HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/25/1989MINUTES OF THE WORKSHOP SESSION OF THECITYCOUNCILOFTHECITYOFGLENDALE, MARICOPA COUNTY, ARIZONA HELD TUESDAY, JULY 25, 1989 AT 3:05 P.M. Mayor Renner called the Workshop Session of the GlendaleCityCounciltoorderintheWorkshopRoom, B-3, in theGlendaleCouncilChambers. Council members present were: Bellah, Huffman, Hugh, McAllister, and Tolby. Member Absent: Falbo. Also present were Martin Vanacour, City Manager; PeterVanHaren, City Attorney and Linda Ginn, Deputy City Clerk.
CONSENT AGENDA
1. TRANSFER OF OWNERSHIP OF GLENDALE'S CABLE SYSTEM
City Manager Vanacour stated this is a request to adopt
a resolution to approve the transfer of ownership of the
Glendale Cable System from Republic Cable Partners of Arizona
to Cablevision Systems Corporation, and the subsequent
transfer of the system to Times Mirror Cable Television, Inc.
The City received notification of the proposed sale on
00 May 25, 1988, and according to the terms of the license
agreement, the City Council has ninety days to consider the
request for transfer of ownership, which shall not be
unreasonably refused. Staff requested background information
from Cablevision and Times Mirror concerning its principals,
financial resources, current and past cable experiences, and
their intentions for management of the Glendale Cable System.
The City Auditor has reviewed the financial information and
concluded that Cablevision System Corporation and Times
Mirror, Inc., are financially responsible, and recommends
approval of the transfer of ownership.
The Cable Television Advisory Commission conducted a
Public Hearing on July 10, 1989, to receive comments from the
public concerning the transfer of the Cable Systems. Two
individuals appeared before the Commission to express
concerns about converters and a request for religious
programming, which were addressed by Republic and Times
Mirror representatives. The Commission and staff directed
questions to Times Mirror representatives concerning joint
trench occupancy, customer service procedures, and local
management. Mark Stuckey, Regional Manager of Times Mirror
assured the Commission and staff that current policies would
continue for joint trench occupancy, and customer service,
but the regional office would not be located in Glendale, but
accessible.
Staff requested information from twenty-sixmunicipalitieswithcurrentlicenseagreementswithTimesMirror, of which six are located in the Valley. Theresponsesindicatesatisfactionwiththemanagementandoperationsofthesystem' however, there are comments thatsupporttheCity's concerns with the local management issues. The physical location of the Manager is not the issue, however, the limit on regional authority to resolve localproblems, could result in the frustrations the CityexperiencedwithStorerCable. The Cable Television Advisory Commission met again onJuly19, 1989, and voted unanimously to recommend approval of
the request to transfer the Glendale Cable System.
City Manager Vanacour stated that the city would like
assurances from Times Mirror officials that they will fully
comply with the license agreement between the city and
Republic Cable and that Dimension will be able to respond to
local concerns without waiting for corporate approval.
Mr. Ivan Johnson, vice president of community affairs
for Times Mirror Cable of Arizona, stated that they willingly
accept all obligations of Republic under the license
agreement and that even though their office is away from the
city, they will maintain responsiveness to the city.
This item will be placed on the July 25, 1989, Council
agenda for formal consideration.
2. DISCOUNT FEES FOR GLENDALE SENIOR CITIZENS: GLEN LAKES
MUNICIPAL GOLF COURSE
On May 9, 1989, the City Council approved a Prepaid
Annual Greens Fee of $700 at Glen Lakes Municipal Golf Course
GLMGC) and instructed staff to develop options for a reduced
fee for Senior Citizens that are full-time Glendale
residents.
At their June 12, 1989 meeting, the Parks and Recreation
Advisory Commission reviewed and discussed special rate
options of an annual fee, or a per round punch card for
Glendale Senior citizens. Also, guidelines for receiving and
utilizing this benefit were discussed. Mr. Paul Westby, a
Glendale senior citizen, advised the Commission that he
favored an annual fee of $550, but would like the payment to
be made in two installments. Also, he asked for reduced
rates for golf carts, range balls and snacks.
Mr. Van Johns, Manager o
Course, stated that he favored
system and that he was opposed
carts, range balls and snacks.
59-
f Glen Lakes Municipal Golf
a per round punch card fee
to giving discounts for golf
The Commission passed a motion recommending that aprepaidannualgreenfeeof $550 be established for seniorcitizensthatarefull-time Glendale residents and that thissumbepaidatonetime. Staff concurs with the Commission'srecommendation. It was the consensus of the Commission that the minimumageforareducedfeewouldbe62yearsofageandthatdiscountswouldnotbegivenforgolfcarts, range balls, orsnacks. Use would be restricted to weekday play, and thereducedrateappliedonlytoseniorcitizensthatarefull-time Glendale residents. Because of problems inverifyingandqualifyingtheindividual, the Commission also
agreed that this reduced fee program should not be extended
to residents based on financial need or physical disability.
Councilman Bellah asked staff why they did not institute
a reduced fee for the disabled and why they had not gone with
a "punch card" system as opposed to an annual fee system.
Staff replied that they felt it would be difficult to
distinguish physical disabilities and they also felt it would
be more cost effective to go with an annual fee because the
few number of people that would be eligible did not outweigh
the cost of having cards printed.
This item will be placed on a future Council agenda for
formal consideration.
