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HomeMy WebLinkAbout1992.0218.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 18, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, February 18, 1993, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona ROLL CALL - Following the pledge to the flag and the invocation by Councilwoman Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien, and Councilmembers, Charlie Fox, Peg Tibbetts, Wally Hudson, Frank Clark and Mike Minarsich. Also present were Town Manager Paul Nordin, Community Development Director Gary Jeppson, Town Engineer Randy Harrel, Town Attorney Bill Farrell, Town Marshal Steve Gendler, Town Clerk Cassie Hansen, Parks and Recreation Director Robin Goodman, Associate Planner Loras Rauch, and Administrative Assistant Marcia Jewett. Mayor Cutillo said that all items listed with an asterisk (*) were considered to be routine, non -controversial matters and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the consent agenda. The item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on the consent agenda include minutes, special event requests and easement abandonments. All materials and prior approvals received from the Town Marshal and Fire Chief (for special events) and all utilities and the Town Engineer (for abandonments) have been provided to and reviewed by the Council prior to the consent agenda vote. Items on the consent agenda were: AGENDA ITEM #2. - CONSIDERATION OF RESOLUTION 1993-07. ABANDONING WHATEVER RIGHT TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE WEST LOT LINE OF LOT 6, BLOCK 2, OF PLAT 505-C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE NORTH TWENTY FEET AND THE SOUTH TEN FEET OF SAID EASEMENT AND DECLARING AN EMERGENCY. Mayor Cutillo requested to remove this item from the consent agenda and then MOVED the approval of the consent agenda. SECONDED by Councilman Clark. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Clark aye Councilman Hudson aye Councilman Fox aye Councilman Minarsich aye Councilwoman Tibbetts aye Minutes of the Regular Session of the Town Council 02/18/93 Page 1 of 9 Mayor Cutillo then asked for anyone who wished to speak against Resolution 1993-07. No one came forward. Mayor Cutillo MOVED to accept the resolution as written and Councilman Minarsich SECONDED. Ms Rauch said a letter had been received from an adjacent property owner, Glenn Spina who had a concern with the abandonment of the easement adjacent to his lot because it could possibly diminish the resale value of his home and adversely affect his privacy and views. He wanted to see the architects drawing of the home being built. Staff had attempted to contact him to inform him of the Council meeting. The construction of the home and the walls were permitted whether the abandonment was approved or not. MOTION passed unanimously. AGENDA ITEM #3. - CONSIDERATION OF RESOLUTION 1993-08, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE NORTH LOT LINE OF LOT 10, BLOCK 13, OF PLAT 104 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 139 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE EAST TEN FEET OF SAID EASEMENT AND DECLARING AN EMERGENCY. This item was a part of the consent agenda. AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST BY THE SUNSET KIWANIS FOR A SUNRISE BIATHLON ON SUNDAY, FEBRUARY 28, 1993 FROM 6:00 A.M. TO 10:00 A.M. THE PURPOSE OF THE EVENT IS TO RAISE MONEY FOR CHARITABLE YOUTH CAUSES. This item was a part of the consent agenda AGENDA ITEM #5. - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION OF THE CHURCH OF THE ASCENSION FOR A SPAGHETTI DINNER TO BE HELD ON SUNDAY, FEBRUARY 21, 1993 FROM 1:00 P.M. TO 5:00 P.M. THE DINNER IS TO RAISE FUNDS FOR THE DAUGHTERS OF ISABELLA. This item was a part of the consent agenda AGENDA ITEM #6. - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION OF THE CHURCH OF THE ASCENSION FOR A ST. PATRICK'S DAY PARTY TO BE HELD ON SATURDAY, MARCH 13, 1993 FROM 6:30 P.M. TO MIDNIGHT. THE PARTY WILL RAISE FUNDS FOR THE KNIGHTS OF COLUMBUS. This item was a part of the consent agenda. AGENDA ITEM #7. - PRESENTATION OF APPRECIATION PLAQUES TO OUTGOING MEMBERS OF THE BOARD OF ADJUSTMENT, PAUL KOLWAITE AND JOEL KATLEMAN. Mayor Cutillo presented plaques to Mr. Katleman and Mr. Kolwaite in appreciation for their dedicated service to the Fountain Hills Board of Adjustment. Minutes of the Regular Session of the Town Council 02/18/93 Page 2 of 9 AGENDA ITEM #8. - CONSIDERATION OF APPOINTING 3 PEOPLE TO FILL THE