89 43.90 25.00 92.31 108.00 6.09 2000.00 -137.85 -26427.09 -16410.28 45.62 29.82 100.00 -131.50 43.00 375.00 -2850.00 575.00 415.00 37.59 625.20 24.22 250.00 3121.00 71.42 13356.00 215.00 5000.00 -5919.60 5005.93 71.99 246.00 N EXPE: 06.03.05 13:04:01 Iowa City General Ledger System May 2005 Expenditures FY 2005 Expense Reporting For the period 05.01.05 to 05.31.05 YTD Period Account ------------------------------------------------------- Appropriated Expenditures Expenditures 438070 Heating Fuel/Gas ------------ 5551.00 ------------ 5000.14 ------------ 885.99 438080 Sewer Utility Charge 860.00 1855.81 107.25 438090 Water Utility Charge 993.00 1241.42 128.62 439030 Testing Services 1450.00 902.20 441010 Vehicle Repairs and Maintenance 1156.00 1018.85 442010 Bldg. Rep. & Maint. 1448.00 2517.27 442020 Repair Of Structure 1467.00 195.00 442030 Repair of Heating Equip 765.00 238.00 442040 Repair of Cooling Equip 544.00 442060 Repair of Electric/Plmbg 120.00 27.61 443050 Radio Equipment Rep. 26.00 94.08 443080 Other Repair & Maint 11225.00 3843.27 541.69 445060 Laundry Service 634.00 720.02 55.10 445070 Equipment Service 1093.00 740.00 74.00 445090 Hauling 500.00 283.99 445140 Outside Printing 385.00 432.22 445190 Film Processing 11.00 445230 Technical Services 2668.00 2325.00 370.00 445240 Word Processing 50.00 446100 City Attorney Chgbck 3874.00 3446.46 258.00 446130 ITS-PC/Peripheral Support 535.00 875.00 446160 ITS-Network/Internet Charge 360.00 420.00 90.00 446200 Photocopying Chgback 371.00 181.54 446300 Phone Equipment/Line Change 1080.00 833.04 446320 Mail Chargebacks 545.00 155.24 30.46 446330 UPS Chargebacks 20.00 446350 City Vehicle Repl. 9000.00 13241.69 1203.79 449060 Dues & Memberships 361.00 100.00 449140 Tools & Equip. Rent. 1504.00 1476.00 449280 Miscellaneous Expense 702.90 452010 Office Supplies 139.00 106.00 452030 Minor Off Equip/Furn 25.00 454040 Books, Mag., Newspap 196.00 455100 Misc Peripherals 29.00 461040 Ag Chemicals 480.00 Encumbrance Page: 2 Balance t Used ------------ ------ 550.86 90.08 -995.81 215.79 -248.42 125.02 547.80 62.22 137.15 88.14 -1069.27 173.84 1272.00 13.29 527.00 31.11 544.00 92.39 23.01 -68.08 361.85 7381.73 34.24 -86.02 113.57 353.00 67.70 216.01 56.80 -47.22 112.26 11.00 343.00 87.14 50.00 427.54 88.96 -340.00 163.55 -60.00 116.67 189.46 48.93 246.96 77.13 389.76 28.48 20.00 -4241.69 147.13 261.00 27.70 28.00 98.14 -702.90 33.00 76.26 25.00 196.00 29.00 480.00 EXPE: 06.03.05 13:04:01 Account Iowa City General Ledger System May 2005 Expenditures FY 2005 Expense Reporting For the period 05.01.05 to 05.31.05 YTD Period Appropriated Expenditures Expenditures ------------------------------------------------------------------------------------------- 462030 Sanit. & Ind. Supp. 437.00 246.86 25.45 465020 Gasoline 465050 Other Fuels 465070 Other Lubricants 465080 Fluids Gases & Other 466020 Lumber/hardware 466030 Paint & Supplies 466040 Plumbing Supplies 466050 Electrical Supplies - 466060 Bldg. & Improv. Mat. 466070 Bldg. & Const. Supp. 467020 Minor Equip. Rep Mat 467100 Auto & Light Truck 468010 Surfacing Materials 468020 Concrete 468030 Asphalt 468050 Sand 469040 Traffic Ctrl. Improv 469190 Tools & Minor Equip. 469320 Misc Supplies 469370 Paper Supplies 473010 Contracted Improv. 490040 Capital Projects 490190 Interfund Transfers Out- Fu 2000.00 43.00 11.00 325.00 56.00 210.00 13.00 110.00 86.00 71.00 99.00 169.00 76.00 40.00 1060.00 600.00 450.00 54.00 7000.00 85440.00 24.75 2059.82 31.99 158.18 33.19 1050.00 20.00 1612.93 44.11 215.47 745.31 62.92 308.59 1690.33 832.68 832.68 78320.00 7120.00 Page: 3 Encumbrance Balance % Used ------------ ------------ ------ 190.14 56.49 -24.75 -59.82 102.99 11.01 74.40 11.00 166.82 48.67 56.00 -33.19 210.00 -1037.00 8076.9 110.00 66.00 23.26 71.00 99.00 169.00 -1536.93 2122.2 -4.11 110.28 844.53 20.33 -145.31 124.22 387.08 13.98 54.00 5309.67 24.15 -832.68 7120.00 91.67 -`---------------------- ------------------------------------ ------ GRAND TOTAL **,* 333956.00 275472.26 25430.92 58483.74 ,82.49 City of Iowa City — Airport Revenue & Expenditures Fiscal Year 2005 through May 31, 2005 REVS: 06.03.05 13:05:25 Page: 1 Iowa City General Ledger System FY2005 Revenue thru May 31, 2005 FY 2005 Revenue