authorizing the execution of a private sewer easement in favor of empire residential communities fund for llc located at the northwest corner of 99th avenue and desert river boulevard and directing the city clerk to record a certified copy of the ordinance good evening mayor members of the council here to provide staff report on the ordinance tonight is jamie chapin glendale principal engineer thank you mr phelps good evening mayor and council members the empire residential community group is currently constructing the desert river ii development which is located at the northwest corner of 99th avenue and desert river boulevard so the property goes from 99th avenue to the new river the topography in this area slopes pretty severely towards the new river the city does not have a sewer line that runs along the new river and because of the elevations empire is having to construct a private lift station and also private sewer lines in order to provide wastewater to the development the private sewer lines need to cross the city's public right-of-way of 100th avenue at three locations so empire is requesting easements so that they may construct operate and maintain the facilities in the public right of way staff is recommending granting the easements in support of the development thank you i'd be happy to answer any questions any questions hearing none anybody like to make a motion mayor go ahead motion approve item number 19 ordinance number zero two two dash one four second i have a motion from the vice president council member here to approve the recommended action any discussion on this motion hearing done council member clark heideva aye councilmember hugh how do you vote all right councilman milner how do you vote hi councilmember thomas aye councilmember turner how do you vote hi vice mayor how do you vote hi chair boats i'm motion carriers unanimous moving on to new business miss bower item people if you would please authorization in to enter into an exclusive listing agreement with plaza del rio management corporation to grant exclusive rights to negotiate the sale of the unencumbered 20 plus or minus acre parcel located at the southwest corner of 91st avenue and cardinals way mayor members of council here to provide staff report this evening is brian friedman our director of economic development thank you mr phelps good evening mayor council the request this evening is to approve a listing agreement with plaza del rio management corporation to serve as the city's broker for the unencumbered 20-acre parcel owned by the city located at the southwest corner of 91st avenue and cardinals way tonight's requested action includes an agreement with specific deliverables timelines and potential costs associated and this agreement is the next step in exploring the 91 cardinals project viability with plaza del rio companies to recap council's prior action regarding this opportunity in march june august september and october of 21 council approved the agreements on your screen which are currently in motion the property itself is located in purple on your screens and then just south of the cardinals stadium and then just to the east of crystal loons lagoons island resort which is well under construction and then further dive down a little bit on the property the yellow and green portions of the site are owned by the city of glendale and total about 54 acres the 20 acres shown in green are the undeveloped unencumbered portion it's subject for this evening and then the nine acres owned by bidwell are sewn in orange with the 4001 spaces that the city owns which we support the cardinals azta and the crystal lagoons parking agreements with are shown in yellow plaza mayor council will list to market and generate potential interest on the site and seek offers from the open market they agreed to vet interest and communicate that interest to the city and obtain direction from city council following direction from council it's the intent that plaza will work with prospective buyers to present their specific development proposals on the cost of service is there's no cost entertaining any to enter into the agreement until and unless city council should elect to sell all our part of the city on property if any land is sold commissions are to be paid from the proceeds under the following schedule a maximum commission of five percent of the sales price of the property will be paid and split equally between the buyer and sellers brokers if the parties are represented prior to and a close of escrow if buyer is not represented by a broker the owner will pay a commission equal to three percent of the sales price to its broker and all commissions are payable in full upon close of escrow and the term is for one year staff recommends approval of the listing agreement and be my pleasure to answer any questions that you might have questions mayor thank you thank you not so fast i noticed that you described the properties unencumbered what do you mean by that sure thank you mayor councilman turner uh unencumbered in that the balance of the property that's back up here that's shown in green is the uncommon portion meaning that's not subject to the parking agreement agreements with crystal lagoons with the arizona azsta or with the bidwell or cardinals organization that's those the yellow property that you see on your screens there that property is encumbered by those parking agreements the green portion is not okay thank you as i recall the city engaged plaza del rio plaza del rio to create a phasing plan design standards and ccnrs for the whole scope including the encumbered um are those applicable to this parcel or are they optional on this parcel sure mayor councilmember turner yes they're all in motion and they are applicable we're working through those those agreements now okay i'll just say that i've seen copies of the ccnr's for instance and and the design plans for it so while i'm at this point i'm willing to support engaging plaza del rio i may or may not be willing to um i want to see what comes forward from the market for this parcel i'm not even sure that now is the right time to sell it or that whatever the design standards and plans that we have in place for it are really in the best interest of that area so just want to make sure everybody understands where i'm at on it thank you okay thank you thank you can i get a motion yes mayor i move that we pass and adopt the authorization to enter into an exclusive listing agreement with plaza del rio management corporation mayor um i guess i can wait for the second i'd like to propose an amendment so thank you mayor may i propose an amendment you can propose anything you want thank you very much mayor i'd like to propose uh the following amendment to sales commission provision under paragraph five um just to provide some clarity um my my proposed changes are a maximum commission of five percent of the sale price of the property will be paid and split equally two and a half percent commission each between the buyer and sellers