WORKSHOP SESSION
3. REZONING APPLICATION Z-88-30: NORTH SIDE OF GLENDALE
AVENUE BETWEEN 83RD AVENUE AND 91ST AVENUE
City Manager Vanacour summarized the request and then
deferred to Mr. Bob Coons, Planning Director, who stated that
this proposal is to rezone 280 acres from A-1 to PAD. The
applicant proposes to develop the site with a mixed use
Planned Area Development including 239 acres of residential
uses, 19 acres of shopping center, 8 acres of office, a
4 -acre public safety site, an 18 -acre park/retention/school
site and 4 acres of additional retention area.
The proposal is in conformance with the land uses and
densities established in the new General Plan. A maximum of
973 dwelling units would be allowed on this property in
accordance with the General Plan. The proposed PAD request
contains 956 units. Detailed development information will
need to be submitted and approved prior to subsequent
development plan or preliminary plat approvals of any portion
of the property.
m
At the April 6, 1989 Planning and Zoning Commissionmeeting, the Commission recommended approval of the request, subject to seven stipulations. Several of these stipulationshavebeenmodifiedsubsequenttotheCommission's actionbecausetheapplicanthasaddressedtheseconcernsinarevisedDevelopmentPlanMapdatedApril25, 1989, and in asecondsupplementtodevelopmentplansdatedJune16, 1989. Two additional stipulations have been included by staff toclarifyissuesontheuseofdedicatedlandsandthealignmentof87thAvenue. At their workshop of May 2, 1989, City Council reviewedanddiscussedtheproposalandhadquestionsregardinglot
sizes, densities, retention areas, an effluent reuse
irrigation line, circulation and the adequacy of parks and
recreation areas. Subsequent to the workshop, the applicant
submitted a Second Supplement to Development Plan dated June
16, 1989, which responds to several of the issues raised by
Council.
A letter and petitions dated July 5, 1989, has been
submitted to the Mayor and Council from "Interested Property
Owners" adjacent to this proposed development voicing their
opposition to portions of the PAD request and master plan.
Mr. Coons further clarified several of the issues
Council had questioned. (See attached).
Discussion ensued about densities, General Plan
standards, Orangewood Avenue alignment and provisions for
adequate parks in the proposed project. Council suggested
that the Planning Department generate a non -Orangewood
alignment plan and bring it back before them at a later
meeting.
This item will be placed on a future Workshop agenda for
further discussion.
4. TRANSPORTATION PLANNING
Tim Ernster, Deputy City Manager, Community Services,
stated that since Proposition 300 has been defeated, there is
no formal process to determine what transit needs the
citizens feel should be addressed or how they should be
addressed. Other valley cities are beginning to conduct
community meetings to ask their citizens for input. The
intent is that each city will then develop its local transit
plan, and from the individual city plans, a regional plan can
be developed. This will ultimately go back to the voters for
approval. It is hoped that a plan developed in this manner
would gain voter approval.
61-
Bill Budlong, Transit Director, gave a brief overview ofthesuggestedprocessforthecityandtimeframeforimplementation. Vice Mayor Tolby suggested that the Council appoint theexistingAirportCommissiontogatherallthedatafromtheinputreceivedandformulateaplan. Mr. Budlong stated there had been an ad hocTransportationCommitteeformedearlierandthatperhapstheymightbeagoodrepresentationtogatherthedatafromcitizeninput.
Vice Mayor Tolby questioned the need to create a new
commission instead of utilizing existing ones. Staff replied
that some of the members on the existing Airport committee
did not have any desire to serve on a transportation
committee. They felt they are were more specialized in one
particular area (aviation) as opposed to being involved in
all facets of transportation as would be needed in this
instance.
Vice Mayor Tolby stated he felt it would be a good idea
to form a permanent, on-going commission to deal with the
various transportation issues that might come before the
city. It was also suggested to divide the city into three
areas in which meetings would be held to receive citizen
input.
This item will be placed on a future Workshop agenda for
review.
5. REGIONAL CENTER UPDATE
Ray Jacobs and Grant Anderson gave Council a brief
overview and status report on the pedestrian and vehicle
circulation and the status of the improvement districts being
formed to build the streets, water, sewer and storm drains
planned along Bell Road between 75th and 83rd Avenues.
Gary Fulk gave Council a schedule on the project by
stating they are about to publish the staff's recommendation
on August 7th; initial workshop with the Planning and Zoning
commission on August 3rd; P&Z commission public hearing last
week in August; meeting for the P&Z commission to actually
make their recommendation to the Council and then Council
hearing tentatively scheduled for the 26th of September.
This item is for information only.
62-
0
6. INTERGOVERNMENTAL REPORTMarionPorch, the Intergovernmental Liaison briefedCouncilonlegislativeissues. (See Exhibit A) This item is for information only. COUNCIL COMMENTS AND SUGGESTIONSNone. ADJOURNMENT
There being no further items, the meeting adjourned at
5:35 p.m.
63-
Deputy City Clerk
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I C I T Y O FGLENDALEISTREGULARSESSION: 39TH LEGISLATURE: FINAL REPORTFinalactionwillappearafteranalysis. SENATE BASSSCR1001: Urges the Congress of the United States to make permanenttheHighwayUsersTrustFundandtheuserfeesaccruingtothefund. Filed by Secretary of State. SCR 1002: Federal Fuel Tax: Urges Congress to oppose increasingfederalfueltaxes.
