CXLIV - The Tempe era set to begin as ASU opens Mullett Arena

[PredsHead]

The four mayors have endorsed the project. They were all responsible for the creation and development of the Tempe Town Lake area. Each and everyone of them have had to deal with Phoenix (and the airport) over the years so they are quite experienced in how this is going down.

For them it’s not about TED as it is getting sick and tired of Phoenix flexing itself at their expense.

This is an economic turf war going on right now. The Coyotes moving out to Glendale was just another example of one that took place nearly 25 years ago between Glendale and Scottsdale. Only that one was more of an ego trip between the city’s mayors at the time.

I understand they have endorsed the project, they just all happened to be in town and free for a press conference less then 48 hours after the suit gets dropped? But were all completely blindsided by it? If Tempe is so tired of this and that, then why did they agree to the deal in November with Sky Harbor? What changed for them from then to today?

 

[Fairview]

I understand they have endorsed the project, they just all happened to be in town and free for a press conference less then 48 hours after the suit gets dropped? But were all completely blindsided by it? If Tempe is so tired of this and that, then why did they agree to the deal in November with Sky Harbor? What changed for them from then to today?

They are on “retainer” shall we say

 

[TheLegend]

I understand they have endorsed the project, they just all happened to be in town and free for a press conference less then 48 hours after the suit gets dropped? But were all completely blindsided by it? If Tempe is so tired of this and that, then why did they agree to the deal in November with Sky Harbor? What changed for them from then to today?

They are all long term Tempe residents.

They were at a gathering for TempeWins when this dropped.

 

[Fairview]

It’s funny how some posters on here can claim that any report against the Coyotes is is because they have a personal issue against the team but when the opposite is suggested for good reason they take offense. I guess we can now view his supposed posts for what they actually are

 

[PredsHead]

They are all long term Tempe residents.

They were at a gathering for TempeWins when this dropped.

I could be wrong but I think you have your days mixed up. The news about the suit dropped Tuesday evening, the gathering of the mayors was yesterday. Sources:
Tempe Leaders Show Up in Force as Special Election Nears
City of Phoenix suing Tempe for development that includes Coyotes arena

 

[TheLegend]

I could be wrong but I think you have your days mixed up. The news about the suit dropped Tuesday evening, the gathering of the mayors was yesterday. Sources:
Tempe Leaders Show Up in Force as Special Election Nears
City of Phoenix suing Tempe for development that includes Coyotes arena

So they waited until they got to a gathering that was planned before the news dropped?

If you’re looking for some sort of nefarious behavior you might want to check out the PAC supposedly behind Tempe1st (and is listed as the site’s sponsor)who right now isn’t even recognized by the AZ Secretary of State’s office as an active PAC (official status is Terminated).

Yet they have an open fundraising portal on ActBlue.

 

[mouser]

I understand they have endorsed the project, they just all happened to be in town and free for a press conference less then 48 hours after the suit gets dropped? But were all completely blindsided by it? If Tempe is so tired of this and that, then why did they agree to the deal in November with Sky Harbor? What changed for them from then to today?

Maybe I’m missing some context here, but exactly what deal did the City of Tempe agree to with Sky Harbor in November?

 

[TheLegend]

It’s funny how some posters on here can claim that any report against the Coyotes is is because they have a personal issue against the team but when the opposite is suggested for good reason they take offense. I guess we can now view his supposed posts for what they actually are

Self reflection??

PredsHead is making some honest points about the situation and we just disagree on the context some.

But I have a small advantage in that I live here and follow things a bit closer than the average person who participates in this forum on a regular basis.

And substantially more than the person who sits on the sidelines making the occasional drive-by chirp.

 

[PredsHead]

Maybe I’m missing some context here, but exactly what deal did the City of Tempe agree to with Sky Harbor in November?

Deal was probably the wrong word to use, but they appear to have had some sort of tentative agreement regarding expansion plans at Sky Harbor and TED. Sky Harbor pulls their campaign to stop TED in exchange for Tempe agreeing not to block the airports next move.

