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HomeMy WebLinkAboutMinutes - Minutes - Aviation Advisory Commission - Meeting Date: 4/18/2018 MINUTES AVIATION ADVISORY COMMISSION GLENDALE MUNICIPAL AIRPORT 6801 N. GLEN HARBOR BLVD. GLENDALE,ARIZONA 85307 AIRPORT CONFERENCE ROOM APRIL 18,2018 6:00 P.M. 1. CALL TO ORDER The meeting was called to order at 6:04 p.m.by Chair Rovey with the following Commissioners present: Randall Kruger, Terry Aramian, Tim Topliff, and Quentin Tolby. Vice Chair Escudero and Commissioner Edward McCall were absent. Also present: Joe Husband, Interim Airport Administrator; Kurt Christianson, Assistant City Attorney; Court Rich, Rose Law Group 2. ROLL CALL Chair Rovey conducted roll call. 3. CITIZEN COMMENTS No comments were made. 4. APPROVAL OF THE MINUTES Motion by Commissioner Aramian, second by Commissioner Tolby, to approve the March 21, 2018 Commission meeting minutes as written. The motion carried 5—0. 5. AIRPORT BUSINESS a. Camelback Ranch Area Residential Development Project Status Mr. Husband reported the following: • The letter from the Commission to the Council requesting support of opposition to the Mattamy Homes development, as approved at the March meeting, was sent to Council. • The Commission sub-committee to dialogue with Mattamy Homes has been appointed and has met. Documents from the meeting have been sent to the Commission. The documents include: the Avigation and Noise Easement, Article XV for the HOA CC&R's, a suggested letter drafted by Mattamy Homes from the Aviation Advisory Commission to the Phoenix Planning and Zoning Commission, explaining that the Aviation Advisory Commission would take a neutral position on the development, only with the stipulation that the Avigation and Noise Easement and Article XV to the HOA CC&R's are approved and implemented. • The Phoenix Planning and Zoning Commission approved a General Plan Amendment. The zoning case has been continued to May 3rd. The item was pulled from the May rd Phoenix City Council agenda. • Last night, there was a community meeting at Thunderbird Farms, which approximately 30 people attended. 1 Mr. Rich stated that he hoped that this issue would be resolved with the Commission prior to the May 3rd meeting, if the Commission could make a decision by then. Chair Rovey replied that the Commission would need time to review the documents in more detail. Commissioner Tolby asked if the documents had legal standing. Mr. Christenson commented that the • CC&R provision was new and he has not been able to find another like it. Mr. Christenson stated that the Avigation Easement has been used before and is enforceable. Mr. Christenson opined that these documents may be the best to be obtained for this situation. Commissioner Tolby stated the homeowners could still call the Airport to submit a noise complaint to exercise their free speech. Commissioner Kruger commented that some homeowners will still call, however some may be deterred. Commissioner Kruger noted that the real estate contract would have a disclosure that the buyers have to initial. Mr. Husband noted that the Avigation Easement is the best protection because it is bound to the property and provides the City with clear indication of the right to Airport operations and this type of easement is well-established. Mr. Husband added that the CC&R's change would help ease the burden but is unprecedented. Commissioner Topliff asked if the residents were giving up any rights. Mr. Husband explained that the owners would be giving up the rights to the airspace above their property. Mr. Husband added that proposed CC&R Article states that the homeowners cannot sue the Airport or call the Airport to complain. Mr. Husband relayed that Mattamy agreed to the CC&R Article to change the opposition to a point of neutrality. Mr. Husband commented that as a matter of standing, the Airport is against residential development next to the Airport as it is poor land-use planning. Chair Rovey noted a fine in the CC&R's and wondered who kept the fine. Mr. Christenson replied that the HOA would keep the fine and noted that if an owner makes a complaint to the Airport, the Airport would let the HOA know. Mr. Husband explained that the City has right to bring suit against the HOA for infractions of the CC&Rs. Mr. Christenson added that the City would have no obligation to respond due to the Article or make adjustments because of the Avigation Easement. The traffic patterns over the proposed development were noted. Chair Rovey commented that there is a regular and frequent traffic over the parcel. Mr. Christenson went through the proposed CC&R Article XV —Airport Nuisances, with highlights as follows: • Owners and other occupants, tenants, guests, and visitors waive any and all rights they have and are prohibited from lodging a civil, judicial, or administrative complaint against or from contacting by any other means of communication with, the City of Glendale, the Glendale Municipal Airport or its staff, the FAA, ADOT, or any other public entity related to the Airport regarding the Airport, aircraft operations or frequency, aircraft noise, aircraft overflights, vibrations, currents and other effects of the air, illumination, loss of privacy, fuel consumption, odors, or any other related matter allowed by