04.01.2025 Regular Council Meeting Minutes.pdf
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April 1, 2025 Regular Council Meeting Minutes CITY OF BUCKEYE REGULAR COUNCIL MEETING APRIL 1, 2025 MINUTES City Council Chambers 530 E. Monroe Avenue Buckeye, AZ 85326 6:00 p.m. Pursuant to A.R.S. § 38-431.03(A)(3) the Council may, by majority vote, recess or adjourn to executive session at one or more times during the meeting, as needed to confer with the City Attorney for legal advice regarding any item listed on this agenda. 1. Call to Order/Invocation/Pledge of Allegiance/Roll Call Mayor Orsborn called the meeting to order at 6:02 p.m.; Darius Sanders of Palm Valley Church led the invocation; Councilmember HagEstad led the Pledge of Allegiance. Members Present: Councilmember Youngker, Councilmember Berry, Councilmember Goodman (via Microsoft Teams), Councilmember HagEstad, Councilmember Beard (via Microsoft Teams), Vice Mayor Heustis (via Microsoft Teams), and Mayor Orsborn. Members Absent: None. Departments Present: Interim City Manager Dave Roderique, Deputy City Manager Javier Setovich, Deputy City Manager Doug Sandstrom, City Attorney Scott McCoy, Deputy City Clerk Summer Stewart, Chief Financial Officer William Kauppi, Water Resources Director Terry Lowe, Chief Human Resources Officer Cindy Camarata, Community Services Director Miranda Gomez, Police Chief Robert Sanders, Director of Communications and Intergovernmental Affairs Annie DeChance, Information Technology Director Greg Platacz, Development Services Director Brian Craig, Economic Development Director Suzie Boyles, Project Management Office Director James Shano, Assistant Fire Chief Rayne Gray, Assistant Fire Chief Paul Moore, and Interim Public Works Director Amy Murray. 2. Comments from the Public – None. 3. Awards/Presentations/Proclamations – None. 4. CONSENT AGENDA ITEMS / NEW BUSINESS Approval of items on the Consent Agenda - All items with an (*) are considered to be routine matters and will be enacted by one motion and vote of the City Council. For the record, Mr. McCoy noted a minor scrivener’s error on Item *4.F (see further details captured under Item *4.F). A motion was made by Councilmember Youngker and seconded by Councilmember HagEstad to approve *4.A, *4.B, *4.C, *4.D, *4.E, *4.F, *4.G, *4.H, *4.I., *4.J, and *4.K. Motion passed unanimously. April 1, 2025 Regular Council Meeting Minutes *4.A Council to take action on the Water Development Impact Fee Credit and Reimbursement Agreement between the City of Buckeye, an Arizona municipal corporation, and KB Home Phoenix, Inc., an Arizona corporation; and authorize the Mayor to execute the Agreement on behalf of the City of Buckeye. Staff Liaison: Terry Lowe, Water Resources Director Council approved the Water Development Impact Fee Credit and Reimbursement Agreement between the City of Buckeye, an Arizona municipal corporation, and KB Home Phoenix, Inc., an Arizona corporation; and authorize the Mayor to execute the Agreement on behalf of the City of Buckeye. *4.B Council to take action on a final plat titled "Sun City Festival - Parcel AA1 - Phase 2" located at the northwest corner of Sun Valley Parkway and Desert Oasis Boulevard. Staff Liaison: Jennifer Roseman, Planner II Council approved a final plat titled "Sun City Festival - Parcel AA1 - Phase 2" located at the northwest corner of Sun Valley Parkway and Desert Oasis Boulevard. *4.C Council to take action on a final plat titled "Hayden Estates - Phase 1" located east of the northeast corner of Broadway Road and Rooks Road. Staff Liaison: Jennifer Roseman, Planner II Council approved a final plat titled "Hayden Estates - Phase 1" located east of the northeast corner of Broadway Road and Rooks Road. *4.D Council to take action on the First Renewal of the Wired Telecommunications License and Right-of-Way Use Agreement, dated January 21, 2020, between the City of Buckeye, an Arizona municipal corporation, and MCImetro Access Transmission Services LLC, (d/b/a Verizon Access Transmission Services), a Delaware limited liability company; and authorizing the City Manager to execute and deliver said First Renewal on behalf of the City of Buckeye. Staff Liaison: Ron Moll, City Engineer Council approved the First Renewal of the Wired Telecommunications License and Right-of-Way Use Agreement, dated January 21, 2020, between the City of Buckeye, an Arizona municipal corporation, and MCImetro Access Transmission Services LLC, (d/b/a Verizon Access Transmission Services), a Delaware limited liability company; and authorizing the City Manager to execute and deliver said First Renewal on behalf of the City of Buckeye. *4.E Council to take action on a Replat for Buckeye Commons West, generally located on the southwest corner of Interstate 10 and Verrado Way. Staff Liaison: Sean Banda, Senior Planner Council approved a Replat for Buckeye Commons West, generally located on the southwest corner of Interstate 10 and Verrado Way. *4.F Council to take action on