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HomeMy WebLinkAboutPackets - Council Packets (1554) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION August 23, 1999 11,000 N. La Canada Drive Oro Valley, Arizona STUDY SESSION —AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL 1. Discussion regarding expanding Town Council membership from 5 to 7 2. Discussion regarding Landscaping Plan for La Canada Drive Median 3. Discussion regarding a draft Ordinance amending Section 3-6-1 of the Oro Valley Town Code regarding the rotation of Chairs of Advisory Groups. 4. Discussion regarding amending the Town Council Policies and Procedures, Section III —Agendas, regarding production of agenda packets two weeks prior to regular council meetings and Agenda Management Discussion. ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. POSTED: 8-20-99 4:30 p.m. rg TOWN OF ORO VALLEY STUDY SESSION COUNCIL COMMUNICATION MEETING DATE: August 23 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: Consideration of increasing Council membership from five to seven SUMMARY: ARS 9-231B provides that "If the population exceeds fifteen hundred as determined by the latest official United States census, the council may pass an ordinance increasing the membership to seven with the additional two members to be elected at the first election subsequent to the passage of the ordinance." During your Retreat held on June 5th, discussion took place regarding increasing the membership of the Town Council from five to seven members. At the request of Council Member Parisi, this item is before you for further discussion. If the Council determines that it is beneficial to increase the membership to seven, the Council should adopt an ordinance to that effect. As long as the ordinance is adopted (and becomes effective) prior to October 15''', there will be sufficient time to add the additional two offices on the ballot for our spring 2000 Election Out of 87 cities/towns, 11 have five council members: Oro Valley (25,455) Fredonia(1,250) Clarkdale (2,600) Wellton(1,126) Springerville (1,920) Patagonia(945) Pima(1,850) Duncan(735) • Tombstone (1,405) Winkelman(676) Jerome (460) ATTACHMENTS: 1. Copy of ARS 9-231 2. Survey of other cities/towns showing number of Council Members 3. Council comments made during the Retreat of June 5th to► ent He.. ' Town Manager fe • ,+' '.i. +. '• ��.'4,,s,„'v.• 'ea .'#tn#^{• 1.i•' 'KF '-`,i 1' ,��it `Fr y,y ?'(,.'•�;' '3: . `• Ae.'.. T. t. r. t �71�'n1' .-R4 1y�,'.}C?,.�:J i.Sr ! y w Sp,. �'1F.t .{a ,3-..•.!,04..:,...,,.--; - 5e�� I. ' 1 r<�”fy �i 73�;fAt L I,3:.•T�� ,.../.:4-'...4:-.-.;:' S � y rt..�f r 1 `FORM OF GOVERNMENT § 9-231 .fit, a �`= tenor of the contract or obligation by which they were contracted or the d.: '. idebtedness incurred, and for the collection of any indebtedness due the 1 t ?-. Corporation. `�` � B. Nothingin this section shall be construed as compelling recognition of o } .,,, p g ; :...''•1 Contracts made by the mayor or common council subsequent to the petition for , , •disinco oration made to the board of supervisors, asprovided bythis article, ' t. . -� � p . .. • . : :wa xnd prior to a vote being taken thereon. . ;' •� 11....,,S.',.0`., Historical and Statutory Notes j) s' -,,z3:Same: Rev.Code 1928, § 366. P %/,; .. z-v;,'C1v.Code 1901, § 464. Code 1939, § 16-116. t • `}`1,'r Clv.Code 1913, § 1821. -t-.)i:. Library References IT 1, • ,,,,Municipal Corporations a51. •• _ r•:wESTLAW Topic No. 268. ; ! • .. •p Com.. 4, '• •CJ.S. Municipal Corporations §§ 103 to 105. r: .� '` ARTICLE 3. TOWN INCORPORATED UNDER f • - - COMMON COUNCIL GOVERNMENT .. ' ' Cross References . illation of towns, see § 9-121. "'-§ 9-231. Common council; date of election , • ' '�''�` The corporatepowers of a town incorporated under theprovisions of � rP rP i ._ . • 9-101 shall be vested in a common council. The first common council shall 1. , be appointed by the board of supervisors, upon declaring the town incorporat- '-. `ed, and they shall continue in office until their successors are elected and s , .qualified. The successors shall be elected by qualified electors residing in the • town at an election held for that purpose on the third Tuesday in May i'llowing, and on the third Tuesday in May each two years thereafter, unless ..d until the date of such election is changed pursuant to the provisions of c subsection C of this section. • `�r.s:B. The common council of every town shall consist of five members if the population is less than fifteen hundred, or seven members if the population • ;`exceeds fifteen hundred at the time of incorporation. If thereafter the popula- • •:l aion of such town exceeds fifteen hundred as determined by the latest official . ,. nited States census, the council may pass an ordinance increasing the mem- -..- hi t, . p to seven with the additional two members to be elected at the first Y ,:'election subsequent to the passage of the ordinance. # d -• t. . - ,' '`•J,;. C. Notwithstanding any other statute, a city or town may by ordinance y,;;. ;:provide for the general election to be held on any date, excluding Sundays and d • .'hdays, between the first Monday in January and the third Tuesday in May, e .mmencing with the general election to be held in the second year after the • t.., 43 ,; -. . . • , r - • § 9-231 CITIES AND TOWNS :�' FO: 'r Title 9 ` - first election subsequent to the adoption of such ordinance, and in every second �_ ''.:,c 4.1. 3• ' year thereafter. . ' w t. Amended by Laws 1959 Ch. 4Laws 1974 Ch. 54 1 f.�..•. g 6 , § 1, Laws 1969, Ch. 36, § 2, , § , ,;;:. resi eft. May 1, 1974; Laws 1981, Ch. 101, § 1. . '. , yy 'f, C ' Tt.:-.3;:: § Historical and Statutory Notes „�.x...`._• ''..../,'':..i,17; A Source: Laws 1974, Ch. 54, § 2 provides: "Cities and .!:-Tiz Civ.Code 1901, § 539. towns which have scheduled elections prior to :a. +-_ tim Laws 1907, Ch. 39, § 1. the effective date of this act for 1974 shall not - At,At .= resi Civ.Code 1913, § 1825. A::-_ Rev.Code 1928, § 369. be required to comply with the provisions of ,, :�, the this act for such 1974 elections. e •-,,,,-,. Code 1939, § 16-203. �;� ann =i,,”, the •Constitutional Provisions -t= If a Article 7, § 15 requires that persons elected be qualified electors of the political division or `''. ' met or appointed to elective office of trust or profit municipality in which they are elected. • `', ;-4=_ the j B Cross References - ••,.:,-- *- yea I Cities or towns in more than one county, incorporation, see § 9-131. .---i'*- - ri, upc Consolidation of towns, appointment of council, see § 9-121. .. Elections and voters, see Const. Art. 7, § 1 et seq.; § 9-821 et seq. - .,7„,-.,-;,. offi, Conduct of elections, see § 16-211 et seq. 'i'"' . C Registration and qualifications of voters, see § 16-101 et seq. ':•ti ::., app • •' '��-' Law Review Commentaries *2-r- Amc •;'-•,�"• 198'. Public regulation of private land use. Milton • . R. Schroeder, Law & Soc. Order, 1973, p. 747. :1,17::;,-- Library References • : Sour 4;r1' .i.,, Municipal Corporations 0.360, 129, 130. C.J.S. Municipal Corporations §§ 142, 153, >;; L WESTLAW Topic No. 268. 468 to 472. ..-.,..`, I I Notes of Decisions -t Continuance in office 3 administer local and internal affairs of the corn- ;1t','_ Pubi. Nature of towns 1 munity. Town of Gila Bend v. Hughes (App. . 'h Powers of council 2 1970) 13 Ariz.App. 447, 477 P.2d 566. 'r' Where town clerk, who was also its chief •;;:o"s,. administrative officer, obtained individual con- • ... 1. Nature of towns fi: sent of mayor and members of common council .;•!;-,c-7`�' Ordinary municipal corporations, such as to attend a convention of secretaries of cham- '`S Y= Mt towns and cities, are voluntary corporations or- bers of commerce and to represent the town at WI ganized on the initiative and b• the approval ofreturningtown clerk ,f:,` . y pp such meeting and while the inhabitants for special and local purposes, was killed in an airplane accident, action of independent of general governmental activities common council in ratifying trip and expenses -:.-r;; of the state. Associated Dairy Products Co. v. involved was clearly within the power of council t'.-e Page (1949) 68 Ariz. 393, 206 P.2d 1041. and furnished formal legal foundation to consti- .:- Vaca -•`:�• :t tute business activity in which deceased was s;.•! 2. Powers of council , '"4. engaged at time of his death as being in course . 1. 1 See, also, Notes of Decisions under § 9-240. of his employment. Gardner v. Industrial 4 Com'n (1951) 72 Ariz. 274, 233 P.2d 833. Du Powers of cities and towns are limited to '•;..-.`� to a those which are conferred upon them, and the Corporate powers of town of Holbrook were .•. f :e �i: purpose of investing these subordinate powers vested in a common council as provided by ='; in a municipal corporation is to assist the civil Code 1939, § 16-203. Gardner v. Industrial _ '-:?''r.. government of the state and to regulate and Com'n (1951) 72 Ariz. 274, 233 P.2d 833. -k'r- 44 , r !' i • ..'--_---e--arm-...--.- ...„---.....