HomeMy WebLinkAbout1981 09.16 City Council Regular Agenda I
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'IP/Z0NP COity o GApache 09unction
DATE:
MEMORANDUM TO: Director of Public Works
FROM: Operations Supervisor
REGARDING: Test Section Results
Attached please find the results of the test section
on 16th Avenue, between Ironwood and San Marcos.
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1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
'oh. 7'mb*7-81
16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
1st Section - San Marcos west 1/3 towards Ironwood.
Ripped - water only - rolled
two hours - three men - one blade - one water truck - one roller
2nd Section - Middle section
Bladed dry - one man - one blade - thirty minutes
3rd Section - last 1/3 west
Ripped - water and enzymes - rolled
two hours - three men - one blade - one water truck - one roller
* Only enough to make 70% strength on enzymes.
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16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
Cost Per Section
Section 1 - Dry Section
Blade .5 hours at $40.00 an hour $ 20.00
TOTAL COST $ 20.00
Section 2 - Water Only Section
Blade 2 hours at $40.00 an hour $ 80.00
Water truck 2 hours at $30.00 an hour 60.00
Roller and Operator 2 hours at $14. 69 an hour 29.38
TOTAL COST $ 169.38
Section 3 - Water And Enzymes
Blade 2 hours at $40.00 an hour $ 80.00
Water truck 2 hours at $30.00 an hour 60.00
Roller and Operator 2 hours at $14. 69 an hour 29.86
Enzymes 3.5 gallons at $9.40 a gallon 32.90
TOTAL COST $ 202.76
7-27-81
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TEST SECTION
Section 1 i Section 2 Section 3
16th Water 16th Dry Water & Enz. 16th
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7-27-81
Aim.
16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
BEFORE STARTING PROJECT
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Section 1 - To be ripped, watered Section 2 - To be bladed dry.
bladed and rolled.
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Section 3 - To be ripped, enzymes
bladed and rolled. `r $
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16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
AFTER COMPLETION
•
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Section 1 - Water Section 2 - Dry
Section 3 - Enzymes
AM Ilk Oink.
16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
JULY 28, 1981
Section 1:
The watered section shows little wear. Section 1
has more dust than Section 3, but less than Section
2.
Section 2:
Dry section is starting to pothole and some wash
boarding is evident. Quite dusty.
Section 3:
Enzymes and water shows the least wear and dust of
the three sections.
JULY 29, 1981
Section 1:
Still in excellent graded condition with some dust.
Section 2:
Potholes and wash-boarding more than the other sections
and is quite dusty.
Section 3:
In appearance the only noticable difference is the
dust. It is a little less dusty than Section 1, and
there is a very noticable difference in it and Section
2.
7-29-81
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16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
Truck Traveling At 20 MPH
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Section 1 - Watered Section 2 - Dry
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Section 1 - Watered and
Enzymes.
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16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
JULY 31, 1981
Section 1:
Road is dusty and starting to wash-board.
Section 2:
Road is very dusty and is considerably wash-boarding.
Section 3:
Dusty but still in good bladed condition.
Pictures taken of all sections on August 4, 1981
Section 1 :
Wash-boarding and dusty.
Section 2:
Very wash-boardy and dusty.
Section 3:
Dusty but still smooth.
/IN /11S 8-04-81
16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
AUGUST 4, 1981
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Section 1 - Watered Section 2 - Dry
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Section 3 - Watered and
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Enzymes.
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16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
AUGUST 10, 1981
All sections have been changed due to the rain.
Test results should be terminated at this point,
in order to get an accurate report. Therefore,
I will postpone reporting, until I can see what
the results the rain has had on the enzymes.
AUGUST 20, 1981
Section 3:
This section shows some wash-board effect when you
leave Ironwood entering the test section. This is
understandable because of vehicle stops and acceler-
ations when one street enters another. Once you pass
the first few feet the road smooths out showing ex-
cellent compaction. It does have dust, but of the
three sections it is the smoothest and the least dusty.
Section 2:
This section is very dusty and has a bad wash-board
effect. Out of the three it .is worst in every situation.
Section 1 :
This section also shows the wash-board effect when
entering section from San Marcos. The effect re-
mains throughout the test section, although, it is
not as bad as Section 2.
Over All Evaluation.
Section 1 is good for one week, possibly one and a
half weeks before needing some touch-up work.
Section 2 is good for a half week before needing some
touch-up work.
Section 3 is still in decent shape. ( 5-6 weeks)
8-20-81
16th AVENUE TEST SECTION
16th Avenue between Ironwood and San Marcos
AUGUST 20, 1981
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Section 1 - Watered Section 2 - Dry
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Section 3 - Watered and
Enzymes.
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qR/ZONP `Oity o (94pache 09unction
DATE: September 15, 1981
MEMORANDUM TO: Director of Public Works
FROM: Operations Supervisor
REGARDING: Test Section Results
Attached please find the results of the test section on Southern
Avenue. The results are not final yet because the test is not
complete.
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1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
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SOUTHERN TEST SECTION
Section #1 Calcium Chloride
Section #2 Waste Oil
Section #3 PDOK
Section #4 Enzymes
Test sections were each ripped, bladed and rolled. The section
consist of 1/4 mile on Southern Avenue between Idaho Road and
Winchester. It was divided into four sections each one being
330' long. They are to be ripped to a depth of six (6) inches
before applying the test material. The test began August 27,
1981 at 7:15 a.m.
AUGUST 27, 1981 PICTURES OF COMPLETED SECTIONS
Section #1 - Calcium Chloride Section #2 - Waste Oil
x— ___
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Section #3 - PDOK Section #4 - Enzymes
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COST PER SECTION
Water and Enzymes
Enzymes 8.5 gallons at 9.40 a gallon $ 79.90
Roller and operator 2 hours at 18.90 37.80
Blade and operator 2 hours at 40.00 80.00
Water truck and operator 2 hours at 30.00 60.00
Total $ 257. 70
*Cost per mile $4,123.20
PDOK
PDOK 616 gallons and sprayer truck $ 733.53
Roller and operator 2 hours at 18.90 37.80
Blade and operator 2 hours at 40. 00 80.00
Total $ 851.33
*Cost per mile $13,621.28
Waste Oil
Waste Oil 616 gallons and sprayer truck $ 336.67
Roller and operator 2 hours at 18.90 37.80
Blade and operator 2 hours at 40.00 80.00
Total $ 454.47
*Cost per mile $7,271.52
Calcium Chloride and Water
Calcium Chloride 3600 pounds at 24.80 per 100 lbs. $ 892.80
Roller and operator 2 hours at 18.90 37.80
Blade and operator 2 hours at 40.00 80.00
Water truck and operator 2 hours at 30.00 60.00
Total $1,070.60
*Cost per mile $17,129.60
*If a stable road bed is already established 1/3 of this amount
can be used. The cost then would be $5,709.87.
SOUTHERN TEST SECTION AUGUST 27, 1981
Section I
The calcium chloride is easily applied and looks damp even when
dry. It has a very hard film on top of the surface. It gives
the appearance of brown concrete.
Section II
The waste oil takes some time to soak into the surface. After
it soaked in, it was rolled again. Automobiles are showing lit-
tle effect on it.
Section III
This section took the longest to apply. We put the PDOK down at
9:45 but were unable to roll it until 2.30 in the afternoon. The
maximum depth of penetration was one inch.
Section IV
The enzymes are easily applied. It shows good soil stabiliza-
tion at this time. Both Section I and IV shows maximum pene-
tration.
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SOUTHERN TEST SECTION SEPTEMBER 1, 1981
Section I
Of the four sections this sections shows the least wear and also
the least amount of dust. On a scale of one to ten, one being
very little, it would be a one.
Section II
This section is starting to pot hole from the traffic. On the
same scale it would be a three.
Section III
Of the four sections this section shows the greatest wear. The
PDOK is for dust control and shows no soil stabilization. On
the same scale it would be a three due to the amount of pot holes
in it.
Section IV
Of the four test sections this section shows the most dust. It
would be a five plus on the scale.
SEPTEMBER 1, 1981 PICTURES OF THE SECTIONS
Section #1 - Calcium Chloride
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Section ##2 - Waste Oil
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Note the light colored places
in the surface, these are pot
`b+ holes starting.
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SEPTEMBEK 1, 1981 PICTURES OF THE SECTIONS
Section #3 - PDOK
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Section !4 - Enzymes
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SOUTHERN TEST SECTION SEPTEMBER 8, 1981
All sections are progressively showing wear and dust. Section I is show-
ing very little wear and only a trace of dust. The others are showing
wear at a fast pace. With section four showing the greatest amount of
dust by far and section three the greatest amount of wear. If they were
rated by dust control, at this time it would be:
1. Calcium Chloride
2. Waste Oil
3. PDOK
4. Enzymes
Rated by wear:
1. Calcium Chloride
2. Enzymes
3. Waste Oil
4. PDOK
SOUTHERN TEST SECTION SEPTEMBER 14, 1981
All sections have been watered for a few days. This was done by
the contractors working at the Junior High School without my per-
mission. This has greatly effected the study of the test. It
has the greatest effect on sections two, three and four. Most of
the PDOK has been broken up and carried off. At this time calcium
chloride and waste oil are the best
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SEPTEMB.... 14, 1981 PICTURES OF THE SECTIt,.4S
Section #r`1 - Calcium Chloride Section #2 - Waste Oil
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Section #3 - PDOK Section #4 - Enzymes
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PADS SPRINTS HOta.OWNTi S ASSOCIATION
APACFP: JUNCTION, A i'T PTA
85220
September 12, 191
City of d ache Junction
Idaho Ave.
;,cache Junction, Arizona, 85220
?tt^t tiding De-rt. •ir. Leo Nrn ier
De'tr i r. ;ra:'ier:
The honeow-ors in the ?also Spxz'in;s suba ision ,ire very upeet ,*ith the
trash blotting frouid from constr+;otton sites, vainly Morin* fiarrItrnstiln.
Many residents have called 14'. ilorvak, and talked to him in person, n'rt
Vfze only told ho is too busy to pick up tray . '•onsequentl;;, coriiont
r s, r co:LhrE paper, --)ester cups, etc are li.ttorinm, our area.
erhap2 when ar. Morvak, or others, are given a building permit, they
should ho told they are responsible .'or their litter and t hat they are
requested to pro lido a litter wagon to "police" up their construction
areas. They should also be rentnded that we to have a litter 1 tw.
!o )ul:1 lilt: this matter given your is etc;:i?eta attention.
Yotir very truly
fl it:11711%ft, eres1lent
o, ors p s4.ociation
fob
t ta. r ll rke, Mayor
N. Hill, V 1ce.&yor
T. Daaiano, ounci t /
Tiuriso s Cornet
' . venan&el, Scttn7 r'i ty 1*anaaer
!'o"':a:T :onst►raiot i.on
File e
AN ilk._ i► i�
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AiRizoo• (=Oity o f Cipache unction
September 10, 1981
MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THROUGH: BILL McDANIEL, ACTING CITY MANAGER 41A ,
FROM: ,ALA-a,--JOE GERO, DIRECTOR OF PLANNING
SUBJECT: FOUR CORNERS REGIONAL COMMISSION
Attached is the Four Corners Regional Commission (FCRC) quarterly
report approval by letter, dated September 2, 1981 , for the period
of June through August. Your attention should be directed to
comments made by FCRC with regard to amendment and the final report
date for submission of all reports to that organization.
For your information, the FCRC will be out of existence after
September 30, 1981 . However, an interim non-profit corporation
will manage the affairs until all projects are concluded.
JWG rin
Attch.
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
`c V CUR1y�S
D.,astA..
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* �o
*=* �¢o� �E+ )= OFFICE OF THE EXECUTIVE DIRECTOR-2350 ALAMO S E ,SUITE 303,ALBUQUERQUE NEW MEXICO 87106
rE" 0 AREA CODE (505) 766-2990
%NaL com cO
September 2, 1981
Mr. Joseph W. Gero
Director of Planning
City of Apache Junction
P.O. Box K
1001 North Idaho Road
Apache Junction, Arizona 85220
SUBJECT: APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS
FCRC No. 101-811-082-2
Dear Mr. Gero:
The Fifth Progress Report on this project has been reviewed and accepted.
Scheduled payment of $2,500 was processed to day; you should receive
your check in approximately four weeks.
We have noted your request for a time extension and reporting amendment
to the Grant agreement. A formal amendment will not be necessary. Under
the provisions of OMB Circular A-102 you are allowed 90 days following
the expiration of the Grant to submit all required reports . Should you
wish to circulate the draft reports in December, you have approval from
this office to do so. We will not require, however, that you submit a
formal progress report at that time. After local circulation of the
draft reports in December, we feel that submission of an overall draft
final report should be made to this office no later than February 12,
1982. This will allow us to review and approve the reports for final sub-
mission by your requested date of March 12, 1982.
Thank you for your attention to this project.
Yours truly,
i..
Dick Meyer
Program Officer
DM:sg
Enclosure
cc- Federal Cochairman' s Office
State Alternate
�
.`.t �/ ]r
/ 5t1i / III SCOPE OF W0m`
.\ The Grantee is following the proposed Scope of Wotk far this DrnjeLt, |
� / \
. /
\ IV. BUDuGFT |
. � \
Expendrtuies arewItnzu Grant lim.ta±ione. �
v �PROGRESS ^_
Progiei�s i,a satisfactory
|
| VII. XI-Ir0DM[NTS
\ |
The Grantee is authorized by informal agzeemeut to delay aubouso»oo of the draft final zr--port
| to no later tuau rebzuazy 12, 1982 The rzoal BeDnzt would then be due by March lZ , 1982,
' but in ro ca-so later than march 31, 1983'
. .
FE-VIIINLD AND ACCEPTED BY: CONCURRED WITH.
���---' �-&rou��-- Dzrecu/r
ozok /1eyers - pfoqrum officer Da to nia u uiggs - Exm ve
slg
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/
/
! CRC
EVALUATION OI PROGRESS/FINAL REPORTS
; , ' -,. , tp.
ECTTON T
Date : 9/07/81l
Project Name : APACHE JUNCTION GENERAIL PLAN Monitor • Dick Meyers_
Project Number' 101-811-082-2 State (s) :Artzona
DISTRIBUTION : (please list number of copies sent)
FCC Monitor Other
Pt=
_ .Alternate (s) Program Evaluator Other
1 1/
CONSTRUCTION START: i—` PLANNED '• —� ACTUAL :
--' t
1 OI AL AMOUN1 OF GRANT $ 53 000 . 00 NUMBER OF PROGRESS REPORTS
--� ( F Draft of Final + Final Report
III of Report Report Report Repol: t i Report Report j Draft 1 Final
-- �_ IV o r k #, 1 # 2 # 3 �'? 5 t' finali 12oport
I . REPORTS :
Date Due. . , . , 0 . , . > , 9/1/80 12/1/8 3/1 /81611/81 9/1 /8.I _.___..... __-12/01/81 _12/)1/811
Date Received a o 0 0 0 4 . , 0 9/11/8072/8/80 2/28/83 6/01./8l 9/02/81 -- _
1' Date Evaluated, . , . , . , _ , 9/16/80L2/12/S' 2/26/.. 16/05/8t9/02/8] �_�- -L___ --
*Report Delayed „ .
II , PA\MFNTS :
Amount due upon execution
$ 30 , 000 00
Amount due upon acceptance of
report 5 , 000 5 000 5,000 $3, 000 $2 , Son $2., .(0-
Amount due upon receipt — f
of I anal $ 2 , 500 . 00
eP .. 16,
qR/ZOO' C4ac/ e 09unctian
.�. CITY COUNCIL
u REGULAR MEETING
..\ . AGENDA
SEPTEMBER 16, 1981 7:00 P.M.
6:00 P.M. EXECUTIVE SESSION
—INVOCATION
4 PLEDGE OF ALLEGIANCE
r/ROLL CALL
✓(1) ACCEPTANCE OF THE AGENDA
-2) ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1981
6) ACCEPTANCE OF THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 4, 1981
✓AWARDS, PRESENTATIONS AND COMMUNICATIONS
L./ CALL TO THE PUBLIC
V CITY MANAGER'S REPORT
PUBLIC HEARINGS
1/ `T' PROPOSED ORDINANCE NO. 109, (PZ-15-81) , ARMSBY
OLD BUSINESS
LAS( APPOINTMENT OF PERSONNEL BOARD
(tabled item)
NEW BUSINESS
L/(5) PROPOSED ORDINANCE NO. 111, AMENDMENT TO ORDINANCE NO. 84,
HEALTH COMMISSION (FIRST READING)
,,,-(7) PROPOSED ORDINANCE NO. 112, PROVIDING FOR CHANGES IN PENALTY
FOR VIOLATIONS OF THE CITY CODE (FIRST READING)
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
c *`
v'U) PROPOSED ORDINANCE NO. 113, CREATION OF PERSONNEL BOARD
(FIRST READING)
t- (9) INTERGOVERNMENTAL AGREEMENT — PINAL COUNTY SHERIFF
C.i,i(10) EXECUTIVE SESSION, OCTOBER 7, 1981 V— /�'�/ %3v
[, '") INFORMATION AND REPORTS
(COUNCIL LIAISON REPORTS)
Asimik
REQUESTS OF COUNCIL
(12) ADJOURNMENT
ROLL CALL
ROLL CALL IPRESENT ! ABSENT
MAYOR CLARKE t j r
VICE-MAYOR HILL ✓ }.
COUNCILMAN SHARKS �/ f
COUNCILMAN STEELSMITH vy
•
COUNCILMAN HUDSON
COUNCILMAN DAMIANO
COUNCILMAN EIDSON f
TOTAL •
STAFF PRESENT
CITY MANAGER
CITY CLERK
DIRECTOR OF ADMINISTRATIVE SERVICES
DIRECTOR OF PLANNING
DIRECTOR OF PUBLIC SAFTEY
DIRECTOR OF PUBLIC WORKS
CITY ATTORNEY
OTHER
ROLL CALL VOTE SHEET
NOTES
ITEM # MEETING OF f'' ,6
MOTION BY: \\I 'N SECONDED BY: J C-
YES NO ABSTAINED
COUNCILMAN HUDSON v`
COUNCILMAN SHANKS
COUNCILVI STEELSMITH
COUNCILMAN DAfMIANO ✓
COUNCILIAN EIDSON
f
VICE 'MAYOR HILL ✓
MAYOR CLARF ►�
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO , 1
BE IT RESOLVED BY
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE AGENDA BE ACCEPTED AS PRESENTED,
oak Aar,
CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 2, 1981
The regular meeting of the City Council of the City of Apache
Junction, Arizona, was held on September 2, 1981, at the Apache
Junction Council Chambers pursuant to the notice required by law.
CALL TO ORDER
Mayor Clarke called the meeting to order at 7 00 p m
INVOCATION
Councilman Shanks led the Invocation.
PLEDGE OF ALLEGIANCE
Vice Mayor Hill led the Pledge of Allegiance.
ROLL CALL
Councilmen Present Councilman Steelsmith, Councilman
Shanks, Councilman Damiano, Councilman
Eidson, Councilman Hudson, Vice Mayor
Hill , Mayor Clarke
Staff Present• City Manager, G Ray Lee
Director of Administrative Services/
City Clerk, Marlis J Davis
Director of Public Safety, Bill
McDaniel
Director of Planning, Joe Gero
Director of Public Works, Rich Broman
Others Present Ms Midge Conway
902 South Ocotillo Drive
Apache Junction, Arizona 85220
Ms Jackie Trevino
55 South Outpost Road
Apache Junction, Arizona 85220
Mr Jerry Burgess
349 South Saguaro
Apache Junction, Arizona 85220
Ms Priscilla Gardner
5640 East Shiprock
Apache Junction, Arizona 85220
Mr. Greg Johnson
PRC Toups
4131 North 24th Street
Phoenix, Arizona 85016
ACCEPTANCE OF THE AGENDA
Councilman Eidson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT TIE AGENDA BE ACCEPTED AS PRESENTED.