EXPIRED TERMS ON THE PARKS AND RECREATION COMMISSION Councilman Hudson suggested the applicants be interviewed at the next study session. Councilman Clark asked that suitable questions be prepared for all applicants. A meeting date and time would be set up. OWNERSHIP OF THE ALAMO AND TRANSFERS THE LIQUOR LICENSE TO THEIR NAME Mayor Cutillo said based on the information and recommendations supplied to him by staff he MOVED to disapprove the application submitted by Kent and Gloria Odekirk for the Alamo Saloon. SECONDED by Councilman Minarsich. There was no further discussion from the Council. Mayor Cutillo then asked for discussion from the public and explained the "Rules for Addressing the Council". Gloria Odekirk, 17405 E. Calaveras Avenue, read a letter she had written to the Councilmembers. In part, she stated they had hired Steve Hillary, a private consultant and an ex -employee of the liquor board, to train their existing and future employees on the laws of Arizona. Bang Meyers, E. Venetian, asked if the public could be made aware why the Council was not approving the transfer of the license. Mayor Cutillo said it was based on the staff report received in regard to the liquor violations and recommendations. Mr. Meyers asked who wrote the violations and Mayor Cutillo said the Town Marshal. Those from the public who spoke in support of the Odekirk's were: Roger Harris, 11251 N. Pinto Drive; Dave Dawkins, partial owner of the property; Max Monteleone, owner of Adobe Wine & Liquors; Larry Sterling,17138 E. Amhurst; Bob Getz, 13606 N. Hamilton; Mike Mercer, 15864 N. Aspen Drive; Mike Nabers, Nabers Realty; Keith McMahan, 17124 E. Salida Drive; Bonnie Bowman, E. Calle del Flores; Al Poma, Poma's Restaurant; Michael Burn, Palisades and Fountain Hills; Jeane Meredith, 16510 E. Palisades; and Jim Tate. Contributions by the Odekirk's were stated as follows: raised $6,000 for the MS Drive last year, sponsored charitable organizations; helped establish and promote the card room at Ft. McDowell; spent numerous hours making improvements and cleaning up the Alamo Saloon. Councilman Minarsich asked Marshal Gendler to clarify the recommendation of denial based on the administrative action against the Odekirk's by the State Liquor Department. Marshal Gendler said this had nothing to do with the Odekirk's themselves but with the investigation and the administrative action the Liquor Department intended to bring as a result of the tab sales against the Alamo Bar. Councilman Fox clarified by stating that two (2) weeks ago the Council had felt this item should be tabled for two (2) weeks to give the Odekirk's time to prepare a presentation. This had been the first request for a liquor license on which the Council had received negative recommendation. The Council had an obligation, under law, to question the transfer because there were discrepancies on the application. He said the Council only made recommendations and did not issue the license. The Council had three (3) alternatives: to approve, to deny, or submit a statement of no recommendation either way. Councilman Fox said he would recommend to pass this on to the State Liquor Board with a summary statement for the State Liquor Boards final decision. Marshal Gendler clarified his recommendation to disapprove the transfer. This was an administrative process and not a reflection on the Odekirk's, it was strictly as outlined in the Arizona Revised Statutes which stated they must show the ability to perform reliably and capably. In the three (3) weeks the Odekirk's operated the Alamo Bar, the State Liquor Department issued an administrative action which would result eventually in a reflection on their license. It was the Council's job to take that into account and decide if the Odekirk's would reliably operate the bar. The Council was acting on the recommendation of the statutes. Minutes of the Regular Session of the Town Council 02/18/93 Page 3 of 9 Mary Petrov, El Pueblo Blvd., wanted to clarify that the State Liquor Board, not the Town Council, made the final decision on the application. She asked how much weight the Council recommendation would have on the final decision. Mr. Farrell said the final decision would be made by the Liquor Board. Mayor Cutillo said there had been a glaring omission on the Odekirk's license application and asked why the seven (7) months they operated the Cantina at Fountain Bowl was omitted. Councilman Fox said it had not been answered on the sworn document questionnaire which asked for employment