Filed by Secretary of State.
SCR 1009: Local Spending Limit
A political subdivision could file its own population estimates for use
in determining spending limits.
No Action.
SCR 1015: Spending Limit Election
The 1990 general election ballot (or special election if called) would
carry the question of amending the State Constitution to allow local
spending limit questions on general election ballots. (This would
change current practice and is being analyzed.)
No Action.
SCR 1018: Damage Awards Limit
The 1990 general election ballot (or special election if called) would
carry the question of amending the State Constitution to all the
Legislature to limit awards in personal injury cases, providing for
periodic payments of damages, limit lawyers' fees, etc.
Held in Senate Judiciary.
SENATE BILLS
SB 1008: Sales Tax: Hotels and Tourism - Would increase transient
lodging tax from 4% to 5%. A new tax or tourism would be imposed on
restaurants equipment rentals amusements and transient lodging (no rate
indicated). Rural County board of supervisors by unanimous vote could
impose a 1% tax on transient lodging; effective 7/1/89•.
EXHIBIT A
Died in Senate Finance. SB 1019: Highway Utility Resolution: The state could pay a city, townorcountythecostofrelocatingalocalgovernmentutilityfacilitythatmustbemovedwhenalocalroadisdesignatedastatehighwayandthenmodified. Not applicable to facilities existing in right-of-waybyvirtueofpermit. (This is a high priority bill of interest toGlendale. It does not resolve Glendale's problem on Grand Avenue but isofimportanceonOuterLoopsroutes.) Chapter 79. SB 1035: Martin Luther King/Civil Rights DayThebillwoulddeletethesecondMondayinFebruary, Lincoln's
birthday, from the authorized list of State holidays and insert the
third Monday in January. (This is for your information only. This is a
state issue and I will not work the bill. It corresponds to Glendale's
employee holidays.)
No Action.
SB 1037: Retirement System Military Credit
Would give up to 4 years (48 mos.) credit past or future active service
time for a state retirement participant; retroactive to January 1,
1950.
Part of Comprehensive Retirement Package -- Chapter 310.
SB 1065: Golf Course Adjacent Land
Land contiguous to a golf course owned by a homeowner's association and
used for recreational purposes would be valued the same as golf course.
No Action.
SB 1069: Dog As a Vicious Animal
Expands definition of "vicious animal" to include any dog which has
propensity to attack or has been declared vicious by a local magistrate
now both have to occur). The owner of such dog who attacks while at
large is guilty of Class 6 felony. (Glendale supported Senator
Brewer's presentation. A floor amendment excludes law enforcement
dogs. The bill does not preempt our ordinance.)
Failed in House Judiciary. Became Striker HB2111; Chapter 100.
SB 1070: Civil Rights
Includes mental impairment under definition of "handicapped." Removes
public accommodations and employment from list of standards prohibiting
discrimination preempted by the State meaning cities could enforce
anti-discrimination provisions for public accommodations andemployment. Chapter 47. SB 1073: Art For Public Buildings - Striker: AS HB2267. Chapter 3051% of cost of new public facility (subject to appropriation) would beusedforartinpublicbuildings. Once again, Glendale led the way in Arizona with our arts ordinance. This is for your information.) Striker: State Investment Pools; Failed House.
SB 1074: Claims Against the State
Claims against public entities would have to be made for a sum certain.
No Action.
SB 1091: Airport Expansion Notice
A city or town or county could not permit construction or change in
size of an airport without notifying all property owners in the FAA
traffic impact area. (Mr. Sossaman's bill for constituent unhappy with
Chandler's expansion.)
Did not get out of Senate; lobbied heavily.
SB 1113: Vehicle Covered Loads
Held in Senate Transportation.
SB 1114: State Retirement Benefit Hike
Increase the credited service multiplier in the State retirement
benefit formula to 2.5% times years of service from 2%.
Intent Part of Comprehensive Package.
SB 1115: Water Transfer Restriction
Prescribes groundwater and water withdrawn from definite underground
channels may not be transported from a goundwater basin or sub-basin
that contains a free flowing watercourse.
No Action.
SB 1117: Public Safety Dispatcher Training
Provides authority for the criminal justice commission to establish a
voluntary program for certification of public safety dispatchers.
Glendale opposed a mandatory program last year because of theadditionalcostsandpotentialfutureimpactonthepublicsafetybudget. A voluntary program is not opposed, though the bill will bewatchedforamendments.) Retained on House calendar. SB 1148: City DebtAcityortowncould not pledge credit, incur obligation against or paygeneralfundrevenuetoamunicipalpropertycorporation -- a city runoperationtoleaseandfinanceaproject -- except with permission ofitsvoters. If voters turned down a bond issue, a similar projectcouldnotbeputbeforethemforfiveyears. Each city and town wouldhavetoreportitsdebtpublicallyeachyear. Savings clause for
existing projects.
Amended to become study; Chapter 232
SB 1150: City Zoning for Paving
In an area of a city or town declared a non -attainment area (not
meeting federal clean air standards) a zoning ordinance relating to
paving or surfacing of any parking area could not be amended or
changed. Not applicable to police or fire stations.
Held in Senate Government
SB 1157: Vehicle Covered Load
Person operating a vehicle traveling on an improved highway carrying
dirt, sand or gravel which is susceptible to blowing spilling, etc.
from the truck would have to cover the load. Covering would not be
required if 6 inches of freeboard is maintained within the bed.