Councilman Damiano seconded the
motion
VOTE• Unanimous
0114
The motion carried
ACCEPTANCE OF THE MINUTES OF THE
REGULAR MEETING OF SEPTEMBER 2, 1981 )
Councilman Damiano MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 19, 1981, BE AND HEREBY ARE,
ACCEPTED AS PRESENTED.
/IN Councilman Eidson seconded the motion
VOTE. Unanimous
The motion carried
AWARDS, PRESENTATIONS, AND COMMUNICATIONS
Mayor Clarke presented a Certificate of Appreciation to Ms Priscilla
Gardner, advisory member of the Airport Commission, as a token of appreciation
Mayor Clarke stated
"Over many months Ms Gardner has assisted the Airport Commission in
many ways to gather airport information and in meeting with persons
interested in airport development and industrial development
Her enthusiasm and energy is to be an example of active participation.
Priscilla Gardner we appreciate your efforts Thank you very much "
Joe Gero, Director of Planning, introduced Mr. Greg Johnson, Assistant
to Mr John Stansel , who gave an outline on the proposed future Master Plan
for the City Hall Complex It was outlined in five year increments, for
twenty years.
Councilman Damiano asked that Director of Planning, Joe Gero, reiterate
that this is long-range planning only Joe Gero stated that there were no
funds available at the present for this extensive plan, and this is extremely
long-range. He also stated that once the City has a Master Plan, as the Council
sees fit and as the opportunitites arise, we may find sources to build one or
more of the particular projects at a time, and when it is completed the projects
will all relate, and follow government standards.
Councilman Damiano asked that Director of Planning, Joe Gero, explain to
the public the $54,000.00 grant Joe Gero stated that the Master Plan project
costs approximately $4,000.00 This was an obligation of the City to perform
/.11N this as part of the Four Corners Grant If the City does not have plans for
projects, they cannot compete for grants to help with these projects
CALL TO THE PUBLIC
Ms Midge Conway suggested setting up a liaison committee to contact
neighbors around the City to find out their problems and suggestions. This
�1,..,,x• ..«;:.- 4n,, � >: committee could meet once a month to relate their findings. She felt that
citizens would be more apt to talk to their neighbors than to a City Council
member, and this would help attitudes toward the City of Apache Junction
Ms Jackie Trevino, a former employee of the City submitted a complaint
regarding the Personnel Policy enforcement
Mr Jerry Burgess, a former councilman, stated that he was and is dis-
appointed that the Councilmen do not take an active part in writing the
Personnel Policy Mr Burgess also stated that according to Ordinance 12,
the City Manager and all City employees must live within the City limits,
stating it should be enforced
Councilman Eidson stated that the Councilmen have been lax regarding the
Personnel Policy, but will improve on it in the future
REGULAR MEETING OF THE CITY COUNCIL
PAGE TWO
SEPTEMBER 2, 1981
/1 /44,4
Councilman Hudson stated that the Attorney had advised not to speak
on the subject, but he did want to state that whenthe new Ordinance is
finished, he would like the Policy to be circulated among Personnel
Departments in other companies to add any suggestions.
Councilman Shanks stated that last year a Committee was appointed
to review the Personnel Policy, and that she has been the only one to
submit recommendations.
Councilman Steelsmith stated that mistakes can be made, and
rN problems cannot be found until they are tested.
CITY MANAGER'S REPORT
City Manager, Ray Lee, called upon the Acting Director of Finance,
Rosemary Montgomery, to give the monthly Financial Report
FINANCIAL REPORT - AUGUST 1981
"This evening I would like to bring you a financial report indicating the
state of the City's finances at the close of the second month of the fiscal
year 1981-82
The audit by Haymore and Busby is in its conclusion and I have tentatively
scheduled the audit report to be presented on your agenda for the September
16th Council meeting.
My following report this evening reflects expenditures, revenues and
encumbrances for the month of August It states bank balances as of
August 31, 1981.
DURING THE MONTH OF AUGUST, THE CITY EXPENDED FROM THE GENERAL FUND $128,721 85
RECEIVED REVENUES OF $143,751 52
ENCUMBRANCES ON THE GENERAL FUND ARE $ 13,692 00
BANK BALANCE IS $ 62,053 04
I will recommend to the City Manager that $40,000 00 from this account be
placed in a 30 day certificate
THE GENERAL FUND SAVINGS ACCOUNT EARNING 51% INTEREST HAS A BALANCE OF $ 427 19
A COURT BONDS HOLDING ACCOUNT HAS A CHECKING ACCOUNT BALANCE OF $1,728.00
A HIGHWAY USERS CHECKING, WHICH INCIDENTALLY, IS EARMARKED FOR
ROAD MAINTAINENCE AND IMPROVEMENT
EXPENDED $ 8,350 30
RECEIVED REVENUES OF $16,972 87
ENCUMBRANCES ON HIGHWAY USERS ARE $ 9,768.00
BANK BALANCE OF $26,860 00
[_ THE HIGHWAY USERS SAVINGS DRAWING 51% INTEREST HAS A BALANCE OF $ 553.44
THE PUBLIC WORKS RESERVE FUND HAS BEEN TRANSFERRED FROM A CHECKING
ACCOUNT TO A 51% INTEREST BEARING SAVINGS ACCOUNT. THIS ACCOUNT IS
THE HOLDING FUND FOR THE SWIMMING POOL DONATIONS
EXPENDITURES ARE $ 0
REVENUES $ 383 20
ENCUMBRANCES $ 0
REGULAR MEETING OF THE CITY COUNCIL
PAGE THREE
SEPTEMBER 2, 1981
BANK BALANCE OF $1,958.05
THE GRANTS IN TRUST CHECKING ACCOUNT EXPENDITURES $ 0
TRANSFER OF FUNDS
TO
IDLE FUNDS DEPOSIT OF $10,000.00
REVENUES OF $ 7,591 10
/r', {- OBLIGATION OF $ 2,900.00
BANK BALANCE OF $12,672 66
It is my recommendation that $10,000 00 from this account also be placed
in the Idle Funds Deposit drawing a high interest rate
THE FEDERAL REVENUE SHARING ACCOUNT
EXPENDED $ 4,885 34
TRANSFER
TO
IDLE FUNDS $15,000 00
CREDITS OF $ 1,166.46
ENCUMBRANCES OF $ 1,031 00
BANK BALANCE OF $10,486.78
THE PAYROLL ACCOUNT
EXPENDED $57,091 56
TRANSFER OF FUNDS
C PAYROLL TO $57,091 56
BANK BALANCE OF $36,355 36
Presently the City's Idle Funds Deposit is in a 30 day certificate invested
with the Copper State Bank.
The City has $175,000.00 drawing 18 27% interest.
"111%, It will earn $2,664 38 for this 30 day period
This certificate will fall due on September 20th and on this date $225,000 00
will be placed through a bid process in a 30 day certificate.
The City remains free of bonding or indebtedness other than normal operating
expense
Mayor Clarke called a ten minute recess The meeting reconvened at 7 54 p m
PUBLIC HEARINGS
None.
OLD BUSINESS
APPOINTMENT OF PERMANENT
PERSONNEL BOARD
Councilman Hudson MOVED THAT BE IT
II
RESOLVED BY THE MAYOR AN
D CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA,
THAT ITEM NO 3, APPOINTMENT OF THE PERSONNEL BOARD BE AND HEREBY IS, REMOVED
FROM THE TABLE FOR ACTION
REGULAR MEETING OF THE CITY COUNCIL
PAGE FOUR
: ... . . .. SEPTEMBER 2 1981
Councilman Shanks seconded the
motion.
VOTE Unanimous
The motion carried.
Councilman Hudson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT THE FOLLOWING PERSONS BE AND HEREBY ARE, APPOINTED TO THE
I� PERSONNEL BOARD. JEAN CLIFT, MILDRED CONWAY, TERMS TO EXPIRE SEPTEMBER 2,
1982, AND MARVIN HALBERT, SUSAN STAGGS,GARY COLLINS, TERMS TO EXPIRE
SEPTEMBER 2, 1983
BE IT FURTHER RESOLVED THAT THE PREVIOUSLY APPOINTED INTERIM PERSONNEL
BOARD BE AND HEREBY IS, DISSOLVED
Councilman Steelsmith seconded the
motion
VOTE In Favor Councilman Steelsmith, Councilman Eidson, Councilman Hudson
Opposed Councilman Damiano, Councilman Shanks, Vice Mayor Hill
Abstained• Mayor Clarke (possible conflict)
The motion failed
APPOINTMENT OF THE CHARTER
GOVERNMENT COMMITTEE
Councilman Steelsmith MOVED THAT BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT MR JACK TANDY, MS LILLIAN CASTRO, MS. ELEANOR LEWIS, MR. HARRY
r POLOMSKY, MR JERRY MICHAELS, MR. DICK RABIDUE, MS MILDRED CONWAY, MR ROBERT
LAPLANT, MS. BERTHA ROGERS, MS. ROSALINE DEBNAM, MR TOM SANSONI, MR ROBERT
( SCHAUSTER, MR SAM GARDOM, MR JOHN SCHMIDT, MR. CLARENCE ZEHNLE, MR. FRANK
JIMENEZ, MS PEGGY BALJO, MR DALE BURFIEND BE AND HEREBY ARE, APPOINTED
TO SERVE ON THE CHARTER GOVERNMENT COMMITTEE TO STUDY THE ADVANTAGES OR
DISADVANTAGES OF THE CHARTER FORM OF GOVERNMENT IN APACHE JUNCTION, ARIZONA
BE IT FURTHER RESOLVED THAT A REPORT BE RENDERED NO LATER THAN MARCH 17, 1982.
Vice Mayor Hill seconded the motion
/^ VOTE In Favor Councilman Hudson, Councilman Steelsmith, Councilman Damiano,
Councilman Eidson, Vice Mayor Hill , Mayor Clarke
Opposed Councilman Shanks
The motion carried.
Councilman Hudson called a point of order stating the item appointing
the Personnel Board needs to be tabled, changed or approved.
City Attorney, Arnold Hirsch suggested that the item be tabled, or
an Executive Session called at that time to change the motion
Councilman Shanks MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
TO TABLE ITEM NO 3, APPOINTMENT OF THE PERSONNEL BOARD, AND DISOLVING THE
INTERIM PERSONNEL BOARD BE TABLED UNTIL THE NEXT REGULAR MEETING OF THE
CITY COUNCIL
Councilman Steelsmith seconded the
motion.
VOTE In Favor. Councilman Shanks, Councilman Steelsmith, Councilman Damiano,
Councilman Eidson, Vice Mayor Hill , Mayor Clarke
REGULAR MEETING OF THE CITY COUNCIL
PAGE FIVE
SEPTEMBER 2, 1981
0 1
Opposed: Councilman Hudson
The motion carried
NEW BUSINESS
ACCEPTANCE OF RESIGNATION OF
AIRPORT COMMISSION MEMBER
Dr. Dave Robinson sent a letter to Mayor
Clarke expressing a desire to resign from the Airport Commission
Councilman Shanks MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE RESIGNATION OF DR DAVE ROBINSON FROM THE AIRPORT COMMISSION BE
AND HEREBY IS, ACCEPTED WITH REGRET
Vice Mayor Hill seconded the motion
Councilman Damiano requested that he
read the letter from Dr Robinson.
Dear Mayor Clarke
This is to let you know that I am forced to resign from my position as
a member of the Apache Junction Airport Board of Commissioners I find
that my duties as an actively practicing Optometrist, plus other outside
interests have become too pressing With this in mind, I feel that I will
not have adequate time to devote to the Airport Commission.
Please let it be known that I have very much been honored to have spent
time on the Commission, and appreciate all the hard work being done by
the Commission members, as well as the City
It is with regret that I feel it necessary to tender my resignation
Thank you and all City Council members for your past and present consideration,
and with kindest regards, I am
Sincerely,
D H Robinson, O.D.
VOTE. Unanimous
The motion carried
REQUESTS FOR FUNDS -
CHAMBER OF COMMERCE
City Manager, Ray Lee briefed the
Council and public on this request The City of Apache Junction has a budgeted
._w=.�.�_• ,� ,- amount for advertising. The City has also appointed the Chamber of Commerce
as the advertising arm for the City Council Funds may be earmarked for
this, for whatever amount the City Council feels is appropriate for Civic
Advertising
Councilman Damiano MOVED THAT BE IT
RESOLVED THAT FUNDS IN THE AMOUNT OF $500 00 BE PROVIDED TO THE CHAMBER OF
COMMERCE FROM CIVIC ADVERTISING ACCOUNT NO. 001-100-512-01-22 TO HELP DEFRAY
EXPENSES IN PROVIDING A STATE FAIR BOOTH
Councilman Eidson seconded the motion
Councilman Damiano stated that he felt
it proper for the Chamber of Commerce to represent the City of Apache Junction
at the State Fair.
REGULAR MEETING OF THE CITY COUNCIL
PAGE SIX
SEPTEMBER 2, 1981
Amok Aft.
The motion carried
EXECUTIVE SESSION
SEPTEMBER 16, 1981
Councilman Eidson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THE AN EXECUTIVE SESSION BE HELD AT 6 00 P M , SEPTEMBER 16, 1981, AT CITY
HALL FOR THE PURPOSE OF DISCUSSING LEGAL AND PERSONNEL MATTERS
Vice Mayor Hill seconded the motion
VOTE Unanimous
The motion carried.
INFORMATION AND REPORTS
(COUNCIL LIAISON REPORTS)
Councilman Steelsmith gave a brief report on the Planning and Zoning
Commission, and a report on the last meeting
Mayor Clarke stated that he did attend the Library Board meeting, but
for only a few minutes as he had another meeting to attend.
Mayor Clarke announced the resignation from the Planning and Zoning
Commission by Pat Smith Councilman Hudson read her resignation letter
Dear Sir
This is to notfy you on my resignation from the Planning and Zoning
Commission. The reason is that my work has taken me out of the area
for extended periods of time and I can see no alternative as being
very few May I suggest as a possible replacement Mr Halbert Sayer,
1503 South Delaware Street , 982-1502
Thank you,
Pat Smith
Councilman Steelsmith MOVED THAT BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT THE RESIGNATION OF PAT SMITH FROM THE PLANNING AND ZONING
COMMISSION BE ACCEPTED WITH REGRET.
Vice Mayor Hill seconded the motion
VOTE Unanimous
The motion carried
Councilman Steelsmith MOVED THAT BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT MARK MCPHERSON BE APPOINTED TO THE PLANNING AND ZONING COMMISSION
FOR THE EXPIRED TERM OF PAT SMITH DUE TO HER RESIGNATION, THE TERM OF OFFICE TO
EXPIRE JUNE 30, 1983
Vice Mayor Hill seconded the motion.
VOTE: In Favor Councilman Shanks, Councilman Steelsmith, Councilman Damiano,
Councilman Eidson, Vice Mayor Hill , Mayor Clarke
Opposed Councilman Hudson
The motion carried.
Mayor Clarke asked Mr. McPherson if he
had any comments to make
REGULAR MEETING OF THE CITY COUNCIL
PAGE SEVEN
SEPTEMBER 2, 1981
AANN
Mr McPherson stated that he has lived
in Apache Junction approximately 31 years, and has been atending the Council
and Planning and Zoning Commission meetings and he will do his best for the
Planning and Zoning Commission
Ms Priscilla Gardner thanked the City
Council for the Certificate of Appreciation. Ms Gardner added her comments
regarding Board and Commission members living outside City limits. She
expressed her disapproval that they could not be members of Boards and
Commissions, as some people a few miles outside the limits have a great
interest in the City of Apache Junction also and would like to participate
in City activities such as Board and Commissions, but are not allowed to do so
Mayor Clarke requested that the City
Clerk notify the members of the Airport Commission and Industrial Development
Authority of a joint meeting on Tuesday, September 15, 1981, at 7 00 p m
Councilman Hudson expressed his
appreciation of input by citizens, and Mr Burgess for his remarks on Ordinance
12, employees living within City limits. He stated his opinion that this
Ordinance should be enforced
Councilman Hudson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE CITY MANAGER ENFORCE THE ORDINANCE 12 ESPECIALLY THE SECTION DEALING
WITH CITY EMPLOYEES LIVING WITHIN THE CITY LIMITS.
Vice Mayor Hill seconded the motion
Councilman Eidson requested of the
City Attorney, Arnold Hirsch, whether or not the Council could legally require
City personnel to live within the City
City Attorney, Arnold Hirsch, replied
(` that the matter is presently under study, and will be presented to the Council
when it is prepared
Mayor Clarke stated that he was informed
by the City Attorney that the employee residential problem is a nation-wide
issue, and is in courts in a number of states. Mayor Clarke recommended that the
Council postpone the issue until it is settled as to whether or not this is the
Counci's legal right to enforce
Councilman Hudson read a portion of
Ordinance No. 12, concerning the above issue, Article 3, Section 3-1-3
Residence in the City at the time of appointment of a Manager shall not be
required as a condition of the appointment, but within 120 days after reporting
for work the Manager must become a resident of the City.
He stated that he is not specifically pointing out the City Manager but also
other City employees
Councilman Steelsmith requested tabling
the motion until the matter can be further discussed with the City Attorney.
VOTE In Favor Councilman Hudson, Vice Mayor Hill , Mayor Clarke
Opposed Councilman Steelsmith, Councilman Eidson, Councilman
Shanks, Councilman Damiano
The motion failed.
ADJOURNMENT
There being no further business to discuss, Mayor Clarke adjourned the
meeting at 8:27 p.m
REGULAR MEETING OF THE CITY COUNCIL
PAGE EIGHT
SEPTEMBER 2, 1981
OPIN
APPROVED THIS DAY OF , 1981, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
WENDELL J. CLARKE
Mayor
ATTEST.
MARLIS J. DAVIS, CMC
City Clerk
L
REGULAR MEETING OF THE CITY COUNCIL
PAGE NINE
SEPTEMBER 2, 1981
..riO,Mfc`.h.1$u.'+'a •.Y-'._t.a.jn i
ROLL CALL VOTE SHEET
NOTES
ITEM # Y MEETING OF ///6
MOTION BY: 7 SECONDED BY:
YES NO ABSTAINED
COUNCILMAN SHANKS
COUNCILMAN SIhLSf1ITH
--- COUNCILMAN DAMIANO v/
COUNCILJ'WI EIDSON /
COUNCILMAN HUDSON
VICE i'1AYOR HILL
MAYOR CLARKE v
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
a
:: ..,.. _ ..•x- - .-�..... u-, -_z,!'.:.Y� a.do-.. dWWrzsi"l.,ay.rva
rr.
ITEM NO . 2
BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1981, BE
AND HEREBY ARE, ACCEPTED AS PRESENTED.
CITY COUNCIL MINUTES
SPECIAL MEETING
SEPTEMBER 4, 1981
The special meeting of the City Council of the City of Apache
Junction, Arizona, was held on September 4, 1981, at the Apache
Junction Council Chambers pursuant to the notice required by law
CALL TO ORDER
Mayor Clarke called the meeting to order at 7.00 p.m.
ROLL CALL
Councilmen Present Councilman Steelsmith, Councilman
Shanks, Councilman Damiano,
Councilman Eidson, Councilman
Hudson, Vice Mayor Hill, Mayor Clarke
Staff Present Director of Administrative Services/
City Clerk, Marlis J Davis
Director of Public Safety,
Bill McDaniel
Director of Planning, Joe Gero
Director of Public Works,
Rich Broman
PERSONNEL MATTER
Councilman Eidson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT MR G. RAY LEE, CITY MANAGER BE HEREBY TERMINATED, EFFECTIVE
OCTOBER 5, 1981.
