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1.
City Council Combined Work Session/Special Meeting - AMENDED
Meeting Date:
11/09/2021
From:
Kevin Fincel, Deputy City Attorney

TITLE:

Request from Lowell Observatory for letter from City Council supporting proposed bill regarding Section 17.

STAFF RECOMMENDED ACTION:

Staff has no recommendation for this item. 

Executive Summary:

Lowell Observatory, a non-profit research and educational institution located in Flagstaff, owns a 640-acre parcel of land formally identified as "section 17, Township 21 north of range 7 east of the Gila and Salt River base and meridian in Coconino County, Arizona", hereby referred to as Section 17. Section 17 was deeded to Lowell Observatory in 1910 by the United States Congress with certain federal encumbrances related to the permitted use of the land. While Section 17 is owned by the Observatory, if the land is not used for observatory purposes, the land would revert to the federal government.

City staff and representatives from Lowell Observatory will discuss Section 17 and the draft bill that Lowell intends to introduce to remove the observatory purposes limitation that currently applies to Section 17. Lowell Observatory is requesting a letter of support from the Flagstaff City Council for this bill.

A draft of the bill, as well as a draft letter of support, are included as attachments in the agenda packet.

Financial Impact:

None. 

Policy Impact:

None. 

Connection to PBB Key Community Priorities/Objectives & Regional Plan:

N/A

Previous Council Decision on This:

On February 4, 2020, the Flagstaff City Council approved a letter of support of S. 242 and H.R. 401, the "Lowell Observatory Conveyance Act" to support Lowell Observatory in its efforts to improve its capacity for science and outreach. However, the proposed "Lowell Observatory Conveyance Act" was not passed by Congress. On February 2, 2021, Lowell Observatory provided the Flagstaff City Council and the public with an overview of the history of Section 17 and discussed its intention for a revised bill. The Council requested that further discussion be had once the bill language had been drafted.

During the October 26, 2021 Council meeting, the Flagstaff City Council discussed the proposed bill and Lowell's intention to expand the use of Section 17 beyond "observatory purposes," with any such expansion guided by a public planning process and development of a binding planning document that will require City Council approval. The City Council directed staff to come back at a future meeting with options Council can consider to provide additional "guardrails" for Lowell's plans for Section 17. Staff will present the requested options at the November 9 meeting.   

Attachments