09.15.2026 Regular Council Meeting Minutes.pdf
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CITY OF BUCKEYE REGULAR COUNCIL MEETING SEPTEMBER 15, 2026 MINUTES City Council Chambers 530 East 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 6:00 p.m.; Steven Hood of West Valley Community Church led the invocation; Councilmember Berry led the Pledge of Allegiance. Members Present: Councilmember Berry, Councilmember Beard, Councilmember HagEstad, Councilmember Heustis, and Mayor Orsborn. Members Absent: Councilmember Youngker and Vice Mayor Goodman. Departments Present: City Manager Doug Sandstrom, Deputy City Manager Jared Askelson, Deputy City Manager James Shano, Deputy City Manager Miranda Gomez, City Attorney Tosca Henry, Interim City Clerk Summer Stewart, Development Services Director Brian Craig, Program Management Office Director Cathy Clemons, Community Services Director Kelby Mieras, Public Works Director Amy Murray, Communications Director John O'Halloran, Police Chief Robert Sanders, Fire Chief Jake Rhoades, Chief Financial Officer Keith Fallstrom, Economic Development Director Suzanne Boyles, Information Technology Director Greg Platacz, Water Resources Director Terry Lowe, and Chief Human Resources Officer Cindy Camarata. 2. Comments from the Public Sean Fogarty, representing the Greater Phoenix Economic Council, presented statements regarding the SEMICON 2026 Delegation. Michael Neuses presented statements regarding semiconductor development. Jessica DeLeonardo presented statements regarding massage therapy terminology and licensing. Joe VanZutphen presented statements regarding data center development. 3. Awards/Presentations/Proclamations – None. 4. CONSENT AGENDA ITEMS / NEW BUSINESS Mistylynn Hernandez presented statements regarding the cumulative impacts of Items *4.G, *4.H, and 5.B, including electrical infrastructure, groundwater demand and potential impacts to private wells, and infrastructure responsibilities associated with the Festival Marketplace agreement. September 15, 2026 Regular Council Meeting Minutes 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. A motion was made by Councilmember Heustis and seconded by Councilmember HagEstad to approve Items *4.A, *4.B, *4.C, *4.D, *4.E, *4.F, *4.G, *4.H, and *4.I. Motion passed unanimously. *4.A Council to take action on the request for a new Series 006 (Bar) Liquor License (Application No. 406572) for Emersa, located at 1503 North Verrado Way #101, in Buckeye. Staff Liaison: Summer Stewart, Interim City Clerk Council approved the request for a new Series 006 (Bar) Liquor License (Application No. 406572) for Emersa, located at 1503 North Verrado Way #101, in Buckeye. *4.B Council to take action on the Wired Telecommunications License and Right-of-Way Use Agreement between the City of Buckeye, an Arizona municipal corporation and Wyyerd Connect LLC d/b/a Wyyerd Fiber, a Delaware limited liability company and Accipiter Communications, Inc. a Nevada corporation; and authorize the City Manager to execute and deliver said Agreement on behalf of the City. Staff Liaison: Ron Moll, City Engineer Council approved the Wired Telecommunications License and Right-of-Way Use Agreement between the City of Buckeye, an Arizona municipal corporation and Wyyerd Connect LLC d/b/a Wyyerd Fiber, a Delaware limited liability company and Accipiter Communications, Inc. a Nevada corporation; and authorized the City Manager to execute and deliver said Agreement on behalf of the City. *4.C Council to take action on Resolution No. 93-26 approving the Federal Aviation Administration FY2026 Airport Infrastructure Grant Agreement and the Airport Improvement Grant Agreement for Grant Numbers 3-04-0005-029-2026 and 3-04-0005- 030-2026, respectively, between the United States Department of Transportation and the City of Buckeye for Fiscal Years 2027, 2028, 2029, and 2030; and authorizing the City Manager to execute and deliver said Grant Agreements on behalf of the City of Buckeye. Staff Liaison: Rob Roach, Grant Program Manager Council adopted Resolution No. 93-26 approving the Federal Aviation Administration FY2026 Airport Infrastructure Grant Agreement and the Airport Improvement Grant Agreement for Grant Numbers 3- 04-0005-029-2026 and 3-04-0005-030-2026, respectively, between the United States Department of Transportation and the City of Buckeye for Fiscal Years 2027, 2028, 2029, and 2030; and authorized the City Manager to execute and deliver said Grant Agreements on behalf of the City of Buckeye. *4.D Council to take action on Resolution No. 92-26 approving the Federal Aviation Administration FY2026 Airport Improvement Grant Agreement for Grant Number 3-04- 0005-031-2026 between the United States Department of Transportation and the City of Buckeye; and authorizing the City Manager to execute and deliver said Grant Agreement on behalf of the City of Buckeye. Staff Liaison: Rob Roach, Grant Program Manager Council adopted Resolution No. 92-26 approving the Federal Aviation Administration FY2026 Airport Improvement Grant Agreement for Grant Number 3-04-0005-031-2026 between the United States Department of Transportation and the City of Buckeye; and authorized the City Manager to execute and deliver said Grant Agreement on behalf of the City of Buckeye. *4.E Council to take action on the separate Intergovernmental Agreements between the September 15, 2026 Regular Council Meeting Minutes City of Buckeye and Agua Fria Union High School District No. 216, Buckeye Union High School District, and Buckeye Elementary School District for School Resource Officer services, each in substantially the form and substance on file with the City Clerk; and