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ITEM #: 17.
DATE: 01/27/2025
AI #:2428

CITY COUNCIL ACTION REPORT

SUBJECT:

AMENDMENT OF RIGHT-OF-WAY MANAGEMENT FEES IN MUNICIPAL USER FEE SCHEDULE

STAFF PRESENTER(S):

Katie Wilken, Development Services Director

SUMMARY

This item requests to amend fees in the Goodyear Municipal User Fees Schedule to increase certain fees and to add certain new fees to capture the costs of the services provided, the value of the use of city right-of-way, and to provide incentives for those working within city right-of-way to minimize the scope and duration of closures and restrictions to city right-of-way as well as the timing of those closures and restrictions.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

ADOPT RESOLUTION NO. 2025-2443 AMENDING THE CITY OF GOODYEAR MUNICIPAL USER FEE SCHEDULE AND PROVIDING FOR AN EFFECTIVE DATE. (Katie Wilken, Development Services Director)

FISCAL IMPACT

The proposed amendment to the current fee schedule increases existing fees and establishes new fees for traffic control permits. Fee revenue is anticipated to recover costs associated with the City's management of the traffic control program.

BACKGROUND AND PREVIOUS ACTIONS

MGT Consulting was retained by the city to prepare a study of the costs of services provided by the city and the users fees needed to recover those costs. On November 21, 2021, Council adopted the Goodyear Municipal User Fee Schedule based on the MGT Consulting study. The Goodyear Municipal User Fee Schedule has been amended three times since its adoption; once to amend certain building and fire safety fees, once to amend fees for reviews of preliminary plats and dry utility boring fees, and once to amend the fee for the production of Body Camera Videos.

Traffic control permits are required for all construction work that takes place in city right-of-way or impacts traffic in the right-of-way. This includes work completed by private development, public entities, including the city, and private utilities. The type of work being completed may include street and underground utility construction or maintenance but can also include construction on adjacent private property that encroaches into city right-of-way. Road closures for community events may also require a traffic control permit. The Goodyear Municipal User Fee Schedule includes fees for the management of city right-of-way, but the current right-of-way management fees have been in place since 2016.

STAFF ANALYSIS

Traffic Control Permit submittals have increased by 180% since 2020. There are significantly more construction projects occurring in Goodyear resulting in an associated increase in road restrictions and closures, which adversely impact the traveling public and business community. The city has recently experienced significant disruptions in traffic flows resulting from lengthy road restrictions and closures associated with a number of projects.

The current right-of-way management fees do not contemplate the costs of all of the staff time associated with the administration, issuance, and management of traffic control permits, nor do the fees contemplate the value of the non-traffic use of city right or provide any incentive to minimize the scope of restrictions and closures or to timely complete projects to minimize the length of closures and restrictions of city right-of-way. The insufficiency of the current fees is based in large part on the current "one size fits all" approach. The same fee applies whether a project restricts lanes on a major arterial roadway or a minor collector roadway, or if a project restricts or closes a half-mile (½ mile) of a road versus three (3) miles of a road, or if a project restricts or closes one lane of a road or multiple lanes.

City staff researched the fee schedules of other Valley cities and there are a variety of approaches. However, Phoenix, Glendale, and Chandler have fee schedules that discourage full closures and major restrictions and encourage completing right-of-way work per an approved schedule.

Staff is proposing a fee structure that is aligned with the Phoenix, Glendale, and Chandler models. The proposed fees were presented to the development community at our Development Advisory Forum meeting on September 10th, distributed via e-mail to the development community, and posted in accordance with state statute. To date, there have been no objections received.

Staff also presented the proposed fees to Council at its Work Session meeting on November 4, 2024.

The proposed fee structure includes:

Increases in certain fees.
A new base traffic control permit fee for services that are being provided, but the cost of which is not captured in any of the current fees.
A separate expedited traffic control application review fee to clarify what fees are to be doubled.
A fee for the closure or relocation of an active bus stop.
Different fees for restrictions and closures of city right-of-way based on number of lanes restricted and the length (distance) of the restriction.
Different fees for restrictions and closures of city right-of-way that distinguish between roadway classifications (i.e. arterials, major collectors, collectors, local roads and alleys).
New fees for restrictions of median left turn lanes and right turn lanes on Arterial and Major Collectors at non-signalized intersections.
Different fees for peak hours, non-peak hours and 24-hour closures to encourage minimizing traffic disruptions.

The revised fees not only serve to capture costs of the services provided and the value associated with the use of city right-of-way, but the revised fees should incentivize those working within city right-of-way to minimize the scope and duration of the closures and restrictions to city right-of-way as well as the timing of restriction or closure.

The new fees will take effect on February 26, 2025.

Staff recommends that the City Council adopt Resolution 2025-2443, with Exhibit A (the City of Goodyear Municipal User Fee Schedule) included as Attachment A, and the Notice, posted in accordance with state law, included as Attachment B.

Attachments

Resolution with Exhibit A

Attachment B - Notice