PLEASE SILENCE ALL ELECTRONIC COMMUNICATION DEVICES. THANK YOU.


NOTICE OF POSSIBLE QUORUM OF THE CITY OF BUCKEYE PLANNING AND ZONING COMMISSION OR OTHER COUNCIL APPOINTED BOARD: PLEASE NOTE THAT THERE MAY BE A QUORUM PRESENT BUT THERE WILL BE NO VOTING TAKING PLACE BY THE CITY PLANNING AND ZONING COMMISSION OR OTHER COUNCIL APPOINTED BOARD AT THIS MEETING.

CITY OF BUCKEYE

REGULAR COUNCIL MEETING

August 7, 2018

AGENDA

REVISED AGENDA / Please note Item *6S. related to a Development Agreement with Quantum Holdings has been removed; the remaining items on the Consent Agenda have been renumbered accordingly.

City Council Chambers / REVISED AGENDA

530 E. Monroe Ave.

Buckeye, AZ 85326

6:00 PM

Accessibility for all persons with disabilities will be provided upon request. Please telephone your accommodation request (623) 349-6911, 72 hours in advance if you need a sign language interpreter or alternate materials for a visual or hearing impairment.



Members of the City Council will either attend in person or by telephone conference call or video    presentation.  Items listed may be considered by the Council in any order.



1.Call to Order/Invocation/Pledge of Allegiance/Roll Call
2.Comments from the Public - Members of the audience may comment on any item of interest.

Council Action: Open Meeting Law does not permit Council discussion of items not specifically on the agenda

3.Awards/Presentations/Proclamations
Mayor Meck will proclaim the month of August, 2018 as Drowning Impact Awareness Month
Mayor Meck to recognize Ashton Berrier for earning the rank of Eagle Scout.
4.Minutes

Council to take action on approval of the minutes of the June 19, 2018 Council Workshop, June 19, 2018 Regular and Special Council Meeting, July 3, 2018 Council Workshop, and the July 3, 2018 Regular Council Meeting.

5.Expenditures
Council to take action on the request to ratify the payment of the accounts payable expenditures made. Copies of invoices are available at City Hall.
6.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. There will be no separate discussion of these items unless a Councilmember requests, in which event the item will be removed from the consent agenda and considered in its normal sequence.
*6.A

Council to take action on the Memorandum of Understanding (MOU) between the City Manager of the City of Buckeye and the Buckeye Police Association for the 2018-2019 Fiscal Year.

Summary:

On September 16, 2008 Council adopted Ordinance 67-08 amending the City Code by adding new Article 3-6, Meet and Confer Process. The Buckeye Police Association, being a recognized Employee Organization per Ordinance 67-08, submitted their Fiscal year 2018-2019 proposal of items for discussion to the City Manager within the required timeframes. Action will confirm that the City and its employees share an interest in fostering harmonious and cooperative relations and establishes an orderly process by which certain regular, non-probationary employees of the City and their designated representatives can meet and confer with the City Manager or the City Manager's designated representatives relating to their wages, hours, and working conditions.

Staff Liaison: Nancy Love, Human Resources Director, (623) 349-6255, nlove@buckeyeaz.gov
*6.B

Council to take action on Resolution No. 43-18 ratifying the submission of a grant proposal to the Tohono O'odham Nation for funding to support the City of Buckeye Fire Department's Community Paramedicine Program, and authorizing the City Manager or the City's Fire Chief to execute and deliver the resulting grant agreement on behalf of the City.

Summary:

This grant proposal requests funding for equipment and supplies for the Fire Department's Community Paramedicine Program. If this grant is awarded, it will allow the program to purchase much needed home testing equipment (blood pressure and blood sugar) and smoke alarms for our low-income patients in the total amount of $6,700. There is no City required fund match related to this grant award.

Staff Liaison: Bob Costello, Fire Chief, (623) 349-6723, bcostello@buckeyeaz.gov
*6.C

Council to take action on the Legal Services Agreement between the City of Buckeye and Edwards & Amato, P.C. for legal services to be provided to the Buckeye Police Department for Fiscal Year 2018-2019; authorizing the City Manager to execute and deliver said Agreement; and authorizing the expenditure of funds for payment of services under said Agreement in an amount not to exceed $30,000.00 to be paid from the Professional Services Fund.