BE IT FURTHER RESOLVED THAT HE BE SUSPENDED FOR T';I"TY CAYS PRIOR TO OCTOBER
5, 1981. ALL IN ACCORDANCE WITH THE PROVISIO"S Or CHAPTER THREE IN THE CODE
OF THE CITY OF APACHE JUNCTION
Vice Mayor Hill seconded the motion
Councilman Damiano stated; "Whoever
heard of a City Manager that anyone ever fell in love with? When Mr Ray
Lee arrived in Apache Junction, the community image was that of mobile
a good parks and entertained by kazoo bands, which was g o d enough g to get
us on national TV Mr Lee has elevated our City to a much higher level
by establishing almost everything that you see about you tonight He is
personally responsible for securing this land, these buildings in the
current form and the placement of almost every single thing you see, the
trees, the grass, the flora, the pictures, the dias, the seats in which
you sit, and the City services which you receive While Mr. Lee was engaged
in all these extravagant events, he managed to earn thousands of dollars
on idle funds At the same time managed to provide our City with a
balanced budget for the next five years. Also to include, there has never
been any deficit spending in our City. If I were looking for an easy job,
me personally, I'd apply for this position as my predecessor has done
most of the work. To my fellow Councilmembers, I would like to say that
Mr Lee may have offended some of your constituants, or your friends, but
in doing so he increased the firmness of the foundation on which you now
stand Since I feel that I am a part of the foundation that Mr Lee has
built, my vote is of no revelance but my super-conscience goes with him
My God, we ought to wake up some day We do represent all the citizens of
this City, as their public servant, not a select few or special interests.
Thank you Mr. Mayor "
VOTE In Favor Councilman Hudson, Councilman Eidson, Councilman Steelsmith,
Vice Mayor Hill , Mayor Clarke
Opposed: Councilman Damiano, Councilman Shanks
The motion carried
ADJOURNMENT
There being no further business to discuss, Mayor Clarke adjourned the
meeting at 7:13 p.m
APPROVED THIS DAY OF , 1981, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA
• WENDELL J. CLARKE
Mayor
ATTEST•
MARLIS J. DAVIS, CMC
City Clerk
it
SPECIAL MEETING OF THE CITY COUNCIL
PAGE TWO
SEPTEMBER 4, 1981
ROLL CALL VOTE SHEET
NOTES
ITEf1 # MEETING OF / /6 '0
MOT I ON BY: }Y.S SECONDED BY: Gz
YES NO ABSTAINED
COUNCILT'AN STEELSMITH
COUNCILf1AN DAMII\NO ►�
COUNCILMAN 1AN EIDSON ✓7
COUNCILMAN HUDSON V/
COUNCILMAN SHANKS /
VICE MAYOR HILL ✓
MYOR CLARLI -/
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO . 3
BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 4, 1981, BE
AND HEREBY ARE, ACCEPTED AS PRESENTED.
///;
PUBLIC HEARING
1 , THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO , 109,
PZ-15-81 . THE APPLICANT IS ARMSBY
2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL
AND PUBLIC ON THIS PETITION ,
3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT,
WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING
THIS PETITION AT THIS TIME ,
4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN
FAVOR OF THE PETITION? (RECONGNIZE ONE AT A TIME)
5, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN
OPPOSITION OF THE PETITION? (RECONGNIZE ONE AT A TIME)
6 , ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN 'S
JUDGEMENT)
A . APPLICANT
B . IN FAVOR
C . OPPOSED
Aft. Amii,
Nv p,CHE jG
._. if
Cam►►
gRiZUNP (Oily o &4puche 2unctian
.. September 9, 1981
MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL
THROUGH. BILL McDANIEL, ACTING CITY MANAGERIs!),1 ,
FROM: y1( ',` .) JOE GERO, DIRECTOR OF PLANNING
SUBJECT. REQUEST FOR AGENDA ITEM
SEPTEMBER 16, 1981 PUBLIC HEARING AND FIRST READING
OCTOBER 7, 1981 SECOND READING AND CONSIDERATION
PROPOSED ORDINANCE NO, 109 (PZ-15-81 )
Background:
The applicant, Ruth Armsby, has applied to rezone her property per the
attached map from General Rural (GR) to Single Residence (CR-2) . The
original application sought rezoning to CR-1 , but it was determined that
the property owner would not have enough area for two lots. Therefore,
the applicant requested the application be amended.
The petition requirements are met as follows:
Total property owners: 12
Exempt properties: 9
Required signatures: 2 of 3 for 66%
Required area: 66%
This case was advertised on August 23, 1981 .
The total site area after right-of-way equals 0.80 acres.
Development Coordinating Committee Comments: �4�
Apprc•:or for Afjcnd .
City Engineer See attached, Date I}en
fi
Director of Public Works No objection r;r;;-R.-Id n,, 9/47c1 .
Zoning Administrator No objection
Director of Public Safety No objection S``` nn.1 isc c "o - -- .......
Fire Chief No objection (------Fu,',- I;r.-l-;;,g
Old Business
... New Business
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
REQUEST FOR AGENDA ITEM
September 9, 1981
Page Two
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their regular meeting, September 8,
1981 , after public hearing unanimously voted (9-0) to recommend to the
.•. City Council the approval of the requested rezoning for the following
reasons:
1 . The proposed residential uses are the best use of the land
considering surrounding zoning and development.
2. Considering the size limitation and uses of CR-2, the pro-
posed rezoning is compatible with adjacent CR-1 zoning.
3. The split of land into two lots can be accomplished without
violating any requirements of the CR-2 zoning district.
Recommended motion:
Please see attached.
Attached are relevant materials.
PLEASE REMEMBER TO MAKE A STATEMENT OF REASONS WITH THE MOTION.
JWG:rin
Attch.
RECOMMENDED MOTION
ORDINANCE NO 109
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT IN ZONING CASE PZ-15-81 , APPLICATION OF ARMSBY
ALSO KNOWN AS ORDINANCE NO. 109 ,
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDI-
NANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION
IN REZONING CASE PZ-15-81 FROM GENERAL RURAL (GR) TO SINGLE RESIDENCE (CR-2)
REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PRO-
VIDING PENALTIES.
BE AND HEREBY IS APPROVED AND ADOPTED
BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE
OPTIONAL CHOICES
a Those reasons as set forth by the Planning and Zoning
Commission which are hereby adopted by reference
b. (Council may wish to use only some of the Commission
reasons. If this is the case, you will have to read those
specific reasons )
c. (Council may wish to use all new reasons or other
reasons in addition to the above. If this is the case,
you will have to read them and you are requested to
write them out for the City Clerk )
•
ORDINANCE NO 109
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING
ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSI-
FICATION IN REZONING CASE PZ-15-81 FROM GENERAL RURAL (GR) TO SINGLE
RESIDENCE (CR-2) REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVER-
ABILITY; AND PROVIDING PENALTIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT
SECTION I IN GENERAL
The Zoning District classification on the Apache Junction, Arizona, Zoning
Map for the parcel of land described as
the West ' of the Northeast 4 of the Northeast ' of the Northeast '
of the Northwest 4 of Section 22, Township 1 North, Range 8 East,
Gila and Salt River Base and Meridian located in Apache Junction,
Pinal County, Arizona, and being approximately 1.25 acres
be and hereby is amended by changing the Zoning District classification
from General Rural (GR) to Single Residence (CR-2).
SECTION II REPEAL OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance or any part of the Code adopted herein by reference, are
hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, sub-section, sentence, phrase, clause, or portion of this
Ordinance or any part of the Code adopted herein by reference is, for any
reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions thereof
SECTION IV PENALTY CLAUSE
Any person found guilty of violating any provisions of this Ordinance shall
be punished by a fine not to exceed $1,000 or imprisonment for a period of
six (6) months, or by both such fine and imprisonment. Each day that a
violation continues shall be a separate offense punishable as hereinabove
described.
PASSED AND ADOPTED by the Mayor and City Council of the City of Apache
Junction, Arizona, this day of , 1981
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
i t Attorney v
p
PZ-I5-81 ARMSBY
(PROPOSED ORDINANCE NO. 109)
fr 1
REQUESTED REZONING FROM
GR TO CR-2.
CR- I CR- I
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V V
ATERDEPARTMENTAL MEMORANDUM
DATE: August 20, 1981
TO: Planning Director THRU: Director of Public Work
FROM: City Engineer R C-113
SUBJECT: Rezoning Case PZ-15-81
Anik
My comments on the proposed rezoning are as follows:
1. Gross acreage of 1.25 acres is reduced to a net of 0 80
acres by deducting right-of-way easements.
2. Please note that an additional seventeen feet of right-
of-way is required under the street classification plan
to be added to Superstition Boulevard.
3. It is suggested that the applicant may wish to request
abandonment of Conestoga Road. This office will supply
any additional information required. No guarantee of
approval of any abandonment is expressed or implied.
4. The parcel is not located within any Flood Hazard Zone
on the Federal Emergency Management Agency map.
5. No objection to the rezoning; however, it should be pointed
out that Superstition Boulevard will experience increasing
traffic volumes in the future. Residential zoning along a
section-line arterial may not be appropriate in the long
run.
A
C
July 23, 1981
Re: PZ-15-81 (Armsby)
Having been informed of the City Zoning Administrator's interpretation
of the City Zoning Ordinance that lot size is to be calculated as the
"net" lot area (i .e. , excluding easements) , I am requesting that my
original application be amended to an application for rezoning to the
CR-2 zoning classification.
Ruth Armsby
Amok
xc: Leo Frazier
Planning File
O
C APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE OR
CHANGE OF ZONING DISTRICT BOUNDARIES
FOR APACHE JUNCTION, ARIZONA
Cash Receipt No f 0 Amount g,c4 Date 1/((,Case Number .4-, 1:
TO APACHE JUNCTION CITY COUNCIL
I hereby request a change of zoning classification, an amendment to the zoning
regulations, or approval of a Special Permit as Follows (list the present zon-
ing classification & then the proposed classification, using separate parcel
numbers if more than one change of zoning is proposed)
;
Parcel 1 Fran �'r,U c i,a.� /'S e..4 e R / To l_. 12 —
Parcel 2
Parcel 3
Parcel 4 -
Parcel 5
The legal description of the property proposed to be rezoned by this application
is as follows (if more space is needed, attach separate sheet)
C l.u % AIE-% E '' AF //y /VLU % c_ ca - //V
The size (to nearest tenth of an acre) & general location of the subject property
is as follows (give direction & distance ram.nearest mapped street))
ACK'E — - 3 57 A. —Jc.cher`•Y'T/o,t) Elu0/
(Please answer the following questions in the space provided or submit a separate
signed statement if additional space is needed )
/11IN 1 Why is the property in question not reasonably suited f r uses pe 'tted under
. present zoning districting?. )/t- c v• e2
u—j .e2 42:4L,
2 A±e there any known changes in land use, street arrangement, or other physical
conditions that have altered the character of your property, or adjoining
property, since the present zoning was adopted? Please explain "Yes" answer
rrt.nwews-.+ri.+:.,.._..', •.c:uNtth ir+s".'t:. C�y_, �/�
ham' `7 Y2✓f- %�-rL6=-c-c._-G-t'EC�-s�
3 If your requested change is to provide additional commercial or industrial zon-
ing, is there a demonstrable need for this zoning in order to serve the camninity
or neighborhood, as the case may be?
Explain
///9
4 Other reasons for the subject request ��� ,l4t,e„ a � � �
e
Page 1 of 2 pages
4
ON
Describe existing & proposed future use of subject property, buildings and (-
structures.
‘....-.242-t...e._... .c.A..).--,4--4.-,--e--A7 -ece . ye._..6_14 lc, ./) G 4_,,,,,
....02 Z/7/5.1 et."-.-•,1;.'. r le' /*..old''71,41(....7 1. ,j41Zye.'Z•••••• IhP-./1*"..7.71,C.1
l , „Ay_zr 4.4,_ '�, c N2, . / J.� 1 . , ,[�v1..4-
, iG�u-�.err(.,.
0 /� fa
!, S or`t(l ton -stat e8ts or p`sir to s ap�p`Iicatiari ,141
Y uPP ub
submi' same in erson to. Apache Junction Zoning Administrator's Office, Apache
Junction, Arizona Note. The land owner(s) must sign belay or else the appli-
cant must submit a letter signed by the owner authorizing hum to apply for this
v of zoning) �, 0, Bog /�'-1-3
ame of applicant or repres ative) (Addres ) (Phone 9",,/-/7.„7 c6...
try 9,522.2.-/9S/r..4.4
(Name of applicant or representative) (Address) (Phone)
COr.7-)...,..,7- „ &-: ,
/ 2-462 _.,� ..- .&' Arm t
& Addr of per�biY to wham petition & notices'shod be maile, j45
Signature of applicant_....?---.1-7 6)--r 9z��,(Date)"
*Note Plans are required when application is filed for following Special Use
Permits under Section 2302; Area &Neighborhood Plans, Article 32, Indus-
trial CI-2, Article 18, Trailer Courts, Article 20, Section 2001-c.
DO NOT FILL OUT FOLLOWING
(for office records only) eilliN
LEGAL PUBLICATION
Date filed Applicant Zoning Case
Census Division & Tract No Application received by
Remarks
._......_, ..... ,�..A.,:
Page 2 of 2 pages
ROLL CALL VOTE SHEET
NOTES
ITEM # MEETING OF
MOTION BY: SECONDED BY :
YES NO ABSTAINED
COUNCILMAN DAc1IANO
COUNCILMAN EIDSON
COUNCILMAN HUDSON
COUNCILMAN SHANKS
COUNCILMAN STEELSMITH
VICE MAYOR HILL
MAYOR CLARKE
UNANI"^,OUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Awl
/'\
ITEM NO . 4
CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO. 109
FOR THE FIRST READING .
r
...
.}�AX YH ✓G ......
ti
CC„ „,..,
F► jr 3§4 °V[.�%
0
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G
"IP/zONP `6ity o ' C4pache 09unction
September 10, 1981
MEMORANDUM TO: THE HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
THROUGH: CITY MANAGER
FROM: CITY CLERK
SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT - - -
APPOINTMENT OF PERMANENT PERSONNEL BOARD
At the regular meeting of the City Council on September 2, 1981,
the City Council tabled the appointments to the Personnel Board.
Since Ordinance No. 113, if passed will not go into effect for
30 days, it respectfully requested that this item
(1) remain tabled until the Ordinance is in effect or
(2) that the term of office start effective 30 days from
this date.
I have attached the talent bank applications that were received
since the last City Council meeting.
If you have questions, please call me.
::::::::
Agenda ��r :✓
c2Z,4-2,77---O Date - ) Item #'
MAR DAVIS, C MC /1/( / .__
C' y Clerk Second Illcd:ng -------------- ......:..._
�P•ibl:c Hearing
MJD/l vc V Old Business
Now Business
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982.8002
PQp,ChE ✓
(----
\\..........,
q,p/zpNA •
Vity 0 c94pacAeunction
TALENT BANK APPLICATION
FOR a Car r5 'OnNr;,e...\ - •Q D_,,, OMMI SS I ON/COMMITTEE
DATE:,_• e,,,,Ifzi,s LI , ipli
ME- .\ �1'�({�s i 6__ e ,a.,, r•+ * TELEPHONE: �°
(office)
ADDRESS: \� ZIP CODE• Ck. S '•.
t
OCCUPATIONC:i � ��
� .jl' 1 Q C.
(if retired, please indicate former occupatC \ _ ;c; ve
on or profession)
EDUCATION' l ie rz\'•. E`�k.:y, 1 - 1 4�,`i'S Qyr ,
U,. I , is:44
\ l '% 1S ^c .e:�f
PROFESSIONAL AND/OR COMUNITY ACTIVITIES: �,''1G1,�,.t 4 - )„hv e,0�d ,cs.�
•
<i r..ikkP
- `^!\''L Y. r IArv,. LA* 3 Yl -- �i' q_+L' V i 5 D<w Q 1Y 4.
t- 7 - •Srl;c.ier f .N*,-1r4L! • U'LLA5;c;ax.c ‘',)uft Co c
IN
/ft44 ADDITIONAL PERTINENT INFORMATION/REFERENCES'. (1,01,1L,,Otmin ,,... 00ANZq •
\\\- 0'9Ak.fia
�,��rl
slit — \•11,p?(►,41�n+ys� So�q t ,� � n.; r k��yv 5 Gtf+,1rti gill
(1 o' n Zc5ov� —
tY candidate to a Council Board, Commission or Committee, your name, address,
and phone number will be available to the press and the public. Ftori time to time,
requests are received from State and County legislators for recommendations of
citizens to serve on State and County Commissions. If the City Council recommends
your name be submitted, you will be contacted before this action is taken.
If appointed to a Board/Commis.,ion/Committee, I understand that I must reside within
the corporate limits of the City of Apache Junction and thlt I cannot be absent from
the city for over 30 days at one time unless . lithorized by the Mayoi and Council.
. , dirt.)
Revised 6/19/S 1 L;a it/.�re of App cant
1C31 NCRTH IDAHO ROAD • A?ACHE JJNCT'CN AR'ZCNA 65220 • TELEPHONE(602)982-8002
(I,FP,C H
E ✓,
Y i''
\\.........,
(Oily o &Apache 09unction
TALENT BANK APPLICATION
A.•.
FOR TE 2s o n n a L BOARD/COMMISSION/COMMITTEE
DATE: VSc/oTarn6g,2/$)
NAME: Al! 1 L r e.•F.t> --I-. e a 1(-16-2 TELEPHONE: (home)
..-
ZIP CODE: g S"1..1.._.
'p0Cg & INN 1c. 6L.i 4^s A„1/ r "t- R E J EX , `J`S l
OCCUPATION. �d , eAL S� itvYe s �� rt-Ossotz �,,,rz.6enaIDS--- o)D s.d,¢.S
('f retired, please indicate f rmer occupation or profession) /I
Cmito0-41•gaLM4cric/ha .. if7 wTFa IS
nb(iYJEG,AR•�/-1M�C41eKM oLP• ��"L fL�I khlVCQ,S/'1'y ytiAr14661M1EN1
EDUCATIC`l:se Neot ( t$ htitzs+ems }, s Ialts►d.e m J...aL
speclaL71' r-- Sch.dt- }SIC oo S4hooL aoig4NEK.n
CaoKCDur`� f4s�+ y1F 1 .VOL L'44 11, t4-4,11s, k"Mi4
'r Rs1 ! (f` v1.16 rYr41
ca�tS.7 : c�.aD Aal. 111.nlucosr31f , T
PROFESSIONA 1�IND/e CO:LuUNITY ACTIVIIIE 24- J/Ad ,7a 7 ,42J EX4 E2►g ►+Grc i b
5 Q S D\t►E j- 'Fur rt.0 1 s'Iti,in. `4- river '{d-6•E m vC A"I' o L •(-1 5 •
111hhin44 eV ›pr, ;hir �arr+ rn) SS1D 4 e 17 ({ 04 A-/� �i-N h Ag S14L7o] ram' Z 4 ,
ADDITIONAL PERTINENT INFORMATION/REFERENCES• DI, L� Ga 3 N6,e-s
(orcnooLS /Y1,l5. Oci cE �S,o/�n
o t oR4T-E arn l
aC, L. I it 1-De. C. t4er1IG4L C°D.
---/- d L. O ,'1 i A L Co, rf,6 r*+2 4 81r�
-�, d � 4 n O� -Yr).c/-f,!o sf h 1-1 8 C Sao �^Y)J c�� i4 n � �'►'I ,G
E. As a candidate to a Council Board, Commission or Committee, your name, address,
and phone number will be available to the press and the public From time to time,
requests are received from State and County legislators for recommendations of
citizens to serve on State and County Commissions. If the City Council recommends
your name be submitted, you will be contacted before this action is taken.
If appointed to a Board/Commission/Committee, I understand that I must reside within
the corporate limits of the City of Apache Junction and that I cannot be absent from
the city for over 30 days at one time unless authorized by the Mayor and Council.
Revised 6/19/SI Sip,nztur- of Applicant
1001 NORTH IDAHO ROAD • APACHE JUNCTION A2IZCNA 85220 • TELEPHONE (602) 982-80C2
ROLL CALL VOTE SHEET
NOTES
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMAN EIDSON
COUNCILMAN HUDSON
COUNCILMAN SHANKS
COUNCI Li'IAN STEELSMITH
COUNCILMAN DAMIANO
VICE N\YOR HILL '
11`YOR CLARKE_. . .