Provides if glass or other objects which obstruct traffic fall from a
vehicle, the driver shall stop immediately and cause the highway to be
cleaned and pay the cost of cleaning. Deposits of mud, rocks or other
debris on a vehicle must be cleansed before traveling on an improved
highway. (This differs from SB 1113. In SB 1113, garbage is included
and any substance connectd with highway maintenance, construction or
snow removal is excluded.)
Did not get out of Committee.
SB 1158: City Joint Development
A city could declare an area eligible
which tax monies of cities, counties
districts having territory in the are
tax increment financing.
Failed in Senate Government.
SB 1161: Mobile Home Immobile
for :joint development" under
community college, school
a would be divided for development
El If a mobile home park tenant had to move because the park use waschangingbuthishomecouldnotbemovedforwhateverreasonthelandlord, or state, or local government in condemnation, would have tobuyit. Tenant's furniture, etc. would be moved as far as 50 miles atthebuyer's expense. No Action. SB 1174: 8cstpat4-anal-Therag-ist - Therapists, Counselors, Nurses FeesOccupationalTherapistswouldbedefinedasprofessionalwhoaidtheuseofpurposefulactivity" by individuals; would be regulated by theState. (May have implications for some city recreational programs forelderlyarehandicapped; will be researched to hold us harmless.)
Amended to answer City concern; Chapter 296
SB 1189: Concealed Weapons Lawful
Prohibition on carrying concealed weapons would be repealed.
Failed Senate Judiciary.
SB 1191: Wastewater Management Authority
An authority would be created to provide $ to local governments to
build treatment facilities, generates the 20% state match required by
the clean water act, make agreements with the EPA, issue bonds, etc.
Chapter 280
SB 1192: Highway Abandonment
ADOT's board authority to add or delete highways from the state system
would be modified to require cooperation with affected jurisdictions in
recognition of the impact the change could have.
No Action in Senate
SB 1193: Parking Ticket Monitor Penalty
Cities and towns could tie into state motor vehicle division computers
to track down unpaid parking tickets. A driver's license would not be
issued until a fine was paid.
Retained on House calendar.
SB 1194: Subdivision School Sites
Reservation of land in a subdivision for a school site could be for two
years (now one).
Failed in House Education.
SB 1200: Fingerprint I.D. NetworkAstaterepositorywouldbeestablished; $2M appropriation. Part of Dept. Public Safety Budget. SB 1213: Library District; City WithdrawalThepropertyinacitythatwithdrawsfrom a county library districtwouldbeexcludedfromthedistricttaxlevy. (This city opt outprovisionissupportedbyL.A.C.T. and would lessen the double taxationburdenofcityresidents.) No Action.
SB 1243: Peace Officer Disease Presumption
A peace officer's communicable disease would be presumed to be
work-related for worker's compensation and disability purposes.
No Action.
SB 1245: Fire Fighter Workers Compensation
Conditions caused by hypertension, heart disease or respiratory disease
would be considered occupational diseases of fire fighters for
workmen's compensation purposes.
No Action.
SB 1249: City Initiative
City initiative - petition signature requirements would be based on
previous voter turnout unless the city council passed an ordinance
providing otherwise.
Held in Senate Judiciary.
SB 1254: Retiree Health Insurance
State -paid health insurance benefits for retirement system retirees
would be expanded.
Part of comprehensive package.
SB 1266: Transportation Board Oualifications
A person with a 10% or more interest in land capable of being developed
commercially or industrially could not sit on the State Transportation
Board.
Died in Senate.
SB 1276; State Retiree Health InsurancePartialstatepaymentofhealthandaccident insurance for stateretireeswithlessthan10yearsservice (see HB 2328). No Senate action. SB 1277: State Retirement DateNormalstateretirementdatewould be the date the employees age plusyearsofserviceequal80 (now 85). No Action. SB 1297: Drug Enforcement Funding
State retirement credit for accumulated sick leave would start at 500
hours (now 1000) and it could be counted as service.
Striker died in Senate.
SB 1303: Water Transfers
Water planning regions would be established and transfer of water out
of them would be regulated. A tax would be imposed on transfers with
money going to rural economic development.
No action.
SB 1308: Indian Water Settlement
An appropriation of $3M as state contribution to fund established by
Salt River Pima-Maricopa water settlement.
Chapter 122.
SB 1327: Tax Mail Order, T.V. Buyers Sales
A state tax would be imposed on persons who solicit Arizona consumers
by catalogue, flier, electronic means. (The Congress will consider an
out-of-state catalogue sales tax this session. It did not pass last
session.)
Chapter 281.
SB 1329: Enterprise Zones
Procedures and criteria for establishing enterprise zones would be set.
Chapter 194.
SB 1332: Elected Officials Retirement: East Valley Rehab Center
A permanent 4% base benefit increase for the elected officials' retirement plan would be established. Striker died. SB 1333: Elected Officials' Retirementpartialpaymentbytheretirementfund of group health and accidentinsuranceforretireesandsurvivorsintheelectedofficials' retirement plan would be authorized. Intent part of comprehensive package. SB 1337: Retirement System Valuation
The actuarial valuation of the S.R.S. would be based on production -
unit cost. (Changes the assumptions previously used.)
No action.
SB 1338: State Retiree Health Insurance
Increases in health insurance subsidy for dependents of S.R. Plan
retirees.