Reporting For the period 07.01.04 to 05.31.05 _ Estimated YTD Period Account Revenue Revenue Revenue Remainder % ------ - - 369100 Reimb Of Expenses 205.00 -- - 205.00 ------------ -205.00 ------ 369200 Reimb Damages 50.00 50.00 -50.00 381100 Int. On Investments 633.52 633.52 -633.52 382100 Land Rental 45049.00 25706.34 25706.34 19342.66 57.06 382200 Building/Room Rental 172106.00 166251.36 166251.36 5854.64 96.60 364200 Vending Machine Comm 50.40 50.40 -50.40 384900 Other Commissions 18000.00 15462.70 15462.70 2537.30 85.90 393120 General Levy 67000.00 102666.63 102666.63 -35666.63 153.23 GRAND TOTAL *** - ------------------------ 302155.00 ----------- ------------ ------------ 311025.95 ------------ 311025.95 ------------ -8870.95 ------------ ------ 102.94 ----- EXPE: 06.03.05 13:04:48 Iowa City General Ledger System FY2005 Expenditures thru May 31, 2005 FY 2005 Expense Reporting For the period 07.01.04 to 05.31.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance ------------------------------------------------------- 411000 Perm. Full Time ------------ ------------ 94630.00 ------------ 41167.92 ------------ 41167.92 413000 Temporary Employees 2315.00 3200.25 3200.25 414100 Overtime Wages 840.00 1111.95 1111.95 414300 Term. - Vacation Pay 5000.00 4719.28 4719.28 414400 Term. - Sick Leave 166.06 166.06 414500 Longevity Pay 1450.00 908.34 908.34 421100 Health Insurance 14653.00 4932.20 4932.20 421200 Dental Insurance 303.42 303.42 421300 Life Insurance 319.00 130.09 130.09 421400 Disability Insurance 664.00 288.43 288.43 421500 Unemployment Compensation 8060.00 8060.00 422100 Fica 7591.00 3939.35 3939.35 423100 Ipers 5706.00 2505.11 2505.11 424500 Monthly Cellular/PCS 325.00 300.00 300.00 431080 Recording Fees 115.00 7.00 7.00 431111 Engineering Services 2000.00 432020 Annual Audit 137.85 137.85 432060 Consultant Services 26427.09 26427.09 432070 Management Services 16410.28 16410.28 433030 Long Distance Serv. 65.00 19.38 19.38 435051 Wireless Phone Serv. 100.00 435053 Phone Move/Add/Chnge 131.50 131.50 435057 Couriers 43.00 435060 Legal Publications 375.00 436030 Transportation 600.00 3450.00 3450.00 436050 Registration 665.00 250.00 250.00 436060 Lodging 825.00 199.80 199.80 436080 Meals 250.00 437010 Comp. Liability Ins. 10919.00 7798.00 7798.00 437020 Fire & Casualty Ins. 13356.00 437030 Worker's Comp Ins. 215.00 437200 Loss Reserve Payment 5000.00 438010 Stormwater Utility Charges 5919.60 5919.60 436030 Electricity 17874.00 12868.07 12868.07 438050 Landfill Use 246.00 Page: 1 Balance % Used ------------ ------ 53462.08 43.50 -885.25 138.24 -271.95 132.38 280.72 94.39 -166.06 541.66 62.64 9720.80 33.66 303.42 168.91 40.78 375.57 43.44 -8060.00 3651.65 51.90 3200.89 43.90 25.00 92.31 108.00 6.09 2000.00 -137.85 -26427.09 -16410.28 45.62 29.82 100.00 -131.50 43.00 375.00 -2850.00 575.00 415.00 37.59 625.20 24.22 250.00 3121.00 71.42 13356.00 215.00 5000.00 -3919.60 5005.93 71.99 246.00 EXPE: 06.03.05 13:04:48 Account Iowa City General Ledger System FY2005 Expenditures thru May 31, 2005 FY 2005 Expense Reporting, For the period 07.01.04 to 05.31.05 YTD Period Appropriated Expenditures Expenditures Encumbrance ------------------- 438070 -------------------------------- Heating Fuel/Gas ------------ 5551.00 - 5000.14 --- 5000.14 438080 Sewer Utility Charge 860.00 1855.81 1855.81 438090 Water Utility Charge 993.00 1241.42 1241.42 439030 Testing Services 1450.00 902.20 902.20 441010 Vehicle Repairs and Maintenance 1156.00 1018.85 1018.85 442010 Bldg. Rep. & Maint. 1448.00 2517.27 2517.27 442020 Repair Of Structure 1467.00 195.00 195.00 442030 Repair of Heating Equip 765.00 238.00 238.00 442040 Repair of Cooling Equip 544.00 442060 Repair of Electric/Plmbg 120.00 27.61 27.61 443050 Radio Equipment Rep. 26.00 94.08 94.08 443080 Other Repair & Maint 11225.00 3843.27 3843.27 445060 Laundry Service 634.00 720.02 720.02 445070 Equipment Service 1093.00 740.00 740.00 445090 Hauling 500.00 283.99 283.99 445140 Outside Printing 385.00 432.22 432.22 445190 Film Processing 11.00 445230 Technical Services 2668.00 2325.00 2325.00 445240 Word Processing 50.00 446100 City Attorney Chgbck 3874.00 3446.46 3446.46 446130 ITS-PC/Peripheral Support 535.00 875.00 675.00 446160 ITS-Network/Internet