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE SHEET
NOTES
ITEM ft MEETING OF
MOTION BY : SECONDED BY:
YES NO ABSTAINED
COUNCILMAN HUDSON
COUNCILMAN SHANKS
COUNCILM4N STEELSMITH
COUNCILJ'1AN DAMIANO
COUNCILMAN EIDSON
VICE MAYOR HILL
MAYOR CLARKE
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
vs ACHE ✓
�4,
CI
t.y1...6�.,. F• 4
U ' '��Y.� 91.'�pA " Z
gRIZON u/igj a� 73Uc/Le 2121etian
TALENT BANK APPLICATION
FOR r o c Y1C� 1. BOARD/COMMISSION/COMMITTEE
DATE: & , ' l0 j9 f
NA:E: _ \S) TELEPHONE• / (ho-'a)
cc (office)
ADDRESS: & ��� ZIP CODE• 2•0
OCCUPATION* AC CSC �i i C� F 1' SboW nOt) 11CC
(if retired, please indicate former occupation or profession)
EDUCATIO`+ 11,� clnn� - Cie (
- U 1,(Doone0. 5 trtyv Corps, ' k.F. (U .
PROFESSIONAL AND/OR COMMUNITY ACTIVITIES• CCgCsc n t K C it 1 ) 'WO E` 19 a)
O
c- but - 1(�5k bCY.p. 0 A We►Yl �}Ey C•,� eCS ,Uym
-\ rSC)01A3 S xs50a
ADDITIONAL PERTINENT INFORMATION/REFERENCES. *(1L)-{. ( kPd W i h
NOTE• As a candidate to a Council Board, Commission or Committee, your name, address,
and phone number will be available to the press and the public. From time to time,
requests are received from State and County legislators for recommendations of
citizens to serve on State and County Commissions. If the City Council recommends
your name be submitted, you will be contacted before this action is taken.
If appointed to a Board/Commission/Committee, I understand that I must reside within
the corporate limits of the City of Apache Junction and that I cannot be absent from
the city for over 30 days at one time unless authorized by the Ma)or and Council.
Ck61 rit (-XL.
Revised 6/19/31 Signature of Applicant
IC01 NORTH IDAHO ROAD • APACHE JUNCTION ARIZCNA 85220 • TELEPHONE(602)982-8002
/a
<< PQACNF G*;t4 41•*:4ItT 0
1.: ;� Z
g411Z00' Way o &472ache zznction
TALENT BANK APPLICATION
FOR BOARD/COMMISSION/COMMITTEE
DATE: /‘ -Q
NAME: .6 TELEPHONE:
" ? (office)
ADDRESS. CODE:
OCCUPATION. ___ 2LS -7"
(if retired, please
indicate former occupation or profession)
EDUCATION: //' .rAGCr�'C�
.n.. 1
PROFESSIONAL AND/OR COMMUNITY ACTIVITIES. £e4.(2 0.e, /
g /4 !, 4.-(71-t2
ADDITIONAL PERTINENT I .O.1100N REFEREN ES: / 24Ze. _,/11 ,
N TE: As a c5ndidate to a Council Board, Commission or Commitfe" a your name, address,
and phone number will be available to the press and the public. From time to time,
requests are received from State and County legislators for recommendations of
citizens to serve on State and County Commissions. If the City Council recommends
your name be submitted, you will be contacted before this action is taken.
If appointed to a Board/Commission/Committee, I understand that I must reside within
the corporate limits of the City of Apache Junction and that I cannot be absent from
the city for over 30 days at one time unless authorized by the Mayor and Council
��y �
Revised 6/19/81 Sigiatu Imo"re of Applicant
1001 NORTH IDAHO ROAD • APACHE JUNCTION ARIZONA 85220 • TELEPHONE (602)982-8002
PQACNF ✓
-N. ? rid. ;)? , �+
'ciP/ZOE Vity o �puche 9112-1ction
TALENT BANK APPLICATION
FOR i•�5G/1/2/ ----4 BOARD/COMMISSION/COMMITTEE
DATE: ,..5, 77 /5 /5 /
NA1E: W,f-6'�-/.� ,/,1 R ifvf-',/�S TELEPHONE: (home)
(office)
ADDRESS. ‘/( CODE. 8.I
OCCUPATION. /Z?,/lrc- /e//1-A
(if retired, please indicate former occupation or profession)
EDUCATION: A/ /�f7 5C_/loo/
p
•
PROFESSIONAL AND/OR COMMUNITY ACTIVITIES' ._./ ,0//c'&?off OS',et e Sfi lid s/
eS� /,?,,,y'S A-5.44
ADDITIONAL PERTINENT INFORMATION/REFERENCES: ,P/moo 5, 4v,44-S 4.?, 4p iC0A,f- ,
/I/ 4/o/,• J/,4/1 Siv/9i1's��/ C'/� 2)�/_// -})/-1/y1/
NOTE. As a candidate to a Council Board, Commission or Committee, your name, address,
and phone number will be available to the press and the public From time to time,
requests are received from State and County legislators for recommendations of
citizens to serve on State and County Commissions. If the City Council recommends
your name be submitted, you will be contacted before this action is taken.
If appointed to a Board/Commission/Committee, I understand that I must reside within
the corporate limits of the City of Apache Junction and that I cannot be absent from
the city for over 30 days at one time unless authorized by the Mayor and Council.
......
...t.4774,„, -:-.--.). 05.,...4-Lie.,..;,.._,
Revised 6/19/31 Signature2
f Applicant
1001 NORTH IDAHO ROAD • APACHE JJNCTION ARIZONA 85220 • TELEPHONE(602)982-8002
ITEM NO , 5
STEP 1
NO ACTION (NO MOTION IS NECESSARY TO HAVE THIS ITEM REMAIN TABLED. )
STEP 2
ACTION BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE ITEM PERTAINING TO THE APPOINTMENT OF THE PERSONNEL
BOARD BE AND HEREBY IS, REMOVED FROM THE TABLE,
3 BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE FOLLOWING PERSONS BE AND HEREBY ARE, APPOINTED TO THE
PERSONNEL BOARD: ,
TERMS TO EXPIRE OCTOBER 16, 1982; AND
, AND , TERMS TO
EXPIRE OCTOBER 16, 1983.
BE IT FURTHER RESOLVED THAT THE PREVIOUSLY APPOINTED INTERIM
PERSONNEL BOARD BE AND HEREBY IS, DISSOLVED ,
QACx HE✓G
U r� Z
'41PizONP `Oity o� &4pache 09ZLnction
September 2, 1981
MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THRU: CITY MANAGER
FROM: CITY CLERK
SUBJECT: AGENDA ITEM PLACEMENT
ORDINANCE NO. 111 , AMENDMENT TO ORDINANCE
NO. 84, HEALTH COMMISSION
When the Ordinances were forwarded to the League of Cities
and Towns for codification it was brought to my attention that
Ordinance No. 84 provides for 7 members, however terms were set
for only five members.
It is respectfully requested that the City Council adopt this
Ordinance correcting this oversight.
If you have any questions please contact me.
•
Am. 062,4
.--4():0-1..,"2---J
Mar . Davis MC
• y Clerk
MJD:iw
Approver for Agenda
Date Item #
First Reading 7//6- -L/ ..(s_'_......
Second Re:'dincj
P_bl,c t;c r:„g
Old Business
t New Business
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
ormiN
ORDINANCE NO. 111
AN ORDINANCE OF THE CITY OF APACHE JUNCTION AMENDING
ORDINANCE NO. 84, ESTABLISHING A HEALTH COMMISSION,
SECTION 2-10-2 MEMBERSHIP AND TERMS OF OFFICE, PRO-
VIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES AND
PROVIDING FOR SEVERABILITY.
/111N BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF APACHE JUNCTION THAT:
SECTION I IN GENERAL
Section 2-10-2 MEMBERSHIP AND TERMS OF OFFICE
Paragraph B be amended to read as follows
B. The appointments shall be for three (3) years each with
the terms of members so staggered that the term of office of no appoint-
ments of members shall be for two (2) members with terms beginning upon
their appointment and expiring one year from that date, three (3) members
with terms beginning upon their appointment and expiring two (2) years from
that date, two (2) members with terms beginning upon their appointment
and expiring three (3) years from that date of appointment Thereafter,
they shall all serve for a term of three (3) years or until their successors
are duly appointed and qualified Honorary members shall serve for a term
not to exceed one (1) year.
SECTION II REPEAL OF CONFLICTING ORDINANCES
All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance or any part of the Code adopted herein by
reference are hereby repealed.
iSECTION III SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance or any part of the code adopted herein by reference, is
for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and City Council this
day of , 1981
WENDELL J. CLARKE
i
Mayor
ATTEST
MARLIS J. DAVIS
City Clerk
AP RO ED AS TO FORM-
'
F fades
CITY ATTORNEY
ROLL CALL VOTE SHEET
NOTES
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMAN SHANKS
COUNCILMAN STEELSMITH
COUNCI L1AN DAM IMO
COUNCILMAN EIDSON
COUNCILMAN HUDSON
VICE ►MAYOR HILL
MAYOR CLARKE
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO . 6
CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 111,
FOR THE FIRST READING .
x� �'lle
to(.._ . .....kk
"";'`:'ii --r-- ..
44)/Z'0Os COity 4 C pache cOunction
September 2, 1981
MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THRU: CITY MANAGER .- - =
FROM: CITY CLERK
SUBJECT: AGENDA ITEM PLACEMENT - - -
ORDINANCE NO. 112, PROVIDING FOR CHANGES
IN PENALTY FOR VIOLATIONS OF THE CITY CODE.
Last year the legislation was changed allowing cities and
towns to impose higher fees and imprisonment penalties for
City Code violations.
Our most recent Odinances carrying penalties have been passed
with this higher fee and imprisonment. As these are sent to the
League of Arizona Cities and Towns for codifiation, penalty,
severability and conflicting ordinance paragraphs are left
off because Ordinance No. 7, in the front of the Code, carries
these paragraphs applicable to the entire document.
It is respectfully requested that the Council adopt this Ordinance
ook in order that our City Code may reflect the new fee and imprison-
ment penalty paragraphs.
4-1,..4‘..392244:'
Mar . Davis, CMC
C. y Clerk
MJD:iw
Approver for Agenda /---P ___w,
(Date/ Item7#
Firs'i:CCJtnr /7LCL .. ! ,
Seconu e.:ding
Pt.b!'c Hr.,aring
. Oid Business
.✓ New Business
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982 8002
Aft. Amok
ORDINANCE NO. 112
AN ORDINANCE OF THE CITY OF APACHE JUNCTION AMENDING
ORDINANCE NO. 7, SECTION 2, REGARDING PENALTIES FOR
VIOLATION OF THE CODE OF THE CITY OF APACHE JUNCTION,
REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR
SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA THAT.
SECTION I IN GENERAL
Section 2, of Ordinance number 7, be amended to read as follows
"Any person found guilty of violating any provision of this code shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished by
a fine of not to exceed one thousand dollars ($1,000) or by imprisonment
for a period not to exceed six (6) months, or both such fine and imprisonment.
Each day that a violation continues shall be separate offense punishable
as herein above described."
SECTION II REPEAL OF CONFLICTING ORDINANCES
All Ordinances and parts of Ordinances in conflict with the pro-
visions of this Ordinance or any part of the code adopted herein by reference,
are hereby repealed.
SECTION III SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or any part of the code adopted herein by reference, is
( for any reason held to be invalid or unconstitutional by the decision
Il of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and City Council of the City
of Apache Junction, Arizona, this day of , 1981
/OG\
WENDELL J. CLARKE
Mayor
ATTEST:
MARLIS J. DAVIS
City Clerk
APPROVED AS TO FORM
/ /44.41.44
CITY ATTORNEY
ROLL CALL VOTE SHEET
NOTES
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMAN STEELSMITH
COUNCILMAN DAf 1I/\NO
COUNCILMAN EIDSON
COUNCILMAN HUDSON
COUNCILMAN SHANKS
VICE t'AYOR HILL
rVOR CLARKE •
UNANIIOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
AM be, AO\
Alma.
- 3•-ropec,4,1Z.4,ttoVri,rniVA.,s4F*0" ."
/Oak
ITEM NO . 7
CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 112
FOR THE FIRST READING .
(:§PkC
F
V 4.44err„krnmAiti4 ;,�, c
' r y'z
4RiZ0N1'• `6ity o C4pache 09unction
September 9, 1981
MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS
OF THE CITY COUNCIL
THRU: CITY MANAGER
FROM: DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: CREATION OF PERSONNEL BOARD
It is respectfully requested that you consider passage of
this Ordinance to officially create a Personnel Board.
If you have any questions please contact me.
' 12—,_9,--e,--z--;
M . DAV
irector of Administrative Services
MJD/lvc
Approver for Agenda ).
Date Item #
First Reading `1L'4I /. T
Second Reading _ _ ...._
_ Pub!,c l-`carrng
______ Old Business
—VNew Business
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
ORDINANCE NO. 113
AN ORDINANCE OF THE CITY OF APACHE JUNCTION,
ARIZONA AMENDING CHAPTER 2 OF THE CITY CODE BY
ADDING ARTICLE 2-11 PERSONNEL BOARD, PROVIDING
FOR APPOINTMENT TO THE BOARD, ESTABLISHING POWERS
AND DUTIES OF THE BOARD, PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND PROVIDING FOR SEVER-
ABILITY
0 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION AS FOLLOWS:
SECTION I IN GENERAL
That Chapter 2 of the City Code be amended by adding the following:
ARTICLE 2-11 Personnel Board
SECTION 2-11-1 Creation
2-11-2 Membership and Terms of Office
2-11-3 Salaries and Personal Expenses
2-11-4 Officers
2-11-5 Meetings
2-11-6 Vacancies
2-11-7 Removal of Members
2-11-8 Duties
Section 2-11-1 Creation
ni.K�44WiJIi�ii}IK s7,l.i°✓�1'-i:M_^.Y"'+:u.iR.Y.wa+-�.
The Personnel Board of the City of Apache Junction is hereby
created
Section 2-11-2 Membership and Terms of Office
A. The Personnel Board shall consist of 5 members who shall be
appointed by the Mayor and approved by the City Council.
B. The initial appointments of members shall be as follows.
1 Two members with terms beginning upon their appointment
and expiring one year from date of appointment.
2. Three members with terms to expire two years from their
^ appointment. Thereafter Board members will serve for stag-
gered terms of Three (3) years or until successors are duly
appointment.
C. All members shall be residents of the City of Apache Junction.
Section 2-11-3 Salaries and Personnel Expenses
The members of the Personnel Board shall receive no salaries
or other remuneration for their services in such capacity, and shall
not be entitled to personal expenses incurred by them in the a dis-
charge of their official duties, except to the extent and purposes
and amount such expenses are first authorized and approved in advance
by the City Council.
Section 2-11-4 Officers
The Board shall elect a Chairman, Vice Chairman and Secretary
from their members to serve for a period of one (1) year The Vice
Chairman shall preside at meetings in the absence of the Chairman
Section 2-11-5 Meetings
The Board shall meet when business is to be transacted or at
least one time a year Special meetings may be called as required.
A quorum shall consist of three (3) members for the transaction of all
business
ink
ORDINANCE NO. 113
PAGE 2
Section 2-11-6 Vacancies
Vacancies shall be filled by the City Council in accordance
with Section 2-11-2 for the unexpired term of vacancy.
Section 2-11-7 Removal of Members
Members of the Board serve at the pleasure of the Council and
may be removed by the Mayor with the concurrence of the Council. A
Amok member shall not be absent from Personnel Board meetings for more than
three (3) consecutive times without a reasonable excuse. After the ab-
sence of three (3) consecutive meetings the remaining members of the
Personnel Board shall vote to retain or recommend to the City Council
that the absent member be relieved of his duties of the Board.
Section 2-11-8 Duties
The Board shall hear grievances and appeals from personnel
in accordance with the rules outlined in the Personnel Policies of the
City of Apache Junction. The Board through the Personnel Director may
recommend amendments to the personnel policies.
SECTION II REPEAL OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION III SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or any part of the Code adopted herein by reference,
is for any reason held to be invalid or unconstitutional by the decision
Il of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA THIS DAY OF , 1981.
WENDELL J. CLARKE
Mayor
ATTEST
MARLIS J. DAVIS
City Clerk
APPROVED AS TO FORM.
City lttorney /
ROLL CALL VOTE SHEET
NOTES
ITEM /I MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCI LT'AN D1f1IANO
COUNCILMAN EIDSON
COUNCILMAN HUDSON
COUNCIIIIAmI SHANKS
COUNCILMAN STEELSMITH
VICE MAYOR HILL
MAYOR CLARKE
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Adak
ITEM NO , 8
CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 113
FOR THE FIRST READING .
PQALHE✓G '� "`
O 'y0
U ,,;;j{'l if Z DEPARTMENT OF PUBLIC SAFETY
"41P/ZONP (Oily o 04pac e cOunctZOn
W E McDANIEL
September 10, 1981
MEMORANDUM TO: Honorable Mayor and Members of the City Council
FROM: W. E. McDaniel, Director of Public Safety i,l14,., .
REFERENCE: Intergovernmental Agreement for Mutual Aid
in Law Enforcement
Attached are copies of the Intergovernmental Agreement for Mutual Aid in
Law Enforcement which has been discussed at several meetings with chief
law enforcement officers throughout Pinal County.
On Tuesday, September 8, 1981, the Board of Supervisors of Pinal County
approved this agreement. We respectfully request that the City Council
pass a resolution approving this intergovernmental agreement.
Attachment
1001 NORTH IDAHO RD.•POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260
1 INTERGOVERNMENTAL AGREEMENT FOR
2 MUTUAL AID IN LAW ENFORCEMENT
3
4
5 WHEREAS, THE COUNTY OF PINAL, THE PINAL COUNTY SHERIFF'S
6 OFFICE, THE CITY OF COOLIDGE, THE CITY OF CASA GRANDE, THE CITY
7 OF APACHE JUNCTION, and THE TOWN OF FLORENCE desire to enter
8 into this mutual aid agreement with respect to law enforcement
9 as authorized by Arizona Revised Statutes 1978, as amended, ARS
10 §13-3872 and pursuant to the provisions of ARS Title 11, Chapter
11 7, Article 3; and Title 15, Chapter 7, Article 2; and
12 WHEREAS, in addition to all other law enforcement opera-
19 tions and obligations the parties hereto desire to include
14 within the applicability of this Agreement all present and future
15 joint metropolitan law enforcement operations of a particular
16 nature.
17 NOW, THEREFORE, the parties hereto in consideration of
18 the matters and things hereinafter set forth hereby agree as
19 follows.
20 SECTION 1. Definitions.
21 (a) "Party" means each of the governmental entities
22 named in the preamble hereinabove or such entities acting by
23 their respective law enforcement agencies if the context so
24 requires.
25 (b) "Requesting Party" means any party requesting law
26 enforcement assistance from any other Party.
27 (c) "Assisting Party" means any Party rendering law
28 enforcement assistance to a requesting Party.
29 (d) "Chief Law Enforcement Officer" means that person
30 who is a "department or agency head with peace officer juris-
31 diction, or his duly authorized representative having the
32 primary responsibility for law enforcement within the
1 jurisdiction or territory," as such phrase is used in A. R. S.
2 §13-3871, whether designated by appointment or election.