Intent part of comprehensive package.
SB 1340: Library District Procedures
Revenue and spending would be limited fro some county free librarydistricts. (Rep. Denny's bill capping Maricopa County spending; does
not address our concerns.)
Held in Senate Finance.
SB 1346: Library District Conversion
County free library districts would be converted to library systems.
No action.
SB 1359: State Retirement Contribution
The employer's state retirement contribution would be reduced; state
aid to schools would be commensurately reduced.
No action; intent of reduction in package.
SB 1376: Fire Fighter Standards
Standards for fire fighters would be studied by a legislative
committee.
No action.
SB 1377: Fire Fighters CPRCitiesandtownwouldhave to require all fire fighters to have CPRtraining. No action. SB 1380: Rig--Gue-14-ty; Oxygen -Fuel Motor Vehicle: Oxy -FuelRevisionstorequirementsforoxygencontentofmotorfuel in airquality. No action on 51380..Intent in SB1018.... Chapter 261.
SB 1384: State Route Funding Freeze
Funding of a certain state route from the transportation excise tax
would be forbidden until certain conditions were met. (This is another
bill directed towards Paradise Parkway.)
No action.
SB 1387: Fire Fighters Cancer
Fire fighter cancer would be an occupational disease for workers'
compensation purposes.
No action.
SB 1400: Ethical Practices Board
A 5 member board would be created to oversee ethical practices in
Government.
No action.
SB 1401: Noise Zoning
Cities and counties would be required to forbid any use producing more
than a certain level of noise in a residential area.
Held in Senate Government.
SB 1408: Freeway Mitigation Bonds
Cities could issue bonds for projects to reduce noise, neighborhood
impact of freeways.
Chapter 157.
SB 1409: Urban Development Authority
A state urban development authority would be established to helpfinancepurchaseoftownhousesbylow-income families. No action. SB 1410: State Employee InsuranceChanges (amounts are blank) in amounts the State pays for health andaccidentinsuranceforitsemployees. Chapter 256; State only. SB 1412: Lie Tests; Public EmployeesSetsprohibitionsandexceptionsfor lie detector tests for public
employees.
No action.
SB 1423: Whistleblowers
Public employee punished for whistleblowing could collect back pay, be
reinstated; frivolous whistleblowing could be punished.
Striker HB 2314; Chapter 285; State employees
SB 1424: Water Storage Underground
A demonstration project for underground storage would be authorized.
Failed House 18-40.
SB 1440: Hazardous Material Transportation
ADOT would adopt a unified set of rules governing transportation of
hazardous material.
Held in Senate Government.
SB 1441: Gambling
Statutory authority for "social gambling" would be repealed.
Amusement gambling" definition would include gambling where no player
wins more than his winnings. Gambling clubs would be outlawed.
Held in Senate Judiciary.
SB 1450: Water Transfers
Users of a water system owned by a city that has a water farm outside
its boundaries would pay a water use tax and the money would go into a
trust fund for rural county from which the water was taken. State water
review board, water planning regions, water planning councils would be
created in connection with regulation of water transfers.
No action. HOUSE BILISHCR2004: Local Spending Limit; Population: Instead of using D.E.S. population estimates to determine allowable spending limit, a county, city or town could submit an alternative estimate done by anindependentexpertusingstatisticallyvalidmaterialsubstantiated byareasonfordecliningthestate -generated number. (Would require a2/5ths vote in each house.) Held in House Counties & Municipalities. HCR 2017: Water Farm Taxation
1990 ballot or special election would carry question of amending the
state constitution to allow taxation of municipal property of a city or
town located more than 15 miles outside the city and not used for a
regional transportation or waste disposal.
No action.
HB 2001: Solid Waste Recycling Committee: Establishes a joint
legislative committee on solid waste recycling to study and report by
Sept. 30, 1990. A municipal solid waste department representative is
included on the committee.
Chapter 135.
HB 2007: Transportation Eminant Domain: In determining compensation
and damages when the state or local government condemns private
property for transportation purposes, market value at valuation date
would be the compensation for the entire parcel and if only a part of
the parcel were taken, the damages would be the difference between the
entire parcel's market value and the value of the remainder. Value of
the remainder would have to include any benefits resulting from the
project and the "manner of construction" would have to be considered.
No action.
HB 2008: Utility Rights -of -Way: The
areas above and below state highways
not forbidden in statutes).
No action.
director of ADOT could lease
to public service corporations
HB 2011: Highway Bonding: Increase ADOT bonding capacity from current
500 million to $800 million.
Chapter 62.
HB 2022: Driving. No Open Liquor: It would be illegal to consume
liquor in a motor vehicle on a highway or have any open liquor
container in any area occupied by the driver or passengers, includingtheglovecompartment. No action. HB 2023: Highway Litter• Illegal to dump litter; liability forcleanupwouldbeonlitterer. Failed Senate transporation. HB 2025: City Condemnation Limit• City could not condemn propertyoutsidethecountyinwhichitislocated. Held in House Natural Resources.
HB 2026: City Deannexation• 1986 Act could be reversed and territoryreannexediftakenfromtownoflessthan2000orresultedina
unincorporated island surrounded by two or more cities or towns. (ThisBillistoaddresstheParadiseValleydeannexationofpropertyforahoteldevelopment. It will not affect us but will be watched forpossibleamendment.)
Chapter 242.