Straight from the compaint:

"On June 2, 2022, the Tempe City Council had a public meeting on the TED, where Phoenix presented its position and explained that the TED’s residential units (but not the other aspects of the TED) would violate the Agreement. On October 14, 2022, Phoenix and Tempe representatives met to discuss a potential resolution of the dispute over the Agreement. Phoenix and Tempe representatives met again on October 18, and again on November 1, to continue discussing a potential resolution. On November 22, 2022, Phoenix and Tempe representatives again met to discuss a potential resolution. That same day, at a Tempe City Council hearing concerning the TED, Phoenix publicly presented its position regarding the TED and how its residential units would violate the Agreement. On November 26, 2022, the Mayor of Phoenix and the Mayor of Tempe met to discuss a potential resolution of the dispute. On November 29, 2022, at a Tempe City Council hearing concerning the TED, Phoenix again publicly presented its position regarding the TED and how its residential units would violate the Agreement. That same day, Phoenix had a telephonic meeting with the TED Developer to discuss the Agreement and the TED. On November 3 and December 1, 2022, at Tempe City Council hearings concerning Modera, Phoenix again publicly presented its positions regarding Modera and how its residential units would violate the Agreement. After the Tempe City Council voted to advance the TED and Modera projects, Phoenix proposed to Tempe a possible resolution of their dispute over the Agreement and the TED’s and Modera’s residential units. But, on January 16, 2023, Tempe rejected that proposed resolution. The next day, on January 17, 2023, the Phoenix City Manager and the Tempe City Manager again discussed a proposed resolution and Tempe’s rejection of Phoenix’s earlier proposed resolution. On January 30, 2023, Phoenix and Tempe representatives met, again, to discuss a possible resolution. On January 31, 2023, Phoenix sent Tempe the Airport’s 2019 noise contours, as Tempe had requested. On February 2, 2023, Phoenix sent Tempe more materials and information, as Tempe had requested. On February 7, 2023, Phoenix sent Tempe a proposed draft amendment to the Agreement, as Tempe had requested. On February 9, 2023, Phoenix presented at the Tempe City Council, regarding certain aspects of a proposed resolution of the dispute over the Agreement. On March 17, 2023, the Tempe City Manager sent the Phoenix City Manager two letters, rejecting Phoenix’s proposed resolution and further delaying any resolution of this dispute over the Agreement. In these letters, Tempe’s City Manager said that “Tempe is currently unable to respond” and “Tempe cannot yet agree.” Tempe did not provide a timeline for its answer, instead stating only that “Tempe will proceed with all deliberate speed.”"

 

[TheLegend]

Deal was probably the wrong word to use, but they appear to have had some sort of tentative agreement regarding expansion plans at Sky Harbor and TED. Sky Harbor pulls their campaign to stop TED in exchange for Tempe agreeing not to block the airports next move.

Straight from the compaint:

