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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 T[ rtil N3SnItma0mXoA C a OmmSmmm1mMLMI) H CJtpymtomtomcm mTmAmmmmvvy y yoA= a ot0mDDtoO LmOym < O Z ryy J 7o0i. O. 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MdCddn y2 N m y ID n y n f m -7 d fD C M a m D 0 0 A 7 7 N rt y 7 K N N < 1 y -i. :D 7 N M "O O rt O O O 2CA77 N O y •G n M o a An v d atp < ? c m a O N rt N n y N v a c• o f'D J • O• S, c co D °+ coo 0 C ' C 3d 0' J M 7 fD a y tC/ O 7 c ' O M N •-t n r•t 7 0 = y S O M 7 N d c n N y C 7 d d I t0' 0 M d 7a 0 d M n d O < y O N n 7 • y h fofpp a i. O. 7 M O O d 9 y 7C d y 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.