Arizona Republic from Phoenix, Arizona • Page 163

2 Saturday, November 20, 1999 The Arizona Republic 9 ir I rtlllOP lllinnn haarrf nn irriiY unniM LUUIOC UiiUiiU 1 1Z2 Council votes to keep Utopia Road closed Presents IrUdMfU UUUA9 AND METAPHYSICAL CENTER Tower foes face further troubles May have to pay $47,000 in court fees i 4015 N. 16th Phx, AZ 85016 602-230-8885 Holiday Gift Certificates Available GIFTED PSYCHICS AVAILABLE FOR READINGS! MlNI READS Channeling Pet Channeling Yoga Psychic Development Classes Fueng Sui Message Hypnotherapy Showtime with mystics I Special "CHANNELED Jewelry Available (Next to PetSmart) By Betty Beard The Arizona Republic PHOENIX North Phoenix residents who don't want Utopia Road connected to Seventh Avenue got their wish Tuesday evening. The Phoenix City Council voted 5-0 to keep the road closed after about two dozen residents representing both sides of the issue argued that their children would be endangered. Utopia Road was built extra wide and designed to be a major collector street but was never connected on the west side of Seventh Avenue because no developer was ready to build there yet Now, D.R. Horton Homes plans to build 21 homes northwest of Utopia and Seventh Avenue.

"We're ecstatic," said Paula Penner, one of several Utopia Road residents who have fought a long time to keep Utopia closed to cut-through traffic. "We're grateful a 12-year battle is over. We're grateful to (Councilman Tom) Milton for bringing it to a conclusion." Those who wanted the road closed argued that opening it would bring in more crime and traffic and endanger children who have gotten used to playing in the wide street that goes nowhere. But Beatrice Dechaine, 80, who lives east of Seventh Avenue, said the residents there need Utopia opened to make it easier to drive onto Seventh Avenue: "Traffic at rush hour is tremendous. If there is an accident or death, the city of Phoenix is going to be sued." Milton, who made the motion to keep the road closed, asked the street department to consider a traffic light there to help those on the east side.

The council's action also directs the staff to start meeting with residents to plan devices such as speed bumps to slow traffic on other streets. The issue, has created hard feelings arhong neighbors, and Milton told them it was time for healing. He urged the victors to reach out to the others. But Judith Dechaine, who wanted the road opened, said only three of the victors approached her group afterward. She also said, "I was extremely ticked off when they (the council) barely had five votes.

They all managed to leave." Betty Beard can be reached at (602) 444-7982 or at betty.beardpni.com. City of Peoria Residents The City of Peoria will be closed on Thursday, November 25th, 1999 and Friday, November 26th, 1999 in observance of THANKSGIVING DAY Residents with regular Monday Thursday collection will picked up on: Monday, November 22nd and Residents with regular Tuesday Friday collection will picked up on: 1 1 Tuesday, November 23rd and If you have any questions please call the Solid Waste Division at 623-773-7431 at By Brent Whiting The Arizona Republic BLACK CANYON CITY People who have tried to stop the construction of seven radio towers now might get stuck with nearly $50,000 in legal fees incurred by their foe in a court battle. That will be the next issue to come before a Yavapai County judge, who handed down a ruling Sept 21 that cleared the way for the towers to go up in this community about 30 miles north of Phoenix. Z-Spanish Radio Network, which wants to build the tower cluster, is expected to file a petition with Judge Raymond Weaver of Superior Court seeking compensation for an estimated $47,000 in legal fees. The order, if signed by Weaver, would go against Black Canyon Concerned Citizens, which launched a voter referendum on the towers, then intervened in a lawsuit between the radio network and the county.

Elizabeth Gardner, a Black Canyon City resident who heads the group, said Weaver's decision will be appealed. She also said her group has been the victim of "underhanded" dealings between the radio network, a national broadcasting chain known as "La Zeta," and the Yavapai County Board of Supervisors. During an executive session on Nov. 1, the board agreed not to appeal Weaver's ruling, said Randy Schurr, a deputy Yavapai County attorney. In return, Z-Spanish struck a deal not to seek legal fees from the county, leaving Gardner's group as the only remaining legal party in the fee issue, he said.

Schurr said there was nothing improper about the arrangement. "The county really has no desire to take this matter to a higher court," he said. "We have gone through the litigation process. Nobody forced the opposition group to intervene in the lawsuit" However, Gardner bristled over the deal, saying: "There was no notice to us that something like this could happen. We feel this is collusion and is very underhanded." Ellen Van Riper, a Phoenix lawyer for Black Canyon Concerned Citizens, agreed, saying she expects to a challenge to the deal between fnarsh and the county.

Hiat's a pretty rotten way to treat she said. "I don't think the radio station is entitled to fees under state law, because the county did nothing to defend the lawsuit." Richard Halloran, a Phoenix lawyer for La Zeta, said he believes Weaver correctly ruled on the tower issue. Now the broadcaster, which has a right under Arizona law to recover its fees, is proceeding to court on that matter. Weaver is not expected to sign a final judgment until the fee issue has been resolved. Under court rules, no appeal can be filed until a judgment has been entered by Weaver, something that lawyers don't expect to happen before the end of the year.

j. In the meantime, Riccardo Torres, an Arizona manager for Z-Spanish, said the chain is hoping to clear the final hurdles so the towers can be up and operating by mid-2000. "The judge agreed with us that we had a right to put up the towers," Torres said. "We're very happy with the ruling." Z-Spanish, the operator of KUET-AM (710), broadcasts with two 351-foot towers on federal land northwest of Black Canyon City. It claims that the towers are inadequate for sending the strong signal it needs to the Valley and elsewhere.

Torres said the Bureau of Land Management wouldn't allow expansion at the tower site, so La Zeta struck a deal to build seven towers on part of a 157-acre ranch operated by Howard Kale, a Valley horseman. The 197-foot towers will be configured in such a way that KUET will get the signal that it needs but will be low enough under federal regulations so they won't stand out like the other towers, he said. The new towers will be painted with desert hues, instead of reflective colors, and won't have to be lighted at night, he said. On Jan. 4, the county Board of Supervisors granted a special use allowing the tower cluster.

Black Canyon Concerned Citizens, which believes that the towers will be an eyesore and reduce the value of surrounding properties, circulated petitions opposing the proposal. Two months ago, Weaver ruled that nearly half of the 9,408 signature were invalid because the people who gathered those signatures weren't county residents. Brent Whiting can be reached at (602) 444-71 1 9 or at brentwhitingpni.com. i i NcUiy CLiSMG THEIR AT OUR SUN CITY LOCATION Honoring Our Sale Prices at Both Sun City Glendale Locations. GREAT PRICES ON: Mohawk Carpet Ceramic Tile Hardwood Floors Laminate Flooring at Offer W11 Sun City Location Sat.

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