"On June 2, 2022, the Tempe City Council had a public meeting on the TED, where Phoenix presented its position and explained that the TED’s residential units (but not the other aspects of the TED) would violate the Agreement. On October 14, 2022, Phoenix and Tempe representatives met to discuss a potential resolution of the dispute over the Agreement. Phoenix and Tempe representatives met again on October 18, and again on November 1, to continue discussing a potential resolution. On November 22, 2022, Phoenix and Tempe representatives again met to discuss a potential resolution. That same day, at a Tempe City Council hearing concerning the TED, Phoenix publicly presented its position regarding the TED and how its residential units would violate the Agreement. On November 26, 2022, the Mayor of Phoenix and the Mayor of Tempe met to discuss a potential resolution of the dispute. On November 29, 2022, at a Tempe City Council hearing concerning the TED, Phoenix again publicly presented its position regarding the TED and how its residential units would violate the Agreement. That same day, Phoenix had a telephonic meeting with the TED Developer to discuss the Agreement and the TED. On November 3 and December 1, 2022, at Tempe City Council hearings concerning Modera, Phoenix again publicly presented its positions regarding Modera and how its residential units would violate the Agreement. After the Tempe City Council voted to advance the TED and Modera projects, Phoenix proposed to Tempe a possible resolution of their dispute over the Agreement and the TED’s and Modera’s residential units. But, on January 16, 2023, Tempe rejected that proposed resolution. The next day, on January 17, 2023, the Phoenix City Manager and the Tempe City Manager again discussed a proposed resolution and Tempe’s rejection of Phoenix’s earlier proposed resolution. On January 30, 2023, Phoenix and Tempe representatives met, again, to discuss a possible resolution. On January 31, 2023, Phoenix sent Tempe the Airport’s 2019 noise contours, as Tempe had requested. On February 2, 2023, Phoenix sent Tempe more materials and information, as Tempe had requested. On February 7, 2023, Phoenix sent Tempe a proposed draft amendment to the Agreement, as Tempe had requested. On February 9, 2023, Phoenix presented at the Tempe City Council, regarding certain aspects of a proposed resolution of the dispute over the Agreement. On March 17, 2023, the Tempe City Manager sent the Phoenix City Manager two letters, rejecting Phoenix’s proposed resolution and further delaying any resolution of this dispute over the Agreement. In these letters, Tempe’s City Manager said that “Tempe is currently unable to respond” and “Tempe cannot yet agree.” Tempe did not provide a timeline for its answer, instead stating only that “Tempe will proceed with all deliberate speed.”"

Okay let’s back up..

In Novermber….. at the council meeting Phoenix said they were satisfied with the concessions that Meruelo made (primarily he would cover any litigation costs over noise complaints directed at Sky Harbor) and that they no longer had objections to the project going forward.

But… he also mentioned that as long as Phoenix and Tempe could continue discussions on the IGA and settling any differences they had.

This is the text of the actual letter from Tempe to Phoenix on March 17.

With respect to approving the CAMP project, while Tempe concurs with its underlying concept, and its purpose of supporting the regional economy, Tempe cannot cede its ability to object without full evaluation of future noise, air quality, traffic and other impacts on the residents of Tempe, which, in the absence of an approved EIS are not yet known. Tempe understands that the proposed runway extension to the West has potential benefits to Tempe, but without further analysis, Tempe cannot yet agree that its benefits will outweigh its costs. Tempe will proceed with all deliberate speed to evaluate potential impacts from the proposed runway extension, which will, despite its potential benefits, enable larger, and potentially heavier and thus noisier aircraft to operate, and the cross- field taxiway which will expedite the number and speed of aircraft operations and, therefore, increase airport capacity and accompanying impacts. In summary, Tempe looks forward to receiving all future information/documentation Phoenix prepares or receives in connection with the CAMP project. With each critical milestone, we will continue to evaluate and respond to Phoenix.

Now… care to explain how Tempe is just cutting Phoenix off and saying “we aren’t going to talk anymore.

The text is pretty clear here. Tempe wants to continue talking. But they want to know more about Phoenix’s plans.

 

[Devils 3silverones]

Short of being in the "room", I think we all appreciate the inner most updates. Opinions vary, and all should be read, listened to.
There is some serious disconnect between the options that matter.

 

[PredsHead]

Okay let’s back up..

In Novermber….. at the council meeting Phoenix said they were satisfied with the concessions that Meruelo made (primarily he would cover any litigation costs over noise complaints directed at Sky Harbor) and that they no longer had objections to the project going forward.

But… he also mentioned that as long as Phoenix and Tempe could continue discussions on the IGA and settling any differences they had.

This is the text of the actual letter from Tempe to Phoenix on March 17.



Now… care to explain how Tempe is just cutting Phoenix off and saying “we aren’t going to talk anymore.

The text is pretty clear here. Tempe wants to continue talking. But they want to know more about Phoenix’s plans.