HB 2032: Groundwater Transportation• It would be illegal to transport
groundwater from a county with a population of less than 250,000 unlessthecounty's Board of Supervisors unanimously approved a resolution
authorizing transfer and prescribing terms and conditions, includingamounttobetransferred. (This will probably not be an activevehicle.)
No action.
HB 2033: Groundwater.• Development Plans: Person proposing to retireirrigatedlandanticipatingafuturenon -irrigated use would have to
obtain a state certificate of assured water supply before presentingtherequireddevelopmentplan, which would have to be approved by theappropriateboardofsupervisors.
No action.
HB 2071: PSPRS health insurance• amount; source
Public safety personnel retirement system will pay part of the premiumofgrouphealthandaccidentinsuranceintheamountof $70 dollars amonth (now $35 per month) and deletes the requirement payment come fromexcessinvestmentearnings.
Intent Part of Comprehensive Package.
HB 2072: PSPRS; benefit, increase; disabled retirees
Clarifies who is eligible to receive benefits by stating "or who werereceivingdisabilityretirementbenefitregardlessofage.."
No action. HB 2073: public employees; lobbying; time prohibitionBillwouldfurtherrestrictpublicemployeeslobbying before an agencyofpreviousemploymentwithin24monthsofthatemployment (now 12months) . Held in House Government operations. HB 2092: GamblingThedefinitionof legally permitted "social gambling" in which noplayercanreceivebenefitsotherthanwinningswouldbeexpanded to
say a person's business cannot benefit and that attracting customers to
a business that permits gambling is considered a benefit. Wagering on
the outcome of sporting contests would be considered social gambling if
it didn't involve a contest of chance in a public place or private
club.
Held in Senate Judiciary.
HB 2094: Homeowners Association Tax Break
Gives an income tax break to associations which are non-profit
corporations or associations established to own, lease or manage common
areas, grounds or streets.
Died in House.
HB 2102 Waterway Markin
Minor and technical amendment on uniform waterway marking. NEEDS
WATCHING - MAY BE A STRIKER BUS.
No Action.
HB 2107: Lieutenant Governor
Effective upon voter approval of a constitutional amendment each
gubernatorial candidate would have a same party running mate. The Lt.
Governor would be chief of staff; could be a director of a state
agency, would be the Governor's representative on state boards and
commissions of which the governor is a member, would be next in
succession to Governor's office if vacated. (see HCR 2006) Held.
Died in House.
HB 2109 Initiative and Referendum
Purpose section says initiative and referendum right is to be broadly
construed. City and Town initiative and referendum requirements could
be less strict than provided by state law. Copies of city ordinances,
franchises or resolutions that are subject of referendums would have tobegenerallyavailable. State process tightened. Chapter 10. HB 2127• BingoRestrictionon the number and timing of bingo occasions that can beheldinrentedpremiseswouldberepealed. No action. HB 2128: Comer-c,-ial—Lease.- seout:--Loea-1 Tam- Preempt -t tTechnicalCoorection: Vehicle Lighting
Provides a phased reduction and ultimate exemption from State and local
sales taxes for commercial bases, the business of leasing for a
consideration the use or occupancy of real property. Cities would be
preempted June 30, 1992 from taxing the leasing or renting of real
property. (Staff will provide dollar impact on Glendale. Important in
view of current Council considerations.)
Became Striker; Died in Senate.
HB 2176: Environment, Wastewater Penalties
Civil penalty of $1,000 could be imposed for violating D.E.Q. rules and
regulations on wastewater.
No action.
HB 2177: Dry Well, Solid Waste Penalties
Civil penalty of $1,000 could be imposed for violating D.E.Q. rules and
regulations on dry wells and solid waste.
No action.
HB 2178: Solid Waste Board Repeal
The Advisory Board would be discontinued.
No action.
HB 2180: Dental Plan Choice
An employer, union or other group of 25 or more employees that offers a
pre -paid dental plan that restricts members' choice of dentists would
have to offer a non-restrictive choice alternative plan.
Held in House Banking and Insurance.
HB 2182: Aids Test After Assault
A person charged with a sexual offense with assault involvingsignificantexposuretohisbloodorbodilyfluidsorwithbiting, scratching, etc. peace officers or medical personnel would be subjecttoacourtordertobetestedforAidsandHepatitisB. Vetoed. HB 2191: State Retirement Health BenefitAretiredordisabledmemberwith10ormore years of serviceineligibleforstatepaymentofpartofthehealth/accident insuranceorwhochoosesnottoparticipatewouldgetdirectcashpaymentinamountotherwisepayable. These payments are $95 per month forretireesordisabledmembersunderage65and $65 per month for thoseoverage65. It is retroactive to 1/1/89.
Intent Part of Comprehensive Package.
HB 2199: Firearm Forfeiture Limit
Except for defective weapons and machine guns or other particularly
controlled firearms, a government agency seizing a firearm as forfeited
property could not forbid a qualified Arizonan from buying the weapon
at public auction.
Held in Senate Judiciary.
HB 2202: Articulated Bus
Maximum permissable length of an articulated bus or trolley would be
set at 60 feet.
Chapter 74.
HB 2217: Landscaping District
Would expand current improvement district authority for enhanced
municipal services for landscaping and related maintenance on public
areas other than slum and blighted areas. Allows annexation of area
into district under same rules for forming and validates prior
improvement districts for these purposes.