�ssteer - .. - City/Town Population Mayor Council # of Council Members Phoenix 1,149,417 3125 2833 Mayor+ 8 Tucson 442,910 3000 1500 Mayor + 6 Mesa 338,117 1600 800 Mayor 6 Glendale 182,615 2917 1458 Mayor + 6 Scottsdale 168,176 2123 1061 Mayor + 6 Tempe 153,821 2472 1237 Mayor + 6 Chandler 132,360 900 500 Mayor + 6 Peoria 74,565 1100 816 Mayor + 6 Yuma 60,547 1000 300 Mayor + 6 Gilbert 59,338 1300 400 Mayor + 6 Flagstaff 54,480 450 300 Mayor + 6 Sierra Vista 37,815 400 200 Mayor + 6 Lake Havasu City 36,285 950 650 Mayor + 6 Prescott 30,606 500 300 Mayor + 6 Y Bullhead City 26,940 400 200 Mayor + 6 Oro Valley 25,455 0 0 Mayor + 4 Avondale 22,771 400 200 Mayor + 6 Casa Grande 20,880 400 200 Mayor + 6 Nogales 20,655 50 25 Mayor + 6 Apache Junction 19,525 - 600 400 Mayor+ 6 Kingman 16,769 800 500 Mayor + 6 Prescott Valley 16,043 700 400 Mayor + 6 Douglas 14,780 300 200 Mayor+ 6 Fountain Hills 14,146 400, 300 Mayor+ 6 Paradise Valley 12,448 0� Y 0 Mayor + 6 Florence 11,390 0" 0 Mayor+ 6 Payson 11,004 500 250 Mayor + 6 Winslow 10,780 400 200 Mayor + 6 Surprise 10,737 300 200 Mayor + 6 Goodyear 9,250 1200 330 Mayor+ 6 Eloy 8,915 ' 400' 300 Mayor+ 6 Sedona 8,894 3000 1800 Mayor+ 6 Safford 8,773 800' 400 Mayor+ 6 San Luis 8,026 400 200 Mayor+ 6 Page 7,950 400 300 Mayor + 6 Camp Verde 7,465 0 0 Mayor + 6 Globe 7,058 200 100 Mayor + 6 Coolidge 7,055 200 100 Mayor + 6 Show Low 6,988 f 375 225 Mayor + 6 Cottonwood 6,545 250 150~ Mayor + 6 Bisbee 6,500 200 100 Mayor + 6 Chino Valley 6,278 200 100 Mayor + 6 Somerton 5,824 300 150 Mayor + 6 El Mirage 5,741 300 200 Mayor + 6 9 Guadalupe 5,458 200 100 Mayor + 5 South Tucson 5,452 400 200 Mayor + 6 , Marana 5,309 0 0 Mayor + 6 Holbrook 5,070 200 100 Mayor + 6 250' Buckeye 4,857 150 Mayor + 6 Wickenburg 4,765 400 200 Mayor + 6 Eagar 4,515 200 100 Mayor + 6 Tolleson 4,436 540 300 Mayor + 6 Snowflake 4,120 200 100' Mayor + 6 Benson 4,115 200, 100 Mayor + 6 Thatcher 3,957 ' 200' 150 Mayor + 6 Litchfield Park 3,739 0� 0 Mayor + 6 , Y , Willcox 3,533 200 100 Mayor + 6 Superior 3,485 250 100 Mayor + 6 St. Johns 3,360 0 0 Mayor + 6 Pinetop-Lakeside 3,301 475 250 Mayor + 6 Colorado City3,190 1768, 10 Mayor + 6 Cave Creek 3,076 0 0 Mayor + 6 Queen Creek 3,072 0' 0 Mayor + 6 Clifton 2,995 200 100 Mayor+ 6 Parker 2,950 , 225 125 Mayor + 6 Youngtown 2,694 250 200 Mayor+ 6 Williams 2,690 200 100 Mayor + 6 Taylor 2,655 250 40 Mayor + 5 Clarkdale 2,600 0 0 Mayor + 4 Kearny 2,455 _ 0 0 Mayor + 6 Carefree 2,286 0 0 Mayor+ 6 Sahuarita 2,173 0 0' Mayor + 6 Miami 2,040 150 75 Mayor + 6 Quartzsite 2,005 500 400 Mayor+ 6 Mammoth 1,960 0 0 Mayor+ 6 Huachuca City 1,940 100 50 Mayor + 6 Springerville 1,920 400 250 Mayor + 4 Pima 1,850 ' 50 50 Mayor + 4 Gila Bend 1,747 400 25 Mayor + 6 Tombstone 1,405 250 150 Mayor + 4 Fredonia 1,250 1000 60 Mayor + 4 - - Wellton 1,126 250 150T Mayor + 4 Patagonia 945 Information Not Available Mayor+ 4 9 Y Hayden 910 0 0 Mayor + 6 Duncan 735 0 0 Mayor + 4 Winkelman 676 0 0 Mayor + 3 Jerome 460 0 0 Mayor + 4 Council StudySession/Retreat 3 06/05/99 COMMUNITY ECONOMIC DEVELOPMENT STRATEGY (MAYOR LOOMIS) Discussion followed regarding Community Economic Development strategies that should be consistent and will remain consistent in the future. Must balance between business, economic development and maintain a high quality of life. The east side of Oracle should remain open space. It is important to make sure the infrastructure is in place P before development occurs. Update the Economic Development Document that was issued in 1997. ------> CHANGING COUNCIL MEMBERSHIP FROM 5 TO 7 MEMBERS (VICE MAYOR JOHNSON) Members of the Council discussed the merits of increasing from a 5 to 7 member Council. Eleven out of 87 cities/towns have 5 council members. Populations range from a highY) Vall455 25f o (Oroe to a low of 460 (Jerome). It was discussed that in order to accomplish this in Oro Valley, Council will have to adopt an Ordinance by September 1, p Y 1999 so that the membership increase becomes effective at the March 2000 election. AGENDA MANAGEMENT Members of the Council discussed the suggestions submitted by the Town Clerk and Town Attorney regarding managing items placed on the agenda and the importance tance of keeping order during meetings. It was suggested that staff look into distributing packet t materials to the Council 2 weeksP rior to each regular meeting to give ample time for review. Discussion followed regarding scheduling a retreat after every election and on an annual � g basis forg oal setting. Discussion also followed regarding having a retreat whenever necessary, not just on an annual basis. Meeting adjourned at 11:45 a.m. Respectfully submitted, Mti7ti— e("1"444 Kathryn E. Cuvelier, CMC Town Clerk 06/05/99 Notes from Facilitator--Nina Trasoff 5 • Need to plan for future—20 years down the road. Paul Parisi: • Tha t is the planningTown should do for area businesses, standards must be consistent. Fran LaSala: • Work withthe Chamber. Work with businesses that are here--aim for diversity. Wayne Bryant: • Infrastructure must be there first. Paul Parisi: • Agreed with Wayne Bryant about infrastructure. • Communities Facilities Districts can be used as an incentive. Commonalities: Need solid consistent standards that balance tax and quality of life. Update Economic Development Strategies. CHANGING COUNCIL MEMBERSHIP FROM 5 TO 7 MEMBERS Dick Johnson: • OV is largest Town to have only 5 council members. Fran LaSala: • Agrees. Wayne Bryant: • Wants Ward system. Fran LaSala: • Then you get people only interested in their area. Wayne Bryant: • Harder to build concensus. Paul Parisi: • Agrees. • Also harder to get qualified candidates • You get things done with smaller number • If we pay,that much more to spend Dick Johnson: • Quality: people don't run because of the way they're attacked. • We're getting to civility. 06/05/99 Notes from Facilitator--Nina Trasoff 6 • Diversity is the key. • Time is now to make that decision. Wayne Bryant: • Look at Tucson—can't get anything done. Paul Loomis: • Undecided--League of Towns suggested 7 as greater diversity. • Now that he has worked with 5 --not sure • Wants to do more research. Wayne Bryant: • Added staff time • Longer meetings Town Manager Chuck Sweet: • Some additional time-but depends on quality/type of person in office. • If micromanage then it's a problem • If policy makers, no difference. Town Clerk Kathryn Cuvelier: • Agrees with Town Manager • Time of council meetings depends on chair Do fact finding in time to decide for March 2000 ballot—examine by sector/ward, ratio of staff to counci/merits/disadvantages budget. AGENDA MANAGEMENT Paul Parisi: • OK as is. • Must have order in system—It may take awhile, but certain control must be there. • Would like to see more different topics on agenda. Dick Johnson: • His concern is what we do with current items. • We all have to watch what kinds of questions/statements we make. • Shouldn't politicize things. • Consent Agenda—perhaps we need to define what goes on it—ie administrative issues Council shouldn't have to deal with. Wayne Bryant: • Wants to pull some things off of consent agenda for public perusal. • Any major ticket item should be in public. MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 23, 1999 SUBJ: Staff Impact- Expansion of Town Council from 5 to 7 The possible expansion of the Town Council from five to seven members would have an expected appropriate impact on staff time and resources. The following is a list of impacts anticipated should the Council decide to expand the membership for the Oro Valley Town Council with the election in March 2000: • Meeting Agendas and Packet material preparation will have a minimal impact on the Manager and Town Clerk's office personnel. • Council Member inquiries to the Manager's office will increase proportionally depending upon the individuals elected to the two new Council positions. • Council Liaison responsibilities could be spread between seven members instead of five members, but could impact staff time and resources to some limited degree. Other considerations that are more of an indirect impact on staff resources that should be considered include: • Quorum needed. • Super majority vote calculation • Council member space needs • Budget impact for additional Council Member travel, training &salary Recommendation: Although there definitely would be an impact on staff resources if two additional Council Members were added, it is my professional recommendation that the Town Council view this action as a positive move for our community. Oro Valley population is expected to be close to 30,000 citizens by the time the 2000 Census is completed, which I believe deserves representation from seven elected officials to set policy for Oro Valley's future. Thank you. / CHUCK SWEET TOWN MANAGER TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: August 23, 1999 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Landscaping Plan for La Canada Drive Median SUMMARY: In March of 1999, the Canada Hills Community Association (CHCA) informed the Town that they would no longer be providing maintenance on the median within the La Canada Drive median. Since March, the town has performed minimal maintenance of the median by removing dead scrubs, trimming broken tree limbs from storm damage, and removing trash. The intent of this evening Study Session agenda item is to discuss with Council the long term plan for the maintenance of La Canada Drive median that will meet the goals of the majorityof the Town Council. Attached to this Council Communication is a June 3rd, 1999 Memorandum, which discusses the issue and has attached a proposal from Don McGann with respect to landscape architectural services related to this project. ATTACHMENTS: 1. June 3n0, 1999 Town Manager memorandum to the Town Council. 