Summary:

Edwards & Ginn, P.C. has provided legal and training services to the Police Department since 2007.  Beverly Ginn retired effective June 30, 2018.  Bill Amato will be joining the firm.  The firm name changed to Edwards & Amato, P.C. effective July 1, 2018. Edwards & Amato, P.C. will perform legal consultation and training to the Buckeye Police Department.   Edwards & Amato specializes in criminal law and provides advice to the Buckeye Police Department with aspects in developing police field procedures that comply with the law in areas such as search and seizure policies, reporting on recent cases and other changes to the law, providing training to the officers, and being on–call 24/7 to answer any questions a field supervisor may be confronting while on duty.  The terms of the agreement require that the City Attorney be kept up to date on the services provided. 

Staff Liaison: Larry Hall, Police Chief, (623) 349-6438, lhall@buckeyeaz.gov
*6.DCouncil to take action on Resolution No. 46-18 ratifying the submission of a grant application to the U.S. Department Of Justice’s Office for Victims of Crime FY 2018 Law Enforcement-Based Direct Victim Services and Technical Assistance Program Grant for funding to support the employment of a victim advocate and a victim services administrative assistant; accepting the resulting grant agreement; and authorizing the City Manager and Police Department Chief to execute and deliver the resulting grant agreement on behalf of the City.
Summary:

The Buckeye Police Department has applied for funding from the Department of Justice through the Office for Victims of Crime to fund two positions, a Victim Advocate and Victim Services Administrative Assistant. The two positions will assist crime victims within the City. Funding is requested in the total amount of $414,216, which will fund the two positions for three years.

Staff Liaison: Larry Hall, Police Chief, (623) 349-6438, lhall@buckeyeaz.gov
*6.E

Council to take action on Resolution No. 47-18 approving the Intergovernmental Agreement between the City of Buckeye and Aqua Fria Union High School District No. 216, relating to School Resource Officer services; and authorizing the Mayor to execute and deliver said Agreement.

Summary:

The Buckeye Police Department will work in conjunction with the Aqua Fria High School District to provide School Resource Officer (SRO) services at Verrado High School for the upcoming 2018-2019 school year. The agreement will allow officers on campus to provide SRO related services and duties for the school, students, faculty, and staff.

Staff Liaison: Larry Hall, Police Chief, (623) 349-6438, lhall@buckeyeaz.gov
*6.F

Council to take action on the purchase of Motorola portable and vehicle radios as replacements to the existing equipment, utilizing a State Purchasing Contract, for a total amount not to exceed $1,500,000.  

Summary:

Police Department radios are over ten years old and Motorola no longer supports the existing models in use.  This purchase will replace all front line mobile and portable radios with the latest technology, which includes WiFi and GPS capabilities. The quote received from Motorola Solutions is in line with the Arizona State Purchasing Contract and includes the purchase, programming, and installation of the equipment; funds will be expended in an amount not to exceed $1,500,000.

Staff Liaison: James Tortora, Police Department Support Services Supervisor, (623) 349-6408, jtortora@buckeyeaz.gov
Larry Hall, Police Chief, (623) 349-6438, lhall@buckeyeaz.gov
*6.G

Council to take action on the purchase of water distribution materials, tools, equipment and accessories utilizing Contract (No. 2015-031a) for Goods and Services between the City of Buckeye and Ferguson Enterprises Inc. and Contract (No. 2015-031a) for Goods and Services between the City of Buckeye and Dana Kepner for new installation and on-going water distribution system maintenance for Fiscal Year 2018-2019, for a total amount not to exceed $600,000.

Summary:

Staff is requesting the approval to purchase water distribution materials, tools and accessories needed for new installation and on-going water distribution maintenance for Fiscal Year 2018-2019. Purchasing materials and related equipment will allow the Water Resources Department to perform maintenance, emergency repairs and upgrades necessary related to the delivery of potable water for all of the current City of Buckeye service areas. Purchases will not exceed $600,000.

Staff Liaison: Michael D. Weber, Water Resources Director, (623) 349-6101, mweber@buckeyeaz.gov
*6.H

Council to take action on the purchase of water meters, equipment and accessories, utilizing City of Tempe's Contract (No. WUD-16-031-01) for new installation and on-going meter maintenance for Fiscal Year 2018-2019, for a total amount not to exceed $1,000,000.

Summary:

Staff is requesting the approval to purchase water meters, equipment and accessories needed for new installation and on-going meter maintenance for Fiscal Year 2018-2019. Purchasing additional meters and related equipment will allow the Water Resources Department to perform necessary meter maintenance and upgrades related to the water metering and the current automated meter reading system. Purchases will not exceed $1,000,000.