Held in House Counties & Municipalities.
HB 2227: Freeway Sales Tax
Would allow Maricopa County Board of Supervisors to extend the 1/2 cent
sales tax for transportation an additional 20 years and would apply to
the existing state tax. (Controversial measure and is being discussed
with the need for transit.)
No action.
HB 2230: Property Tax Oversight
Cities would no longer file budget information with the property taxoversightcommission. The County assessor would be responsible forfilingandcitywouldfileagreementordisagreementwiththecountyfigures. Chapter 11. HB 2246: Photo Radar TicketPhotoradarticketswouldhave to be served personally at time ofallegedviolation. No action.
HB 2248: Roadway Sale
Allows for sale of roadway or portion thereof to an abutting owner at
fair market value. Under current law can only sell for amount public
jurisdiction paid for the land.
Chapter 75.
HB 2256: Water 4uality; Farms
Removes pesticides, herbicides, fertilizers and other agricultural
chemicals from definition of pollutant. Provides best management
practices economically feasible to reduce or prevent discharge of
nitrogen only. (Bears watching along with HB 2257)
Held in House environment.
HB 2257: Pesticides and Groundwater
DEQ given more discretion in determining which pesticides shall be
regulated for possible water contamination and reduces reporting
requirements of pesticide dealers.
Died in House.
HB 2275: Emergency Medical Services
ADHS authority and procedure for EMS licensing of ambulance attendants
and emergency technicians. Allows establishment of an EMS notification
system.
Failed House 22-32.
HB 2268: City Zoning Appeals
Changes last year's language to allow a city council to provide by
ordinance for appeals and to adopt procedures to handle the appeal
rather than be required to hear all appeals.
Died House. HB 2289: Arizona State -Local CommissionWouldestablisha19membercommission (4 would be city electedofficials) to provide a forum for discussion of long range state -localissuesandconcerns. Held indefinitly House Counties & MunicipalitiesHB2302: Bicycle Path vs. RoadStatutoryrequirementthatabicycle rider use a bike path instead of aroadifthepathisusablewouldberepealed.
Chapter 269.
HB 2304: Air Ouality Fund Use
Uses prescribed for air quality fund would be expanded to include
reducing particulate and ozone pollution.
No action.
HB 2309: Damage Award: Collatoral Source
Evidence that a person seeking a damage award was due to benefits from
an insurance policy or other collatoral source could be used as
evidence by the defendent.
No action.
HB 2318: Benefit Hike
Permanent base -benefit increase would be prescribed and made annual for
state retirement plan retirees. Immediate increase would be 4%, with a
formula used thereafter.
Intent Part of Comprehensive Package.
HB 2320: State Retirement Benefits
Multiplier for credited past service in the formula governing state
retirement plan benefits would be increased to 3% from 2%.
Intent Part of Comprehensive Package.
HB 2326: P.S. Retirement Benefits
Benefits currently available under PSRS at age 55 would be available at
age 50. System paid health benefits would increase to $50 from $35.
Intent Part of Comprehensive Package.
HB 2327: State Retiree Dependent Insurance Became Striker on SchoolBoardElectionsContinuinghealthandaccidentcoverageforthesurvivingspouseof aS.R. S. retiree would be extended to all the retirees survivingdependents. Striker Died in HouseHB2328: State Retiree Health InsuranceS.R.S. or plan retirees with less than 10 years service would beentitledtoproportionatehealthinsurancebenefits (9 yrs. 90% down to5yrs. 50%).
Intent Part of Comprehensive Package.
B 2331: Assault on Fire Fighter
Assault on any fire service employee doing his job would be aggravated
assault.
No action.
HB 2338: School District/City Improvement
A school district could contract to pay a share of costs of
improvements to adjacent land by a city nonprofit corporation.
Chapter 125.
HB 2353: Eminent Domain For Parking
The state and political subdivisions could condemn property for
off-street parking.
Held in House Judiciary.
HB 2355: City Property Tax Approval
A city's voters would have to approve a city's initial primary property
tax levy. If they didn't the city could levy no more than 95% of
disproved amount. (This is designed for Mesa's proposed imposition of
their first property tax ordinance. It does not affect Glendale and is
summarized for your information and as another example of state
intrusion on local matters.)
Chapter 166.
HB 2361: Improvement District Petition Became Striker on Board -Care
Homes
The 50% of electors requirement for a petition for a new improvementdistrictwouldberepealed. Striker Died in House. HB 2362: City/County Right -of -WayAcountyright-of-way with no taxable real property could be annexed byacitybymutualconsentofthegoverningbodies. Chapter 37. HB 2364: City Referendum
A city or town could specify a requirement for referendum petition
signature based on something other than the currently required number
of votes at the last city election.
Held in House Counties & Municipalities.
HB 2371: Public Officer Financial Disclosure
Would expand current law to include all appointed city and county
public officers, all judges and justices, anyone holding any elective
office and members of Board of Transportation, Regents and Central
Arizona Project. (We have opposed financial disclosure requirements for
our volunteer members of our boards and commissions.)
Died in House.
HB 2372: Police and Fire Union Became Striker HB 2298
Public Safety employees working for any city or town in the state would
be declared to have the right to join labor organizations and bargain
for wages and conditions of employment. It would be illegal to
discriminate against a person for doing so.
Chapter 252.
HB 2391: State Planning Office
An "office of state planning" would be created to coordinate planning
for the future.