authorize the City Manager to execute and deliver the Agreements and to take all steps necessary to carry out the purpose and intent of the Agreements. Staff Liaison: Robert Sanders, Chief of Police Council approved the separate Intergovernmental Agreements between the City of Buckeye and Agua Fria Union High School District No. 216, Buckeye Union High School District, and Buckeye Elementary School District for School Resource Officer services, each in substantially the form and substance on file with the City Clerk; and authorized the City Manager to execute and deliver the Agreements and to take all steps necessary to carry out the purpose and intent of the Agreements. *4.F Council to take action on the Memorandum of Understanding (MOU) between the City of Buckeye, an Arizona municipal corporation and The Odyssey Preparatory Academy, an Arizona Charter Academy for School Resource Officer services for the 2026-2027 school year in substantially the form and substance on file with the City Clerk; and authorize the City Manager to execute and deliver the MOU on behalf of the City of Buckeye and to take all steps necessary to carry out the purpose and intent of the MOU. Staff Liaison: Robert Sanders, Chief of Police Council approved the Memorandum of Understanding (MOU) between the City of Buckeye, an Arizona municipal corporation and The Odyssey Preparatory Academy, an Arizona Charter Academy for School Resource Officer services for the 2026-2027 school year in substantially the form and substance on file with the City Clerk; and authorized the City Manager to execute and deliver the MOU on behalf of the City of Buckeye and to take all steps necessary to carry out the purpose and intent of the MOU. *4.G City Council to take action on the City of Buckeye - APS Utility Easement for Arizona Public Service Company's placement of electrical lines and appurtenant facilities on City property, together with the right of ingress and egress to and along the easement premises; and authorize the City Manager to execute said Utility Easement Agreement in substantially the form and format on file with the City Clerk. Staff Liaison: Paul Baumgardt, Contract Real Estate Coordinator Council approved the City of Buckeye - APS Utility Easement for Arizona Public Service Company's placement of electrical lines and appurtenant facilities on City property, together with the right of ingress and egress to and along the easement premises; and authorized the City Manager to execute said Utility Easement Agreement in substantially the form and format on file with the City Clerk. *4.H Council to take action on the acceptance of the Buckeye Ten 85 well sites Tract 1 (APN 504-39-994), Tract 2 (APN 504-39-995) and Tract 4 (APN 504-39-997) conveyed by and through the Special Warranty Deeds, each executed by the CH CRE Ten 85 Owner LLC; authorize the City Manager to execute and deliver the Special Warranty deeds; and authorize the City Manager, City Attorney and City Clerk to take all steps necessary to perfect the conveyance of the real properties identified herein. Staff Liaison: Terry Lowe, Water Resources Director Council approved the acceptance of the Buckeye Ten 85 well sites Tract 1 (APN 504-39-994), Tract 2 (APN 504-39-995) and Tract 4 (APN 504-39-997) conveyed by and through the Special Warranty Deeds, each executed by the CH CRE Ten 85 Owner LLC; authorized the City Manager to execute and deliver the Special Warranty deeds; and authorized the City Manager, City Attorney and City Clerk to take all steps necessary to perfect the conveyance of the real properties identified herein. September 15, 2026 Regular Council Meeting Minutes *4.I Council to take action on the Real Property Lease Agreement between the City of Buckeye, an Arizona municipal corporation, and the Buckeye Water Conservation and Drainage District, a political subdivision of the State of Arizona, for Arizona Parcel Numbers 400-18-005B, 400-18-032 and 400-18-033B; and authorize the City Manager to execute and deliver said lease agreement on behalf of the City of Buckeye. Staff Liaison: Terry Lowe, Water Resources Director Council approved the Real Property Lease Agreement between the City of Buckeye, an Arizona municipal corporation, and the Buckeye Water Conservation and Drainage District, a political subdivision of the State of Arizona, for Arizona Parcel Numbers 400-18-005B, 400-18-032 and 400-18- 033B; and authorized the City Manager to execute and deliver said lease agreement on behalf of the City of Buckeye. 5. Public Hearings / Non-Consent - New Business 5.A Council to take action on funding the Economic Development Catalyst Program application for Barbon Asadero in the amount of $22,722, plus certain City fees eligible for reimbursement. Staff Liaison: Ashley Mazariegos, Economic Development Downtown Project Manager Ms. Boyles presented an overview of the Economic Development Catalyst Program, which has operated for 12 years and assisted more than 56 projects. The program provides grants of up to $50,000 for eligible improvements and requires an applicant match. An update was provided on previously approved Catalyst projects, including four completed projects: Southwest ChiroMed, Flat Tortilla, HFFA Investments Building, and Snap Fitness; and three ongoing projects: Liquor Corral, All Faith Community Services, and Bucks Car Wash. The Catalyst application review process was also outlined. For the application under consideration, staff confirmed the proposed improvements are located in the downtown area and were reviewed for consistency with the Downtown Specific Area Plan (DSAP). The application submitted by Barbon Asadero proposed approximately $33,000 in improvements. The applicant’s contribution would be just over $10,000, with a requested Catalyst reimbursement of $22,722. Proposed improvements include removing the eastern storefront entrance and completing the façade, along with new signage, landscaping, lighting, and awnings. The improvements are intended to enhance the visibility of the business, improve pedestrian experience, and create additional interior seating through removal of the existing door. Councilmember Berry and Mayor Orsborn provided supportive remarks regarding the downtown impact and the Barbon Asadero project. A motion was made by Councilmember Heustis and seconded by Councilmember HagEstad to approve funding one Economic Development Catalyst Program applicant in the amount of $22,722, plus certain City fees eligible for reimbursement. Motion passed unanimously. 