and/or business engagements during the past five (5) years. The only listings were Bob's Place and a business in Iowa. Gloria Odekirk said it should have been in there and she could not say why it wasn't. Mayor Cutillo said it was missing from both Gloria's and Kent's application. He said if it wasn't intended to be omitted, why would both of the Odekirks miss it. Gloria said she helped Kent fill out the papers. Councilman Clark asked how often the liquor license was renewed. Mr. Farrell said the only time the statute required the Town to become involved was if there was a transfer of person -to -person, place -to -place or the issuance of a new license. The state required an annual renewal. The Town was not involved in anything beyond the transfer of either person, location or issuance of a new license. Councilman Clark asked if the Liquor Board would take action if future violations were found. Mr. Farrell said if a license were to be revoked, suspended, or a person was to be relieved as the license holder it would be in the control of the Liquor License and Control Board and it would not come back to the City, Town or County for action or inaction. The Council would not be notified by the Liquor Control Board or asked to participate in the hearing. Councilwoman Tibbetts asked for clarification of the hearing before the Liquor Board. Mr. Farrell said if there was an affirmative recommendation, the Liquor Board would not schedule a hearing unless they received a protest from a citizen or interested party. If denial of the transfer of person -to -person was recommended, a hearing would be held automatically by the Liquor Board. If Council either failed to make a recommendation or made no recommendation, a hearing would be conducted by the Liquor Board. The tab violation that was alleged by the State Liquor Control Investigator was an independent process from the actual transfer. If that was completed before the hearing before the Board, it would be made known to the Odekirk's. If it was negative, the Liquor Department staff would make that known to the Board. Dave Dawkins, Dave Dawkins Realty, asked if the Odekirk's were afforded the opportunity to explain the discrepancies prior to the meeting tonight. Marshal Gendler said there were other discrepancies which were brought to the Odekirk's attention that they'd taken care of. He clarified again it was not the Town of Fountain Hills but the State Liquor Department investigators that made the recommendation and were passed on to the Council which they had to act on. Mike Nabers asked why a major discrepancy in the application was not called to the Odekirks attention. Mayor Cutillo said it was not the Council's responsibility to do that because the Odekirk's had been under oath when they completed the application. Complaints were brought to the Council's attention while the Odekirk's managed the Cantina at Fountain Bowl. He said the Council had the responsibility of guarding the trust, health and welfare of the people and the Community. Minutes of the Regular Session of the Town Council 02/18/93 Page 4 of 9 Mr. Farrell said the last amendment to the State Liquor Statute said "the Liquor Board shall promulgate rules and regulations that will serve as a guide to local bodies." In Section A a set of guidelines was promulgated for a location -to -location transfer so if the Alamo were to move to another location, all the criteria in Section A would be considered. The State Liquor Statute had not promulgated any guidelines for person -to -person transfers and the guidelines should be marked "draft". They had been approved by the Liquor Board but had not been approved by the Attorney General so they were not in force and effect and the Statute placed the burden of proof with the applicant on person -to -person and location -to -location transfers. Vice Mayor O'Brien asked Mr. Farrell if the Liquor Board would request a hearing if they had knowledge of an administrative complaint. Mr. Farrell said he would guess if Council gave an affirmative vote the investigator would file and request a hearing. Vice Mayor O'Brien asked if a no vote would prevent a hearing and Mr. Farrell said that was correct. Councilman Minarsich stated, for the record, this was not a judgement call on his part, on the Odekirk's, the Alamo or anything else to do with bars or liquor licenses. Kent Odekirk commented on statements that had recently been made about him, i.e. his actions at his birthday party at the Cantina where a female stripper had been