Charge 360.00 420.00 420.00 446200 Photocopying Chgback 371.00 181.54 181.54 446300 Phone Equipment/Line Change 1080.00 833.04 833.04 446320 Mail Chargebacks 545.00 155.24 155.24 446330 UPS Chargebacks 20.00 446350 City Vehicle Repl. 9000.00 13241.69 13241.69 449060 Dues & Memberships 361.00 100.00 100.00 449140 Tools & Equip. Rent. 1504.00 1476.00 1476.00 449280 Miscellaneous Expense 702.90 702.90 452010 Office Supplies 139.00 106.00 106.00 452030 Minor Off Equip/Furn 25.00 454040 Books, Mag., Newspap 196.00 455100 Misc Peripherals 29.00 461040 Ag Chemicals 480.00 Page: 2 Balance % Used 550.86 90.08 -995.81 215.79 -248.42 125.02 547.80 62.22 137.15 88.14 -1069.27 173.84 1272.00 13.29 527.00 31.11 544.00 92.39 23.01 -68.08 361.85 7381.73 34.24 -86.02 113.57 353.00 67.70 216.01 56.80 -47.22 112.26 11.00 343.00 87.14 50.00 427.54 88.96 -340.00 163.55 -60.00 116.67 189.46 48.93 246.96 77.13 389.76 28.48 20.00 -4241.69 147.13 261.00 27.70 28.00 98.14 -702.90 33.00 76.26 25.00 196.00 29.00 480.00 EXPE: 06.03.05 13:04:48 Iowa City General Ledger System FY2005 Expenditures thru May 31, 2005 FY 2005 Expense Reporting For the period 07.01.04 to 05.31.05 Page: 3 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 462030 Sanit. & Ind. Supp. 437.00 -------- 246.86 ------------ ------------------------ 246.86 190.14 ------ 56.49 465020 Gasoline 24.75 24.75 -24.75 465050 Other Fuels 2000.00 2059.82 2059.82 -59.82 102.99 465070 Other Lubricants 43.00 31.99 31.99 11.01 74.40 465080 Fluids Gases & Other 11.00 11.00 466020 Lumber/hardware 325.00 158.18 158.18 166.82 48.67 466030 Paint & Supplies 56.00 56.00 466040 Plumbing Supplies 33.19 33.19 -33.19 466050 Electrical Supplies 210.00 210.00 466060 Bldg. & Improv. Mat. 13.00 1050.00 1050.00 -1037.00 8076.9 466070 Bldg. & Const. Supp. 110.00 110.00 467020 Minor Equip. Rep Mat 86.00 20.00 20.00 66.00 23.26 467100 Auto & Light Truck 71.00 71.00 468010 Surfacing Materials 99.00 99.00 468020 Concrete 169.00 169.00 468030 Asphalt 76.00 1612.93 1612.93 -1536.93 2122.2 468050 Sand 40.00 44.11 44.11 -4.11 110.28 469040 Traffic Ctrl. Improv 1060.00 215.47 215.47 844.53 20.33 469190 Tools & Minor Equip. 600.00 745.31 745.31 -145.31 124.22 469320 Misc Supplies 450.00 62.92 62.92 387.08 13.98 469370 Paper Supplies 54.00 54.00 473010 Contracted Improv. 7000.00 1690.33 1690.33 5309.67 24.15 490040 Capital Projects 832.68 832.68 -632.68 490190 Interfund Transfers Out- Fu 85440.00 ------------ 78320.00 78320.00 7120.00 91.67 GRAND TOTAL *** 333956.00 ------------ 275472.26 ------------------------------------ 275472.26 58483.74 ------ 82.49 Y Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION APPROVING A HANGAR USE AGREEMENT WITH THE UNIVERSITY OF IOWA FOR SPACE IN BUILDING H. WHEREAS, the Iowa City Airport Commission and the University of Iowa wish to enter into an agreement for use of space in Building H at the Iowa City Municipal Airport; WHEREAS, the Commission and Gordon Aircraft, Inc. have an agreement to lease said space through December 31, 2006; WHEREAS, Gordon Aircraft, Inc. has agreed to terminate its agreement with the Commission on the condition that the Commission enter into a use agreement with the University of Iowa; WHEREAS, the use agreement with the University of Iowa is attached to this resolution and incorporated herein; WHEREAS, it is in the Commission's best interest to enter into said use agreement with the University of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Hangar Use Agreement, a copy of which is attached. Passed and approved this day of CHAIRPERSON ATTEST: SECRETARY It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office AYES: NAYS: ABSENT: Hartwig Staley Williams 2005. the Resolution be HANGAR USE AGREEMENT This HANGAR USE AGREEMENT ("Agreement") entered into by and between the Iowa City Airport Commission ("Commission") and the University of Iowa, ("University"). In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: Use of the Hangar Space. The Commission hereby grants an exclusive limited use license to University for hangar # 35 in Building H (Hangar Space) located at the Iowa City Municipal Airport (Airport) and described as follows: a 60' by 80' hangar with a 60' bi-fold door and 800 square feet