From Sky Harbor's site on TED (link):

Why is this significant? The proposed Tempe Entertainment District and Modera developments include thousands of residential units directly under the flight path and within the 65 DNL noise contour. It is well documented that people living in 65 DNL high noise contours directly adjacent to airports and under flight paths grow tired of and seek relief from aircraft noise and begin to file complaints which call for constraining airport capacity and growth. Given Tempe is willfully authorizing residential development in this area, it is appropriate and reasonable that Tempe’s position with respect to the airport be formally conveyed along with assurances that they will continue to support airport development when faced with expected opposition from these residents. In an attempt to resolve this with Tempe, Phoenix participated in a Tempe Council Work Session on February 9th.

In another letter Tempe stated they could not commit to prohibiting future residential development inside the 65 DNL noise contour until they had completed their own noise contour map – even though Phoenix provided Tempe with a letter from the FAAthat removes all ambiguity as to their approval of the 2019 noise contours as the official Sky Harbor noise contours.

Why is this significant? Encroachment and incompatible development must be addressed to protect the long-term future of Sky Harbor. Differing interpretations of the plain language contained the IGA between the two cities are at the heart of our dispute. Rather than proceed with protracted and costly litigation to resolve our dispute as is contemplated in the IGA, Phoenix sought to resolve this by coming to an administrative agreement that Tempe either take no future actions to permit incompatible development in this 1.2 square mile section of land, or to resolve our dispute through another form of administrative process such as binding arbitration.

Phoenix was disappointed to receive these two letters from Tempe. We relied on Tempe to act on a negotiated solution.

 

[Llama19]

 

[MNNumbers]

I'm no lawyer, but I think the lawsuit is just bad news for Coyote fans. I don't suppose it can be thrown out in a summary judgment, so I suspect it will slow the whole arena process down, because the matter will have to go through the courts.

Even if Meruelo isn't part of the suit, I don't think he proceeds without assurances of the residential part of the development.

 

[PredsHead]

I'm no lawyer, but I think the lawsuit is just bad news for Coyote fans. I don't suppose it can be thrown out in a summary judgment, so I suspect it will slow the whole arena process down, because the matter will have to go through the courts.

Even if Meruelo isn't part of the suit, I don't think he proceeds without assurances of the residential part of the development.

Yeah which is why I find it so odd that Tempe sent those two letters. It basically guaranteed that Sky Harbor would do this. Also why would anyone take a chance on lending Meruelo any money for this project now, or buy the bonds they need to start the remediation?

 

[Dirty Old Man]

As if the PA can "force a move". Keep dreaming relocationistas.

 

[TheLegend]

As if the PA can "force a move". Keep dreaming relocationistas.

They can't.... new head of the PA is trying to make waves.

(btw.... I would take things coming from the operator of the ZoneNordiques site as seriously as I would any four legged furry animal)

From Sky Harbor's site on TED (link):

Why is this significant? The proposed Tempe Entertainment District and Modera developments include thousands of residential units directly under the flight path and within the 65 DNL noise contour. It is well documented that people living in 65 DNL high noise contours directly adjacent to airports and under flight paths grow tired of and seek relief from aircraft noise and begin to file complaints which call for constraining airport capacity and growth. Given Tempe is willfully authorizing residential development in this area, it is appropriate and reasonable that Tempe’s position with respect to the airport be formally conveyed along with assurances that they will continue to support airport development when faced with expected opposition from these residents. In an attempt to resolve this with Tempe, Phoenix participated in a Tempe Council Work Session on February 9th.

In anotherletter Tempe stated they could not commit to prohibiting future residential development inside the 65 DNL noise contour until they had completed their own noise contour map – even though Phoenix provided Tempe with a letter from the FAAthat removes all ambiguity as to their approval of the 2019 noise contours as the official Sky Harbor noise contours.

Why is this significant? Encroachment and incompatible development must be addressed to protect the long-term future of Sky Harbor. Differing interpretations of the plain language contained the IGA between the two cities are at the heart of our dispute. Rather than proceed with protracted and costly litigation to resolve our dispute as is contemplated in the IGA, Phoenix sought to resolve this by coming to an administrative agreement that Tempe either take no future actions to permit incompatible development in this 1.2 square mile section of land, or to resolve our dispute through another form of administrative process such as binding arbitration.