2. May 20th, 1999 Proposal from McGann & Associates reference La Canada Drive Median. O'd; 4 Town Manage MEMORANDUM TO: Mayor & Council FROM: Chuck Sweet � Town Manager DATE: June 3, 1999 RE: La Canada Drive Median Proposal When the Canada Hills area was developed in the 80s, the Canada Hills Development Company installed the existing median landscaping on La Canada Drive between Naranja Drive and Lambert Lane. This installation was done without a license agreement with the Town. The Canada Hills Community Association (CHCA) maintained the medians until March of 1999. On March 8, 1999, CHCA notified the Town that they would no longer be providing maintenance on the medians. The Association strongly recommended that the Town assume responsibility and continue to maintain the medians "...in the same attractive appearance as they have been maintained in the past." The Town currently does not have a policy in place to address the assumption of developer constructed landscaping in the Town right-of-way. Although Council has not adopted a specific policy regarding this issue, it is necessary to address the La Canada Drive medians due to the lack of maintenance in this highly visible area. The Town must proceed carefully due to the many miles of existing right-of-way installed and maintained by developers and/or HOAs. Setting a precedent for similar requests in the future is a consideration. In this case, the La Canada medians are of particular interest due to the close proximity to the Hall and the lack of a license agreement. Attached you will find a proposal by Don McGann, of McGann & Associates Landscape Architects and Planners, which outlines modifications to the La Canada Drive right-of way. The primary focus of this proposal is (1) the reduction of water consumption and (2) the reduction of on-going median maintenance. The plan calls for the removal of all shrubs and ground cover plants that require irrigation. All existing cacti and other drought tolerant plants will be retained. This will fulfill the Town's commitment to utilizing native species that do not need water. The plan allows for the retention of the existing mesquite and acacia trees in the median area. Although these trees will require a minimum amount of water and maintenance, the benefit of retaining the plants as opposed to removal is significant. These trees act as the entry treatment for the Town Hall and are a source of pride within the community. The goal of this plan is to strike a reasonable balance. The trees, the most visible and significant resource on the medians, are retained with minimal water usage while the high maintenance plants are removed. Upon your review, I would appreciate your feedback concerning this plan submitted by Don McGann. Attachment (1) Cc: Ainsley Reeder, Parks & Recreation Administrator Bill Jansen, Town Engineer McGann & Associates Landscape Architects and Planners 6814 North Oracle Road, Suite 210 Tucson,Arizona 85 704 (520)297-9540 Fax: (520)29 7-9545 May 20, 1999 Ainsley Reeder Parks and Recreation Administrator Town of Oro Valley 680 West Calle Concordia Oro Valley, Arizona 85737 Ref: La Canada Drive, Lambert Lane to Naranja Drive Right-of-Way Landscape and Irrigation Improvements Dear Ainsley, McGann&Associates is pleased to submit this proposal for professional landscape architectural services related to the above referenced project. The services to be provided and the conditions of this proposal are as follows: PROJECT DESCRIPTION This project involves the preparation of plans and specifications for modifications to the La Canada Drive right-of-way landscape improvements. The modifications will be based on the design assumptions outlined in Attachment A. SERVICES TO BE PROVIDED BY McGANN&ASSOCIATES INC. Task One: Site Inspection-Coordination Meeting McGann&Associates will coordinate one meeting with the Town of Oro Valley staff. It is anticipated that the meeting will involve representatives from the Planning Department, the Parks and Recreation Department, the Public Works Department, the Police Department, and the Water Utility. The purpose of this meeting will be to brief staff on Council Directives and to provide a general overview of proposed modifications. To prepare for this meeting, an inspection of the site will be conducted to document existing site conditions. Task Two: Preliminary Plans McGann &Associates shall prepare Preliminary Plans for the proposed modifications. The plans shall indicate:existing plants to remain, existing plants to be removed, irrigation system components to be repaired, and irrigation system components to be removed/abandoned. Five(5) sets of blueline prints shall be submitted to the Town for review. Task Three: Final Plans, Specifications, and Estimate McGann &Associates shall integrate comments received from the Town and shall prepare final plans, specifications, and cost estimates for the proposed improvements/modifications. One (1) set of vellum plots of the final drawings, and one original of the specifications and cost estimate shall be provided to the Town. Ainsley Reeder May 20, 1999 Page 2 INFORMATION AND SERVICES TO BE PROVIDED BY THE TOWN OF ORO VALLEY The Town of Oro Valley shall provide the following information and services: • As-built drawings for the roadway improvement project in (AutoCad ReL 14 compatible) format. • Written design criteria and standards, if different than as outlined in Attachment A. • Written review comments related to the Preliminary Submittal. • All required coordination with the DRB, property owners, homeowner associations, and citizens. • Printing and reproduction of documents other than for McGann &Associates'in-house use. • Coordination of the bidding process and construction contract administration. PROJECT SCHEDULE All work outlined above shall be completed in accordance with a schedule to be prepared jointly by McGann &Associates Inc. and the Town of Oro Valley. FEES AND PAYMENT McGann &Associates'fees for services identified above shall be as follows: Task 1: Site Inspection- Coordination Meeting $ 300.00 Task 2.'Preliminary Plans $ 2,025.00 Task 3:Final Plans, Specifications, and Estimate $ 1,650.00 Total: $ 3,975.00 Invoices shall be submitted monthly with invoiced amounts based on percentage of project completion. Payment shall be due within 30 days of receipt of invoice. ADDITIONAL SERVICES McGann &Associates Inc. will provide project related services other than those identified above if requested by the Town of Oro Valley. Such services shall be considered Additional Services. McGann & Associates'fees for Additional Services shall be based on an amendment to this contract or on the firm's standard hourly rates ranging from$30.00 to$75.00 per hour. Expenses incurred in conjunction with the provision of Additional Services shall be reimbursed at cost. ACCEPTANCE Ainsley,please acknowledge your acceptance of this proposal by signing the attached copy and returning it to my attention at the address on the above letterhead. We look forward to working with you on this project. erely, Donald K. Mc Bann McGann &Associates Inc. Proposal Accepted: Date: The Town of Oro Valley Attachment A: La Canada Drive-Lambert Lane to Naranja Drive-Landscape Modifications Design Assumptions Project Area: • The project area is the La Canada Drive right-of-way between Lambert Lane and Naranja Drive. Design Intent: • The intent of this project is to modify the existing landscape and irrigation improvements to reduce irrigation water consumption and to reduce on-going landscape maintenance requirements. Proposed Actions: • All existing trees in the medians will be retained. A repaired/new drip irrigation system will be extended to these trees. (See Note 1 below). • All existing cacti and other non-irrigated plants in the medians will be retained. • All shrubs and ground cover plants in the median that require irrigation will be removed. • The decomposed granite surfacing in the median will be supplemented with new material. • No improvements will be made to the landscape and irrigation improvements on the outside edge of the roadway. This includes: a. Landscape improvements that were required as a condition of development approvals, such as along the Smith's Shopping Center or the Walgreens. b. Landscape improvements not required by code, such as the 'Canada Hills"planters at the NE and NW corners of the La Canada Drive-Lambert Lane Intersection. c. Slope areas along the west side of the road, adjacent to the Canada Hills subdivision(s). Notes: 1. The existing mesquite and acacia trees in the median are drought tolerant and may'survive"without supplemental irrigation. However, the conditions surrounding these trees(asphalt pavement and a curbed condition that prevents run-off into or across the median)makes for a very harsh environment and supplemental irrigation is strongly encouraged. The existing meters and backflow preventers are in place, although the name of the party to be billed for water use would need to be changed to the Town of Oro Valley. New controllers installed within the right-of-way are more problematic, but this problem could be solved. A new lateral system could be installed at relatively low cost. The irrigation system would need to be operated on an infrequent basis and mostly in the summer months. There would be some cost to the Town for water, but it should be relatively minor. 3 TOWN OF ORO VALLEY STUDY SESSION COUNCIL COMMUNICATION MEETING DATE S/23/99 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: TERM LIMITS AS CHAIRPERSON/BOARDS AND COMMISSIONS SUMMARY: The attached proposal was prepared for the upcoming study session and is intended to limit a chairperson of any board, commission, etc. from serving successive terms as chairperson. ATTACHMENTS: Proposed Zoning and Town Code Changes. FISCAL IMPACT: RECOMMENDATIONS: FOR DISCUSSION SUGGESTED MOTION: I move that we accept or I move that we deny Sig .ture of Departm n/. e. Town Manager's 'eview PROPOSED ORDINANCE NO. - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA ESTABLISHING THE TERM OF OFFICE OF THE CHAIRPERSON OF EACH APPOINTIVE BODY AND LIMITING THE NUMBER OF TERMS. BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as the "Oro Valley Zoning Code, Revised," is hereby amended as follows: SECTION 1. Section 1-302(H) of the Oro Valley Zoning Code, Revised is amended to read as follows: H. Appointments Creation of Boards, Commissions and Committees ad z m ittees: The Town Council pursuant to 3-6-1 et. seq. of the Town Code determines the name, jurisdiction, number of members, method of appointment, length of appointments limitation of service and any and all other policies, procedures and rules of such boards commissions and committees, including the: 1. Planning and Zoning Commission 2. Development Review Board 3. Board of Adjustment 4. Other committees, as necessary SECTION 2. All provisions of the Zoning Code, Town Code and any and all other codes, ordinances, policies or procedures otherwise in conflict with the foregoing are hereby repealed. SECTION 3. This ordinance is determined to be a public record and three copies of such ordinance are to remain on file in the office of the Town Clerk. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 1999. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney PROPOSED ORDINANCE NO. - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA ESTABLISHING THE TERM OF OFFICE OF THE CHAIRPERSON OF EACH APPOINTIVE BODY AND LIMITING THE NUMBER OF TERMS. BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "The Code of the Town of Oro Valley, Arizona," is hereby amended as follows: SECTION 1. Section 3-6-1 is amended to read as follows: 3-6-1 Creation and Duties A. The Town Council may create from time to time advisory boards of three, five or seven members who are residents of the town for the purpose of examining areas dealing with subject matters as defined by the council by board name and council designation of areas for board study. The advisory board shall submit recommendations for the council's information and possible action. B. Advisory board as used herein, includes any commission, board, committee or other body which is advisory in nature and whose members are appointed by the Mayor and Council. SECTION 2. Section 3-6-4 is amended to read as follows: 3-6-4 Officers Designated, Meeting and Rules of Procedure A. Except as provided in 3-6-4(B), on or before January 15 of each year the advisory board shall elect its own officers. The term of office of such officers shall begin at 12:01 A.M on January 15 of the year of election and shall end at 12:00 p.m. midnight on January 14 of the following year. Advisory board members shall serve no more than one year of any term in any one office of such board which year in office shall not succeed a year in the same office in a previous term. The advisory board shall elect its own officers annually and may conduct its meetings in accordance with Roberts Rules of Order as may be amended by the council for the use of all commissions and boards and shall adhere to all open meetings laws of the State of Arizona. Board meetings shall be regularly scheduled, legally noticed, and held once a month. Special meetings may be called by the chair with at least 24 hours notice or by any three board members with at least 48 hours notice under the same conditions as set forth for the mayor and council under Section 2-4-2 of the Oro Valley Town Code. Agendas shall be posted and meeting minutes taken and both shall be filed with the Town Clerk. F:\TERM LIMITS DRAFT ORDINANCE B. The Oro Valley Water Utility Commission shall elect its officers and the terms shall be as provided in Section 15-4-4. In all other respects, the commission shall be subject to Section 3-6-4. SECTION 3. All provisions of the Town Code, Zoning Code and any and all other codes, ordinances, policies or procedures otherwise in conflict with the foregoing are hereby repealed. SECTION 4. This ordinance is determined to be a public record and three copies of such ordinance are to remain on file in the office of the Town Clerk. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 1999. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. 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This was briefly discussed during the Council's Retreat held on June 5th but no direction was given to the staff at that time. Staff is bringing this back to the Town Council for further discussion and direction. • Packet Distribution Deadlines: We offer the following advantages and disadvantages for your consideration: Advantages: • Mayor & Council will have 2 weeks instead of 1 week prior to a meeting to review and study the materials. • Mayor& Council will have 2 weeks instead of 1 week to meet with staff members to have questions and concerns answered prior to a Council meeting. Disadvantages: • Delay approval of routine items, such as contracts, IGA's, Award of Bids, Assurance Agreements, etc. • Increase the need to amend agendas to add time sensitive items. • Increase in the amount of additional handouts will occur because of the 2 week time frame between packet distribution and the meeting. Agenda Management: During the Council's Retreat held on June 5th we briefly discussed the issue of Agenda Management and offered the suggestions listed below for your consideration: 1. Explore the removal of the following Agenda Items since they are administrative: • Notice of Completion documents. • Landscape Plans Public Works suggestions: • Placement of stop signs and other regulatory traffic signs • Designation of crosswalks • Placement of signs restricting parking • Waivers to temporary "No Access Easements." TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pact➢ 2 • 2. Public Hearings: • Limit staff report to 5 — 10 minutes • Limit applicant presentations to 10 minutes • Limit amount of time to receive public input to 30 minutes • Receive speaker cards 10 minutes prior to the consideration of each public hearing. • • Length of public hearing limited to 1 hour. • Adhere to the designated time limits. 3. Non-public hearing items: • Hold 1 Call to Audience at beginning of meeting and eliminate Call to Audience at end of meeting. • Start the meeting one half hour earlier—6:30 p.m. instead of 7:00 p.m.. • Designate total meeting time from 6:30 p.m, to 10:00 p.m, • Add `Mayor's Statement to the Public"to the Agenda,. • Add time limit to each agenda item listed as we have done with the Budget Agendas. • Council Members should contact appropriate staff prior to the Town Council meeting for background information regarding agenda items. • If a blue speaker card is submitted on an item that is not a public hearing, and the Mayor allows them to speak, he should state that"although this is not a public hearing, he will allow public comment." • Strictly adhere to the 3 minute time limit. • As soon as the speaker is finished, turn meeting back over to the Council, as it is not a public hearing. • Attempt to limit requests to remove Items listed under the Consent Agenda. 4. Delayed Action on passage of Ordinances Option 1 from Town Attorney: Each resolution, ordinance, report and other document coming before the Council shall first be placed on a Council calendar with a notation that the matter is not eligible for placement on a Council Agenda until 15 days from the date it was first placed on the calendar. The complete text of each proposed resolution, ordinance, report or other document shall be made available to each member of the Council at the time of initial placement on the calendar. (Each proposed ordinance, resolution, report or other document initially placed on the Council calendar is hereby declared to be a public record). At that time of such placement on the calendar the Town Clerk is directed to make available to the general public three complete copies of the text of such resolution, ordinance, report or other document. At any time after 15 days of initial placement on the Council calendar the proposed resolution, ordinance, report or other document is eligible for placement on the Council's Agenda. A copy of such calendar shall be attached to each Council Agenda. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 Option 2 from League of Arizona Cities & Towns: Announce at the beginning of the item that"due to the importance of this ordinance, the ordinance will be reviewed this evening and adoption will be delayed for 30 days to allow the public time to review thero osed p p ordinance." (This way the Town Code does not have to be amended and allows the Council flexibility to address the ordinance on a case by case basis). Cathy Connolly stated she is discouraging cities/towns from having a first and second reading of ordinances. Staff is asking for your feedback and direction on how to proceed with packet distribution and Agenda management. If the Mayor and Council wishes to proceed with changing the packet distribution deadline, the Town Council Policies & Procedures and SOP #1 will be amended and brought back to the Mayor & Council for approval. ATTACHMENTS: 1. Proposed deadline for distribution of Council Packet Materials two weeks prior to a meeting 2. Memorandum from Bill Jansen 3. Adopted Council Policies and Procedures 4. Consent Agenda provision from Town Code 5. SOP #1 6. Council comments made regarding this topic from the June 5th Retreat. D- •: ent Head _ , Town Manager DEADLINE FOR COUNCIL PACKET MATERIALS FOR CALENDAR YEAR 2000 Regular Meeting Dates Friday Deadline for providing Tuesday Deadline Clerk's Office with listing Of for Receipt of Items to be placed on Agenda Packet Materials 01/05/00 Noon— 12/10/99 Noon— 12/14/99 01/19/00 Noon— 12/30/99 (Thursday) *Due to Friday Holiday Noon—01/04/00 02/02/00 Noon—01/14/00 (Tuesday) Noon—01/18/00 *Due to Mon. Holiday 02/16/00 Noon—01/28/00 Noon—02/01/00 03/01/00 Noon—02/18/00 Noon—02/22/00 03/15/00 Noon—02/25/00 Noon—02/29/00 04/05/00 Noon—03/10/00 Noon—03/14/00 04/19/00 Noon—03/31/00 Noon—04/04/00 05/03/00 Noon—04/14/00 Noon—04/18/00 05/17/00 Noon—04/28/00 Noon—05/02/00 06/07/00 Noon—05/12/00 Noon—05/16/00 06/21/00 Noon—06/02/00 Noon—06/06/00 07/05/00 Noon—06/16/00 Noon—06/20/00 07/19/00 Noon—06/30/00 Noon—07/03/00 08/02/00 Noon—07/14/00 Noon—07/18/00 08/16/00 Noon—07/28/00 Noon- 08/02/00 09/06/00 Noon—08/11/00 Noon—08/15/00 09/20/00 Noon—09/01/00 Noon—09/05/00 10/04/00 Noon—09/15/00 Noon—09/19/00 10/18/00 Noon—09/29/00 Noon— 10/03/00 11/01/00 Noon— 10/13/00 Noon— 10/17/00 11/15/00 Noon— 10/27/00 Noon— 10/31/00 12/06/00 Noon— 11/09/00 (Thursday) Noon— 11/14/00 *Due to Friday Holiday 12/20/00 Noon— 12/01/00 Noon— 12/05/00 Packets are always distributed to the Town Council on the first and third Wednesday of every month. Such as, for the third meeting of the month, the packet will be distributed at the first meeting of the month. TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: KATHI CUVELIER,TOWN CLERK FROM: WILLIAM A.JANSEN,TOWN ENGINEER SUBJECT: RECOMMENDEDATIONS FOR REDUCTION OF TOWN COUNCII.AGENDA ITEMS DATE: MAY 26, 1999 Department of Public Works staff has reviewed activities this Department regularly performs requiring Town Council action to consider those that might be handled administratively. Listed below are those activities, currently requiring Town Council action, which I recommend require only administrative approval: 1. Placement of stop signs and other regulatory traffic signs presently require Town Council action.Chapter 11,Article 11-3-3 of the Town Code states that"The police chief or town engineer, wth approral of the=mil, shall place and maintain traffic control devices, signs and signals when and as required...". The Oro Valley Subdivision Street Standards specifies the location of stop signs. I recommend that approval of regulatory traffic control sign placement is handled administratively between the Town Engineer and the Police Chief. 