of office space. The Hangar Space shall be used and occupied by University principally for the storage of the following aircraft: Aircraft Make & Model: Beech A36 Bonanza Aircraft Registration Number: N23540 Aircraft Registered Owner Name: University of Iowa Registered Owner Home and Business Telephone Numbers: University of Iowa. 319 3355722 University shall promptly notify the Commission in writing of any change in the information furnished above. University may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event University is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Agreement applicable to the Aircraft shall also be applicable to the substitute aircraft. 2. Term. The term of this Agreement shall commence on June 1, 2005 ("commencement date"), and shall end on the last day of the month of June, 2010.. University shall have the option of an additional five (5) year term, if written notification is given to the Commission one hundred and twenty (120) days prior to the expiration of the original five-year Agreement. Fees will be reviewed and negotiated based on fair market value for the additional five-year term if the option is requested. In the event University shall continue to occupy the Hangar Space beyond the term of this Agreement without executing an Agreement for another term, such holding over shall not constitute a renewal of this Agreement but shall be on a month -to -month basis only. 3. Fees. For the use of the Hangar Space, University shall pay the Commission the amount of $1,330.00 per month. A 1.5% late fee (which is $19.90 per day) for Fees not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Deposit. At the time of execution of this Agreement, University shall pay to the Commission in trust the sum of one month's Fees to be held as a deposit. In the event that the University renews the Agreement, the deposit will be held for the next Agreement term. If the University does not renew the Agreement, the Commission shall return the deposit to the University, less any amounts due the Commission for Fees and damages to the Hangar Space. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for aircraft storage consistent with federal regulations and all uses in the Minimum Standards b. University may park a car(s) in the Hangar Space during such time that University 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. d. No other commercial activity other than aircraft storage shall be conducted by University in, from or around the Hangar Space unless approved by the Commission or previously approved. e. University shall take steps to ensure that the performance of any approved activity shall not damage the Hangar Space or the Airport. University has non-exclusive use of the 10,000-gallon underground fuel tank west of Building H. The Commission will be responsible for maintenance and insurance for the fuel tank, but after consultation with University, may remove the tank if it becomes, at the Commission's sole discretion, cost -prohibitive to maintain. The Commission shall give the Univiersity ninety (90) days notice before the tank is removed, and the University shall have the option within those ninety (90) days to assume all maintenance and insurance costs in lieu of removal. The tank is to be used by University or permanent hangar #35 users. No fuel is to be resold. Any licensee using the fuel tank must purchase their own fuel and have it delivered to the tank. A $.10 per gallon fuel flowage fee will be paid to the Commission no later than thirty (30) days after the delivery of the fuel. A copy of the fuel delivery ticket is to be received by the Commission no later than seven (7) days after the fuel delivery. g. University 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. University shall keep the Hangar Space clean and free of debris at all times. h. In utilizing the Hangar Space during the term of this Agreement, University shall comply with all applicable ordinances, rules, and regulations established by federal, state or local government agencies. At no time shall University start or run an Aircraft engine(s) within the Hangar or Hangar Space. j. On the termination of this Agreement, by expiration or otherwise, University 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. University shall be liable for any and all damage to the Hangar or to the Hangar Space caused by its use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to University's improper or negligent operation. I. University agrees, at its own expense, to pay for the monthly costs of all utilities for the Hangar Space. University is responsible for its own refuse disposal. 