3 SECTION 2. Purpose
^ 4 The purpose of this Agreement is to obtain maximum effi-
5 ciency in cooperative law enforcement operations through mutual
6 aid and assistance within each Party's jurisdiction pursuant to
1 the prior conSdPt herein given by the Chief Leis Enforcc.,,ert
8 ' Officer and Governing Body of that Party
9 SECTION 3. Consent to Extension of
Peace Officer Authority
10
The respective Chief Law Enforcement Officers of each of
11
the Parties hereby severally consent that the authority as a
12
peace officer of the officers and employees of each and every
13
other Party hereto within the jurisdiction or territory of such
14
other Party hereby is extended into the jurisdiction or terri-
15
tory of such consenting Chief Law Enforcement Officer either
16
(a) when requested by such Chief Law Enforcement
17
Officer or
18
(b) upon perception by any such officer or
19
employee of a situation or circumstance
20
within the jurisdiction or territory of
21
the consenting Chief Law Enforcement
22
Officer which apparently requires
23
immediate law enforcement action which
24
such officer or employee is otherwise
-.«.o....•_. «;:_.,..._<... tea..» 25
authorized to take. The assisting
26
agency whose officer or employee is
27
performing such voluntary assistance
28
shall notify the agency within whose
29
territory or jurisdiction the voluntary
30
assistance is being rendered.
31
32 In all instances of assistance, whether requested or voluntary,
2.
1 the assisting Party shall render any such assistance as it can
2 give consistent with its own law enforcement needs at the time.
3 SECTION 4. Request Procedure
4 All requests for assistance made by any Parties shall be
OIN
5 made by the Chief Law Enforcement Officer of the requesting
6 Party. Each Assisting Party shall acknowledge and act upon each
71 c.licrl 1P_quest only by order of 1.tr Chef Law F'i orceme t Officer
81 SECTION 5 Control in Pssistance Operations.
9 A Requesting Party shall have and exercise joint control
10 in consultation with any Assisting Party to assign personnel to
11 places where they are needed; however, the commanding officer for
12 any Assisting Party shall be responsible for exercising exclusive
13 control over his forces in response to the jointly agreed to
14 general directions of the Requesting and Assisting Parties.
15 SECTION 6 Responsibility for Damages.
16 Each Party shall be responsible and liable for damages
17 caused by its personnel during the course of rendering mutual
18 law enforcement assistance, and otherwise as provided by law.
19 SECTION 7 Provision of Equipment.
20 In rendering mutual law enforcement assistance, each
21 Requesting Party and Assisting Party shall be responsible for
22 the provision and maintenance of its own equipment.
23 SECTION 8. Reports.
24 After occurrences wherein mutual law enforcement assist-
25 ance was required and given, all participating Parties shall make
26 an interchange of all reports arising out of such operation;
27 provided, however, that nothing in this Section shall purport to
28 waive, limit or remove the duties of confidentiality imposed or
29 allowed by law as to any such reports or the contents thereof.
30 SECTION 9. Priority of Assistance Upon
Request by Requesting Party.
31
32 When any participating Party requests assistance, they
3.
0
:ter i
1
11 shall call on any participating agency that the Requesting Party
21 feels would be most beneficial considering the nature of the
31 assistance.
41 SECTION 10 Manner of Financing
51 Each Party hereto shall within its lawful methods of
61 financing, establish and provide in its annual budget for payment
7 . of the cobs ane expense. of pe.formanca of its Obl2Ci1�aO,,s
I V
S„ undertaken pursuant to this Agreement.
9 SECTION 11. Duration.
10 This Agreement shall be binding upon the Parties and
11 their successors for an indefinite term. The effective date of
12 this Agreement shall be the date of its execution by all Parties.
13 Each year thereafter shall be defined as a "contract year."
14 Each "contract year" will commence upon the anniversary of the
15 effective date of this Agreement. This Agreement shall auto-
16 matically continue in full force and effect from one "contract
171 year" to the next However, any Party can terminate their
181 participation in this Agreement effective upon the giving of
19 written notice to each other Party.
20 SECTION 12. Termination; disposition
of Property Thereupon.
21
22 Upon termination of this Agreement all property not
23 owned by the termination Party which is in its custody or
241
possession shall be forthwith returned to the Party owning the
r,,.,y,,,,.• :," .,, .;„ :,,,..� :. 251 same or to whom possession should be given
1
26i SECTION 13. Miscellaneous.
27 � (a) Nothing in this Agreement shall be construed as
28 either limiting or extending the lawful 3urisdiction of any
29 Party hereto other than as expressly set forth herein.
30 (b) Appropriate officials of the Parties may promulgate
31 such written operational procedure in implementation of this
32 Agreement as to them appear desirable, provided that such are
4.
1 acceptable to such other Parties as they affect.
2
3 CONSENTS BY CHIEF LAW
ENFORCEMENT OFFICERS
�� 4
5
6
' Final County Sheriff Apache Junction Chief of Police
I
81
Coolidge Chief of Police Florence Town Marshal
9
10
Casa Grande Chief of Police
11
12 PARTIES TO THIS AGREEMENT
13
14 CITY OF COOLIDGE CITY OF APACHE JUNCTION
.+-c;r4.�r,.)ai�l.N';sY�hJf�iAyY'::.•,r.:..iLAwJ:+..
15
By 16 By
City Manager City Manager
17
78 Mayor Mayor
19 ATTEST. ATTEST.
20
/01N 21 Clerk Clerk
22
CITY OF CASA GRANDE TOWN OF FLORENCE
23
24 By
25 City Manager Mayor
. �..•, :�«.:--.- , ... a.K r.. ATTEST
26
27 Mayor
28 ATTEST- Clerk
29 / PINAL COUNTY BOARD OF
30 Clerk SUPERVISORS
31 By
Chairman
32
ATTEST-
Clerk
5.
OWN °IN
•
1 STATE OF ARIZONA )
ss
2 County of Pinal )
3
z 4 I, , a Notary Public do
5 hereby certify that the attached Intergovernmental Agreement
6 for Mutual Aid in Law Enforcement is a true and exact copy of
7 the original
8 IN WITNESS WHEREOF, I have hereunto set my hand and
9 seal done at , Arizona, this day of
10 1981.
11
12
Notary Public
13
_. �•+..a,+ ssss:+� ,:1-11,.- . -.. 14 My Commission Expires:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ROLL CALL VOTE SHEET
NOTES
ITEM # 1 MEETING OF ///(0.v /
oit
MOTION BY: 144I SECONDED BY : N
YES NO ABSTAINED
COUNCILr1AN EIDSON ✓,
COUNC I L1'1AN HUDSON
COUfNJCILMAN SHANKS ✓
COUNCIL°1AN STEELSMITH
COUNC I Lf 1AN DAMIANO '/
VICE.N'1YOR HILL
M YOfL CIARKE_
UNANI!..OUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO , 9
BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE INTERGOVERNMENTAL AGREEMENT WITH THE PINAL COUNTY SHERIFFS
DEPARTMENT FOR MUTUAL AID IN LAW ENFORCEMENT WITH THE CITY OF
CASA GRANDE; CITY OF APACHE JUNCTION AND THE TOWN OF FLORENCE
BE AND HEREBY IS APPROVED FOR AN INDEFINITE TERM EFFECTIVE
SEPTEMBER 16, 1981 .
ROLL CALL VOTE SHEET
NOTES
M
ITEM # MEETING OF 7-/ ,
MOTION BY: SECONDED BY: Al N
YES NO ABSTAINED
COUNCILMAN SHANKS
COUNCILMAN S I±LSLIITH
COUNCI L AN 1IANO �D�'
COUNCIUTAN EIDSON
COUNCIU1AN HUDSON
VICE MAYOR HILL
MAYOR CL RKE
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL \J\ .
ROLL CALL VOTE SHEET
NOTES
ITEM #�( MEETING OF
l
MOTION BY: S SECONDED BY ;
YES/ NO ABSTAINED
COUfdCILr'IAN HUDSON
COUNCILMAN AN SHANKS
COUNCILMAN SI E.LSMITH ✓
COUNCILMAN DAfMIANO
COUNCILMAN EIDSON ►/
VICE !1AYOR HILL ✓
MAYOR CLARKE V
UNANIMOUS , IN FAVOR OPPOSED ABSTAINED
TOTAL
Amok roll%
.... . .. , ..,._.. .,;,. ti �_ ';L .. 'AgL++ ...,.-b; yerR4M+w�Xd��.*t.r,F i - ...-. - •,
N RNA c d. �.
_,...;•+.. .M.Nvw+aw.+/s+,1?nv�s(t....Yie..N1c::.rrr« '!,7'Y`#.N'N+ k4",k-i0",41["~. •e'4 !a000.&- atiere g#24°C6;• ,-a,',,^_�tr..
- ,. . :, .. >.,:. ..,,i,.it:rr+r'wr;,a:'�•.ry+w�uavK4M++}�AteaA+kr"�'aaert fi.,daa+ ,w�aanaaa a..„aestizxtna.t.,r:.•...'`:.•w-c r.:-,,.::c u.+ , ...,..-. ....-:.-.
ti '
ITEM NO . 10
BE IT RESOLVED BY
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT AN EXECUTIVEo,SSSION BE HELD IN THE CITY HALL OF APACHE
JUNCTION, ARIZONA, ON OCTOBER 7, 1981, AT 6: 00 P. M. FOR THE
PURPOSE OF DISCUSSING PERSONNEL AND LEGAL MATTERS .
... SPQACM
1 i kh n
��w.
U r`
'9R/ZOO' `Oily o7Y (94pache 09unction
DATE: September 4, 1981
MEMORANDUM TO: The Honorable Mayor and City Council
THRU: The City Manager WM ,
FROM: The Director of Public Works
REGARDING: Petition For Street Improvements - Broadway Avenue
(From Tomahawk Road to Goldfield Road)
As requested by the City Manager, attached is an order of chronolog-
ical events pertaining to accommodating Mr. Glen Warners request to
create an improvement district on Broadway Avenue from Tomahawk Road
to Goldfield Raod.
Also attached is a copy of the cover letter and petition as sent to
Mr. Warner on July 21, 1981.
At this time, this department has not been contacted by Mr. Warner
regarding the status of the petition. Therefore, no further action
by the city is pending.
Should anyone have questions pertaining to the material provided,
please advise.
RWB/cc
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
4111.,
CHRONOLOGICAL EVENTS
5-15-81 Contacted Mr. Glen Warner at request of Mayor Seeman to dis-
cuss the process of creating a street improvement district.
(Requested he submit a letter to city) .
5-18-81 Began gathering additional improvement district data.
5-29-81 Request submitted by Mr. Warner.
6-02-81 Mr. Warner requested city to look at washes on Broadway Avenue
with him (co-ordinated by Operations Supervisor) .
6-16-81 City Engineer performed a street funding survey with other
cities.
6-22-81 Returned call to Mr. Warner regarding status of petition pre-
paration.
7-07-81 Met with consultants to discuss ID petition preparation.
7-09-81 Routing of improvement district data to City Attorney's office.
7-10-81 Memorandum to Mayor Clark followed by discussion with City
Manager pertaining to improvement districts.
7-14-81 Received petition packet from consultant (Dibble and Associates) .
7-21-81 Cover letter and petition sent to Mr. Warner.
7-22-81 Mr. Warner called to relate he would be going out of town
and did not know when he would be back.
(No further contact to date)
ACHE ✓G � ...
•'1f i
o .`Y"t 3 tiai-.
rek
'9R/Z0N41 ity (94pache 09unction
July 21, 1981
Mr. Glen Warner
280 E. Broadway Avenue
Apache Junction, AZ 85220
Dear Mr. Warner:
In response to your request, the City has had prepared a petition
for creating an improvement district for Broadway Avenue from
Tomahawk Road to Goldfield Road, as we had previously discussed.
Attached hereto are four copies of the petition forms contain-
ing a cover letter, estimated assessments, discription of pro-
perties, owners names and addresses, and an assessment diagram.
Upon your return of these petitions to the City with not less than
51% to 55% of the signatures favoring the improvement, the City will
then submit the petitions to the Council for their further action.
Along with this letter I am attaching information sheets that will
help you to discribe the project and procedures to the property
owners.
After you have perused these attachments, please call this office
for any clarification that is necessary before proceeding to obtain
the required signatures.
If we can be of any further assistance, please don't hesitate to
give us a call.
Sincerely,
Richard W. Broman
Director of Public Works
cc: City Council
City Manager
City Engineer
RWB/cc
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
CITY OF APACHE JUNCTION
STREET IMPROVEMENT DISTRICT PROCEDURES
BIDS 8. The request for construction bids is advertised publicly. Sealed con-
RECEIVED struction bids are received and publicly opened, at the office of
the City Clerk. The bids are checked and the contract is awarded by
the City Council to the lowest responsible bidder providing his bid
does not exceed the official Engineer's Estimate for construction.
Notice of the award is published.
9. Following the publication of the notice of the contract award, the
PROTEST property owners have a fifteen-day period during which they may file
PERIOD with the City Clerk notice of objections to or defects in the proceed-
ings. Defects are waived if such objections are not filed in accordance
with State Statues. If the City Council decides that an objection is
well taken, the proceedings are abandoned, otherwise the project will
proceed.
10. The contract must be executed within five days after the expiration of
CONSTRUCTION the period for filing such notice of defects and objections or within
CONTRACT five days after objections are rejected. Construction must begin with-
in ten days after the contract has been executed.
11 . Construction is completed and final acceptance is made by the City
Council, upon the recommendation of the City Engineer. Actual quan-
CONSTRUCTION tities of work and final costs are determined and audited.
12. The total cost is distributed among all parcels of property by the
Engineering Department in accordance with benefits derived and notice
MAIL FINAL of final assessments due are mailed to the property owners with the
ASSESSMENTS date of the public hearing on assessments and information regarding
methods of making payments
13. The property owners have approximately thirty days in which they
may choose to pay all or part of their assessment. At the expira-
PAYMENT tion of this thirty-day period, the balance due on all outstanding
assessments may be paid over a ten-year period at an interest on
the unpaid balance as currently established by the city.
July 1981
/ Sheet 3 of 3
CITY OF APACHE JUNCTION
PRELIMINARY
CONSTRUCTION COST ESTIMATE
PAVING IMPROVEMENT DISTRICT NO.
BROADWAY AVENUE
TOMAHAWK ROAD TO GOLDFIELD ROAD
July 14, 1981
ITEM UNIT
— NO. ITEM QUANTITY UNIT PRICE PRICE
1. Grading Under Pavement 19,500 S.Y. $ 2.50 $ 48,750
2. Asphalt Concrete* 16,500 S.Y. 3.25 53,625
3. Aggregate Base Course** 16,500 S.Y. 3.25 53,625
4. 78" Pipe Culvert 62 L.F. 90.00 5,580
5. 72" Pipe Culvert 60 L.F. 80.00 4,800
6. 66: Pipe Culvert 182 L.F. 70.00 12,740
7. 54" Pipe Culvert 60 L.F. 60.00 3,600
8. 42" Pipe Culvert 180 L.F. 50.00 9,000
9. Headwalls 9 Each 2,000.00 18,000
10. Traffic Control 1 Job 21,938.00 21 ,938
SUBTOTAL $ 231,658
25% Incidentals 57,914
...•. TOTAL $ 289,572
Pavement Section
* 2" A.C. = 0. 11 Ton x $28 = $3.08/S.Y. USE: $3. 25/S.Y.
** 9" A.B.C. = 0.46 Ton x $ 8 = $3.22/S.Y. USE: $3.25/S.Y.
- ESTIMATED BOND AMORTIZATIONS. -
Lot Size 2.5-acre 1 .25-acre
Assessments $9075 I $4538
- YEARLY ASSESSMENT FOR 10 YEARS -
Bond Rate 8% 10% 12% I 8% 10% 12%
$1352 $1477 $1606 I $676 $739 $803
July 1981
ociee L I of o
•
CITY OF APACHE JUNCTION
STREET IMPROVEMENT DISTRICT PROCEDURES
PETITIONS 1. Petitions are prepared by the Department of Public Works when paving
PREPARED improvements are requested by property owners.
rr
2. After petitions have been signed by property owners representing a
PETITIONS majority of the equivalent/total frontage contained within the limits
PRESENTED of the proposed district and have been presented to the Department of
Public Works, the City Council will be asked to authorize the prepara-
tion of plans and detailed cost estimates.
DESIGN 3. Field surveys, plans, specifications, Ordinance of Intention and
Official Engineer's Estimate are prepared.
4. The Ordinance of Intention based on the approved plans and the
ORDINANCE OF Official Engineer's Estimate is passed by the City Council.
INTENTION
S. All property owners within the district are notifi'ed by mail or by
personal contact of the proposed project and their estimated share of
OTIFICATION & the cost. Applications are furnished for driveway connections to the
DRIVE & WALK proposed construction. The property owners are also informed that a
APPLICATION fifteen-day period for filing of any written protest will be
provided after notices have been posted along the site of the proposed
Amok improvement.
6. The Ordinance of Intention is published in a weekly newspaper.
PUBLICATION Notices of the passage of the Ordinance are posted along the line of
& POSTING the improvement.
7. Once the district has been posted, the property owners have a fifteen
day period during which they may file a written protest with the City
PROTEST Clerk. The protest must be filed in accordance with State Statues.
PERIOD The City Engineer's Office, telephone 982-8002, will be glad to provide
detailed information. Unless formal protests are received from property
owners representing a majority of the total/equivalent frontage contained
within the limits of the district, the city will proceed with the
resolution ordering the work and the notice inviting bids. Should protest
be sufficient to stop the work the district will be accessed for admini-
strative and engineering costs incurred by the city.
July 1981
..utas�.V>?!.'...a•... ..vsa...,z....s. - .- _ _ _ _ _ _ .. _ _ -
REQUEST FOR PAVING IMPROVEMENT
PROJECT NO.
City of Apache Junction
Public Works Department
Telephone No.. 982-8002
TO THE CITY OF APACHE JUNTION
We, the undersigned, desire that the City of Apache Junction
' consider a paving improvement project consisting of.
Plant mix asphalt and installation of culverts on Broadway Avenue
from Tomahawk Road to Goldfield Road.
Curbs and sidewalks are not included Project to be completed I�
according to City of Apache Junction standards and ordinances.
The cost of the improvements are to be assessed to property according
to the benefits derived within the Improvement District area between
330 feet north and 330 feet south of Broadway Avenue from 330 feet west
of Tomahawk Road to 330 feet east of Goldfield Road
4nw.a'rn++^�f
We understand that if the project is approved, we will have an
opportunity to pay for it in cash at completion of construction, or in
equal annual installments over a ten-year period at the current applicable
interest rate per year on the unpaid balance.
TOTAL DISTRICT FRONTAGE 10,529.5'
TOTAL ESTIMATE. $289,572
(This estimate is based on recent
construction value and the project
- moving to construction without
&lefty, Ott . petit loin •should be
returned within sixty days)
NOTE• Signatures may be affixed in the appropriate block on the attached
sheets. Figures in frontage column indicate legal/equivalent
frontage in district.
i `
es
_
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"41RIZON1)• `pity o &4pache 02unction
September 9, 1981
..
MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THROUGH: BILL McDANIEL, ACTING CITY MANAGER 1—
FROM: i'LL;Y7JOE GERO, EXECUTIVE SECRETARY TO THE PLANNING AND
ZONING COMMISSION
SUBJECT: PLANNING AND ZONING COMMISSION "MINUTES"
Attached are the approved "Minutes" of the Planning and Zoning Commission
meeting of August 11 , 1981 .
Please have the original "Minutes" inserted into the "Minutes Book."
JWG:rin
Attch.
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
MINUTES
PLANNING AND ZONING COMMISSION
1001 NORTH IDAHO ROAD
APACHE JUNCTION, ARIZONA
AUGUST 11, 1981
7:00 P M
In Attendance Absent Guests
'male George Baljo, Chairman Pat Smith Mayor Clarke
Mildred Baker, Vice Chairman Ilene Taylor Councilman Hudson
Ron Kell (Vacation) Councilman Damiano
Roger Hall Richard Oltman Dale Burfiend, Board Member
John Hutchens (Vacation) Rich Broman, Staff
Harry Polomskey Dick Bryant, Staff
Hank Steelsmith, Liaison
Joe Gero, Executive Secretary
Becky Nendza, Recording Secretary
Chuck Newcomer, Staff
Synopsis
1 Approval of "Minutes" dated July 14, 1981
2 Pinal County Housing Authority Application
3. Street Name Amendments
4. Street Sign Report
5 Dr Downs - Airport Study
6. Committee Reports
7 Land Use Plan Program
8 Information and Reports
1 Chairman called the meeting to order at 7 05 p m and asked the
Recording Secretary to call the roll.
