The Scottsdale Budget Review Commission on April 11 voted to forward two recommendations to City Council on the proposed Rio Verde wildlife crossing: adopt a $250,000 feasibility study funded from preserve funds and move the project’s $35,000,000 construction allocation out of the five‑year capital improvement plan until the feasibility study is complete and staff and council decide next steps.

The commission’s recommendation was accompanied by a legal caveat: the feasibility study spending will proceed only if the city attorney determines the proposed use is an allowable expenditure from the preserve fund. City Attorney Sherry Scott told the commission she had “no concern with the motion as worded” and that legal advice would be provided to the council as it considers the commission’s recommendation.

Why it matters: The Rio Verde crossing has been the subject of differing views on scope and necessity. Commissioners said they want factual analysis — cost estimates, design options and siting study — before committing major construction funds. Commissioner Newman moved the feasibility‑study allocation, and Commissioner Carla seconded; the commission approved the two recommendations and added the legal caveat before forwarding them to council.

Commission discussion and public comment: Commissioners described widely differing views on what the Rio Verde project might include and emphasized the need for firm data. Commissioner Newman said the motion was to “move approximately $250,000 to be used for the feasibility study as scoped” and to reclassify the $35,000,000 construction line as a “future project” until the study is complete. The commission debated whether to make the recommendation contingent on a legal finding; several members said they would not support recommending the $250,000 expenditure without the attorney’s sign‑off. The city attorney and the budget director both advised the commission that if the city attorney finds the expenditure is not an allowable use of preserve fund dollars, staff will not move forward with spending.

A public speaker, Sonnie Kirtley of the Coalition of Greater Scottsdale (COGS), urged approval. “The feasibility study is golden. So let’s get it done,” she told commissioners during the item’s public comment period.

Votes at a glance (formal outcomes recorded in the transcript):
- Rio Verde wildlife crossing: Commission voted to forward the two recommendations (approve feasibility study funding of approximately $250,000 from preserve funds; move $35,000,000 construction allocation to the “future” column) with the caveat that any spending must be determined by the city attorney to be an allowable preserve‑fund expenditure (motion by Commissioner Newman; second by Commissioner Carla; outcome: approved by the commission). The city attorney stated she had no objection to forwarding the recommendation to council for review.
- Preserve tax suspension (02/2004 temporary 0.15 reserve sales tax): Commission recommended council consider suspending the 0.15 preserve tax once preserved debt and liabilities are repaid or provided for; motion carried 7–0.
- Sales‑tax on groceries (1.7% grocery tax): Commission voted 5–2 to forward an advisory that Council consider suspending the city’s 1.7% tax on groceries (recorded tally: 5–2).
- Bartlett Dam: Commission voted unanimously to recommend council “consider how to ascertain and mitigate the city’s ultimate financial liability” for the Bartlett Dam modification/raise project (unanimous vote recorded in the transcript).
- Water advanced purification/recycled water (items tied to a potential $17M → $68M scale): The commission chose the wording of item 6 to capture the essence of concerns and approved that advisory; item 6 was recorded as approved 6–1.
- Granite Reef Senior Center: Commission approved an advisory asking council to determine programmatic and community impacts of building, staffing and operating an adult care facility; motion passed unanimously.
- Cactus Pools replacement (large CIP): Commission recommended moving the project to the “future” column (not in the five‑year horizon) so staff can do a feasibility study; motion recorded 7–0.

What the commission asked council to do next: Forward the commission’s recommendations and instructions to staff: (1) authorize or consider funding a feasibility study (subject to a legal finding on preserve‑fund eligibility); (2) treat the $35,000,000 construction allocation as a future project until feasibility and legal guidance are complete; and (3) review other CIP and revenue items the commission flagged for future study and prioritization in the months ahead. The commission also designated Commissioner Stevens (working with staff and the chair) to draft the final report to council and to present alongside the chair and vice chair at the April 22 work session.

Clarifying details:
- Study amount: approximately $250,000 (motion text as presented to the commission).
- Construction allocation moved: $35,000,000 (the current five‑year CIP number for the Rio Verde overpass was moved to the “future” column pending the feasibility study).
- Funding source: preserve fund / reserve department’s funds (commissioners repeatedly raised legal limits on preserve‑fund expenditures and requested that the attorney confirm permissibility before any money is spent).

Ending: The commission emphasized that its recommendation is a request to City Council and not an authorization to spend. The city attorney will provide Council with legal advice about preserve‑fund eligibility; if the attorney determines the feasibility study is not an allowable preserve fund expenditure, staff indicated it will not spend the requested $250,000.