Staff Liaison: Michael D. Weber, Water Resources Director, (623) 349-6101, mweber@buckeyeaz.gov
*6.I

Council to take action on the Central Arizona Project (CAP) Water 2019 Delivery Agreement between the City of Buckeye and Del Webb Corporation, for the delivery of 280 acre feet of CAP Water to Festival Ranch.

Summary:

The City would like to utilize its opportunity to continue to deliver CAP water to the Del Webb Festival Ranch development at cost plus 20 percent.  The City does not have a Designated Water Supply Certification (DAWS) and would not be able to receive long-term storage credits for recharging the water or storing it at a groundwater savings facility, nor does it have the infrastructure in place to deliver the water.  This infrastructure is already in place at Festival Ranch. Continuation of an agreement with Festival Ranch would be the best use of the allocation.

Staff Liaison: Michael D. Weber, Water Resources Director, (623) 349-6101, mweber@buckeyeaz.gov
*6.J

Council to take action on a final plat of Parcel U1 of Sun City Festival generally located at the northwest corner of Canyon Springs Boulevard and Sun Valley Parkway.

Summary:

The final plat area is generally located at the northwest corner of Canyon Springs Boulevard and Sun Valley Parkway. It is approximately 15.73 acres and includes 51 age-restricted single family lots (3.24 du/ac). The proposal is consistent with the existing development in the area, the approved preliminary plat, the community master plan and the planning unit plan. Requested by Dan Pottinger, Cardno Inc., on behalf of Laura Meyers, Pulte Home Company, LLC. 

Staff Liaison: Ed Boik, Principal Planner, (623) 349-6207, eboik@buckeyeaz.gov
*6.K

Council to take action on Resolution No. 45-18 approving the Airport Property Lease Agreement by and between the City of Buckeye and Performance Air Group LLC; and authorizing the City Manager  to execute and deliver said Agreement.

Summary:

This is a five-year lease to Performance Air Group, which will provide a full-service Fixed Base Operation (FBO) to all aircraft and flight crews visiting the Buckeye Municipal Airport, including maintenance, Jet A fueling, and concierge services. Under the City's approved Airport Fee Schedule, the lease will bring in revenue of $13,351 per year for the term of the lease.

Staff Liaison: Scott Lowe, Public Works Director, (623) 349-6815, slowe@buckeyeaz.gov
*6.L

Council to take action on Fiscal Year 2018-2019 pavement maintenance in accordance with the City of Buckeye Pavement Preservation Plan; authorize the City Manager to execute and deliver all associated Contract Delivery Orders procured through normal Job Order Contract (JOC) Invitation for Bid processes, for a total amount not to exceed $1,570,000.

Summary:

The City's pavement preservation plan is designed to ensure that all of our roadways are in the best possible shape for the benefit of the traveling public.  It is a creative process that is a combination of crack-sealing, and surface treatments to ensure that we get the maximum life out of our roads with the least possible cost.  By regular application of various surface treatments, we avoid the more costly repairs and reconstructions that occur with delaying preservation applications. 

Staff Liaison: Scott Lowe, Public Works Director, (623) 349-6815, slowe@buckeyeaz.gov
*6.M

Council to take action on the purchase of three message boards and one Wheel Loader in accordance with the City Vehicle Replacement Policy and budgeted in the Fiscal Year 2018-2019 annual appropriation, utilizing various contract sources, for a total amount not to exceed $243,000; authorizing the City Manager or designee to execute and deliver all documents necessary for such purchases.  

Summary:

These replacements ensure that our maintenance dollars are expended in the most efficient manner and that replacements are sought when vehicles have met their useful primary life cycle and before major repairs are required that may adversely affect operations and/or safety. In accordance with the City of Buckeye's Vehicle Replacement Policy there are a total of four pieces of equipment that are budgeted for replacement utilizing the Highway User Revenue Fund (HURF).

Staff Liaison: Scott Lowe, Public Works Director, (623) 349-6815, slowe@buckeyeaz.gov
*6.N

Council to take action on the purchase of four Ford F150 trucks, one Ford Explorer, and related equipment, in accordance with the City Vehicle Replacement Policy and budgeted in the Fiscal Year 2018-2019 annual appropriation, for a total amount  not to exceed $134,000, utilizing various contract sources; authorizing the City Manager or designee to execute and deliver all documents necessary for such purchases.

Summary:

These replacements ensure that our maintenance dollars are expended in the most efficient manner and that replacements are sought when vehicles have met their useful primary life cycle and before major repairs are required that may adversely affect operations and/or safety. In accordance with the City of Buckeye's Vehicle Replacement Policy there are a total of five (5) vehicles that are budgeted for replacement.