6. Rights and Obligations of University. a. University 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 3 Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. University shall be responsible to maintain the interior of the hangar and office space, to include, but not limited to 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 University constructed structures and equipment. The Commission may change the automatic locking mechanism on the bi-fold door. The Commission shall be the sole judge of the due maintenance undertaken by the University, 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 University shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. C. University shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Extinguisher must be mounted and be rated at least 2A 4013C. d. University shall not store any materials outside the Hangar Space. e. University shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 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 University's use and enjoyment of the Hangar Space. C. In no event, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of University, its employees oe agents. However, if due to any negligent or willful act by the University, its employees or agents, there is a need for maintenance or repair of damage, then University shall do such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the University. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Assignment. University shall not assign this Agreement without the prior written approval of the Commission. It is acknowledged that University has been approved to assign office and hangar space to the University of Iowa Operator Performance Laboratory for operation of an aircraft simulator and associated equipment. 9. Condition of Premises. the Iowa Tort Claims Act (Iowa Code Chapter 669) which also sets forth the procedures by which tort claims may be brought. b. Commission shall provide and maintain Commercial General Liability insurance with a minimum limit. of $1,000,000 per occurrence, including contractual liability. Such insurance shall be issued by insurance companies duly authorized to engage in the insurance business in the State of Iowa, with an A.M. Best's rating of A-, VII or better. C. Commission shall provide the appropriate certificate(s) of insurance to the University at the following address: University of Iowa Risk Management Attn: Kathryn Kurth 305 Plaza Centre One Iowa City, Iowa 52242-250Q d. Commission shall provide 30 days notice to University for canceled or non - renewed policies. 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 Fees payable hereunder shall not abate provided that the Hangar Space is not rendered unuseable by such damage. If the Hangar Space is rendered unuseable and Commission elects to repair the Hangar or Hangar Space, the Fees shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of University, its employees, agent or invitees, in which case the Fees shall not abate. If the Hangar or Hangar Space is rendered unuseable and Commission elects not to repair the Hangar or Hangar Space, this Agreement shall terminate. 17. Responsibility. University agrees to be responsible for all claims and damages, including reasonable attorney fees, that directly result from the negligent acts or omissions of the University, its employees, or agents to the extent permitted by Iowa Code Chapter 669. The Commission shall not be liable for its failure to perform this Agreement 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 University 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 University, its employees, or agents during the term of this Agreement, including, but not limited to, loss, damage or injury to the Aircraft or other property of University 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 4 University 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. University 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 Agreement, however terminated, without compensation or payment to University. 