Ordinance No. 11-25 authorizing and directing the City Manager, City Attorney and City Clerk to take any and all action necessary to acquire fee title, or a lesser interest in, including but not limited to easements for public utilities, drainage, and/or construction, as needed, to certain real property including any associated personal property, as a matter of public necessity by (1) dedication, (2) donation, (3) purchase, (4) exchange, or (5) exercise of the power of eminent domain; to sign any documents and enter into any contracts necessary to effect the purposes of April 1, 2025 Regular Council Meeting Minutes this Ordinance; to take any and all other action as is legally necessary to acquire fee title or an easement interest in, to and for all necessary rights of way or roadway generally located along the Rooks Road alignment, situated generally at the northwest corner of west US Highway 85 and Rooks Road, within Section 1, Township 1 South, Range 4 West, Gila and Salt River Base and Meridian, Buckeye, Maricopa County, Arizona; and declaring an emergency. Staff Liaison: James Zwerg, CIP Project Manager For the record, Mr. McCoy noted the following scrivener’s error in the suggested action language of this agenda and in the language of Ordinance No. 11-25: the location of the subject rights of way or roadway are “generally located along the Rooks Road alignment, situated generally at the northwest corner of west MC85 and Rooks Road”, in place and instead of “generally located along the Rooks Road alignment, situated generally at the northwest corner of west US Highway 85 and Rooks Road”. With Mr. McCoy’s noted corrections, Council adopted Ordinance No. 11-25 authorizing and directing the City Manager, City Attorney and City Clerk to take any and all action necessary to acquire fee title, or a lesser interest in, including but not limited to easements for public utilities, drainage, and/or construction, as needed, to certain real property including any associated personal property, as a matter of public necessity by (1) dedication, (2) donation, (3) purchase, (4) exchange, or (5) exercise of the power of eminent domain; to sign any documents and enter into any contracts necessary to effect the purposes of this Ordinance; to take any and all other action as is legally necessary to acquire fee title or an easement interest in, to and for all necessary rights of way or roadway generally located along the Rooks Road alignment, situated generally at the northwest corner of west MC85 and Rooks Road, within Section 1, Township 1 South, Range 4 West, Gila and Salt River Base and Meridian, Buckeye, Maricopa County, Arizona; and declaring an emergency. *4.G Council to take action on the submission of a $275,000 US Department of Agriculture-- Fiscal Year (FY) 2024-2025 Community Wildfire Defense Grant Program application for the creation of a Community Wildfire Protection Plan for the City of Buckeye with a required City match of $25,000, covering a one-year period if awarded; and, further, to authorize and direct the Mayor, City Manager, City Attorney, and City Clerk to take all steps necessary to carry out the submission of said Grant Application. Staff Liaison: Rob Roach, Grant Program Manager Council approved the submission of a $275,000 US Department of Agriculture--Fiscal Year (FY) 2024- 2025 Community Wildfire Defense Grant Program application for the creation of a Community Wildfire Protection Plan for the City of Buckeye with a required City match of $25,000, covering a one-year period if awarded; and, further, to authorize and direct the Mayor, City Manager, City Attorney, and City Clerk to take all steps necessary to carry out the submission of said Grant Application. *4.H Council to take action to approve and accept a Fiscal Year (FY) 2025 grant award from the Maricopa Association of Governments (MAG), for the procurement of a new PM-10 Certified Street Sweeper, to replace the City of Buckeye Public Works Department's nine-year-old street sweeper, in the grant award sum of $349,488.13 with a City required match of $33,694.45, for a total of $383,182.58; and, further, to authorize and direct the Mayor, City Manager, City Attorney, and City Clerk to take all steps necessary to carry out the purpose and intent of said Grant Award. Staff Liaison: Rob Roach, Grant Program Manager Council approved the acceptance of a Fiscal Year (FY) 2025 grant award from the Maricopa Association of Governments (MAG), for the procurement of a new PM-10 Certified Street Sweeper, to replace the City of Buckeye Public Works Department's nine-year-old street sweeper, in the grant award sum of $349,488.13 with a City required match of $33,694.45, for a total of $383,182.58; and, April 1, 2025 Regular Council Meeting Minutes further, to authorize and direct the Mayor, City Manager, City Attorney, and City Clerk to take all steps necessary to carry out the purpose and intent of said Grant Award. *4.I Council to take action on Resolution No. 13-25 