Carefree Truth

Issue #372, February 9 , 2015

 

 

Jim Van Allen approached the podium during Call to the Public.  Despite being reminded that Call to the Public was reserved for non agenda items and that his speaker slip was marked for agenda item #11, the Butte/ASU Resolution, he chose to continue speaking at that point.  Mr. Van Allen urged the Council to postpone a vote on the Resolution, saying citizens deserve a vote, and that other locations need to be considered.  He suggested a 5000 square foot gallery on Easy Street that he said may or may not be for sale at this time.  He also claimed there is an offer to ASU for a 9-10,000 square foot space at 99 Easy Street.  Mr. Van Allen said that many businesses on Easy Street were closed on Sunday, now, at the height of the Season, and asked if they might have been open had ASU been in the middle of Easy Street.  He also pointed out that Council members disagree and have been quoting very differing numbers that can't be confirmed.

 

 

 

Mayor Schwan began the discussion on agenda #11 by stating that although legal advice is generally given in closed session, he felt it should be public in this case, and asked Town Attorney Mike Wright to proceed before Councilwoman Melissa Price gave her planned presentation.  Mr. Wright explained that Resolution 2015-02, which encourages and supports Ed Lewis' efforts to begin exploring fundraising opportunities, and Arizona State University (ASU) to begin a needs assessment to determine the citizens' desires for programing in the Cultural Center, was prepared by the Mayor and the Town.  Butte Companies subsequently submitted a 2 page Resolution #Blank.  Ms. Price interjected, "And ASU."  Mr. Wright noted, "It doesn't say that on here", and went on to state that he has two serious problems with the second Resolution. 

 

 

 

He explained that resolutions are binding legislative actions.  Resolution #Blank looks tantamount to achieving what State Statute ARS 9-1201 calls a "protective development right", wherein a landowner can submit a plan to obtain a protected development right.  If signed, it would constitute a binding commitment on the Town in a number of areas that are "vague, ambiguous, and not set forth in specific detail".  Neither Butte nor ASU are signatories to this document.  Mr. Wright advised the Council to consider Resolution 2015-02, which does not rise to the level of creating a protected development right, and advised that Resolution #Blank should not be signed or considered.  Whoever prepared the document recognizes that the details for a plan are not provided, saying the plans must be solidified by June 15th, 2015.  This hamstrings the Council's hands moving forward.  Mr. Wright repeated his legal advice not to sign Resolution #Blank, but to entertain and sign Resolution #2015-02 as submitted.

 

 

 

Councilman Glenn Miller noted that the Town requested a resolution from Ed Lewis.  Councilman Mike Farrar said that part of the request was to make it open ended enough that it wouldn't do what our legal advisor says this does, and that he had the same concerns when he read it.  Ms. Price said that ASU and Butte have made it very clear that they will not proceed without an endorsement from the Town.  Mr. Farrar said that was incorrect, that he had not seen any document from ASU to that effect.  When they were here, they asked for the ability to solicit the community about potential programming.  That was granted in Gordon Knox' office over 6 months ago, and #2015-02 ratifies that in a resolution.  

 

 

 

Vice Mayor Les Peterson said it sounds like Ed Lewis' "going in proposal" to the Town; the start of negotiations, as opposed to agreed upon and finalized, and asked if it is binding.  A lot of negotiations from both sides are still needed for this to be acceptable to the Town.  Mr. Wright answered that, if signed, it would be tantamount to a protected development right, and binds the Town.

 

 

 

Mr. Wright asked Gary Neiss to put the version of Resolution #Blank that he red lined up on the screen.  This can be seen in the video at 13 minutes and 23 seconds.  In part it read, "Butte and ASU proposal requires the Council of Carefree to work exclusively with Butte and ASU to move forward with development of a final design and cost of said ASU/Carefree Cultural Center of approximately 12,000 sf on the Easy Street South property owned by Butte, and that the Town fund the costs of the completed building with a pre-purchase contract to be negotiated with Butte." 

 

 

 

 

Mr. Farrar asked if the Town would have any legal redress.  He felt that a 3 way agreement is needed, spelling out the specifics of what the Town, Ed Lewis, and ASU are obligated to do to move forward, but without these implacable terms and conditions.

 

 

 

Vice Mayor Peterson asked for confirmation that the many red lined sections were Mr. Wright's and that the blue lettering added was simply to make it grammatically correct with the changes.  Mr. Wright said that was correct, and asked Mr. Neiss to put on screen the Town's Resolution for contrast, which can be seen at 14:12 on the video.  Mr. Wright said that the red lined document troubles him substantially.

 

 

 

Councilman John Crane asked if Butte should have a contract by June.  Mr. Wright answered no, that they should come back with a development agreement.  The parties have 6 months to work one up, at which point, all would sign it.  Mr. Miller again said that no resolution content instructions were giving to Butte.  Mayor Schwan replied that Mr. Lewis did not ask the Town or the Town Attorney for advice. 

 

 

 

Ms. Price repeated that ASU and Butte have made it very clear that they are not willing to develop the proposed projects without an endorsement.  The Mayor asked her to define "endorsement".  She replied, "Exactly what they placed in front of you with  #Blank Resolution."   Butte says all the plans for the Cultural Center must be solidified by June, 2015, and that he'd given the Council a timeline.  We're in season for fundraising efforts.  "Delay is the deadliest form of denial."  Mr. Farrar said, "So is being cavalier and irresponsible," calling Resolution #Blank, "very vague".  He felt that Resolution #2015-02 does demonstrate support. 

 

 

 

Ms. Price asked, "So, you're willing for them to walk away, because I submitted", at which point Mr. Farrar interjected, "That's not what ASU said."  Ms. Price continued, "I submitted the Mayor's words that he wanted in the resolution.  That is not what is in this resolution (submitted by Butte)."  Mr. Farrar countered that it was very clear in the minutes of the last meeting how the Mayor and Kirsten (Brown, Mr. Lewis' daughter, and the V.P. of Butte) regarded how this resolution would come about.  Make it open ended but still accomplish the goals of inviting ASU to come up here.

 

 

 

Mr. Wright asked Mr. Neiss to read Resolution #Blank with his red lined redactions.  This can be seen at 19:37 on the video.  Mr. Wright said both the Resolution proposed by the Town, or Butte's version that he "cleaned up", would allow the project and the negotiations to move forward.  Either would do what the Town can do at this point, mainly encourage this "ball game to get going".  Mr. Miller asked why the Council hadn't gotten the red lined version.  Mayor Schwan explained that the Town got Mr. Lewis' resolution very late, and that Mr. Wright has limited time.  Mr. Wright said he worked on it at 5 AM that morning. 

 

 

 

Mr. Wright again noted that the 3rd "Whereas" requires the Town Council to work "EXCLUSIVELY" (Mr. Wright's emphasis) with Butte and ASU to move forward, saying there is all kinds of language in this proposed resolution that, if signed, would bind the Town.  "Any other options are off the table."  Ms. Price said that Butte brought ASU to Carefree.  They worked on it for 2 years and won't continue.  Vice Mayor Peterson asked Mr. Neiss to put the Resolution on the screen that was passed by the Council late last summer, pointing out that a strong resolution requested by Butte and ASU has already been passed.           

 

http://vimeo.com/user18676056/review/118934669/5da1621ae9

 

 

Lyn Hitchon

 

 

 

Prepared by Carefree Truth

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