5.B Council to take action on Resolution No. 83-26 adopting the Notice of Intent to enter into an Economic Development Tax Incentive Agreement with Festival Marketplace, LLC, an Arizona limited liability company, and findings of fact. Staff Liaison: Suzanne Boyles, Economic Development Director Ms. Boyles presented an overview of the Notice of Intent to enter into a Development Agreement with Festival Marketplace, a proposed 15-acre mixed-use retail, dining, and service center at the northeast corner of Sun Valley Parkway and Canyon Springs, developed by Peterson Group. The proposed development includes a 115,000-square-foot commercial center with a full-service grocery store and associated public infrastructure. An independent economic impact analysis by Elliott D. Pollack & Company estimated nearly $37 million in capital investment, 160 construction jobs, 330 permanent jobs, $1.7 million in direct City revenue during construction, $2.1 million annually upon stabilization, and $22 million over 10 years. The proposed Development Agreement would provide a performance-based reimbursement of eligible public infrastructure costs not to exceed $1.46 million, based on 49 percent of construction and retail sales tax generated by the center, and would only be payable if the development September 15, 2026 Regular Council Meeting Minutes meets the agreement requirements. The reimbursement is anticipated to be recouped within two years of the grocery store opening. Festival Marketplace would be required to construct the grocery store and associated public infrastructure, including traffic signal improvements and certain off-site water, sewer, and paving costs. Construction is anticipated to begin by June 2027 and be completed by December 2027. The development is expected to provide additional retail and services to an underserved area and recapture retail spending currently occurring in surrounding communities. A separate public infrastructure reimbursement agreement for regional off-site improvements not to exceed $2.3 million will be presented to Council at a future date. Councilmember HagEstad expressed appreciation to staff and Peterson Group for their efforts to bring retail development to the Sun Valley Parkway area. Councilmember Berry requested information regarding the distance to the nearest grocery store and whether the proposed development would recapture retail spending within the City. Ms. Boyles stated the nearest Buckeye grocery store is on Miller Road and confirmed the development would help retain retail sales revenue within the City. Based on questions from Mayor Orsborn, Ms. Boyles explained that the area now meets evolving retailer trade area requirements due to growth along Sun Valley Parkway. The proposed reimbursement agreements were also discussed, including project-specific and regional infrastructure, with both reimbursements being performance based and subject to applicable requirements. Potential uses within the development include financial, automotive, restaurant, hardware, and other complementary retail and services. Michael Neuses presented statements regarding the proposed Development Agreement. Based on questions from Mayor Orsborn and Councilmember HagEstad, Ms. Boyles clarified the proposed reimbursement applies only to public infrastructure and all on-site infrastructure is the developer's responsibility. The performance-based reimbursement and statutory requirements for entering into the Development Agreement were also clarified. A motion was made by Councilmember HagEstad and seconded by Councilmember Heustis to adopt Resolution No. 83-26 adopting the Notice of Intent to enter into an Economic Development Tax Incentive Agreement with Festival Marketplace, LLC, an Arizona limited liability company, and findings of fact. Motion passed unanimously. 6. Comments from the Mayor and Council Councilmember Heustis recognized participants in the 9/11 remembrance events at Verrado and Festival Ranch and thanked those involved. Mayor Orsborn recognized the Buckeye Valley Chamber of Commerce and Buckeye Hispanic Chamber of Commerce for hosting the Consul General of Mexico for the El Grito celebration at 6th Street Plaza. 7. City Manager's Report and Summary of Current Events Mr. Sandstrom presented a 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 6:57 p.m. _________________________________ Eric W. Orsborn, Mayor ATTEST: _____________________________________ Summer Stewart, Interim City Clerk September 15, 2026 Regular Council Meeting Minutes I hereby certify that the foregoing minutes are a true and correct copy of the Regular Council Meeting held on September 15, 2026. I further certify that a quorum was present. _____________________________________ Summer Stewart, Interim City Clerk September 15, 2026 Regular Council Meeting Minutes