2. Designation of Crosswalks presently requires Town Council action.Chapter 11,Article 11-3-8 of the Town Code states that "The police chief, zaith approuzl by the axon shall designate and maintain...crosswalks...". I recommend that approval of crosswalk placement be handled administratively between the Town Engineer and the Police Chief. 3. Placement of signs restricting parking presently requires action by the Council. Chapter 11, Article 11-4-3 of the Town Code states that "The police chief or town engineer, -rrthupproualaf'dx axon may erect signs[restricting Paring]• In many cases the provisions for parking are spelled out by the Subdivision Street Standards. I recommend that approval of parking restriction signs be handled administratively between the Town Engineer and the Police Chief. 4. Waivers to "No Access Easements" presently require approval by the Town Council. The large majority of these waivers are granted to allow access to backyards for the construction of swimming pools.The requirement for Council approval considerably lengthens the time necessary to acquire a pool permit.This places an undue hardship on residents wishing to construct a pool. The intent of the "No Access Easement" is to regulate the location of driveways and other permanent access locations rather than to prohibit temporary access. I recommend that granting temporary access across "No Access Easements" be approved at the discretion of and bythe Town Engineer. Changes to our procedures discussed in 1-3 above will require amendments appropriate sections of the Town Code. ORDINANCE NO. (o)96-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF �T.T.Fy, ARIZONA, AUTHORIZING, ORO APPROVING AND ADOPTING THAT CERTAIN DOCUMENT TO BE KNOWN AS THE "TOWN C POLICIES AND PROCEDURES. " oUHCIL WHEREAS, in the interest of effective and efficient is deemed desirable to have a government it set of policies and procedures governing the Town Council of the Town of Oro Valley;y, and WHEREAS, pursuant to the Oro Valley Town Code and Arizona State Law the oro Valley Town Council is charged with making policy decisions in the interests of the Town; and WHEREAS, the Town Council wishes to adopt or modifycertain and regulations pertainingP rules g to the running of the Town bythe Council for purposes of clarification• and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF VALLEY, THE TOWNOF ORO ARIZONA, as follows: 1 . That the Oro Valley "Town Council Policies and Procedures" attached hereto as "Exhibit 1" is herebyadopted in its entirety. P 2. That the Town Manager, other administrative staff and employees of the Town of Oro Valley are herebyauthorized directed to implementthe • and approved "Town Council Policies and Procedures. " 3, That any Oro Valley Town Code or other policyprovisions conflict with these ,� , • in adopted Town Council Policies and Procedures" are hereby rescinded. 4 . That should any section of these policies androcedures be found to be unconstitutional or p unenforceable, or in violation of State law byany Court of competent jurisdiction, those section(s ) will be deemed to be severable, and of no effect on the rest of the document. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Oro Valley, Arizona, this _7day of rahY 1996. 'LQ/\4..1 -� Cheryl • alsky, Mayor ATTEST: h6ZvIA-/ Kathryn E. Cuvelier, Town Clerk APPROVED AS FORM: 40 Tobin Sidles, Town Attorney Pub: Mar.26,27,28,29, 1996 Daily Territorial POSTED 3/25 - 4/24, 1996 9:30 a.m. TOWN COUNCIL POLICIES & PROCEDURES TOWN OF ORO VALLEY, ARIZONA SECTION I. - PURPOSE 1• General Purpose: The Town Council of the Town of Oro Valley, Arizona, in attempting to fulfill its responsibility to govern the Town and to fully and faithfully perform its duties in the best possible manner, formulates these Policies & Procedures for use by the Town Council. It is intended that these Policies & Procedures shall set standards and usual procedures for the conducting of public meetings of the Council. These Policies & Procedures shall be in effect for all Town Council meetings until modified or suspended by majority vote of the Town Council. SECTION H. - PUBLIC MEETINGS 1. jublic Meetings: All meetings of the Council shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The Town Council shall hold regular meetings on the first and third Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Council shall be held at the call of the Mayor or the call of three or more Council members. Study sessions shall not be conducted as formally as Council Meetings, although they shall follow all state laws and shall generally follow these Policies & Procedures. 2. Notice of Meetings,: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Council member (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to Council members of all non-regular meetings shall be any means possible to assure that the best possible efforts were made to contact each Council member. 3. imputes and Recording of Meetings: Written minutes shall be taken of each Council Meeting, and if recording equipment is available, each Council Meeting shall also be tape recorded. These provisions shall not apply to executive sessions, which are governed elsewhere in these Policies & Procedures. r:1wp51\oounanodicies.6-01059e.4:00 pm 1 SECTION III. - AGENDAS 1. Agenda Preparation: Agendas for Town Council ree Meetings shall b g prepared by the Agenda Committee, which shall be made up of the Mayor (or Vice-Mayor), T own Manager and Town Clerk, with review of the proposed final agenda bythe Town Attorney. The Agenda Committee shall review the items on each agenda. As g per Section 2-5-2 Introduction of the Town Code: "Ordinances, resolutions and other matters or subjects requiring action by the council shall be introduced and sponsored of by a member the council...". 2. Placing Items on Agendas: The Agenda Committee will meet torear P p e the agenda no later than 10 days prior to the meeting to draft the agenda. --� 3. Council Packet Materials: Council packets will be delivered to all Council members Friday five (5) ) days prior to the Council Meeting. These deadlines may be waived for any particular item by the Mayor or Town Manager only if it is determined that it is impossible to meet the deadline. 4. Agenda Sequence: Shall be in accordance with the Oro Valley Town Code. 5. Consent Agenda: Shall be in accordance with the Oro Valley Town Code. 6. Order of Business: Shall be at the discretion of the Mayor, so long as there is no attempt to deny the public the opportunity to participate. The Mayor may amend the order of the agenda at and during the course of a meeting with the approval of a majority of the Council. SECTION IV. - DEITIES AT MEETINGS 1. Presiding Officer of Meetings: The Mayor shall be theresidin officer of the P g Council. In the event of the absence of the Mayor, the Vice-Mayor shall be the presiding officer until the return of the Mayor. In the event of the absence of both the Mayor and Vice-Mayor, a temporary presiding officer shall be appointed by the Mayor, and that person shall serve until the return of the Mayor or Vice-Mayor. Upon the return of the Mayor or Vice-Mayor, the temporary presiding officer shall relinquish the chair when the business immediately before the Council is completed. The word "Mayor" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. 2. Duties of Mayor: The Mayor shall call the meeting to order. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Mayor shall not be deprived of any of the rights and privileges of a Council member. The Mayor shall r:1wp511councfl\poiicies.6-010596-4:00 pm 2 determine whether the public shall be heard on anyitem unless the item ' is advertised as a public hearing. Once the public is allowed to address an item, all members of the public may speak as to that item. Publicartici ation shall be on an item-by-item P P basis at the sole discretion of the Mayor except for listed public hearings. In the event of unruly behavior of any member of thepublic, as determined issue by the Mayor, the Mayor shall a verbal warning. A second episode of g P unruly behavior will result in a second verbal warning that such further behavior may result in removal from the meeting. A third episode at one meeting will result in the Mayor having the Sergeant-at-Arms (For the Council this shall be the Chief of Police or in ' his absence the Town Attorney) remove theperson from the meetingroom until such time as the person agrees and publicly acknowledges to the Chair that there will be no further disturbances. If a person makes thatublic acknowledgement, the P y may be allowed to return to the meeting. A fourth disturbance shall result in expulsion pals on from the remainder of that meeting. In the event there is unruly behavior by a member of the Town Council after a warning by the Mayor and a vote by two-thirds of those Council membersre P sent, the unruly Town Council member may be removed from the meeting. g 3. Duties of CIerk: The Clerk shall take the Roll Call. The Clerk shall =ounce each agenda item, reading into the record the item as listed on the ,A endasufficientlyto Agenda, advise the Council and public as to what business is about to be considered by Council. The Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures, by state law, or as directed by the Town Manager. 