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 (2003), may be stored, located, or contained in the Hangar Space without the Commission's prior written approval and be in proper storage containers. b. University shall handle, use, store and dispose of fuel petroleum products, and all other non -"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. 12. Special Events. During special events at the Airport, University 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. University's failure to comply with the altered procedure is a default of this Agreement, and the Commission may proceed to terminate this Agreement. 13. Airport Rules and Regulations. University agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Agreement. Commission shall provide University with a copy of said regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Agreement upon at least 24 hours notice to the University for any purpose necessary, incidental to or connected with the performance of its obligations under the Agreement 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 University after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the University's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. If upon execution of this Agreement, the University wants to change the lock to the Hangar Space, it shall provide written notice to the Commission before it does so and shall provide a key to the Commission within twenty-four hours of changing the lock. 15. Insurance. a. The University of Iowa is an agency of the State of Iowa and as such, is self - insured for liability. Claims against the State of Iowa are handled as provided in 4 profits or other damage related to the usage of the Hangar Space under this Agreement. 19. Attorney Fees. If the either party files an action in district court to enforce its rights under this Agreement and if judgment is entered against the other party, the other party shall be liable to and shall pay for the attorney fees incurred in enforcing the Agreement and in obtaining the judgment. 20. Event of Default. This Agreement shall be breached if: (a) University fails to make the Fee payment; or (b) University 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 University, 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 University: a. Termination. Commission may elect to terminate the Agreement by giving no less than thirty (30) days prior written notice thereof to University and upon passage of time specified in such notice, this Agreement and all rights of University 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 University shall remain liable as provided in this paragraph. b. Commission shall have the immediate right upon Termination of this Agreement to bring an action for forcible entry and detainer. c. University to remain liable. No termination of this Agreement pursuant to this paragraph, by operation or otherwise, and no repossession of the Hangar Space or any part therof shall relieve University of its liabilities and obligations hereunder, all of which shall survive such Termination. d. Damages. In the event of any occurrence of an Event of Default caused solely by the University, University shall pay to the Commisison the Fees and other sums and charges required to be paid by University for the period to and including the end of the Term. In the event of any occurrence of an Event of Default not caused solely by the University or for any other cause for Termination of this Agreement, University shall only pay such Fees and charges for the period to and including the date of Termination. 21. Security. University 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 Agreement, and University agrees that the Commission shall not be liable for any damages to University that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Agreement shall have the right, with cause, to terminate this Agreement by giving thirty (30) days' prior written notice to the other party. 24. FAA Provisions. a. 