brokers if both parties are represented at the time a purchase con and sale contract is executed in the event the buyer is not represented by a broker at the time the buyer executes a purchase and sale agreement owner shall pay a commission equal to three percent of the sale price of the property only to its broker any and all commissions are conditioned upon and payable upon close of escrow and mayor i'm if i may this was uh actually provided to me by the uh our city attorney's office uh there was just a little bit of clarity that i had asked for second okay well certainly we're going to have discussion on it uh mr phelps we're fine you have no issue any anyone else have any issues with this nobody okay so we have a motion [Music] or an amendment you've heard the amendment i stated we have a second on that we're voting on the amendment first we need a roll call on the amendment i believe you know we'll do roll call anyway councilmember clark how do you vote aye announcement member hugh how do you vote hi councilmember milner how do you vote hi councilmember tommy chop how do you vote hi councilmember turner how do you vote hi how do you vote hi okay well that was easy wasn't it chair eye so the motion did pass for the amendment so now we're going to vote on the motion as amended again any discussion on the motion has amended hearing none roll call vote council member clark how do you vote aye councilmember hugh how do you vote all right councilmember milner how do you vote hi councilmember tom chop howdy hi councilmember turner how do you vote aye vice mayor how do you vote aye chair boats i also motion does carry okay well that was pretty easy yeah i like easy ones okay council comments and suggestions councilmember clark mayor uh just want two items one your microphone raise it up a little bit there you go on thursday march 10th at 6 pm i will have my yucca district meeting it will be at the glendale media center i invite and encourage anyone from glendale to attend secondly and and i have no idea what it means but everyone's been coming commenting on the fact today is 2 22 20 2022 i'm sure it has some significance but it's escaped me as to what it could be thank you [Laughter] okay councilmember hugh nothing mayor thank you councilmember milner uh just to answer councilmember clarks it's the only time that'll happen in history and i have nothing else probably in your lifetime probably how much however much of it's left councilmember thomas thank you mayor i'd just like to thank commissioner gary hirsch for stepping in to help out our planning commission until hopefully before much too much longer that my uh person that i have appointed is able to return and serve on the planning commission so just wanted to publicly thank um commissioner hirsch for stepping up to help out the city and the planning commission thank you councilmember turner nothing tonight mayor vice mayor not that this time mayor okay and the only thing that all shares uh some disappointing news that we got uh late last week luke air force base will not be doing their air show this year uh very disappointing although i understand their worries and their concerns and that was not our general that made that decision lightly it was a dod expression or concern so they're trying to keep everybody safe at the same time who knows maybe we'll have an air show next year maybe they won't put it on for two years so with that said uh we're going to go ahead and move on i do have one speaker card mr cannon if you would sure come on forward uh mr cannon uh i just need you to state your name the district that you live in if you know it i know you know it because i'm looking at it but i don't need your address sir and then you'll have three minutes go ahead sir thank you my name is thomas cannon my wife and i moved here at the glendale in 1981 we live up on presented drive in in saguaro district perfect we lived in the same house for 40 years okay starting next year we moved there in 1983. and i have a comment that if we can last that long to next year because right now we have a community nuisance that is detrimental to the health and welfare of our neighborhood our neighborhood is great i love where we live i love living in glendale so i know you may hear a lot of negative comments from this podium but i love living in glendale and it's a great city so thank you for that but around november of last year new neighbors moved in and brought with them a pack of dogs at this time we counted no less than five dogs in their backyard the dogs bark howl and wine incessantly at all times of the day and night just last week i was in my backyard and they they barked at me for three hours straight this morning they started barking at 6 30. i'm retired i don't get up at 6 30. uh we need some relief with this and i've i've spoken with my council member malnard and i appreciate all the the help you've given me in this area i believe that the city of glen response to this community nuisance is unacceptable and at this point in time i want to mention i'm talking about the policies and procedures not any of the people that i've interfaced with with the city of glendale i think the people at city of glendale are fantastic people upon making a complaint on december 8th the very next day i received a text from the city of glendale saying and there's a quote no violation observed case closed i lived with it for a month at that point in time case closed to advance the issue i then had to fill out a barking dog complaint petition this is not a slight endeavor i had to keep written notes a written log for one week straight i had to do audio recordings for one week straight of my neighbor i had to get two other witnesses to sign the petition in order to go to court i'm awaiting my court date now i've submitted the petition in my mind and my position is that this system is built so burdensome as to cause the complainants to just drop the issue and not move forward the city of glendale's response in my mind to barking dog complaints is single faceted the sole avenue available is to go to complain there's no warning with the violator no citations no mediation just go to court it does not seem to me to be the lowest court the low cost option for for this endeavor recording my neighbor and turning those audio files over to the government seems pretty dystopian to me and i think i believe it is specular request that the council consider a stepwise approach counseling the violator after the first concern by the code compliance group increasing levels of fines for additional complaints um which the offender can challenge in court as you get a traffic ticket you can challenge it in court a city-sponsored mediation and then finally then if necessary moving into court um thank you for your time and attention i appreciate it thank you sir okay there being no further business before this council tonight i'd like to thank everyone for attending tonight's me and there's there is there no objection from the council means adjourned yeah you