4. 5ergeait-.At-Arms: The Police Chief, or his designee(s), are a appointed the Sergeant- at-Arms pp erg+eant at-Arms of the Council meetings, and shall carryout all orders and instructions given g�tven by the Mayor for the purpose of maintaining order and decorum at the Council meeting. If the Police Chief or his substitute are not available, this role will fall to the Town Attorney or another designee by the Chair. Upon instructionsby Mayor the P following the process listed above, it may be the dutyof the Ser eant-at-Arms to g remove any person who violates the order and decorum of the meeting. g 5. council Members: Shall attend all regular meetings. According to State law (AILS. §38-291(6)), should there be an absence for a period of 3 months, with the time starting as of the first Council study session or meeting missed, the matter will be referred to the proper legal authorities. This may include removal from office. All Due Process rights will be followed and the accused is allowed an attorney. Said attorney shall be paid for out of the accused Counciimember's ownP ocket. r:lwp511oounc OpoIicies.6-010598-4:00 pm 3 SECTION V. - PROCEDURES FOR MEETINGS 1• Call to Order: The Mayor shall call themeeting meeting to order. 2. Roll Call: Roll shall be called bythe Clerk. erk. 3. Agenda: The Mayor shall vote to approve ' ppr the agenda as written, or shall agenda bymodify the i �Y moving items. Once an item is discussed at a meeting and the gone on to anotherCouncil has agenda item, the item considered cannot be again considered dered at that same meeting, unless it can be positively determined that ailersons who ho were present when the item was first considered are stillpresent. The purpose of this rule is to confirm that if the public leaves a meetingthat their item • thinking has been considered and concluded, that item is not again considered at the same meeting. 4. Approval of : 'nuteslAbstentions: The Clerk shall present minutes to the Council for approval. Council members who were notresent at a p previous meeting may abstain from the vote approving those minutes. The Councilmultiple may approve minutes by one vote, and if one or more council members expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Council member(s) ". This shall be the only exception to the rule that an abstention shall count as a no or negative vote. ote. 5. Call to the Public: Persons wishingto address theitem Council on an item not already on the agenda may do so at the discretion of the , although each speaker may be limited to three minutes. The Mayor or Council may Y limit the total time offered speakers, if necessary. • 1 $ , . ;41,1 • _ 1 s t' 1s 1 i toot-l- 1 . l is :i • !1 • a s e • 1 5 • 5 111041 a gift Should any item be addressed to aific � member, it shall be ignored, and the Mayor shall remind the speaker that theymust address thequestion question to the entire body. No person other than the speaker shall enter into theon without the permission of the Mayor. By state law, the Council mayaddress,not discuss or vote upon any petition, comment or announcement made by the public, althoughthese items placed on a future agenda. may be 6. staff Reports: A Council member mayask a staff member about a particu�at issue in his/her report, but discussion and action on anyitem . mentioned in a staff report may not be held unless that item islplaced on Y the agenda. r:twp51 tcowxciipdiass.6.010596-4:00 pm 4 7. Order of Business: The Clerk shall announce each order of business, and the Mayor shall then ask the Council its pleasure on the item. A motion need order for an item to be discussed. not be made in Unless the Council determines • necessary, staff shallthat no report is have an opportunity to report on p the issue and will respond to Council questions. At any time that the � • agenda item is before the Council, a motion may be made as provided in these Policies & Procedures. S. Town Manager's & Council Reports: . The Town Manager's and Council re be in writing oral. Any Council rnemb ports may er may ask the Town Manager or Counciimember about a particular item in his/her report, but discussion and acts any item mentioned in his/her report maY not � on be held unless that item is properly placed on the agenda. °p y 9. Future Agenda Items: AnyCouncil member may request that an item belaced on a future agenda by contacting a member of p the Agenda enaa Committee. Thisrovision Mayor Council. to all members of the andp SECTION VL - EXECUTIVE SESSIONS/STUDY I TUDY SESSIONS 1. Placement on Agenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item. 2. Attendees at Executive Sessions: Under normal circumstances, executive sessions shall be attended only, by the Mayor and Council, Town Manager, Town Clerk andTown Attorney. A majority Y�onty of the Council may vote at the public session prior to the executive session to have other individuals attend the executive session as necessary. These other individuals must be necessaryforand the consideration of the item, notremain in the Executive Session oncemaythat particular item has been discussed. Whether or not a person is considered necessary is dependent upon approval of that person by the Council. 3. Minutes of Executive Sessions: The Town Clerk, or designee, shall take written minutes of executive sessions to document naturethe • and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the Town Clerk as a confidential, non-public record. 4• • ion Discus ion a � • •ria • materials : All Executive Session dis and are considered confidential and non-public inf materials maybep oiaLa�tion. No discussion or disseminated to anyone outside of the . Manager, Town Mayor and Council,Town Attorney and Town Clerk. Anydiscovered ' shall be reported to or suspected violation p the Town Attorney immediately. 5. Study Sessions: Study Sessions maybe run in a more informal manner. At no time shall any final decision be made at a study session. r:1wp511oounc* poiiciss.6.010596•4:00 pm 5 SECTION VEL - PUBLIC HEARING PROCEDURE 1. agenda Procedure for Public Hearing: Ahearing public may be placed on the agenda under the same agenda item as the discussion and action of the Council. The normal. procedure for public hearings shall be as set forth hereafter. a. Calling Agenda Item: The agenda item shall be called g by the Clerk as any other agenda item. b. Staff Report: Staff shall have an opportunity report PP Y to on the issue and answer questions by the Council. ce Proponent Presentation: The proponent may make an opening statement in n order to explain the item to the Council andublic. The Mayor P y or Council may limit the time for this statement as necessary. d. Declaration of Public Rearing: The Mayor shall declare that . Y the Council is now in public hearing. If the matter is notapublic hearing, it shall be . g, at the discretion of the Mayor as to whether the public maybe allowed to speak. e. Public Input: In the event a person in the audience wishes to address the Council on an issue on the agenda which is notapublic hearing, . the Mayor shall determine whether they wish to hear from theublic on the p issue. That person may be permitted to speak; however, any publicmay such address be y limited to three minutes per person forpublic or non-public . P hearings and as otherwise restricted by the Mayor. Written communications which were delivered to the Town Clerkprior to the agenda item beingcalled . g shall be copied and delivered to each Council member. However, all such written communications shall not be read into the record bythe Town Clerk . by a majority vote of members present, the Council votes to have the Town Clerk read the item into the record. Oncepublic hearinghas been verbal/written closed, no farther erbal/written input shall be taken. f. Prononent CIosing Statement: Thero onent shall be allowedclosing p a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. g. Declaration of End of Public Hearing: Unless a ofCouncil majority the members object, the Mayor shall declare thepublic hearingas ended. Once • the public hearing is closed, no oral or written c o 'cations ma be y accepted from the audience. b. Council Discussion: Discussion byCouncil membersmaybe held at this time, or reserved until the Council has come out of .ublic hearing. g r1wp511councsylpoiiaas.6-010596-4:00 pm 6 i. Council Discussion and Vote: agendaThe • item will then be discussed and action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTING PROCEDURE 1. Quorum Necessary: It will be necessaryfor r a quorum to be present in order for the Council to consider or act upon any business. Auo q rum shall consist of a majority the members of the Council. In the ev of ent a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. Z. Conflicts of Interest: Each Council member • • . has a responsibility for compliance with A.R.S. §38-501 et se P • seq., concerning conflicts of interest. Any member of the who believes he or Council she has a conflict of interest, shall, immediately ' upon determining that a conflict ct exists, declare that they believe they have a conflict of interest. That Council member shall then leave the room and shall refrain ' rrom taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that Council member shall not discuss the matter with any other Council member until the matter is fly resolved. The member who declared the conflict may return to his/her seat when that agenda item is completed. 