approving the First Amendment to Development, Financing Participation and Intergovernmental Agreement No. 1 (Trillium Community Facilities District) by and among the City of Buckeye, Arizona, Trillium Community Facilities District, and Trillium Land Company, LLC; and authorizing the Mayor to execute and deliver said Amendment on behalf of the City of Buckeye. Staff Liaison: Larry Price, Special Districts Manager Council adopted Resolution No. 13-25 approving the First Amendment to Development, Financing Participation and Intergovernmental Agreement No. 1 (Trillium Community Facilities District) by and among the City of Buckeye, Arizona, Trillium Community Facilities District, and Trillium Land Company, LLC; and authorizing the Mayor to execute and deliver said Amendment on behalf of the City of Buckeye. *4.J Council to take action on the authorization of fifteen (15) full-time equivalent (FTE) positions and the transfer of funds from contingency to the Fire Department budget to fund staffing and operational costs of the Floreo Fire Station 708. Staff Liaison: Jake Rhoades, Fire Chief Council approved the authorization of fifteen (15) full-time equivalent (FTE) positions and the transfer of funds from contingency to the Fire Department budget to fund staffing and operational costs of the Floreo Fire Station 708. *4.K Council to take action on the February 4, 2025 Regular Council Meeting Minutes, February 18, 2025 Regular Council Meeting Minutes, February 21, 2025 Council Retreat Minutes, March 4, 2025 Special Council Meeting and Council Executive Session Minutes, and March 4, 2025 Regular Council Meeting Minutes. Staff Liaison: Summer Stewart, Deputy City Clerk Council approved the February 4, 2025 Regular Council Meeting Minutes, February 18, 2025 Regular Council Meeting Minutes, February 21, 2025 Council Retreat Minutes, March 4, 2025 Special Council Meeting and Council Executive Session Minutes, and March 4, 2025 Regular Council Meeting Minutes. 5. Public Hearings and Non-Consent - New Business Items 5.A and 5.B were taken out of order; the public hearing and action on Item 5.B was heard before the public hearing and action on Item 5.A. 5.A Council to hold a public hearing and take action on Ordinance No. 05-25 terminating the Former Development Agreements for the development of the Trillium Community Master Plan on land generally located fifteen miles north of Interstate 10 and the Sun Valley Parkway Interchange; terminating the Former Community Master Plan and associated development rights; approving the Major Amendment to the Floreo at Teravalis Community Master Plan (formerly "Trillium") as described in Case number PLZZ-24-0008 and the Development Agreement between the City of Buckeye and Trillium Land Company, LLC; authorizing the Mayor to sign all documents necessary to carry out the intent of this Ordinance; and providing for repeal of conflicting ordinances and severability. Staff Liaison: Sean Banda, Senior Planner April 1, 2025 Regular Council Meeting Minutes Mr. Banda presented an overview of Ordinance No. 05-25. The proposed Floreo at Teravalas Community Master Plan (CMP), formerly known as Trillium, is located along Sun Valley Parkway; vicinity maps were displayed. The project covers approximately 3,029 acres and is part of the larger Douglas Ranch development. Originally approved in 2004 for 8,816 units, the plan has been amended multiple times, with 8,500 unites included in the current proposal. The amendment includes a nearly 500-page document with detailed guidelines and standards, creating a flexible framework for development. The plan introduces a hierarchy of planning, with an overarching CMP, development unit plans, and site-specific plans. It includes specific land use classifications, density standards, and a comprehensive network of parks and infrastructure. The development agreement requires the master developer to provide public infrastructure, including a fire safety facility and equipment. Mr. Banda emphasized the plan's unique design standards and its alignment with Howard Hughes Corporation's vision for the area. At 6:24 p.m., Mayor Orsborn opened a public hearing to hear citizen input regarding Ordinance No. 05-25. Mayor Orsborn noted three non-speaker comment forms were submitted by Sam Schippers, Emilio Gaynor, and Kelsey Czarnecky; the comments were in favor and support of the proposed Development Agreement and the Floreo at Teravalis project(s). Mary Williams presented statements regarding emergency access in the proposed development. Mr. Banda stated the proposed development has been reviewed and approved by Buckeye Police and Fire Departments; all site plans will also be reviewed by public safety. There being no further public comment, Mayor Orsborn closed the public hearing at 6:29 p.m. Mayor Orsborn requested clarification regarding the size of the project. Mr. Banda confirmed that the 560-acre development unit is currently under vertical construction; clarified that the Floreo project