Phoenix was disappointed to receive these two letters from Tempe. We relied on Tempe to act on a negotiated solution.

I asked if YOU feel Tempe's letter is indicative of them violating any agreement.

You respond by quoting the City of Phoenix's narrative.

I KNOW what Phoenix wants. If all you're going to do is continue to be the mouthpiece here for them then your going to be extremely disappointed.

 

[PredsHead]

I asked if YOU feel Tempe's letter is indicative of them violating any agreement.

You respond by quoting the City of Phoenix's narrative.

I KNOW what Phoenix wants. If all you're going to do is continue to be the mouthpiece here for them then your going to be extremely disappointed.

What? You said:

Now… care to explain how Tempe is just cutting Phoenix off and saying “we aren’t going to talk anymore.

and well since the Sky Harbor website already did the work for me, why rewrite it? But since you insist......

Yes I believe there was some sort of tentative agreement between Sky Harbor and Tempe about the airport expansion and TED. They appear to have had meetings and correspondence about this up until the letters were sent by Tempe. In both letters Tempe is effectively withdrawing from negotiations until all their conditions are met. What changed for Tempe that they felt they needed to send the letters? If I am a resident of Tempe I am wanting to know why my mayor and city manager were naïve enough to send those letters and not think they were going to get sued immediately. This should have been hashed out in the city council meetings but they did the tentative agreement so they could get this rubberstamped through without a fight from the airport,

 

[TheLegend]

What? You said:

and well since the Sky Harbor website already did the work for me, why rewrite it? But since you insist......

Yes I believe there was some sort of tentative agreement between Sky Harbor and Tempe about the airport expansion and TED. They appear to have had meetings and correspondence about this up until the letters were sent by Tempe. In both letters Tempe is effectively withdrawing from negotiations until all their conditions are met. What changed for Tempe that they felt they needed to send the letters? If I am a resident of Tempe I am wanting to know why my mayor and city manager were naïve enough to send those letters and not think they were going to get sued immediately. This should have been hashed out in the city council meetings but they did the tentative agreement so they could get this rubberstamped through without a fight from the airport,

I showed you the text of the letter from Tempe where they specifically said they were still studying the information given to them and could not commit to a response at that point. They also welcomed anymore information they could get.

That's not "withdrawing" from any negotiations.

And I asked you to explain to me (and everyone else) how the text of that letter is Tempe declaring "no more talks". I don't want Sky Harbor's definition of the letter. I want yours.

Mind you this is not about TED at this point. Everything about TED was fairly well settled at the November 29th meeting.

Sky Harbor's Director (18:30 mark) mentions while they still have objections to the housing, they were satisfied the mitigations put in place by the developer. Which included cutting the number of units from 2100 down to 1995, and the developer (Meruelo) covering any litigation costs for noise complaints (as outlined in the DDA).



This is about the current IGA and Sky Harbor's future plans to expand which more than likely will mean that IGA will have be better defined than it is now. TED is being brought into this because Phoenix wants to pressure Tempe into giving them what they want and TED is leverage. Even though the Coyotes are not even part of their fling.

 

[PredsHead]

I showed you the text of the letter from Tempe where they specifically said they were still studying the information given to them and could not commit to a response at that point. They also welcomed anymore information they could get.

That's not "withdrawing" from any negotiations.

And I asked you to explain to me (and everyone else) how the text of that letter is Tempe declaring "no more talks". I don't want Sky Harbor's definition of the letter. I want yours.

Mind you this is not about TED at this point. Everything about TED was fairly well settled at the November 29th meeting.

Sky Harbor's Director (18:30 mark) mentions while they still have objections to the housing, they were satisfied the mitigations put in place by the developer. Which included cutting the number of units from 2100 down to 1995, and the developer (Meruelo) covering any litigation costs for noise complaints (as outlined in the DDA).



This is about the current IGA and Sky Harbor's future plans to expand which more than likely will mean that IGA will have be better defined than it is now. TED is being brought into this because Phoenix wants to pressure Tempe into giving them what they want and TED is leverage. Even though the Coyotes are not even part of their fling.