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 Agreement shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. University acknowledges and agrees that the rights granted to University in this Agreement will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport b. The Commission reserves the right (but shall not be obligated to University) to maintain and 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 University in this regard. C. 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 University, and without interference or hindrance. 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 University 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. e. 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. f. 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. g. 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. h. The Agreement 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 Agreement shall be cumulative and not exclusive, and shall. be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Agreement, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Airport 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 Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to University, addressed to: University of Iowa University Business Manager Suite 305 Plaza Center One Iowa City, Iowa 52242 27. This section intentionally left blank. 28. Integration. This Agreement constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the use of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Agreement 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 Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION M Title: Randall D. Hartwig, Chairperson Approved: City Attorney's Office Date: Attest: John Staley, Secretary UNIVERSITY OF IOWA Title: Business Manager Date: City of Iowa City MEMORANDUM CONIRWNTIA TO: Airport Commission P EDATroRNEiY/CL FROM: Susan Dulek, Assistant City Attorney COlVII1OMCAIMN DATE: June 3, 2005 RE: Closed Session/Unpaid Rent This memo is to explain an item on the June 9, 2005 agenda as well as to provide you with information on closed (also called executive) sessions. One item on the agenda is a motion to go into closed session to discuss imminent litigation. Renewable Fuels, Inc. is a T-hangar tenant. Rent for the months November 2004 through June 2005 is unpaid in the amount of $1,188.00 (8 months x $148.50/mo). There has been no response to the demands by the Chairperson and me to pay the rent and to sign a lease. I am enclosing for your information a copy of a letter from me dated March 18, 2005. Iowa Code section 22.5(1)(c) allows a public body to go into closed session to discuss imminent litigation with counsel. If such a motion passes and the Commission goes into closed session, the discussion about what to do will occur without the public being present. However, no decision is made in closed session. The Commission can discuss the options and ask me questions, but it cannot make a decision in closed session. The Commission will return to open session and then make a decision, for example, to direct me to sue for the unpaid rent and/or for possession (i.e., eviction). If you have questions about this matter, please do not hesitate to contact me. Enc. r March 18, 2005 Renewable Fuels, Inc. %Jim McCrabb 1230 Country Heights Lane West Liberty, IA 52776 In re: T-Hangar Rent and lease Dear Mr. McCrabb: � r +. �wrago �. City of 01 AC ' � M I represent the Iowa City Airport Commission. Rent on the T-Hangar you lease from the Commission is past due for the months of November 2004 through March 2005. Unless $742.50 ($148.50 per month x 5 months) is paid to the Commission by April 1, 2005, I will advise the Commission of its legal options. The Commission records show that you not have signed a current lease and have not provided the Commission with a certificate of insurance as required. Please contact either Ron Duffe or Randy Hartwig to get a lease. Please return a signed lease along with the certificate of insurance to the Commission by April 1, 2005. If you would like to discuss this matter, please contact me at 356-5030. Sincerely, Susan Dulek Assistant City Attorney Copy to: Randy Hartwig 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009