present. He supported his actions. Councilman Fox said the Council did not have all the facts and information. The Marshal had to do what he did and for him to not bring the information to Council's attention would have been wrong. Mr. Sterling asked how the information was obtained to cite the Odekirk's. Marshal Gendler said there was a complaint filed against the bar for retail sales. In the process of conducting that investigation the State Liquor Investigator came up with the bar tabs and reported that to the City knowing the City was in the process of reviewing the Odekirk's for their license. Mayor Cutillo asked if someone should be given special consideration for giving thousands of dollars to charities. He said the answer should be no. He said the Odekirks had stated two (2) weeks ago at the Council meeting that because they had only be in the business two (2) or three (3) weeks they were not aware of all the things that needed to be done. That was a misstatement and misled the Council. In fact, the Odekirk's had been in the business for much longer. Councilman Clark asked the Marshal if the receipts were obtained illegally. Marshal Gendler said he had no knowledge of that and it had not come from the Marshal's department. This was an administrative matter and not a criminal matter and the Odekirk's would not be arrested for bar tabs. Councilman Fox said the Town had a Marshal's Department but the Arizona State Statute and Criminal Code was sub -contracted to the County Sheriff. Mayor Cutillo read the motion that on the basis of information and the recommendation of staff to disapprove the application of Kent and Gloria Odekirk. The vote results were six (6) nay to one (1) aye cast by Mayor Cutillo. The motion failed. Vice Mayor O'Brien MOVED that the request to transfer the liquor license be approved. SECONDED by Councilman Fox. Motion passed with six (6) aye votes to one (1) aye by Mayor Cutillo. Mayor Cutillo called a five (5) minute recess to the regular session at approximately 8:00 p.m. Minutes of the Regular Session of the Town Council 02/18/93 Page 5 of 9 . AGENDA ITEM #10. - CONSIDERATION OF THE EXTENSION OF PREMISE REOUEST SUBMITTED BY KENT AND GLORIA ODEKIRK FOR THE ALAMO SALOON. Councilman Hudson MOVED to grant permission to the extension of the premise. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM # 11. - CONSIDERATION OF APPROVING PHASE ONE OF THE MASTER PLAN FOR GOLDEN EAGLE PARK. Mr. Nordin requested the Phase I construction, as outlined, be approved by the Council. Mayor Cutillo asked if the full master plan were approved, how difficult it would be for changes to be made later. Mr. Nordin said it would be a simple additional motion of the Council. Mayor Cutillo asked if that would indicate to the design people not to look for further improvements. Mr. Nordin said staff would be desirous to propose appropriate changes to the Council. Councilman Minarsich wanted to pursue the rest room facility issue and would like to see the roller skate plaza be put into Phase I. Mr. Nordin said the rest room facility would be seriously considered with this years budget and would come back to the Council with an appropriate recommendation and funding sources. Councilman Fox said there would be time to investigate lower cost labor internally to the Town. He asked Lenny Allsbrooks, Principal of Four Peaks School, for clarification where the tennis courts would be located. Mr. Allsbrooks said the Board was asked to put this on an agenda item to discuss the possibility of deeding over that land to the Town to use as an application for another Heritage Grant. There presently were no plans for development of the property north of the wash at Four Peaks School. It would be a great benefit both to the Town and the School District. Two tennis courts were there now and it would be easy to add on. Initial reaction from individuals he had spoken with was favorable. Councilman Minarsich said only Phase I was up for approval which would encompass either Plan A or B. Councilman Clark said he had complaints that there wasn't enough in the park for the youngsters, especially during the summer, unless they were involved in organized sports. Mr. Nordin said the emphasis had been on baseball and/or softball and the fields could be used by anyone, not just those in organized sports. The number one need for the school was for a baseball field and it made sense for the two (2) government entities to work cooperatively. Councilman Clark asked what would be in the park in the