Clearly Sky Harbor disagrees with your notion about everything with TED being settled back in November. If I recall correctly most of the stuff that was worked out with Meruelo in November were the issues the FAA itself had with the plan, not necessarily Sky Harbor things like Building heights, crane heights and how long the the cranes would be deployed. As for withdrawing from negotiations, the second letter that Tempe just coincidently sent on exactly the same day has this line: "In summary, Tempe is currently unable to respond without completing its contour map and obtaining all necessary public input" which basically ends current negotiations. Sky Harbor's filing makes clear that they felt the negotiations were going fine until the letters were sent. Again what changed for Tempe to cause the letters to be sent? Clearly something changed from their end to cause them to send them? If Phoenix or Sky Harbor or some other boogeyman did something so horrible to Tempe they felt they needed to send the letters why not tell the public? You had a press conference with all the best and brightest supporters, several former mayors and I believe at least one current council member there (thought I saw Randy Keating there in pictures) and no one thought to bring up what prompted sending the letters? That seems odd....

 

[Tom ServoMST3K]

I pride myself on knowing things and having smart opinions about the coyotes situation (because I followed the background for so long) and I've covered many a council meeting for smaller cities, so I generally have a handle on how municipal politics work.

But this one is waaaay above my pay grade, lol.

In general, when it comes to municipality vs municipality fights I've seen, the status quo and what municipality is the big brother play a big factor, but this is development pretty deep inside Tempe, not on the border right?

My guess is with ownership committing to cover noise complaint lawsuits, this won't affect this spicific project, but it's definitely bad news for the Tempe-Phoenix relationship, lol.

But as I said, fights between municipalities of this size are well beyond my pay grade and experience.

 

[mouser]

I pride myself on knowing things and having smart opinions about the coyotes situation (because I followed the background for so long) and I've covered many a council meeting for smaller cities, so I generally have a handle on how municipal politics work.

But this one is waaaay above my pay grade, lol.

In general, when it comes to municipality vs municipality fights I've seen, the status quo and what municipality is the big brother play a big factor, but this is development pretty deep inside Tempe, not on the border right?

My guess is with ownership committing to cover noise complaint lawsuits, this won't affect this spicific project, but it's definitely bad news for the Tempe-Phoenix relationship, lol.

But as I said, fights between municipalities of this size are well beyond my pay grade and experience.

The development site begins about a mile east of the Tempe/Phoenix border. At the same time it's also about a mile west of the downtown Tempe core, and most of the major Tempe development to date is within three miles of that same Tempe/Phoenix border either in downtown Tempe or bordering the Tempe Town Lake.

Tempe at its widest point is a little over 5 miles wide east to west. The airport runaways align with Tempe's main development corridor.

Tempe is colored purple in this map. Note the city extends further south a few miles. The big red chunk in the middle is land owned by Arizona State University.

Highlights added:
- Arena site is Green
- Downtown Tempe is Yellow
- Tempe Town Lake is Aqua

 

[Stumbledore]

As if the PA can "force a move". Keep dreaming relocationistas.

I'm not dreaming and I'm not a relocationist (although I do want to see Gary Berman's feet held to the fire over the Coyotes mess -- hell, I'd love to see him thrown in head first, but I digress). But I do recall there was something either added (or taken out?) of the standard players contract about 2017 which can trigger invalidation if the team cannot meet certain guarantees. I was winding things down back then and forced into rapid retirement so I didn't pay a lot of attention but somebody cited various points to me that sounded like the Coyotes could stay intact and maintain their NHL membership but none of the players would be required to play for them.

I know, can you be anymore vague and ambiguous than that? Hey, you try getting old.

The point I'm making here is that Marty Walsh isn't stupid and won't raise threatening overtones unless he has something to back it up. Bettman can dismiss 'making waves'. I don't think he'll dismiss Walsh. Just my opinion, YKMV.