3. Getting the Floor: Every Council member desiring ng to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself /herself to the question under debate. 4. Interruptions: A Council member, once recognized interrupted gniz d by the Mayor, shall not be interrupted when speaking unless it is to caller to order. ' � IfaCouncti member, while speaking, is called to order, he/she shall cease • is speaking until the question of order is determined, and, if in order, he/she shall bee p rnutted to proceed. 5. Making and Secondinv a Motion: There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. 6. Reading of Motion for Discussion: After the motion is made and seconded, the Mayor shall then call for discussion. 7. Amendments to a Motion: a. Voluntary: At any time before theuestion is calledpending on a pending motion, the Council member who made the motion mayask thatmotion his/her motion be amended. If the Council member who seconded the vote agrees,gre s, then the motion shall be considered amended voluntarily. No more than an one amendment to an amendment shall beermitted for anyitem. P r:1wp51\counculpodic ies.6-010596.4:00 pm 7 b. Involuntary: At any time before the question is called on aendin motion, a P g Council member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the -- motion to amend, then discussion on the underlying issue will continue. If the motion to amend is adopted by a majority of the Council, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. c. Voluntary Withdrawal: At any time before the question is called on a pending motion, the Council member who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Council member who seconded the motion agrees with withdrawal of the motion. 8. Calling the Question: Discussion shall end at the time the question is called, or at the time the Mayor determines that there is no further need for discussion. 9. Taking the Vote: The Mayor shall ask Council members to designate his/her vote by announcing "aye" or "nay". If, prior to the vote or after the vote, any Council member requests a roil call vote, the Clerk shall call roll, and each Council member shall state hisiher vote aloud. Any abstention shall count as a "nay" vote. 10. Announcing the Result of the Vote: After the vote, the Mayor shall announce whether the motion failed or passed. If the vote was unanimous, the Mayor shall so state, and if it was not, the Mayor shall state the individual vote for the record, stating the number of "aye" and "nay" votes. 1L lie Votes: In the case of a tie in votes on any motion, the motion shall be considered lost. The item itself may be continued to another meeting. 12. Ordinance_Emergency Clause: Ordinances shall be prepared as provided by law. SECTION IX. - MOTIONS TO RECONSIDER 1. Placement on the Agenda: Reconsideration of any action taken (or not taken) by the Town Council may be requested only,by a Council member who was on the prevailing side of the vote. 2. j2jscussion and Vote on the Original Issue: If the motion to reconsider failed,the Council will skip the next agenda item, which will be the discussion and vote of the original issue. If the motion to reconsider was successful, the Council will discuss and vote on the original issue as for any other business before the Council, and any Council member may make motions on the original issue. r:\wp51\councxilpoliaes•6-010596-4:00 pm 8 SECTION X. - APPOINTMENT OF COMMISSIONS,sioNs, co s, ADVISORY BOARDS All appointments shall follow this procedure. . . The Town Clerk shall advertise to fill vacancies of all commissions, committees and advisoryboards. Upon receipt of the applications the Town Manager, the Council Liaison and the . Chair of the Commission, Board or Committee needing the member shall review thea applications Pp and conduct whatever interviews are necessary. The Town Manager, Council Liaison and the Chair • . au shall submit a list of not more than three finaliststo the Council for their consideration. The Council will make the final determination of appointment from this list. All committeeappointments appointments must be made by a majority vote of the Council or as established in the Town Code. SECTION XL - CODE OF CONDUCT 1. Provide competent representation for the citizens of Oro Valley. Competent representation requires the knowledge, skill, thorou ess and preparation . � P p n reasonably necessary to make an informed decision regarding issues coming before re the Council which directly affects the citizens they P� re esent. 2. Meet in accordance with the Open Meeting Law as required red by Arizona state law discussing only those issues noted on the agenda.g a, only discuss and decide issues at a properly noticed public meeting. 3. Maintain confidentiality of matters discussed in Executive Session and those issued under a 'confidential' caption by leg ai counsel. 4. Demonstrate respect for the politicalsystem and for • . those who serve it, including other public officials. 5. Immediately and publicly declare a conflict in matterswhich which would have the appearance of impropriety for the Council member to vote due to a ' pccuniaty or bias. The Council member shall not use his er position . /h position to influence the vote and shall abstain from any discussion or vote on the conflicted onvicted matter. 6. Exercise independent judgment in renderinga decision ' . , and provide factual basis for such decision. 7. Seek advice of the staff legal counsel at anypoint . . that a legal issue arises or where on is alleged. 8. Show respect to all colleagues byacting g in a professional and dignified manner whether in support of the issue or expressing an adverse point of vi ew. r:\wp511ooun sAApoiicios.6.010596.4:00 pm 9 9. Communicate openlyand honestly �- so as to instill confidence and trust b the citizens publicofficials. their chosen offic' etvveen . 10. Consider the weight of the regulations gul ns on the majority and the long term effects. 11. Not unfairly obstruct another member'sinformation access to or documents altering, destroyingor concealingby materials which should berovided to P ail members. 12. Serve as a representative of the Town of Oro Valley on boards of outside agencies internal boards, commissions and committees or es as appointed by vote of the Council. Such appointments are intended for the ipurpose of gathering information and slharin viewpoints regarding issues which will directlyg affect Oro Valley. Council members shall informto the entire Council in regard g and share with the the information or proposed regulations which will affect Oro Valley � agency the majoritydecision viewpoint of the Oro Valley Town Council. or 13. Be available to the citizens he/she represents. P sents. 14. Perform the duties of office impartially • • P y and diligently. 15. Refrain from inappropriateolitical activity. ty. 16. Should seek improvement of the laws, rules, regulations and quality of services rendered on behalf of all Oro Valley citizens. 17. As an elected public official, [a Council • • members has a responsibility to assure that regulations promulgated by it are in theublic self- interest concernsP interests and not in furtheranceof s�e1f- which would violate state law. r:1wp511counal polides.6.010596.4:00 pm 1 0 2-4-2 J 2-4-2 Special s Meetin g all written reports, comm • The mayor may convene the council for the uiucations, ordinances, resolutions, contracts and other purpose of holding a special meeting any documents to be submitted to the council, time after giving at least 24 hours notice of prepare an agenda according to the order of such meeting to members of the council andbusi' ness and furnish each councilmember, the general public. In addition. any three (3) the mayor and the attorneywith councilmembers may convene the council for a copy of the agenda and any materialeminent any thereto. purpose of holding special meetingsP time after giving at least 48 hours notice of such meeting to member of the council and 2_ _ . 4 6 Consent Agenda the general public. All notices to thegeneral • . A. When any item of business requires public pertaining to special meetings shall action4 by the council, but is of a routine and Include the date, place, hour and purpose of noncontroversial controversial nature, such item may be such special meeting in accordance with staterese law. P rated at a regular meeting of the council In the case of an actual ,yemergencany as . - part of a consent agenda. counciimember may convene the council g, The consent agenda shall be introduced upon such notice as is appropriate to the by a motion "To approve the Consent circumstances in accordance with state law. Agenda," and shall be considered b the (Amended 12120/91) (Amended 8/19/92) council as a single itemY . C. There shall be no debate or discussion by . member 2-4-3 Meetings to Be Public any of the council regarding any All proceedings of the council shall be item on the consent agenda, beyond asking open to the public, except that u P on approval questions for simple clarification. by a majority vote of the council, the council D. All items on the • consent agenda which may meet in a closed executive sessionuirepublic hearings shall be open for pursuant to the provisions of state law. hearing . simultaneously, and the mayor shall Notice of meetings shall be given in a announce, or direct the town clerk to manner consistent with state statutes. announce, the titles of all such items. 