next two (2) years and beyond for 2-22 year olds if they were not in organized sports. Newell Roundy, the Consultant, explained the first phase would include a two (2) phase playground in the park and Phase I would include part of that playground. The picnic facilities would also be included in Phase I. Other amenities would include horseshoe pits, combination ampitheatre/skateboard area, tennis courts, playgrounds, rest room/concession, rooms for classes within the building, sand volleyball courts, picnic shelters, 4-plex basketball court, and a botanical/nature walk. The shape of the parcel and washes dictated what could be in the park. Councilman Fox said there would be room for kite flying, frisbee throwing, roller skating and throwing a football. Councilman Clark asked, other than a swimming pool, what would be available for the younger people. Mr. Newell felt a wide diversity had been used in planning the park. Councilman Fox had a concern about the power line over the baseball fields. Mr. Nordin said SRP had an esthetics spun program and the Town would be checking to see if there were enough funds in that account to pay for the relocation of the line, as that size line could not be buried. Mr. Nordin suggested Council approve Phase I and as additional phases came up, they would be brought to the Council for additional input. Councilman Hudson MOVED approval of Phase I. SECONDED by Councilman Clark. A discussion from the public said the high school had a tennis team and the tennis courts should be located there, not at the grammar school. Mr. Allsbrooks said the minimum need was four (4) tennis courts. Vice Mayor O'Brien asked what the minimal acreage for a swimming pool would be and Mr. Roundy said the minimum would be an acre. The pool was not put in because it would be in the flood plane. The cost would vary anywhere from $750,000 to $1,000,000 for an olympic size pool. Mr. Fred Severson, San Carlos, said the project was moving too slow and didn't understand why, if the Town had the money, nothing was being done. Councilman Minarsich said the grant only had $301,000 and the total cost to build the park would be $1.8M which represented the entire budget for the year to run the entire municipality. Mr. Jim Summers, Rosetta, said the park should be managed so that the three baseball fields would be used strictly for baseball, seven (7) days a week and set times when the fields would be used for other activities. Minutes of the Regular Session of the Town Council 02/18/93 Page 6 of 9 Mr. Allsbrooks said the district appreciated the cooperation and help from staff at the Town offices. Dale Gardner, N. Inca, asked if there were plans for shady, covered areas and it was concluded that would definitely be considered. The motion CARRIED unanimously to approve Phase I of the master plan for Golden Eagle Park. Mr. Nordin said it was his intent to use his spending authority in the next two (2) weeks to instruct the consultant to move forward with the Phase I construction contract which would be on the next Council agenda following Mr. Farrells' review. AGENDA ITEM #12. - BEELINE HIGHWAY UPDATE Mr. Nordin said a meeting had been held on the loth and no action had been taken. Mayor Cutillo asked if the Fort McDowell Tribe put the same request forward without an extension and Mr. Nordin said he did not know. Mayor Cutillo recessed the regular Town Council meeting at 8:48 p.m. and declared the public hearing open. AGENDA ITEM #13. - PUBLIC HEARING ON PROPOSED ORDINANCE #93.05 WHICH AMENDS THE TEXT OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REVISING ARTICLE XXIV HILLSIDE DEVELOPMENT STANDARDS AND ADDING LAND DISTURBANCE STANDARDS. THIS PERTAINS TO CHANGING THE TERM "HOUSE" TO "PRIMARY STRUCTURE"; AND ALSO CLARIFIES THE REOUIREMENTS FOR A SITE PLAN Mayor Cutillo asked for public input in favor of or opposition to this request. There was no discussion. Mayor Cutillo closed the public hearing at approximately 8:50 p.m. Mayor Cutillo reconvened the Regular Council Meeting. AGENDA ITEM #14. - CONSIDERATION OF ORDINANCE 93-05AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REVISING ARTICLE XXIV HILLSIDE DEVELOPMENT STANDARDS AND ADDING LAND DISTURBANCE STANDARDS. Councilman Fox MOVED the approval of Ordinance 93-05. SECONDED by Councilman Minarsich. Vice Mayor O'Brien proposed an AMENDMENT that 24.5 G.1., strike the last two (2) sentences beginning with Notwithstanding the above limitations,...". SECONDED by Councilwoman Tibbetts. A vote was taken on the amendment