The development site begins about a mile east of the Tempe/Phoenix border. At the same time it's also about a mile west of the downtown Tempe core, and most of the major Tempe development to date is within three miles of that same Tempe/Phoenix border either in downtown Tempe or bordering the Tempe Town Lake.

Tempe at its widest point is a little over 5 miles wide east to west. The airport runaways align with Tempe's main development corridor.

Tempe is colored purple in this map. Note the city extends further south a few miles. The big red chunk in the middle is land owned by Arizona State University.

View attachment 680603

Mouser, your geographic lessons/graphs are always much appreciated!

 

[jonathan613]

I could be off base here but as i understand it the TED proposal has 2 or more phases. The 1st is the initial building on an arena (as well as associated environmental cleanup) with some additional entertainment options as well. Only later on is the phase where residential apartments are built. As i understand it, it is only this phase that Sky harbor objects to. So in theory, if the 3 props on the May 16th were to pass, the coyotes could still go ahead and build an arena without needing to fight any lawsuit against sky harbor. If the coyotes and the Tempe city council are so confident , they will win the lawsuit then they should pledge to build the arena regardless of how the lawsuit plays out taking on the associated economic risk. If they are not so confident about winning such a lawsuit then if i were a voter i would want to see a formal settlement on the issue reached in writing prior to voting yes, which is how i would want to vote.

The question i would have is how long a lawsuit would take to be decided? Would it be sufficent to simply have tempe file a motion for a summary judgement so maybe it would not be such a lengthy or crippling project

 

[TheLegend]

Clearly Sky Harbor disagrees with your notion about everything with TED being settled back in November. If I recall correctly most of the stuff that was worked out with Meruelo in November were the issues the FAA itself had with the plan, not necessarily Sky Harbor things like Building heights, crane heights and how long the the cranes would be deployed. As for withdrawing from negotiations, the second letter that Tempe just coincidently sent on exactly the same day has this line: "In summary, Tempe is currently unable to respond without completing its contour map and obtaining all necessary public input" which basically ends current negotiations. Sky Harbor's filing makes clear that they felt the negotiations were going fine until the letters were sent. Again what changed for Tempe to cause the letters to be sent? Clearly something changed from their end to cause them to send them? If Phoenix or Sky Harbor or some other boogeyman did something so horrible to Tempe they felt they needed to send the letters why not tell the public? You had a press conference with all the best and brightest supporters, several former mayors and I believe at least one current council member there (thought I saw Randy Keating there in pictures) and no one thought to bring up what prompted sending the letters? That seems odd....

Re FAA: To this day… the only decisive ruling coming out of the FAA is a declaration that because the proposed housing is in the 65dB contour, the developer is not eligible for using federal funds to resolve noise mitigation.

The FAA will have to issue a permit that allows a crane to temporarily penetrate into the designated flight envelope and those are usually given. Meruelo only needs to have a crane up that high for a total of 21 days during the entire ten years this project will take.

Mind you it is the job of the FAA to act as a defacto consultant for the airport and defend the airport’s position. But their scope is limited to established FAA laws and procedures. It’s up to Sky Harbor to have their plans and contour maps approved and the last one’s submitted and approved go back to 1999. It’s one of the items Nick Wood brought up in the November city council meetings.

Sky Harbor wants their latest maps (which are part of their expansion plans) to be the deciding factor. So they’re just as guilty of dragging their own feet as anyone.

But I’m beginning to digress here….

Re Letters: Honest opinion. Phoenix and Tempe are trying to hammer out changes to the IGA to a level that they both can live with. Phoenix wants to use those latest maps as a guide, but Tempe is not sure whether they can trust Phoenix since they haven’t been submittted to the FAA for approval and who’s to say Phoenix tries to update them further, extending the contour boundaries after Tempe signs off on them.

So… Tempe may be intentionally delaying things until this vote on May 16th happens. Because if it passes then Tempe gains a little bargaining leverage back. Phoenix, doesn’t want it because then it looks like one city is meddling into a neighboring city’s affairs (ie “bullying” effect).

I see this suit being filed as just another tactic to get Tempe to give Phoenix everything it wants. Today… and beyond.