2 Ms Nendza called the roll, determining six (6) members present
as indicated above.
3. Chairman announced there were no public hearing cases for the
evening and the meeting would be a business meeting
He recognized Mayor Clarke and other guests comprising
the audience, as listed above.
He then proceeded by requesting a motion to accept the
"Minutes" dated July 14, 1981.
4. Kell/Hall M/S "BE IT RESOLVED by the Planning and Zoning Commis-
sion of the City of Apache Junction, Arizona, that the
"Minutes" dated July 14, 1981, be accepted, as written."
The motion passed 3-0-3, with Mr Baljo, Mr Hutchens,
and Mr Polomskey voting "present" since they did not
attend the July 14 meeting.
5 Chairman announced "Rules of Conduct" have been revised and
changes will be presented and discussed at the next
meeting. He presented changes in the agenda and wel-
comed Councilman Steelsmith as Liaison to the Planning
and Zoning Commission
The first item of business was the Pinal County Housing
Authority application Staff was called on to brief
the commission.
6 Mr Gero deferred to Councilman Hudson, who was present as a
member of the county housing authority.
Ask
Planning and Zoning Commission "Minutes"
August 11, 1981
Page Two
7 Councilman Hudson described the public housing program and gave some
examples of how the city could benefit by its function
locally However, a Housing Assistance Plan (HAP)
was found to be required, Apache Junction has no such
plan and, therefore, does not currently qualify for
this program. Pinal County Housing Authority has
applied for twenty-five houses to be built under this
program in the vicinity of Apache Junction. No more
than twelve houses would be built in a cluster• six
three-bedroom houses, nineteen one-bedroom houses
He explained that his purpose was to obtain a recom-
mendation from the city concerning its views of this
project. Questions were invited.
Various members of the commission requested affirmation
that such a project would benefit the city and how the city
would benefit Mr. Hudson answered and explained that
the commission is only being asked to provide a recom-
mendation for the city regarding its position in the
matter of Pinal County's application, in favor/opposed/
neutral
8 Dale Burfiend introduced himself and spoke in favor of the matter.
9 Chairman called for a recommendation
10. Hutchens/Baker M/S "BE IT RESOLVED by the Planning and Zoning Com-
mission of the City of Apache Junction, Arizona, that
recommendation be made in favor of the Pinal County
Housing Authority application, as written, in the
( Apache Junction area."
The motion passed 5-0-1, with Mr Hall abstaining
11 Chairman called for staff to brief the commission on the next
agenda item, "Street Name Amendments."
12 Mr Gero explained that it is the Zoning Administrator's re-
sponsibility to recommend to the Planning and Zoning
Commission street name changes, when needed. Certain
Adak alignments in the city are referred to by names which
are established through use, and the Zoning Administrator
recommends these names be adopted officially, also, in-
correct prefixes and suffixes are used on existing streets,
there are roadway alignments needing to be named that have
no recommended names
He suggested the commission take this issue under con-
, sideration and present recommendations for these street
names at the next meeting.
13. Chairman requested staff to prepare a list of suggested street
names. The item was tabled until the next regular
meeting of the commission.
He called upon the City Engineer to brief the commission
on the next agenda item, "Street Signs."
14 Mr Bryant presented a list of recommended alterations in the present
street sign system two new signs, fifteen changes, and
eleven deletions He responded to concern over the Royal
Palm Boulevard/Broadway Avenue intersection at Route 60
15 Mr Kell asked if any changes to the approved Street Naming Map
would result from this.
16 Mr Gero explained that the purpose is to promote compliance with
the street names the City Council has adopted, per the
map In addition, direction is sought in submitting to
the Arizona Department of Transportation (ADOT) the proposed
.4114,
Planning and Zoning Commission "Minutes"
August 11, 1981
Page Three
16 Mr Gero (Cont'd.) alterations involving their signs within the city.
17. Chairman called for a motion.
18 Kell/Hutchens M/S "BE IT RESOLVED by the Planning and Zoning
/1./\ Commission of the City of Apache Junction, Arizona,
that approval of the street sign changes, as presented
by the city engineer, be recommended "
The motion passed unanimously
19. Chairman asked that the commission be briefed on the next
agenda item, "Airport Study."
20. Dr. Downs introduced himself as an ex-officio member of the
Airport Commission, and he read a memorandum asking
several questions concerning the annexation of land
for the proposed airport.
21 Chairman following lengthy discussion and concerns regarding
the legal aspects of the Airport Commission request,
was advised by Mayor Clarke that the matter should
be submitted directly to the Council if legal opinion
was to be requested Being made aware of this, Dr
Downs withdrew the request. The chairman recessed
» ,µme_ �,,,,„:_K., �„ the meeting for five minutes
The meeting was reconvened and the subcommittee
chairman was requested to brief the commission on
their activities
22 Mr Kell summarized the activities of the Equine Committee.
1) has defined the issue and 2) has developed a
study process in order to establish a position to
recommend to the Council concerning the use of
horses in the city, Rules Committee has drafted
"Commission Rules" and the final draft is presented
to the commission for approval at the next regular
meeting.
The need for a housing committee was explored and
a subcommittee of four people was formed to prepare
a recommendation to Council Mr Baljo, Mrs. Baker,
Mrs Taylor, Mr. Hall
Manufactured Housing Committee was suggested to be
dissolved and reappointed at a more convenient time.
23 Chairman asked staff to brief the commission on the next
agenda item, "Land Use Plan "
24 Mr. Gero presented, as requested by the commission at the last
meeting, a strategy for preparing a Land Use Plan
recommendation It was suggested that the commission
decide if other agencies were to be involved and, if
so, which agencies, and a committee be formed with the
commission indicating who should be its members. The
strategy schedule was explained and the areas needing
to be studied were presented
25 Chairman invited questions and comments
26 Councilman Hudson stressed the importance of working within a schedule
and meeting prescribed deadlines when working with a
grant agency
bk
Planning and Zoning Commission "Minutes"
August 11, 1981
Page Four
27. Mr. Kell expressed concern about the short period of time
remaining to complete this project
28 Mr. Gero responded that this must take priority since it
is the basis for other like projects He suggested
meeting once each week, except for those weeks in
which the commission regularly meets.
29. Chairman assigned the entire Planning and Zoning Commission
as members of the Land Use Plan Committee with staff
members serving as assigned by the Executive Secre-
tary and City Manager.
30 Mr. Kell asked if a motion was in order to accept the schedule
as presented by Mr. Gero.
31 Chairman indicated that he would appoint a Land Use Plan
Committee and the committee would determine the
schedule The committee meetings would be held
on Tuesday evenings at 7.00 p.m
32 Mr Gero distributed miscellaneous materials of information
to the commission members and explained their con-
tents.
33. Chairman called for a motion to adjourn
34 Baker/Hutchens M/S "BE IT RESOLVED by the Planning and Zoning
Commission of the City of Apache Junction, Arizona,
that the meeting of August 11, 1981, be adjourned "
35 Chairman adjourned the meeting at 10 10 p m , there being no
objection
Respectfully submitted,
V
Joseph 4. Gero
Amok Executive Secretary
Approved-
!;c 'ts I'
George 'aljo
Chairman
.
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INTRODUCTION
This guide suggests essential steps and issues which help ensure that well-
informed decisions are made by those responsible for developing broadband
communications systems for a community The following discussion has two
functions first, it is a checklist in determining how a cable system should be
established in compliance with federal regulation, and second, it is a guide to
areas where assistance may be needed to assure a thoughtful process
Its objective is to set forth for public officials a general view of a process
by which issues may be considered, local legislation written, an operator
selected and the system constructed.
The principal recommendation is that local officials take the initiative to
decide the kind of cable system they want, rather than wait to decide be-
tween the alternatives others present.
This guide begins with a short discussion of federal guidelines and their
impact on this process. This is followed by a suggested procedure, examined
in each of the five phases of cable development. organization, study, legisla-
tion, applicant selection and supervision-enforcement. For each phase there
is a list of issues or questions which must be resolved prior to that stage of
cable development and the procedure for dealing with them
The following is an outline of a suggested procedure
A Suggested Procedure
I ORGANIZING PHASE
Ai^ A Develop Basic Understanding of Cable Issues
B Select Mechanism for Study
II STUDY PHASE
A. Establish Study Procedures
B Identify Issues for Study
III LEGISLATION PHASE
A. Identify Legal Restrictions on Local Regulation, Federal,State and Local Limitations
B Establish Procedure for Writing and Enacting Ordinance with Public Participation
C Draft Proposed Ordinance
D Enact an Ordinance
IV APPLICANT SELECTION PROCESS
A. Decide How to Select Franchisee
B Prepare Application Form
C Develop Public Proceeding that will Afford Due Process
D. After Franchisee has been Selected, Determine What Tasks Remain before System
Construction Begins
V SUPERVISION AND ENFORCEMENT PHASE
A Determine Responsibility for Supervision and Enforcement
B. Develop Process for Operation of the Supervisory Body
I ARBITRATE DAY TO DAY DISPUTES
2 REVIEW OVERALL SYSTEM OPERATION
3 GUARANTEE COMPLIANCE WITH RESPECT TO OWNERSHIP AND CONTROL
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Federal Regulation of Cable and Its Impact on the Local Process
Cable television, because it is a link in interstate communications, falls within the
regulatory power of the Federal Communications Commission. The commission has
set national policies and regulations which provide a framework for regulation
However, the most fundamental aspects of cable regulation, such as who will operate
a system and what the boundaries of a service area will be, are questions determined
by local governments. A local process must take into account the procedural require-
ments and standards set by the FCC for local regulation.
Specifically, the FCC order issuing the federal guidelines states that
before a cable system commences operation with a broadcast signal, it
must obtain a certificate of compliance from the Commission The appli-
cation for such a certificate must contain (Section 76 31 (a)(1) a copy of
the franchise and a detailed statement showing that the franchise author-
ity has considered in a public proceeding the system operator's legal,
character, financial, technical, and other qualifications, and the adequacy
and feasibility of construction arrangements We expect that franchising
authorities will publicly invite applications, that all applications will be
placed on public file, that notice of such filings will be given, that where
appropriate a public hearing will be held to afford all interested persons an
opportunity to testify on the qualifications of the applicants, and that the
franchising authority will issue a public report setting forth the basis for
its action Such public participation in the franchising process is necessary
to assure that the needs and desires of all segments of the community are
carefully considered.
A Suggested Procedure
ORGANIZING PHASE
A franchising authority has two organizing tasks to develop a basic understanding
of cable issues, and to select a mechanism to gather the information on which to
base cable decisions.
A. Develop Basic Understanding of Cable Issues
Public officials will need to learn the basic dimensions of cable, what it is and
how it works. They should understand the federal, state and local regulatory
framework and give thought to the political, social, educational, economic and
cultural implications for the community.
At this point in cable's development it is still possible to shape the technology
to serve the public. To have a responsible influence public officials will want to
understand cable communications and the issues that bear on the decisions they
will be required to make
B. Select Mechanism for Study
Consideration should be given to creating or identifying a mechanism to gather
information on which to base well-informed cable decisions. Among the concerns
involved are the study's intent and the talent needed to accomplish the study
1 STUDY INTENT
The local franchising authority has responsibility for two critical decisions
the kind of system to be built, and who will operate it. Mechanisms such as
7
committees vary from those delegated responsibility for both functions to
those limited to a very specialized area Information gathering options include a
full-scale feasability study, a survey of the options available to the municipality
or an in-depth study of selected issues The study's scope is determined by the
level of information considered necessary to make decisions, tempered by re-
source and time limitations
2 TALENT NEEDED
Before selecting a study format, the community should examine the kinds of
talent needed for the study and its availability. Technical skills essential to the
understanding and development of a cable system fall into three basic areas
legal, engineering and financial. In addition, public administrative and urban
analytical skills are essential in examining potential municipal use of a cable
system.
All sectors of the community may be considered as resources for talent•
government (elected officials and professional staff), school system (board
members, administrators, teachers), university community, business and legal
community, religious community, civic organizations
Any talent needs, including consultants, which cannot be met on a volunteer
basis should be detailed for budgetary requirements
3. TYPES OF COMMITTEE STRUCTURES
a. Local Governing Body Study Committee
Local legislators have four basic areas of responsibility in regulating cable
television general investigation of the issues, passage of ordinances, selection
of ownership, and supervision and enforcement of regulations applying to
the system.
: To fulfill these obligations, policy makers must obtain the necessary infor-
mation on which to base decisions in each area. The data can be gathered
and evaluated by a committee of the whole, a standing committee, or a
specifically appointed ad hoc committee. The governing body may want a
special study prepared by its professional staff or can consider commission-
ing a study.
b. Internal Municipal Studies
It is a common practice for governmental units to undertake self-con-
tained studies of current issues Some Jurisdictions have research services
which carry out studies on a regular basis, in others, the study may be done
by a committee representative of city departments or under the direction of
a single department—often the planning department or the office of the chief
executive.
The purpose is to provide city officials with sufficient information to
make decisions in the best interest of the municipality The study can also
serve to educate these officials and to collect information on possible munic-
ipal uses of the cable system
c Public Study Commission
Study commissions offer considerable flexibility because they can include
members of the public to augment the skills available within the local gov-
:; ernment Such a committee's membership includes elected officials and pro-
fessional city staff together with educators, members of the business and
legal communities, and representatives of community and civic groups
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The purpose of the commission's appointment can range from a full feasi-
bility study to a survey of the community's sense about the utilization of
cable television
d. Regional Commissions
Because cable television is a communications medium with the capacity to
interconnect with systems of adjacent governmental units, groups of neigh-
boring communities often decide to evaluate cable communications issues
from a regional perspective. The mechanism used for such an approach is
generally one of the following.
i An Existing Structure
Many communities belong to regional planning commissions or area
councils of government—convenient structures for comprehensive area
cable studies. Using an existing mechanism provides the immediate bene-
fits of a regional perspective to local issues, and perhaps additional re-
sources. Typically, this type of structure can be used only to study and
plan cable systems, because the mechanism rarely has the legal authority
to pass legislation or grant a franchise
ii A Structure Created Expressly for Cable Communications Study
Group. Recently, some governmental units have joined together for
the specific purpose of developing a regional plan for cable television.
This usually has been effected by each participating municipality
approving enabling legislation designating the city's representative(s)
on the committee, allocating funds and defining the commission's •
purpose
Study/Franchise Authority In other instances, the intergovern-
mental cooperative venture could be expanded to grant a franchise,
subject to the veto of each participating city However, many state
constitutional, statutory, and home-rule provisions preclude this type
of action
4. FUNDING
Budgets for cable committees vary greatly depending upon the scope of their
responsibility, the expertise of their personnel, and the time available. The
budget should, of course, be established by the committee in conjunction with
the authorizing authority.
Factors to be considered when determining costs include professional and
clerical support staff, outside consultancy, and public information materials.
The franchising authority need not be considered the sole source of funds
The federal government or local and national foundations may also be sources.
In the future, funds may be available through state planning or development
departments
The selection of a study structure in a community marks the completion of
the organizing stage. Using this process, the franchising authority will have
assessed its interest in terms of cable and created a procedure for obtaining the
information necessary for its decisions on the development of cable television.
II. STUDY PHASE
Because of the varied problems in municipalities and the different conceivable
possible approaches, it is impossible to establish a complete list of cable issues to be
studied. The committee should follow a procedure designed to maximize resources
ti and cover the broadest range of issues. The following study phase presents an ap-
proach to administrative problems and a list of substantive questions. These ques-
tions by no means exhaust the issues surrounding local involvement in cable develop-
ment, they serve only to indicate the scope of the issues.
A. Establish Study Procedures
A study will not proceed easily or automatically. Its intent will be realized only
if its scope and rationale are carefully determined, its budgetary and personnel
requirements precisely established, and timing or duration carefully fixed Before
embarking on any study the cable committee should define with its authorizing
body
* The reason for carrying out the study
* How the study will be utilized
* How the public will participate (public hearings)
* Budget and staff for the study
* Deadlines for the study
A useful procedure for coordinating a study to consider issues such as the ones
identified below in B might include the following steps.
* Breaking down issues into manageable areas
* Establishment of study groups (subcommittees)
* Determination of need and use of consultants
* Establishment of study timetables
* Public participation (workplan for public involvement, calendar and mecha-
nism for involvement of advocate groups and general public, community
education materials, publicity, circulation of final report)
B Identify Issues for Study
1. WHAT KINDS OF SERVICES SHOULD A CABLE SYSTEM
PROVIDE IN A COMMUNITY?
* What kinds of services does cable technology now permit?
* What are the technological developments that will affect the availability of
future services as a cable system develops?
* What services does the community desire?
* What is the likely cost of supplying public services?
* What possible sources of revenue (subscriber or non-subscriber) could sup-
port public services?
2 WHAT FEATURES OF SYSTEM DESIGN INFLUENCE CABLE COM-
MUNICATIONS SERVICES AND WHAT ARE THE RELATED COSTS?
* What channel capacity will the community need?
* What level of two-way capacity will the community require and when will
increased two-way capabilities be needed?
* How many program origination facilities will be required? Where should
they be located
* Should the community consider channels designated for special purposes?
* What costs do these issues of system design entail for the cable system and
for the community?
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3 HOW SHOULD THE SYSTEM BE DEVELOPED TO SERVE
IDENTIFIABLE COMMUNITIES AND GROUPS?
* What are the socio-economic trends in the community?
* Do the service requirements dictate specific areas of service?
* How will possible service plans influence existing communities and rede-
velopment plans?
* What differences exist between a system designed for general residential
subscribers and one designed to serve commercial and institutional users?
How are their needs compatible?
* What aspects of the system's design need to be considered with regard to
service areas and their use as a mechanism for centralization and decentral-
ization?
* Is the system required to be technologically compatible for interconnec-
tion with others?
* What problems does any particular area of the city present in terms of
construction and the time needed to extend service?
4. WHAT WILL BE THE FORM OF OWNERSHIP?
* Will there be one form or several, depending on the number of service
areas?
* Will these include municipal, commercial, subscriber-owned, community
nonprofit?
* What are the issues raised by encouraging local and minority participa-
tion?
* What impact would form of operation have on the economy and commu-
nity in terms of revenues, employment and financing construction?
5. IF THE SYSTEM IS NOT OWNED BY THE LOCAL GOVERNMENT,
WHAT PROCEDURES WILL BE NECESSARY FOR REGULATION?
* Who has been given responsibility for writing the ordinance?
* What kind of application form should be used?
* How will the applicants be selected?
* What enforcement and compliance procedures for rate review should exist
for complaints from both channel users and subscribers?
6. IF THE SYSTEM IS OWNED BY THE MUNICIPALITY, WHAT
REGULATORY PROCEDURES WILL BE NECESSARY?
* Will an ordinance be adopted to govern the municipality's own operation
of the system?
* Will a city department operate the system? If so, how will problems
related to government control of a communications system be resolved? If
not, how will the system be operated?
7 THE ISSUES RAISED IN THE ORDINANCE OUTLINE PRESENTED
IN THE LEGISLATIVE PHASE MUST BE EXAMINED
The completion of the study phase should give the local franchising author-
ity sufficient information on which to base its decision concerning cable televi-
sion Once a direction has been clearly established, it is important to develop
11
sound legislation which will protect the rights of the franchising authority not
only during the applicant selection process, but in the system's development
and use.