No action.
HB 2401: City Zoning Ordinances
A city council could approve a zoning change subject to conditions and
enforce the conditions in the same manner as a zoning -ordinance.
Died in House.
HB 2413: Obscenity Standards
Local community standards instead of state standards would be used todefinewhatisobsceneunderthelaw. Failed House Judiciary 7-8. HB 2424: Trarrspor-tatLon-Gamer Paradise Parkway Freeze. The Transportation Department would have to complete a study on theneedandlocationforaneast -west Maricopa County freeway before workcouldproceedontheParadiseParkway. (This bill will be carefullytrackedandGlendale's position stated early.) Died in House.
HB 2427: Water Transfers
Would prescribe rules of transportation of groundwater; establish
closed and reserved basins. (Rep. Guenther's bill; same issues as
AMWUA's bill.)
No action.
HB 2429: Water Transfer Out of State
Except for treaties, compacts or federal law, it would be illegal to
transfer water out of state without a DWR permit.
Chapter 168.
HB 2430: Water Farm Lieu Tax
Would authorize payments on land from which water might be taken as
well as from land it is taken.
Held in House Counties & Municipalties.
HB 2503: Seat Belts
Would be required.
Retained on Senate calendar.
HB 2515: Vehicle Covered Loads
Another covered load bill.
No action.
HB 2537: Mass Transit
A committee would study "mass transit alternatives" not being studied
by ADOT.
No action. HB 2549: Award Against GovernmentPeriodicpaymentoffutureeconomic damages excluding $100,000 awardedaplaintiffagainstapublicentityotherthanthestatecouldbeordered. Held in House Banking & InsuranceHB2558: Library District RepealLibrarydistrictswouldberepealed and free pubic library systemre-established.
Failed Senate COW 10-18.
HB 2560: City Share
City or town would get a share of fire district tax.
No action.
HB 2587: Prefab Housing Zoning
It would be illegal for a city council to forbid installation of
manufactured housing on single-family lots. (This bill was not
introduced last year. It has been introduced 7 times. It has been
opposed as a preemption of local zoning authority.)
Held in House Counties & Municipalities.
HB 2590: Underground Pipes and Lines
A state "blue stake" law would require underground facility safety,
marking and notice.
Chapter 45.
HB 2595: Rezoning Compensation
A property owner whose property is devalued as a result of a rezoning
would be compensated by the appropriate governing body. ( Mr. English's
perennial down zoning bill.)
No action.
HB 2626: City Underground Facilities - Died in House Rules
Authority for all municipalities to establish improvement districts for
underground utility and cable T.V. facilities in public rights of way
and easements. (Glendale's bill to remove restrictive "Scottsdale
only" language from existing law. Passed Commerce committee.)
Became Striker on State Employee Discipline Appeal - No action. HB 2634: Public Works Labor RelationApublicemployeerelationsboardwould be established to overseepublicemployeeunionbargaining, certification elections, etc. Publicemployerscouldnotrefusetobargain; public employees could notstrike. No action. HB 2635: Water TransfersStatewaterboardwouldmanage water transfers; limits on amount of
transferable water; permits would be required. (Another water bill;
not in agreement with AMWUA's position.)
No action.
HB 2636: State Retirement Insurance
Expands state -paid health and accident insurance under the S.R.S.
Intent Part of Comprehensive Package.
HB 2653: Water Transfers
Terms, conditions, limitations and procedures for transporting
groundwater. Reserve groundwater basins and limits on groundwater
withdrawal in them would be established by law. Cities could make
intergovernmental agreements to pay for taking water from land outside
their boundaries. (This is a major bill! It is the AMWUA's position
on water transfer. It will be closely monitored and supported.)
HB 2657: Concealed Weapon
A private individual could obtain a state permit to carry a concealedweaponifhemetvariousage, background and experience qualifications.
Failed Senate Judiciary 3-6.
Other Significant Action•
HB 2493: Billboard Non-conformance
This bill would have prohibited cities and towns from requiringbillboardslocatedonundevelopedpropertyberemovedpriorto
development.
VETOED.
HB 2557: Solid Waste Facility
This bill was subject of multiple amendments requiring stringentenvironmentalcontrolsatlandfills. The House did not concur in theSenateamendmentsandthebilldied. HB 2511: Election ConsolidationCities, schools, special districts would have been required toconsolidatetheirelectiondays. The bill died in a Housesub -committee. HB 2666: Water Transfer ActBecauseLaPazCountyobjected to several of the compromise provisionsworkedoutwithcompetinginterestsoveratWOyearperiodandconsolidatedintoabillwhichpassedtheHouse43-17, the Senate
leadership did not bring the issue forward and the bill died in Senate
committee. The right-of-way protection and preemption of local control
on future water transfer were major city positions. There is discussion
that the legislation will be revisited in the second session.
SB 1233: Judicial Enhancement Fund
The intent of this legislation is to establish a fund to improve
state-wide court collection and administrative procedures. A five
dollar fee for attending defensive driving school; a 5% surcharge on
all filing appearance and clerk fees; $8 fee on time payments of
fines. $3 of this $8 fee remains with the city court, $3 to the
enhancement fund and $2 for county public defender training.
Fiscal 2000•
The development of this comprehensive study on state revenues and
expenditures is on schedule. The chapter on local finance will be heard
on August 23rd. A special sessionhas not been announced.