and failed 1-6 with Vice Mayor O'Brien voting aye. A vote was taken on the original amendment, Ordinance 93-05 as stated, and CARRIED unanimously. Minutes of the Regular Session of the Town Council 02/18/93 Page 7 of 9 AGENDA ITEM #15. - PUBLIC HEARING ON THE PROPOSED GENERAL PLAN FOR FOUNTAIN HILLS. Mayor Cutillo called the public hearing open at 8:52 p.m. Mary Petrov, El Pueblo Blvd., asked for clarification on several issues and it was concluded she had and was referring to a different document and she withdrew her question. Doris Dugger said she thought a meeting was going to be held on each phase. Mayor Cutillo said several meetings over the past year were held to discuss the General Plan. Mr. Farrell said there was a final draft for which a 60-day comment period was in place for any comments to be made before the final adoption. Changes that were made were minor and typographical. Mayor Cutillo said this was a public hearing and the Council would not take action tonight to pass the General Plan. Mary Petrov asked for clarification on the 60-day period. Mr. Farrell said it was required by law to be sent to the adjacent jurisdictions for comments and an additional public hearing would be held for additional comments, all comments would be evaluated by the Council and the final General Plan would be adopted. Greg Bielle, MCO Properties, asked for clarification with the new wording on Page 6.8, Goal #7.1 relating to reclaimed waste water. Councilman Clark said there were a couple of words missing and it should read "..of the need to identify" and Mr. Bielle asked what the intent was and if they should respond to the Town on additional sites. He said they do that now in cooperation with the Sanitary District. On page 6-11 under I. "Prepare a Plan of Beneficiary Use of Reclaimed Waste Water", second paragraph, Fountain Hills Sanitary District or the contract owner of reclaimed waste water needed to prepare a reclaimed waste water plant to identify volumes. Mr. Bielle said they currently do that. He asked if they would interface with the Town if this were included in the adoption of the General Plan. Mr. Farrell said the Council could only hear the public comment and would respond to it at a later time. Jack Frazer, 14956 Windyhill Road, wanted to express a concern in regard to McDowell Mountain Park. The Park was a tremendous asset to Fountain Hills and he had reason to be concerned that the integrity of the Park might be in jeopardy. At the present time there were plans for land swaps. Approximately one-third (1/3) of the Park would be excised by the process. Part of the land being considered were two (2) full sections and one (1) Park section immediately north of the northeast section of Fountain Hills. Mr. Frazer would like the Council to put off doing anything with those sections of land until it was determined what was happening with the land swap. Councilman Fox asked how this would affect the integrity of the Park. Mr. Fraser said he didn't know but the land swaps involved ultimate development and many things were unclear. He asked the Council not to annex the section on the basis of development until later. Councilman Clark asked where Mr. Frazer had obtained his information. Mr. Frazer said the two (2) sections were listed in the Federal Register by the Bureau of Land Management which indicated they wished to take it over. The Bureau of Land Management told Mr. Frazer that was done in error, however, those sections were still under consideration for land swapping. It was Mr. Frazer's understanding that surveyors were in the Park now and there had been an article in the paper. Mr. Jeppson said the article in the paper said the Town was looking at the annexation of the state land and the Town was not participating in that effort. Mayor Cutillo called the public meeting closed at 9:09 p.m. AGENDA ITEM #16. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCEL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW. No one came forward. Minutes of the Regular Session of the Town Council 02/18/93 Page 8 of 9 AGENDA ITEM #17. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:10 p.m. TOWN OF FOUNTAIN HILLS By: J M. Cutillo, Mayor ATTEST: LAX", Cassie B. Hansen, Town Clerk PREPARED BY: lr ,1ty Marcia M. Jewett, Admin. A-sZZ CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 18th day of February 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this I �. day of March 1993. oj"'I' LA� Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 02/18/93 Page 9 of 9