Ill. LEGISLATION PHASE
In terms of impact, this phase of the process is the most vital. In the legislative
process the franchising authority makes and formalizes its decisions about cable
television All provisions it considers necessary and important to its cable system
must be embodied in this ordinance Requirements omitted from the ordinance,
despite assurances to the contrary, con seldom be implemented
In the development of its legislation, the community might take the following
measures
A. Identify Legal Restrictions on Local Regulation, Federal and State
and Local Limitations
B. Establish Procedural Mechanism for Writing and Enacting the Ordinance
With Public Participation
C. Draft Proposed Ordinance
The contents of the ordinance are, of course, a matter for local decision, but it
might be organized as indicated
1. PURPOSE OF THE ORDINANCE AND NATURE OF THE GRANT—
THE JURISDICTIONAL BASIS FOR THE FRANCHISING
AUTHORITY'S POWER
2 SHORT TITLE
3 DEFINITIONS
4 PROVISIONS GOVERNING THE LENGTH, RENEWAL AND
TRANSFER OF CERTIFICATE OR FRANCHISE
a. Length of Franchise
b Renewal
c. Transfers, Assignments
5 FRANCHISE TERRITORY—EXTENSION OF SERVICE
6 SYSTEM DESIGN
a. Channel Capacity
b Channel Uses
c Access Programming Facilities
d. Specialized Services—Point to Point Service
e Two-Way Provisions and Subscriber Privacy
f Interconnection
g Underground and Aboveground Installation Requirements
7. TECHNICAL PERFORMANCE STANDARDS
8 LOCAL REGULATORY FRAMEWORK
a. Procedure for Day-to-Day Regulation
b. Functions to be Regulated
i Construction Timetables, Provision Of Service Upon
Consumer Demand
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u Legislation of Specialized Services
iii. Maintenance and Alteration After Construction 10
iv Rates
v Franchise Fees
vi Employment Requirements
vii. Consumer Complaints
viii Use of Streets, Pole Attachments
c Method for Resolving Disputes
d. Records and Reports, Notice of Documents Filed With
Other Agencies
e Sanctions, Penalties, Enforcement
f Indemnification, Insurance, Liability for Damages
g Foreclosure, Receivership
D Enact an Ordinance
At this point, the franchise authority formally makes its decisions about the
development of its cable television system and the purpose it will serve.
A strong, well written ordinance protects the franchising authority and assists
the applicants in preparing relevant applications It serves as the basis for the
applicant selection process.
IV APPLICANT SELECTION PHASE
The ordinance defines the relationship between the franchising authority and the
cable operator At the same time, the ordinance should prescribe the method for
choosing the franchisee The skilled use of a comprehensive application form in an
open public proceeding can help ensure the selection of an appropriate operator for
the system. This selection process can be bypassed only if the franchising authority
has decided to develop a cable system under municipal ownership.
In the development of the applicant selection process, local officials must address
a number of issues
A. Decide How to Select Franchisee
1 THE FRANCHISING AUTHORITY
The franchising authority may wish to retain control throughout the entire
application selection process and make the final decision on the franchise.
2. DESIGNATED AUTHORITY
The franchising authority may want to designate a citizens committee, city
council subcommittee, or some other body to make recommendations regard-
ing qualified applicants who should be considered to receive the franchise. Only
rarely may a mayor, city council, or board of commissioners delegate its legisla-
tive authority to such an appointed group
B. Prepare An Application Form
A detailed statement of the information which the franchise applicants will be
required to furnish should be developed and used by each applicant. The more
specific the requirements, the easier the selection unit's task of evaluating the 411)
application
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The application form must require information concerning the applicant's legal,
character, financial, technical, and other qualifications Additionally, the franchis-
ing authority must receive information relevant to the applicant's plans to provide
adequate and feasible construction arrangements The application form should
reflect these and all other qualifications required by the ordinance.
If the franchising authority has decided to place particular emphasis on some
areas of the application, it should make that decision known to all applicants and
require explicit information relevant to those areas of emphasis
C. Develop Public Proceeding that Will Afford Due Process
The FCC requires that a franchising authority consider a franchisee's qualifica-
tions to operate the system in a "full public proceeding" that will ensure that all
interests in the community are carefully considered To achieve fairness the com-
mission has stated that the selection process under ordinary circumstances should
include:
1. PUBLICLY INVITED APPLICATIONS
2 APPLICATIONS PLACED ON PUBLIC FILES
3 NOTICE GIVEN TO THE COMMUNITY OF FILINGS
4 AN OPPORTUNITY FOR ALL INTERESTED PERSONS TO TESTIFY
ON THE APPLICANT'S QUALIFICATIONS (In this respect the
commission has suggested that an appropriate means of offering this
opportunity would be a public hearing)
5. A PUBLIC REPORT BY THE FRANCHISING AUTHORITY SETTING
FORTH THE BASIS OF ITS ACTION
D. After Franchisee has been Selected, Determine What Tasks Remain
Before System Construction Begins
1. WAIVER
If any of the franchise requirements are inconsistent with the FCC's rules,
. the franchising authority should ensure that the applicant will seek a waiver
from the commission
2 CERTIFICATION
The franchising authority should make certain that all the necessary steps for
FCC certification are completed and the application for certification is filed
promptly
Once the franchising process is complete, many municipalities have considered
their responsibilities ended However, to ensure full use and development of a cable
system, the city must continue to participate
V. SUPERVISION AND ENFORCEMENT PHASE
The franchising authority should establish an efficient method of monitoring the
construction and operation of the cable system and enforcing the ordinance and
franchise requirements, proceeding as indicated below However, the authority
should be certain the issues considered here are first clearly specified in its ordi-
nance
A Determine Responsibility for Supervision and Enforcement
41)
A regulatory body created for the express purpose of monitoring all facets of
the cable system
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* The city council or some established government committee
* The office of a city official, i e , mayor, city manager, or new department
B Develop Process for Operation of the Supervisory Body
1 DAY-TO-DAY ISSUES
a. Consumer Complaints
b Disputes among City, Operator, and Consumers
c Fair Employment Practices
d. Development, Management and Control of the
Government Channel
e. Development of the Other Access Channels
f Rates
g. Construction Timetables and Standards
2 OVERALL OPERATION OF THE SYSTEM
a Review of Finances for Rate Adjustment
b Modernization of Technical Aspects
c Ensuring Adherence to Amendments to Federal and State Regulations
3. TRANSACTIONS CONCERNING OWNERSHIP OR CONTROL
OF FACILITIES
a. Franchise Transfer and Transfer of Control of Ownership
b Franchise Renewal
c Franchise Revocation
d. Orderly Enforcement of Buy-Back or Lease-Back Provisions
e Receivership and Foreclosure Provisions
CONCLUSION •
The above process, intended to be general in its description, rapidly becomes
complex when each of the issues that are raised is translated into specifics by local
communities In approaching the consideration of cable the franchising authority
should attempt to establish its own schedule for considering the many problems
raised, rather than reacting to specific franchise applicants. Many issues will be
politically and socially sensitive Federal regulations are complex and continually
under modification New technology is constantly changing the state of the art To
appropriately consider the dynamic and exciting future that cable promises, a com-
munity will want to focus on two goals
* A system that meets present needs, yet is flexible enough to take advantage of
future developments
* Regulations that conform to federal requirements yet permit a community to
control the development of the system so that it can accommodate changes in
technology
CABLE TELEVISION
INFORMATION CENTER
MUNICIPAL OWNERSHIP--POLITICAL, PHILOSOPHICAL
AND PRACTICAL CONSIDERATIONS
There are no universal hard facts or accepted truths on municipal ownership
of cable. Except where private operators are unwilling to invest, one is hard
pressed to point to an inevitable or even logical decision for (or against) muni-
cipal ownership. Instead, there tend to be arguments and philosophies represented
by individuals in separate camps.
Actual consideration of public ownership of cable communications systems re-
quires a city to consider a number of complex issues. Although not an exhaustive
list, the following are some of the issues that should be thought out:
• Fundamentally, what does the city want and expect from a cable sys-
tem, now and in the future? Is the goal to make money for the city?
Will the emphasis be on the service dimensions of the system? Are
lower rates an objective? Will the system be viewed as an essential
public utility or as a legitimate private business?
• Are there mechanisms at the disposal of the city for financing the
cable system both in terms of initial capital outlays and continuing
capital improvements during the life of the system?
• Will the city have the necessary resources--high quality manpower as
well as capital--to operate the system in the best interest of the
public?
• If local programming is produced, how will the city deal with issues
and charges of government control of speech and press, government con-
trol of private interprise?
• What can be achieved by public ownership that cannot be achieved by
regulation?
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PERSPECTIVES ON PUBLIC OWNERSHIP
The question of public ownership has been the focus of substantial atten-
tion, discussion and debate in the last few years by the cable industry, muni-
Adak,. cipalities, public interest groups, and numerous others. There has been little
thorough, objective, and analytical consideration of municipal ownership of
cable, nor has there been any detailed evaluation of existing municipal cable
operations. At this point, the arguments pro and con are philosophical and poli-
tical in nature, with very little data or facts to support them.
ARGUMENTS OF THE PROPONENTS
• (1) Because it is tied more directly to the community, a municipality
will probably emphasize the public service nature of cable communica-
tions by (a) building and maintaining a system of the highest possible
quality and flexibility; (b) attempting to achieve maximum penetration,
as close as possible to 100 percent of all households; (c) airing con-
troversial programs aimed at informing the citizenry and protecting
their rights; (d) being more responsive to users' needs and complaints
by striving to make timely repairs and reasonable program changes as
dictated by public demand.
• (2) Financially, ownership may produce more public revenues than the
municipality could realize under franchise agreements.
• (3) It is possible to view cable communications as an essential munici-
pal service in the nature of a public utility. This conception carries
with it the use of cable for essential municipal services (police and
fire surveillance, traffic control, education, meter reading, etc. ,)
with the television and entertainment portions of cable communications
system view as ancillary.
• (4) Municipal ownership assures local control of the cash flow as opposed
to the frequent private industry practice of financing one system out of
the profits from another.
ARGUMENTS OF THE OPPONENTS
• (1) It is contrary to the American system of free enterprise for
government to own what is almost universally regarded as a private
business.
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• (2) Public ownership increases the possibility of abuses of personal
freedoms of speech, press, and privacy, as guaranteed by the U. S.
Constitution. A cable system is a mass medium of communications
and is likely to be the only cable system in town. If operated by
the government, it is analogous to government control of the only
newspaper in town, and at least philosophically violative of the
First Amendment.
• (3) Government may not be able to handle the complexities of managing
an intricate communications system--and public benefits may be lost
without capable management.
• (4) Cable is an expensive proposition; as a nonessential, nonutility,
use of public funds for cable investment must rank lower on the list
of pressing priorities for revenues that each city faces (such as
health, education, housing, employment and welfare).
• (5) Public ownership of the high business of cable television in-
creases the possibilities of abuses of public trust and public funds.
Local governments fail to comprehend the unknowns of the new genera-
tion of cable which necessitates speculation and risk. Cost over-
runs can spell disaster, not only to the public treasury, but also
to local programming.
PERSPECTIVES ON PRIVATE OWNERSHIP
Private ownership of cable television is the conventional pattern that
exists in most places in the country. The private owner might be a local cor-
poration formed solely for cable, an existing corporation involved in some
other local enterprise, or a multiple system operator (MS0) , operating in hun-
dreds of communities.
In theory, private corporations are committed to maximizing profits and
would have few incentives to provide free public services. In practice, for
several reasons, this is not always the case.
• Some public services, such as educational programming, may
enhance the value of cable service and increase the system's
subscriber penetration. To the extent this is accurate, a
profit-seeking corporation will have an incentive to provide
such services.
• Some service choices are unaffected by the kind of ownership
incentives involved. "Free" production facilities for schools,
for example, may mean higher subscriber rates, no matter who
owns the system.
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• While business incentives do lean toward decisions that maximize
profits, few corporations ignore the value of a public image. A
vigorous program of local public service may be written off as a
cost of doing business or as a marketing expense, but the service
is provided anyway.
Presumably, these incentives could be enhanced if the city were to fran-
chise local corporations with a stake in the community, such as an existing
local enterprise, or perhaps a minority group corporation. On the other hand,
a nationally based corporation with more resources for technical development of
new services might be in a better position to offer services which pay for
themselves.
Looking at the problem from the city's point of view--desiring the maximi-
zation of public services--there are two additional dimensions to the problem
which should be considered:
• Corporate incentives cannot be developed in a vacuum. Regarding
the specific form of private ownership chosen, a major factor in
its performance will necessarily be the quality of local regula-
tion. If the city over-regulates the franchisee and imposes its
policy choices so heavily that the cable operators energies are
concentrated solely upon survival, the result might be unsatis-
factory for all parties. On the other hand, if the city fails to
develop an effective regulatory program, or devotes too few re-
.... sources to its regulatory responsibilities, the result can be
entertainment enterprise whose public value is never realized.
• Some functions of the delivery of public cable services need not
be left in the hands of a private corporation. A citizen's board
or commission is sometimes constituted to manage access to the
cable system and promote the public character of its services.
The division of authority and responsibility for the manifold
functions of service delivery, public and private, may eliminate
some of the conflicts of interest and incentive inherent in cable
television's difficult mixture of public and private enterprise.
These arguments are included to provide a flavor of the nature of public
debate on municipal ownership of cable. They are so general that they cannot
be answered conclusively, but they tend to obscure some of the important issues
involved in the municipal ownership decision. The issues involved in the city's
ownership decision can be grouped into three major areas: financial, management
and safeguarding the public interest.
...
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The financial implications of the city's choice can be evaluated with some
degree of predictibility and specificity before the decision. Management and
public interest issues are much more difficult to evaluate on more than a philo-
sophical level.
FINANCIAL CONSIDERATION
Sources of Funds. Prior to making the decision it is very important that the
city determines what it will cost to enter the cable television business. Gener-
ally the cost of entering the business, both from the standpoint of construction
and the first few years of operation, is fairly high. Low initial operating rev-
enues normally result in a negative cash flow in early years. That, coupled with
a heavy initial investment, generally makes the early years very expensive.
Sources of funds available to the city for cable ownership might include:
(a) existing surplus revenues (if any) ; (b) general obligation bonds; (c) rev-
enue bonds; and (d) any other sources permitted by the state.
A city normally does not have the financing opportunities private operators
have. Normally, substantial amounts of the needed capital for privately owned
systems are contributed by equity investors who do not receive interest for the
loan of their funds, preferring instead to see the value of their ownership
shares increase. The equity investor's willingness to defer collecting on his
investment lowers the fixed costs of the system, thereby giving the operation
somewhat better odds of surviving.
In the absence of such local revenues, the city will probably have to issue
bonds to finance cable. If the city is empowered to issue bonds, it may be able
to attract funds at much lower interest costs (given the tax-exempt status of
municipal bonds) than would generally be the case with a private operator. With
lower cost for capital, the city could anticipate positive cash flows from its
system sooner than from a privately-owned system. Moreover, net revenues would
be larger, since the city does not pay federal income taxes. This surplus might
be applied to system improvement, lower subscriber costs, or other public purposes.
/ Although these arguments have merit, there are other considerations that
mitigate against them:
• (1) Municipalities may be required to begin debt service within a
year or eighteen months after the revenue bond issue. Since citi-
zens are not required to be subscribers, there is no guarantee that
the system will generate sufficient revenues to cover debt service
in the first years of operation.
• (2) Federal tax laws generate a strong subsidy to private industry
through tax credits for operating losses and depreciation. Thus,
a private cable system operator is buffered against the enormous
early negative cash flows typical of the cable industry. A muni-
cipally owned system, since it pays no federal income taxes, is
not similarly protected, and the city should expect to make up major
operating losses in its cable system operation for the first five
to seven years.
• (3) Frequently local authorities are required by the terms of the
bond contract to raise subscriber rates without recourse by the
public whenever the service is threatened with operating deficits.
This can sometimes result in a politically untenable position for
a local governing body.
• (4) Reserve funds, sinking funds and replacement fund requirements
in many municipal Revenue Bond laws often tie up large sums of
money that could otherwise be utilized in the system.
During the life of the system, improvements must be made so that the system
does not become obsolete. Adjustments may become necessary to improve signal
p
strength or raise channel capacity. Operating funds may not be sufficient for
the purpose, and the municipally owned system may have to go into debt again to
make the needed changes. If additional funds are needed, what will be the source?
Will the city have to use general tax°funds9 Will other bond issues be necessary?
Taxes which might be necessary to meet new fiscal demands generated by cable
may come amid a growing dissatisfaction with increased taxation, including commu-
nity sentiment which may not support the notion that municipal ownership is the
best long-run strategy for developing cable television potential for local pur-
poses. The short-run costs may be sufficient to cause considerable political
backlash when private organizations are ready to bear these costs.
/ ' ..►
7
Other disadvantages include the following:
• The risk inherent in urban cable television may cause the bond
market to reject revenue bonds not backed by the city's taxing
power.
• The risk inherent in urban cable television may affect the city's
,— bond rating.
• Financing the system with 100 percent debt increases interest cost,
and overall cash needs.
Sources of funding for modern cable systems may be difficult to come by.
Even if funding is available, the city must be aware of the many difficulties
associated with cable finance.
USES OF FUNDS
Most arguments favoring municipal ownership focus primarily upon the allo-
cation of the surplus (or profits) generated by the system. Many municipal
officials see cable as a way to relieve a city's financial problems through the
production of revenues over a long period of time.
There is also the issue of whether that surplus could be used for other
municipal purposes. This issue must be answered by both the city and the state.
The surplus could, of course, be used to improve the system substantially, and
to lower rates charged to subscribers. Even if there is no legal problem re-
lating to the usage of cable surplus, the terms of the bond contract with the
underwriters may restrict the city's discretion in the use of funds from sub—
scriber revenues.
MANAGEMENT CONSIDERATIONS
Will the system operate better or worse under municipal than under private
ownership? Some claim the municipality will monitor technological improvements
and make them more often and more readily than private operators. The rationale
is that the municipality's first concern is the public interest and that, as
8
the most direct link to the populace it will respond to subscribers' demands to
maintain a high quality system.
Of course, the ability of the municipality (or a private operator) to make
capital improvements largely depends on the availability of funds. Opponents of
municipal ownership claim that municipalities are less likely than private com-
panies to make changes because municipalities must use public funds or perhaps
a limited bonding authority to make substantial improvements. In the face of an
ever present need for revenues for other priorities, the city will have to jus-
tify expenditures for cable improvement to the public.
Motivation to make improvements, is another factor. Municipalities may
keep track of technology if their cable operation does not hinge on making prof-
its. Private operators have been criticized for building, then not maintaining
their systems adequately. Although the city may find it easier to meet the
public interest demand for peak efficiency itself than to enforce it against a
private operator, the complexities of cable management--marketing, financial
accounting, advertising, competition, contracting, labor, copyright, legal
problems, weather problems, maintenance, insurance--demand high quality mana-
gerial and technical talent which the city may find difficult to attract (de-
pending on civil service rules, salary scales, etc.
We do not believe that there are any clear advantages and disadvantages
that can be attributed to either private or public ownership in terms of system
management. The city officials will simply have to decide how they feel about
each of the following types of questions:
• Will municipal ownership instill a commitment to system improve-
ment and modernization"'
• Will municipal ownership promote management at least as effective
as management under private ownership?
• Will municipal ownership contribute to more innovative and imagin-
ative programming and facilitate the development of public services
more than will private ownership?
•�a
////////
These questions obviously have no conclusive answers. The management ques-
tion may simply be one of which ownership form do you trust to operate the system
best--public ownership motivated by the public interest or private ownership
motivated by profit (within a regulatory framework) ?
Amk
SAFEGUARDING THE PUBLIC INTEREST
The FCC rules for cable were not constructed with municipal ownership of
cable television in mind. The rules envision a relationship between the operator,
the city, and the FCC that is flexible yet protects the public interest; the
FCC sets broad guidelines and procedural requirements; the city acts as local
watchdog to oversee the system operator's actions.
In the commission's view, the interested parties include existing tele-
vision and radio stations, the cable operator, the cable subscribers, and chan-
nel users. Municipal ownership presents the possibility that three of these
interests--operator, subscriber and channel user--will exist in the same entity;
an entity which is also responsible for regulation of cable.