the Avigation Easement. • Except for emergency or dangerous situations, owners with complaints shall contact the Association, which will determine if the matter is appropriate for contact, and if so the Association will contact the Airport, City, FAA, or ADOT. • Homeowners will be fined by the Association for contacting the Airport, City, FAA, or ADOT directly. • The City of Glendale shall have standing to sue the Association for violations of the Article. • The homeowners and the Association covenant not to sue the Airport, City, FAA, or ADOT. 2 • The Airport, City, FAA, or ADOT have no responsibility to respond to any communication from the homeowners or Association. Mr. Christenson stated that the Avigation Easement delineates that the airspace starts at 150 feet. Commissioner Kruger noted that helicopters can fly below 150 feet. Mr. Husband explained that the Part 77 for the Airport defines the airspace as starting at 150 feet and extending 5,000 feet around the Airport. Mr. Christenson stated that the HOA must enforce the rule or the City can sue the HOA. Commissioner Aramian wondered if the Commission was expected to rescind its opposition to the development as noted in the letter recently submitted to City Council. Mr. Husband replied that the letter drafted from Mattamy indicates a neutral position would be taken by the Commission if the stipulated documents were implemented. Mr. Christenson went through the Avigation Easement. Mr. Husband read the proposed letter regarding a neutral stance aloud. The letter indicates that the Commission will only take a neutral stance if the Avigation Easement and Article XV to the CC&R's are executed. Commissioner Tolby asked if there was any information from Council regarding its stance on the development and wondered if Council was concerned with the Commission dealing directly with Mattamy Homes. Mr. Husband has not received any communication back from Council regarding the letter, however, Mr. Husband has indicated to Council that the Commission appointed a sub-committee for dialogue with Mattamy Homes. Commissioner Tolby wanted feedback from Council and Chair Rovey agreed. Commissioner Tolby noted that there is a timing issue as the matter comes before the Phoenix Planning Commission on May 3rd. Commissioner Tolby stated that Council may want the proposed letter to come directly from Council to Mattamy and not from the Commission. Mr. Rich relayed that in the sub-committee meetings, the Glendale Planning Director was in attendance and there were discussions regarding funding of the roadway for access to the ball park. Mr. Rich stated that Glendale City management was aware of the sub-committee meetings. Commissioner Topliff stated that if the Commission makes a decision that is not in line with the Council it may look like a rogue Commission not in agreement with the City. Commissioner Tolby agreed and wondered if a special meeting could be called in two weeks. Commissioner Tolby felt it was important to get official word from Council prior to the May 3rd Phoenix Planning and Zoning Commission meeting. Mr. Christenson commented that there is a Council meeting scheduled for next Tuesday and Council is busy with budget, but he could certainly try to get a word on the matter. Commissioner Tolby stated that he would like to know if Council has read the letter submitted by Mr. Husband and he would also like Council to see the documents presented this evening. Chair Rovey asked if the documents could be sent to Council as soon as possible with a request for feedback. Commissioner Tolby was concerned that Council may feel that the Commission is overstepping. Commissioner Tolby noted that the Commission is advisory in nature and it may be more palatable to ask Council for permission to sign the letter to Mattamy. Commissioner Tolby wondered if the Commission was out of bounds in acquiescing the Airport's position and noted that the Commission's authority is to advise Council. Mr. Rich thought that the Commission has already taken a position by attending other meetings and the goal of the sub-committee in working with Mattamy was to come up with a creative resolution. 3 Commissioner Tolby suggested that the Commission should send another letter to Council and Council should take the lead with the homebuilder. Commissioner Topliff stated that the Commission should make its recommendation to Council and to try to get it on next Tuesday's agenda and let Council vote on the matter. Motion by Commissioner Topliff, second by Commissioner Aramian, in regards to the proposed Mattamy Homes residential development on the Camelback Ranch Parcel east of the Airport, to send the following proposed documents: Avigation Easement, Article XV, and letter regarding Airport position, to the City Council requesting information on Council's stance on the documents and proposed development and if Council wants to deal directly with Mattamy Homes or if Council would like to authorize the Aviation Advisory Commission to deal directly with Mattamy Homes. The motion carried 5—0. b. Airport Layout Plan Update Project Status Mr. Husband announced that the Airport Layout Plan (ALP) has been fully approved and accepted by the FAA and staff should receive all sets of the documents signed by the FAA shortly. This will be the first set approved since 2009. 