is approximately ten percent of the entire Teravalis project. The density will remain at 2.8 dwellings per acre for this section. Mayor Orsborn presented statements regarding the extensive planning process, noting it's potentially a 56-year master plan. Mr. Banda explained that the Fifth Amendment to the CMP was carefully crafted to create a specific vision for Howard Hughes, with enhanced standards beyond the general City Code. The CMP and Development Agreement provide both flexibility for the developer and protections for the City. General discussion was held highlighting the comprehensive nature of the planning process and the detailed work involved in creating a long-term development strategy. A motion was made by Councilmember HagEstad and seconded by Councilmember Youngker to adopt Ordinance No. 05-25 terminating the Former Development Agreements for the development of the Trillium Community Master Plan on land generally located fifteen miles north of Interstate 10 and the Sun Valley Parkway Interchange; terminating the Former Community Master Plan and associated development rights; approving the Major Amendment to the Floreo at Teravalis Community Master Plan (formerly "Trillium") as described in Case number PLZZ-24-0008 and the Development Agreement between the City of Buckeye and Trillium Land Company, LLC; authorizing the Mayor to sign all documents necessary to carry out the intent of this Ordinance; and providing for repeal of conflicting ordinances and severability. Motion passed unanimously. 5.B Council to hold a public hearing and take action on Ordinance No. 04-25 declaring as a public record that certain document on file with the City Clerk entitled the Community Master Plan and Planned Area Development Modified Provisions; adopting the same by reference; amending Chapter 7, Development Code, Article 5, Development and Design Standards and Guidelines as set forth in the Community Master Plan and Planned Area Development Modified Provisions; providing for repeal of conflicting ordinances and provisions; and providing for severability. Staff Liaison: Mandy Woods, Principal Planner Ms. Woods presented information regarding code amendment Ordinance No. 04-25, which proposes a development code amendment that creates a new section to establish modified provisions for large-scale community master plans. The amendment allows for more flexible design standards and guidelines while maintaining high-quality development. It specifically applies to projects over 2,500 gross acres and provides a framework for customized design standards that must be approved by the City Council. The modification is limited to the development code and does not change other City April 1, 2025 Regular Council Meeting Minutes regulations. Ms. Woods explained that this amendment essentially formalizes existing practices for large development projects, providing a clearer regulatory approach. Public outreach and participation were reviewed; the proposal received three letters of support. The proposed amendments improve the City's ability to review and approve comprehensive development plans. At 6:14 p.m., Mayor Orsborn opened a public hearing to hear citizen input regarding Ordinance No. 04- 25. There being no public comment, Mayor Orsborn closed the public hearing at 6:14 p.m. A motion was made by Councilmember Youngker and seconded by Councilmember HagEstad to adopt Ordinance No. 04-25 declaring as a public record that certain document on file with the City Clerk entitled the Community Master Plan and Planned Area Development Modified Provisions; adopting the same by reference; amending Chapter 7, Development Code, Article 5, Development and Design Standards and Guidelines as set forth in the Community Master Plan and Planned Area Development Modified Provisions; providing for repeal of conflicting ordinances and provisions; and providing for severability. Motion passed unanimously. 6. Comments from the Mayor and Council Councilmember Goodman: thanked Howard Hughes Holdings Inc. for their work with the White Tank Mountain Conservancy. Councilmember Youngker: presented statements regarding the successful Main Street Business mixer event he recently attended. Mayor Orsborn: presented information regarding the 4th annual Compassion Clinic he recently attended; mentioned recent and upcoming ribbon cutting events in the City. 7. City Manager's Report and Summary of Current Events Mr. Roderique presented a brief summary of current events. 8. Proposals for Future Agenda Items – None. 9. Adjournment There being no further business to discuss, Mayor Orsborn adjourned the meeting at 6:41 p.m. _________________________________ Eric W. Orsborn, Mayor ATTEST: _____________________________________ Lucinda J. Aja, City Clerk I hereby certify that the foregoing minutes are a true and correct copy of the Regular Council Meeting held on April 1, 2025. I further certify that a quorum was present. _____________________________________ Lucinda J. Aja, City Clerk