The city government has several interests in either a commercial or a
city-owned system. Initially, the city has responsibility for regulation--
developing a plan for wiring the city, insuring reasonable construction time-
tables, providing a procedure to set subscriber rates and deal with consumer
complaints. In addition, the city selects an operator and sets a time period
for the franchise.
City operation would not alter these responsibilities except for the proce-
dure of selecting an applicant. With private ownership, the city could still
have an interest in cable as a user of government and education channels. The
city government could also be a subscriber if it decided public buildings should
be wired. In addition, under any form of ownership, the city would be interested
Amok
10
in the system's design and its ability to meet current and future city needs. A
city-owned system would merge the number of functions in which the city has in-
terests, thereby creating possible conflicts. The implications of combining
regulation and the regulated enterprise should be evaluated carefully in order
not to endanger the public interest.
Currently, the FCC rules carefully set out the number of television and
radio stations an operator may carry over the cable system. They also restrict
a system's use of distant programming if local television stations already carry
that programming. City ownership would not change requirements but might pose
a possibility that the city's competitive interests as an operator could con-
flict with the interest of local broadcast stations.
A possible advantage of public ownership is that its control of the system
would be stronger than if the system were privately owned. If the city were not
the operator, the number of access channels, the capacity of the system, rules
governing use of the access channels, and perhaps even the programming equipment
would be decisions of the commercial operator under current regulation. Municipal
~ ownership places these decisions with the city, limited only by the federal channel
minimums and access guidelines. With municipal ownership, the city would have a
wide choice of options regarding rates and subsidies. Should subscribers pay
charges or should all members of the community receive services, paid out of gen-
eral tax revenues' Should distinctions be made between necessary and convenient
services (e.g. , traffic surveillance vs. health delivery) ' Should the city sub-
sidize certain classes of subscribers (low income or senior citizens) ' Should
advertising be sold on origination channels' Could or should innovative usage of
cable allow for a transfer of other city funds to the system to be used to handle
other city services in other ways (e.g. , cable could become the primary means of
delivering educational or public health services)? Could commercial leasing of
channels support or defray the costs?
11
However, the bearing of responsibility for operation of a cable system sub-
jects city officials to other possible hazards. Suppose a group uses profane
lanaguage on a channel during a production of a play. While the private operator
may receive letters and some public ridicule, the municipal owner is more likely
to be deluged with demands that such conduct not be repeated and that offenders
be punished. It is also conceivable that the quality of reception over the cable
could be a major political issue in an election campaign.
Government ownership of an important medium of communications raises issues
of constitutional freedoms. Direct actions which discriminate among those who
seek to use the access channels is a foreboding prospect no matter who owns the
system. But its implications may be more serious if the government is the owner.
Similarly, two-way cable communications to the home carries with it the possibility
of electronic invasion of a subscriber's privacy. Government control of such
access may protect rights to privacy or may conceivably endanger them.
Both privately-owned and city-owned cable can breach the public trust. The
question again becomes the philosphical one of who you trust to safeguard the
..0■0. public interest.
ALTERNATIVES TO STRICT MUNICIPAL OWNERSHIP
It may be that except for finance, the points made above are problems of
operation rather than ownership of cable systems. The owner of the system does
not necessarily have to manage and control it. The city might, for example,
purchase the system and contract its operations to a private corporation.
The city might also arrange for technical operation and maintenance by one
governmental agency, and management of programming and other nontechnical matters
by another or possibly by a university or some nongovernmental agency.
Another intriguing possibility is the use of industrial revenue bonds. In
this approach some of the best features of public and private ownership tend to
12
be merged through the creation of a nonprofit organization that can issue tax_
exempt bonds. This organization then leases out the operation to a private cable
operator who continues to be able to benefit from federal tax laws, but also gets
far cheaper financing of his capital requirements. What the private operator
gives up in this arrangement is his autonomy, as he will be guided by members of
the nonprofit organization that are appointed by the municipality, and regulated
by the city government.
There are almost as many organizational combinations as the mind can fathom.
The point is that these are options which probably should be considered. In view
of the "high risk" characteristics of the cable industry itself, and some of the
philosophical and political situations described, financial viability will in all
likelihood be the principal turning point in any decision on this option, especially
as certain cost/effectiveness features are discussed.
y ARIZONA DEPARTMENT OF TRANSPOR'DVlION
AERONAUTICS DIVISION
BRUCE BABBITT 205 South 17th Avenue Phoenix, Arizonr 85007
Governor
(602) 261-7778
WILLIAM A ORDWAY
Director
Siren, N 1 II RA
Assist-rnt Director
August 25, 1981
I
Mr. Thomas Binzak
FAA Western REgion AWE 230
Flight Standards Division
P.O. Box 92007, Worldway Postal Center
Los Angeles, CA 90009
Re: Apache Junction Airport Airspace Analysis
AFE 01022
Dear Mr. Binzak:
This is to confirm our strong support of Apache Junction in the development
of their proposed airport. Not only will an airport in this area directly
benefit Apache Junction, it will also benefit Pinal and Maricopa Counties,
and the State of Arizona. It is particularly needed to provide a. relief
function to Sky Harbor, and to the other primary reliever airports in the
urban area.
Whereas we realize the Air Force may have to modify some operations in the
area of Williams, we feel confident that they can do so with minor adjust-
ments, in a manner that will allow the airspace to be safely used by both
the military and civilian aircraft. In other cases, such as is presently
occurring at Libby AAF, the U.S. Army is developing positive plans to work
with the civil aviation contingent. Additionally, any impact from the
proposed Apache Junction Airport would be less titan that presented by the
existing Falcon Field, and comparable to that presented by Chandler
Municipal.
Very truly yours,
SONNY NAJERA
Assistant Director
SN:AFS•hp
cc . Rich Broman, Apache Junction
o •
.. .10„.
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HIGHWAYS • AERONAUTICS MOTOR VEHICLE • PUBLIC TRANSIT • ADM,NISTRATIVE SERVICES • TRANSPORTATION PLANNING
PQACHF✓
= , r j;- o DEPARTMENT OF PUBLIC SAFETY
4P/Z00' cOity o c4 Iac/e cOunctian
W E McDANIEL
September 4, 1981
Memorandum
To: Honorable Mayor and City Council
From: Director of Public Safety W~"~
Thru: City Manager Iv--
Subject: Departmental Report - August 1981
Attached you will find our departmental report for August, 1981.
We have experienced an increase in the numbers of Accidents,
Burglaries, Agg. Assaults, Motor Vehicle Thefts and Larceny Theft.
Much of this is due to increases of activity through and within
the City as the vacation period winds down. Further, we have
been told that the Winter visitors are already beginning to
return to such parks as Rock Shadows and others.
Animal Control, also, experienced an increase over July. The
following is a breakdown of activity at Animal Control:
Complaints: 102
Impound Fees: $129.00
License Fees: 190.00
Total August $ 319.00 Deposited to General Fund
Total from July 4538.00
oink
Total to Date $4857.00 Deposited to General Fund
1-1-81 thru 8-31-81
Impounded Adopted Reclaimed
Dogs 93 18 13
Cats 61 5 0
Destroyed In Pound at End of Month
Dogs 45 28
Cats 71 3
1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260
Aft. 4 Ink
Escaped Dog Licenses Sold to Date
Dogs 0 819 (13 Void including 2 No fee)
Cats 0
Citations Issued
Dog Running at Large: 2
Unlicensed Dog: 2
p
....
AYALtG JUNI.LLJ4 YULLI.G DtrAlliMc U
Departmental Activity
JAN. FEB. MAR. APR. MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL
ACCIDENTS *
961 10 20 14 10 6 10 5 13 88 * 961 Accident-No Injury
S 1 1 1 2 1 2 0 0 8 962 1^-41ent-Injury
AL 1 0 0 2 0 2 0 0 5 963 Accident-Fatality
962 6 13 13 5 18 4 2 6 67 P Persons Injured
P 9 27 36 8 31 5 3 11 130 . Killyd
S 1 3 1 0 1 0 0 0 6 S opeed Related
AL 0 1 0 0 2 1 0 1 5 AL Alcohol Related
963 0 0 0 1 0 0 0 0 1
P 0 0 0 1 0 0 0 0 1
S 0 0 0 0 0 0 0 0 0
AL 0 0 0 0 0 0 0 0 0
TRAFFIC CITATIONS
SPEED 59 51 108 72 75 39 68 83 555
ALCOHOL 10 9 9 21 27 13 11 13 113
OTHER 83 105 97 105 101 65 90 102 748
INDEX CRIMES
MURDER 1 0 0 0 0 0 0 0 1
RAPt 0 0 0 0 0 0 0 0 0
ROBBERY 1 2 0 2 0 0 0 0 5
BURGLARY 18 20 12 11 12 3 8 11 95
AG. ASSAULT 1 1 1 0 0 2 1 4 10
MOTOR VEHICLE THEFT 1 2 1 1 0 3 1 2 11
LARCENY 57 69 52 32 27 32 26 38 333
ARSON 0 0 1 0 0 0 0 0 1
t
' C. R T HITS
FELONY 5 1 2 0 1 1 0 2 12
NTenr JrAvno 27 13 11 11 11 23 13 10 119
1`
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= e/eCVN r�CfPv/3Clc B/ZG/L'(
Survey of Apache Junction's streets, roads
is..
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v" l aid officials in determining future needs
..,
'APACHE JUNCTION — Streets — evaluations are being entered into a $100,000 in the 1981-82 budget year but
whether paved or dirt — are getting a lot computer now will get$221,983,Broman said.
of attention in Apache Junction The next stage, costing $3,500, will be a Primarily, the study is being conducted
:The Phoenix architecture, engineering determination of the costs and procedures to establish a base to start from
and planning firm of Wadsworth, Jensen the city would face in maintaining and "If you don't plan in advance, it's a hit-
and Associates is evaluating 64 miles of upgrading paved streets. or-miss thing—sometimes you're going to
paved streets in the city for$12,000. In the third stage, the study will set be right, but sometimes you're going to
:On a lesser scale, the Public Works priorities that will not be specific to street waste money,"Broman said
Department is conducting its own study of improvements Drainage improvement and As far as the dirt-road study is
45 miles of dirt roads traffic-signal placements will be consid- concerned, Broman said it came about
!Although the dirt-road study entails ered.This stage will cost$2,500 simultaneously with Mayor Wendell
testing different methods of grading the The final stage, which will cost $1,500, Clarke's suggestion this summer that the
road with water and with a water-chemical will study alternatives in financing city start a mile-a-month program. In this
mixture, the paved streets are receiving a This stage will determine, Broman said, program, the mayor proposed that dirt
much more comprehensive analysis. "how we are going to budget maintenance roads be improved by oiling.
-Most of the paved streets are chip sealed and finance improvements."
— an oil-and-gravel mixture — because 3 sections tested
that is how Maricopa County paved them Financingalternatives
before Apache Junction was incorporated The Public Works Department first
Possible financing alternatives include tested three sections of a road, using only
Streets `urbanizing' creating improvement districts, having grading, grading with water and grading ,
developers pay for their own street with a water-enzyme mixture. The last
But, according to Richard Broman, improvements, floating a bond issue and treatment endured the longest, Broman
director of public works, the streets in using regular city budgetary cash through said.
Apache Junction started to "urbanize" the Highway Users Fund. Another dirt road is being tested with
even before incorporation and a need for The study was started this summer. four alternative methods
better roads arose Broman said he expects it to be completed Grading is a part of each test However,
T'als4- on Broadway is up to 4,500 in the next 90 to 120 days on one patch of road, a calcium-chloride
vehit,._. a day on one end and 3,400 "Ultimately," Broman said, "I think solution is being mixed with water.
vehicles per day at another point. we're going to wind up with what they call Waste oil, a more penetrating oil and a
Broman said the paved-street study will an asphalted-concrete road." stronger enzyme mixture than used in the
ekplore these needs. It encompasses four Although not all streets can be improved first test, are the other methods being
stages. at once, the public-works director said, used.
The first stage is costing the city$4,500. "We'll end up replacing all roads with Broman expects the test to run at least
It entails a field study of the streets and either an overlay or complete reconstruc- 30 days.
soil foundations under them tion . as funds become available." Depending on what method seems the
Different kinds of pavement cracks are He said the new state-highway-funding most effective,Broman said,perhaps fewer
being studied.Rutting,corrugations,ravel- legislation will help Apache Junction. dirt roads could be done more often.
ing, pot holes and deficient drainage also Previously, the city was only going to be Because most of the dirt roads have less
are being evaluated allocated $2 5 million over the next 10 traffic, Broman said, "In my opinion, we
The number of lanes, width of the years. should try to maintain existing roads
streets, accident rates and surface condi- before we do a lot of improvements of the
lions are included in the analysis. dirt roads"
Once this information is compiled,it will More money
p He envisions a five-year plan of paved-
be fed into a computer and collated under Now,however,Broman said the city will and dirt-road maintenance and improve-
further categories, such as what kind and be getting$10 million. went,updated each year.
how many drainage structures and how "It was what Apache Junction needed,it "Surely, we'll do as many roads as we
may traffic signals a particular street has was a shot in the arm,"he said can,"he said.
The study is in the first stage, and The city only had been expecting to get —Christia Johnson i
E✓
' ix?A
H
U ' ;trj a Z
gRIZOW*'
`Orly o C4pache 09unctian
0 .,
September 1, 1981
TO. Director of Public Works
7
6/ FROM: Building Official
RE: Building Permit Activity - Month of August, 1981
Attached you will find an activity report for the
Building Permit activity for the month of August .
This report also contains a running calendar year-
to-date total .
LF: sw
Attach. Activity Report
1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002
BUILDING DEPARTMENT ACTIVITY
CALENDAR YEAR. 1981
MONTH OF
CLASSIFICATION AUGUST YEAR TO DATE
( Number of Building Permits Issued 50 652
Total of Permit Fees Assessed 4, 974. 00 33 , 692 . 57
Total of Plan Reviews Assessed 2 , 706 . 76 17 , 595 . 79
Total Pre-Inspection Fees
Assessed
Total Incoming 7 , 680 . 76 51 , 288 . 36
( Cost of Proposed Work 1 , 290 , 045 . 32 11 , 964, 856 . 70
Number of Inspections Made in
Connection with Bldg . Permits 262 1 , 895
9/1/81
sjw
CITY COUNCIL
MOTIONS
MEETING OF September 2, 1981
ACTION
MOTION AGENCY DISPOSITION
THAT THE AGENDA BE ACCEPTED AS PRESENTED.
(motion carried. ) -0-
,.. THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST Signed and
19, 1981 , BE AND HEREBY ARE, ACCEPTED AS PRESENTED. filed.
(motion carried. ) C.C.
THAT THE ITEM #3 APPOINTMENT OF PERMANENT PERSONNEL
BOARD BE AND HEREBY IS, REMOVED FROM THE TABLE FOR
ACTION. (motion carried. ) -0-
THAT THE FOLLOWING PERSONS BE AND HEREBY ARE,
APPOINTED TO THE PERSONNEL BOARD: JEAN CLIFT, On agenda of
MILDRED CONWAY , TERMS TO EXPIRE SEPTEMBER 2, 1982, Sept. 16, 1981
AND MARVIN HALBERT, SUSAN STAGS, GARY COLLINS, TERMS
TO EXPIRE SEPTEMBER 2, 1983. C.C.
BE IT FURTHER RESOLVED THAT THE PREVIOUSLY APPOINTED
INTERIM PERSONNEL BOARD BE AND HEREBY IS, DISSOLVED.
(motion failed. )
THAT MR. JACK TANDY, MS. LILLIAN CASTRO, MS. ELEANOR Oaths are
LEWIS, MR. HARRY POLOMSKY, MR. JERRY MICHAELS, MR. being signed,
DICK RABIDUE, MS. MILDRED CONWAY, MR. ROBERT LAPLANT, first meeting
MS. BERTHA ROGERS, MS. ROSALINE, DEBNAM, MR. TOM was set and
SANSONI , MR. ROBERT SCHAUSTER, MR. SAM GARDOM, MR. held on 9-9-81
JOHN SCHMIDT, MR. CLARENCE ZEHNLE, MR. FRANK JIMENEZ,
MS. PEGGY BALJO, MR. DALE BURFIEND, BE AND HEREBY ARE,
APPOINTED TO SERVE ON THE CHARTER GOVERNMENT COMMITTEE
TO STUDY THE ADVANTAGES OR DISADVANTAGES OF THE CHARTER
FORM OF GOVERNMENT IN APACHE JUNCTION, ARIZONA. BE
IT FURTHER RESOLVED THAT A REPORT BE RENDERED NO
LATER THAN MARCH 17, 1982. (motion carried. ) C.C.
THAT THE RESIGNATION OF DR. DAVE ROBINSON FROM THE Letter Prepared
AIRPORT COMMISSION BE AND HEREBY IS, ACCEPTED WITH
REGRET. (motion carried. ) C.C.
THAT FUNDS IN THE AMOUNT OF $500.00 BE PROVIDED TO Letter and
THE CHAMBER OF COMMERCE FROM CIVIC ADVERTISING check request
ACCOUNT NO. 001-100-512-01-22 TO HELP DEFRAY EXPENSE C.C./ prepared.
IN PROVIDING A STATE FAIR BOOTH. (motion carried. ) Finance
THAT AN EXECUTIVE SESSION BE HELD AT 6.00 P.M. ,
SEPTEMBER 16 , 1981 , AT CITY HALL FOR THE PURPOSE OF C.C. Posted 9/4/ 81
DISCUSSING LEGAL AND PERSONNEL MATTERS. (motion carried. )
THE THE RESIGNATION OF PAT SMITH FROM THE PLANNING
AND ZONING COMMISSION BE ACCEPTED WITH REGRET. Letter Prepared
(motion carried. ) C.C.
Aft. .■..
CITY COUNCIL
MOTIONS
MEETING OF September 2, 1981
ACTION
MOTION AGENCY DISPOSITION
THAT MARK MCPHIERSON BE APPOINTED TO THE PLANNING
AND ZONING COMMISSION FOR THE EXPIRED TERM OF PAT Letter sent
SMITH DUE TO HER RESIGNATION, THE TER OF OFFICE TO 9��81
.. EXPIRE JUNE 30, 1983. (motion carried. ) C.C.
THAT THE CITY MANAGER ENFORCE THE ORDINANCE 12
ESPECIALLY THE SECTION DEALING WITH CITY EMPLOYEES
LIVING WITHIN THE CITY LIMITS. (motion failed) -0- —0__
CITY COUNCIL
REQUESTS
MEETING September 2, 1981
ACTION
REQUEST AGENCY DISPOSITION
THAT THE CITY CLERK NOTIFY THE MEMBERS OF THE AIRPOR— Meeting posted
COMMISSION AND INDUSTRIAL DEVELOPMENT AUTHORITY OF A 9-8-81 , Letter
JOINT MEETING ON TUESDAY , SEPTEMBER 15, 1981 , AT
7:00 P.M. City Clerk sent 9-9-81
^ THAT IT BE RESEARCHED BY THE CITY ATTORNEYS AS TO
WHETHER OR NOT CITY EMPLOYEES MUST LIVE WITHIN THE Attorney
CITY LIMITS. City Attorney
researching
r
CITY COUNCIL
REQUESTS
ACTION NOT COMPLETED
MEETING ACTION
DATE REQUEST AGENCY STATUS
6-17-81 THAT 90 DAYS PRIOR TO AWARDING THE INSURANCE CONTRACT
NEXT YEAR AN ADVERTISEMENT BE RUN IN THE PAPER
SOLICITING BIDS FROM ALL INSURANCE COMPANIES THAT So noted by the
MIGHT BE INTERESTED IN PROVIDING LIABILITY INSURANCE City Clerk's
AM ph.
FOR THE CITY OF APACHE JUNCTION. C.C. Office.
•
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•
ITEM NO , 11
BE IT RESOLVED BY
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,
THAT THE MEETING BE ADJOURNED AT P .M,