2-4-4 Quorum E. Upon objection by any member of the council to inclusion of any item on the A majority of the council shall constitute consent agenda, a quorum for transacting business, but a g a, that item shall be removed lesser number may adjourn from the consent agenda forthwith. Such from time to time and compel the attendanceobjections may be recorded at any time prior Pe of absent members, to the taking of a vote on the motion to approve the consent agenda. All such items 2-4-5 Agenda shall be considered individually, in the order Prior to each council meed in which they were objected to, imme�l ng, or on or followingY before a time fixed by the council for consideration of the consent preparation and distribution of an agenda, agenda. whichever is earlier, the clerk shall collect F. Approval of the motion to approve PP a the 2 - 6 2-5-2 F. Approval of the motion to a rov to permit any action that is contrary to state pp a the consent agenda shall be fully equivalent to statutes. approval, adoption or enactment of each motion, resolution, ordinance or other item ARTICLE 2-5 ORDINANCES of business thereon, exactly as if each had RESOLUTIONS AND been acted upon individually. CONTRACTS 2-4-7 Order of Business; Proceedings of 2-5-1 Prior Approval the Council 2-5-2 Introduction A. The business of the council shall be 2-5-3 Public Hearing Required taken up for consideration and disposition in 2-5-4 Reading Required 2-5-5 Requirements for an Ordinance an order set forth by the council. 2-5-6 Effective Date of Ordinances B. The mayor shall preserve order and 2-5-7 Signatures Required decorum, decide all questions of order and 2-5-8 Publishing Required conduct the proceedings of the meetings in 2-5-9 Posting Required an orderly manner. The mayor may proceed in accordance with the parliamentary rules 2-5-1 Prior Approval contained in Robert's Rules of Order. All ordinances, resolutions and contract documents shall, before presentation to the 2-4-8 Committees and Commissions council, have been reviewed as to form by The council may create such committees the attorney and shall, when there are and commissions, standing or special, as it substantive matters of administration deems necessary. They shall consist of as involved, be referred to the person who is many members and shall perform such duties charged with the administration of the as the council may require and shall exist at matters. Such person shall have an the pleasure of the council. opportunity to present his comments, suggestions and objections, if any, prior to 2-4-9 Voting the passage of the ordinance, resolution or A. The mayor shall vote as a member of acceptance of the contract. the council. 2-5-2 Introduction Ordinances,resolutions and other matters B. Upon the request of any member, the ayes and nays upon any question shall be or subjects requiring action by the council taken and entered in the minutes, shall be introduced andsponsored a member of the council, except that the 2-4-10 Suspension of Rules attorney, the manager or the clerk may Any of the provisions of this article may present ordinances, resolutions and other be temporarily suspended in connection with matters or subjects to the council, and any any matter under consideration by a recorded member of the council may assume vote of three-fourths of the members present, sponsorship thereof by moving that such except that this section shall not be construed ordinance, resolution, matter or subject be 2 - 7 TOWN OF ORO VALLEY STANDARD OPERATING PROCEDURE SOP No. 1 Date Issued: June 23 , 1989 SUBJECT: Council Communication Standard Report Format Effective & Council Agenda Packet Preparation Date: June 15, 1994 Cancellation Date: Supersedes No. 1 Dated: January 11, 1993 COPIES TO: All Department Heads and Town Council POLICY: To ensure that all items submitted for Council agendas are complete, proper inorder and are ready for Council p distribution Friday afternoon prior to the regularly scheduled meeting the following Wednesday. PROCEDURE: Communications to the Town Council shall be typed on the Council Communication form and shall be as simple and concise as possible. The Council Communication shall contain enough information to allow the Council to make an informed decision. y The Mayor, Town Manager & Town Clerk shall meet for a pre-agenda meeting on Monday afternoon 9 days prior to a Pre-a 9 P Council meeting. Each department shall give the Town Clerk a listingof items they wish to include on the next Agenda bynoon on Monday 9 days prior to a Council meeting. The initiatingdepartment is responsible for supplying the Town Manager with the Council Communication and g attachments by 5:00 p.m. Wednesday, one week prior to the scheduled ed Council meeting. Any items not received by the deadline will be rescheduled for the next Council meeting. Ordinance and Resolution numbers should be left blank and will be supplied by the Town Clerk. The Town Manager or Town Clerk will review each Council Communication for proper and complete attachments and signatures . The Department Head who initiates the item for Council action will be responsible for attending the Council meeting and making the presentation of that item to the Council . Charles F. Sweet, Town Manager 06/05/99 Council Study Session/Retreat 3 COMMUNITY ECONOMIC DEVELOPMENT STRATEGY (MAYOR LOOMIS) Discussion followed regarding Community Economic Development strategies that should be consistent and will remain consistent in the future. Must balance between business, economic development and maintain a high quality of life. The east side of Oracle should remain open space. It is important to make sure the infrastructure is in place before development occurs. Update the Economic Development Document that was issued in 1997. CHANGING COUNCIL MEMBERSHIP FROM 5 TO 7 MEMBERS (VICE MAYOR JOHNSON) Members of the Council discussed the merits of increasing from a 5 to 7 member Council. Eleven out of 87 cities/towns have 5 council members. Populations range from a high of 25,455 (Oro Valley)to a low of 460 (Jerome). It was discussed that in order to accomplish this in Oro Valley, Council will have to adopt an Ordinance by September 1, 1999 so that the membership increase becomes effective at the March 2000 election. —, AGENDA MANAGEMENT Members of the Council discussed the suggestions submitted by the Town Clerk and Town Attorney regarding managing items placed on the agenda and the importance of keeping order during meetings. It was suggested that staff look into distributing packet materials to the Council 2 weeks prior to each regular meeting to give ample time for review. Discussion followed regarding scheduling a retreat after every election and on an annual basis for goal setting. Discussion also followed regarding having a retreat whenever necessary, not just on an annual basis. Meeting adjourned at 11:45 a.m. Respectfully submitted, 127'llir/%—(r. C(44-44-t44 Kathryn E. Cuvelier, CMC Town Clerk 06/05/99 Notes from Facilitator—Nina Trasoff 6 • Diversity is the key. • Time is now to make that decision. Wayne Bryant: • Look at Tucson—can't get anything done. Paul Loomis: • Undecided—League of Towns suggested 7 as greater diversity. • Now that he has worked with 5 —not sure • Wants to do more research. Wayne Bryant: • Added staff time • Longer meetings Town Manager Chuck Sweet: • Some additional time-but depends on quality/type of person in office. • If micromanage then it's a problem • If policy makers, no difference. Town Clerk Kathryn Cuvelier: • Agrees with Town Manager • Time of council meetings depends on chair Do fact finding in time to decide for March 2000 ballot—examine by sector/ward, ratio of staff to counci/merits/disadvantages/budget. --� AGENDA MANAGEMENT Paul Parisi: • OK as is. • Must have order in system—It may take awhile, but certain control must be there. • Would like to see more different topics on agenda. Dick Johnson: • His concern is what we do with current items. • We all have to watch what kinds of questions/statements we make. • Shouldn't politicize things. • Consent Agenda—perhaps we need to define what goes on it— ie administrative issues Council shouldn't have to deal with. Wayne Bryant: • Wants to pull some things off of consent agenda for public perusal. • Any major ticket item should be in public. 06/05/99 Notes from Facilitator—Nina Trasoff 7 Dick Johnson: • It becomes political. Fran LaSala: • Applicant takes advantage of a lot of time. • Don't sacrifice public input for efficiency. Dick Johnson: • Call to audience is at the start so people know they have a chance to speak. • Mayor at the end calls for further comments. 1) Call to audience @ start. 2) Blue card mandatory. 3) Non-public hearing, no additional input. Wayne Bryant: • Likes second call for public involvement. Dick Johnson: • Public input becomes very repetitive. • Maybe further limit time or not allow repetition. Paul Loomis: • Add note on podium. All: • Must adhere to time. Paul Parisi: • There is a difference between council meetings and open Town Halls— should have one every quarter that's where people should have input. • Council meetings are business meetings. • There are opportunities to speak at committee meetings, study sessions. • Input comes before we do business. • If not a public hearing, then they've lost opportunity to speak. Dick Johnson: • We have so much notice. Wayne Bryant: • Buck still stops with Town Council. Paul Parisi: • Plenty of opportunity—regular sessions are business meetings. Wayne Bryant: 06/05/99 Notes from Facilitator—Nina Trasoff 8 • We know HOT TOPICS —let's separate them to special meetings with more input. Fran LaSala: • If we expand Council, we expand# of meetings. • Maybe time to tighten up & adhere to time limits. • Have a spokesperson for similar opinions. Paul Loomis: • After applicant has spoken, shouldn't get to respond to public unless questions are asked by Council. • Limit# of items on agenda—better to have additional meetings. • Get packages for Council meetings delivered earlier—(staff would be working 2 weeks in advance). • Will be strict. If applicant wants to respond later, then whole matter will be delayed.