Staff Liaison: Scott Lowe, Public Works Director, (623) 349-6815, slowe@buckeyeaz.gov
*6.O

Council to take action on the purchase of ten Ford F150 trucks, four Ford F250 trucks, one Ford F350 truck, two Ford F550 trucks, one Ford Transit 350 Van, three Ford Explorers, one Ford Fusion Hybrid, thirteen Chevy Tahoes, one Chevy Silverado pickup truck, one tractor, and one Fire Pumper, and related equipment, in accordance with the City Vehicle Replacement Policy and budgeted in the Fiscal Year 2018-2019 annual appropriation, for a total amount not to exceed $2,674,000, utilizing various State Contracts; authorizing the City Manager or designee to execute and deliver all documents necessary for such purchases.

Summary:

These replacements ensure that our maintenance dollars are expended in the most efficient manner and that replacements are sought when vehicles have met their useful primary life cycle and before major repairs are required that may adversely affect operations and/or safety. In accordance with the City of Buckeye's Vehicle Replacement Policy there are a total of thirty-eight vehicles and equipment that are budgeted for replacement utilizing the General Fund.

Staff Liaison: Scott Lowe, Public Works Director, (623) 349-6815, slowe@buckeyeaz.gov
*6.P

Council to take action on the ratification of Change Order Nos. 4 and 5 to the Design/Build Contract (No. 31800014) between the City of Buckeye and Kiewit/Haydon, a Joint Venture, related to the Apache Road Water Campus Project.

Summary:

The Apache Road Water Campus Project, which includes two emergency wells to supply needed water to the Sonora Vista Water Campus are moving quickly forward. To keep the project on schedule it was necessary for the City Manager to sign two Change Orders. These two change orders were approved in the Fiscal Year 2018-2019 budget. Change Order No. 4 is for materials and equipment to complete two emergency wells and Change Order No. 5 is for the furnishing and installation of reverse osmosis pilot testing equipment. The current contract amount, as modified by these change orders, is $12,880,679. The Apache Road Water Campus is a Council approved Capital Improvement Project.

Staff Liaison: Chris Williams, Construction/Procurement, (623) 349-6225, cwilliams@buckeyeaz.gov
*6.Q

Council to take action on Delivery Order No. 2 to Job Order Contract No. 2014-095 (1/5) between the City of Buckeye and Haydon Building Corp for Council Chambers Security Upgrades in an amount not to exceed $202,791.27.

Summary:

The Council Chamber Security Upgrade  project is to provide security and acoustic improvements and upgrades and an insulated ballistic wall system to the south side of the first floor of City Hall in the Council Chambers and Executive Conference room. The total budgeted amount of the contract will not exceed $202,791.27.

Staff Liaison: Chris Williams, Construction/Procurement, (623) 349-6225, cwilliams@buckeyeaz.gov
*6.R

Council to take action on approving and obtaining the bond amount ordered by the court to grant the City immediate possession of the Walton property for the Apache Road Water Campus in City of Buckeye vs. Walton Arizona, LLC (CV2018-008759). 

Summary:

City of Buckeye vs. Walton Arizona, LLC (CV2018-008759).  A bond amount of $935,000 was ordered by the court to grant the City immediate possession of the property for the Apache Road Water Campus.  This bond amount, which is based upon the appraisal of the property and the payment of any bond funds to the property owner, is subtracted from the acquisition cost of the property.

Staff Liaison: Scott Zipprich, City Engineer, (623) 349-6217, szipprich@buckeyeaz.gov
*6.S

Council to take action on the appointment of Emilie Elliott, Trey Hofmann, Shantel Leyva, and Amanda Trice as Regular Members of the Buckeye Youth Council, with a term expiration date of August 2020.

Summary:

The City encourages community involvement in our programs though our boards and commissions. The Buckeye Youth Council (BYC) consists of a diverse group of youth members representing all City communities and informs the City Council on issues related to the youth.  Emilie Elliott, Trey Hofmann, Shantel Leyva, and Amanda Trice are seeking appointment as new members to the Buckeye Youth Council.