6. STAFF REPORTS Mr. Husband provided the staff report. Highlights included the following: • NEW INTERIM AIRPORT ADMINISTRATOR o The recruitment notice has been published on various local and national websites. As of April 9th, there were 39 applicants. The first review of applications will be held on April 30th. Initial interviews will be held in May and a second round will be held in June. It is hoped that the new person will start in late June or early July. • AIRPORT FINANCIAL UPDATE: o Airport Financial Update: ❑ Projected Annual Revenue- $506,793.69 ❑ Annual Operating Budget— 12.4%remaining II Expenses YTD - $134,188.30 • AIRPORT OPERATIONS UPDATE o March Operations: 9,417 o Fiscal Year-to-Date Operations: 50,717 o Operations are on track for a 10% increase this FY. This is due to good weather and an increase in flight schools. • CONSTRUCTION PROJECTS/GRANT STATUS o The North Apron Rehabilitation Project has been completed and was finished over 30 days ahead of schedule. Last Saturday, a lunch was held to celebrate by the contractors and was well-attended. Good comments were received at the lunch. A close-out phase is underway and there are a few punch list items to address. Dibble Engineering and Coombs Construction both did a great job. o End of Year Transportation Department Surplus Funds: Several projects,totaling over $100,000,have been identified for the Airport, and are in progress. • FLIGHT PATH CHANGES AT PHOENIX SKY HARBOR o The flight path changes have taken effect and Mr. Husband has not received any complaints. • AIRPORT BUSINESS ACTIVITY/LEASE UPDATES 4 o South Box Hangars: There is an RFP out for pads #11 and #13. A pre-proposal meeting was held and there were two attendees. Responses are expected back on April 30th. Follow-up information will be provided at the May Commission meeting. o Another individual has expressed interest in developing pad#16. o All terminal space is leased. • LAND USE PLANNING/ZONING DEVELOPMENT o The potential Camelback Ranch Residential Development was previously discussed. o There is a proposed new hotel development in the vicinity of the Top Golf,however, that is compatible land-use. o Mr. Husband announced that he received notice as of March 26th that the Airport café was closing its business at this location. Mr. Husband relayed that the tenant is willing to continue to pay its lease obligation. There are 18 months left on the term and the tenant is willing to sublease. The café owners also rented Suite 202A on the second floor. Airgo is taking any available space due to growth and a standard lease will be drafted and submitted for approval. • EVENTS o The Airport Open House is scheduled for November 3, 2018. o On May 2n1, Starshine will sponsor an event in conjunction with Small Business Week to be held in the Airport lobby. Attendees will include clients and there will be exhibits and activities. Glendale Council Member Clark will attend as well as Peoria Council Member Binsbacher. 7. LUKE AIR FORCE BASE OPERATIONS No report. 8. COMMISSION COMMENTS AND SUGGESTIONS Commissioner Aramian commented that all items on the agenda should be actionable and should not say "Items for information and discussion." Commissioner Aramian suggested that all agenda matters have the verbiage: "Items for information, discussion, and possible action." Mr. Christenson noted that the Commission is prohibited from taking action on an agenda item unless action is noted on the agenda. 9. FUTURE AGENDA ITEMS Commissioner Kruger suggested an agenda item on auxiliary parking at the Airport for vehicles other than airplanes. Commissioner Kruger explained that the Deer Valley Airport has auxiliary parking, such as for trailers and RV's, which are inside the airport security gates. Commissioner Kruger stated that this parking area does not have to be paved but could be gravel. Mr. Husband will provide a copy of the Deer Valley Airport parking policy to the Commissioners. Mr. Husband stated that Deer Valley Airport does have a permitting process and there are costs and restrictions as to what can be parked in the auxiliary areas. Mr. Husband inquired about the proposed static memorial display at the Airport. Commissioner Kruger explained that the Commission was asked by staff to hold off on this proposed project for a while. Mr. Husband stated that the Commissioners should let him know when they would like the project back on the agenda. 10.NEXT MEETING TIME The next meeting date is Wednesday, May 16, 2018 at 6:00 p.m. in the Conference Room on the second floor of the Airport terminal building, 6801 N. Glen Harbor Blvd., Glendale,Arizona 85307. 5 11.ADJOURNMENT The meeting was adjourned by consensus at 7:53 p.m. SPECIAL ACCOMMODATIONS For special accommodations, please contact airport personnel at (623) 930-2188 at least three (3) business days prior to the meeting. Hearing impaired persons, please use the Arizona Relay Service by dialing 711. Pursuant to A.R.S. 38-431(4), one or more members of the Aviation Advisory Commission may be unable to attend the meeting in person and may participate telephonically. The Aviation Advisory Commission Meeting Minutes of April 18, 2018 were approved at the Commission ting of June 20,2018. Joseph Husband, Interim Airport Administrator 623-930-2188 6