Staff Liaison: Maria Riebs, Management Assistant to Council, (623) 349-6955, mriebs@buckeyeaz.gov
*6.TCouncil to take action on Ordinance No. 12-18 amending the City of Buckeye Code, Chapter 8, Article 8-11, Section 8-11-8 Special Event Liquor License to delegate authority to the City Clerk for approval of Special Event Liquor Licenses; providing for repeal of conflicting Ordinances; and providing for severability.
Summary:
Recent Arizona State legislative changes to liquor licensing requirements now allow for approval of Special Event Liquor Licenses by a designee in lieu of the governing body of a city or town. Staff wishes to amend the City Code to comply with these legislative changes. Approval of this Ordinance will allow the City Clerk to approve Special Event Liquor Licenses for events held within the City of Buckeye.
Staff Liaison: Lucinda Aja, City Clerk, (623) 349-6911, laja@buckeyeaz.gov
*6.U

Council to take action on Resolution No. 48-18 amending the City of Buckeye Business License Fee Schedule, Liquor License Fee Type, by repealing the Special Event (Temporary License) Series 15 fee, related to Liquor Licenses; repealing conflicting resolutions; and providing severability.

Summary:

Recent Arizona State legislative changes to liquor licensing requirements now allow for approval of Special Event Liquor Licenses by a designee in lieu of the governing body of a city or town (Item 6S., Ordinance No. 12-18). Staff wishes to provide special event liquor licenses to non-profits with no administrative charge to the applicant. If approved, Resolution No. 48-18 would offer special event liquor license applicants final approval at no charge.

Staff Liaison: Lucinda Aja, City Clerk, (623) 349-6911, laja@buckeyeaz.gov
7.Public Hearings / Non-Consent - New Business
7.A

Council will hold a public hearing and either uphold or overturn the Planning and Zoning Commission decision to approve Case # PLZ-15-00065, a preliminary plat for Mountain View South.

Summary:

Mountain View South is a 537 lot single-family residential subdivision located at the southeast corner of Yuma Road and Tuthill Road.   The project is zoned PR, Planned Residential and has a gross density of 3.86 du/ac.  The preliminary plat was unanimously approved by the Planning and Zoning Commission on March 14, 2017.  An appeal of this decision was filed by adjacent and nearby property owners on April 7, 2017.  In accordance with the Development Code, City Council is the authorized appeal review body for preliminary plats.

Staff Liaison: Ed Boik, Principal Planner, (623) 349-6207, eboik@buckeyeaz.gov
7.B

Council will hold a public hearing and take action on Ordinance No. 11-18 amending Chapter 7, Article 8.5.2 of the City of Buckeye Development Code to conform legal protest regulations with State Law.

Summary:

In 2017, the State Legislature passed HB 2116 which amended State Statute (ARS 9-462.04) relating to municipal zoning legal protest requirements. The new statute, which became effective August 2017, modifies the criteria which determine when a legal protest has been filed and a three-quarters vote of the City Council is needed to approve a rezoning request. This amendment will align City Development Code with State Statute.

Staff Liaison: Ed Boik, Principal Planner, (623) 349-6207, eboik@buckeyeaz.gov
8.City Manager’s Report and Government Relations

Council will receive brief project and program updates from City Manager and his designees

 

  • Council may ask questions that will be researched and staff will report before and at next meeting
  • No legal action will be taken at the meeting on matters discussed
  • Reports may be received on the topics list attached to the agenda
9.Comments from the Mayor and Council

Mayor and Council may present a brief summary on current events and/or report on any of the Boards and Commissions and other organizations as necessary.

Councilmember Youngker:

Public Safety Retirement Board (Police)

Councilmember HagEstad:

Vice Mayor Orsborn: 
Airport Advisory Board
Buckeye Pollution Control Corporation
Valley Metro RPTA Board 
WESTMARC 
Greater Phoenix Economic Council (GPEC) 

Councilmember Guy: 
Buckeye Youth Council
Community Development Advisory Committee (CDAC Regular Member)
Main Street Board 

Councilmember Heustis:
Library Advisory Board
All Faith Board Chairman 
Planning and Zoning Commission
Public Safety Retirement Board (Fire) 

Councilmember Hess:
Community Development Advisory Committee (CDAC Alternate Member)
Community Services Advisory Board
MAG Human Services Coordinating Committee (MAG HSCC Chair)
Southwest Lending Closet Board

Mayor Meck:
MAG Executive Committee - Chair
MAG Regional Council - Chair
MAG Economic Development Committee
White Tank Mountain Conservancy Trust - Co-Chair
Abrazo West Valley Hospital Board of Trustees
Chamber of Commerce Council Liaison
I-11 Freeway Coalition - Treasurer
Gila River El Rio River Restoration Executive Committee
Tamarisk Coalition
Estrella Mountain Community College Advisory Committee

The Council may not propose, discuss, deliberate, or take any legal action on information presented.  Council may direct inquiries to staff. 

10.Council will make a motion to adjourn the meeting.