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City Council Regular Meeting
City Hall - Council Chambers
1900 N. Civic Square
Goodyear, AZ 85395

Monday, November 4, 2024

5:00 p.m.

Meeting Minutes

CALL TO ORDER

Mayor Pizzillo called the Regular Meeting to order at 5:00 p.m.

ROLL CALL

Present:

Mayor Joe Pizzillo; Vice Mayor Laura Kaino; Councilmember Sheri Lauritano; Councilmember Wally Campbell; Councilmember Bill Stipp; Councilmember Brannon Hampton; Councilmember Vicki Gillis

Staff Present:

City Manager Wynette Reed; City Attorney Roric Massey; City Clerk Darcie McCracken

PLEDGE OF ALLEGIANCE AND INVOCATION BY VICE MAYOR KAINO

COMMUNICATIONS

NASCAR CHAMPIONSHIP WEEKEND RECOGNITION PROCLAMATION

Mayor Pizzillo presented a proclamation to Phoenix Raceway President Latasha Causey in recognition of Nascar and the upcoming Cup Series Championship.

CITIZEN COMMENTS/APPEARANCES FROM THE FLOOR

There were no citizen comments.

CONSENT

MOTION BY Councilmember Wally Campbell, SECONDED BY Councilmember Sheri Lauritano to APPROVE Consent Agenda items 2 through 7. The motion carried as follows:

AYE:

Mayor Joe Pizzillo, Vice Mayor Laura Kaino, Councilmember Sheri Lauritano, Councilmember Wally Campbell, Councilmember Bill Stipp, Councilmember Brannon Hampton, Councilmember Vicki Gillis

Passed - Unanimously

APPROVAL OF MINUTES
Approve the October 28, 2024 Regular Meeting draft minutes. (Darcie McCracken, City Clerk)

APPROVAL OF NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR ELIXIR BAR & RESTAURANT

RECOMMENDATION
Recommend approval of Application No. 304029 to the Arizona Department of Liquor Licenses and Control (DLLC). Agent Jennifer Lynn Tafoya has submitted this application for a New Series 12 liquor license for Elixir Bar and Restaurant, which is located at 633 S Estrella Parkway #105, Goodyear, Arizona 85338. (Darcie McCracken, City Clerk)

APPROVAL OF NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RUBIO'S FRESH MEXICAN GRILL #225

RECOMMENDATION
Recommend approval of Application No. 308092 to the Arizona Department of Liquor Licenses and Control (DLLC). Agent Theresa June Morse has submitted this application for a New Series 12 liquor license for Rubio's Fresh Mexican Grill #225, which is located at 15479 W McDowell Rd. Suite 101, Goodyear, Arizona 85338. (Darcie McCracken, City Clerk)

AUTHORIZATION OF THE EXPENDITURE OF CONSTRUCTION FUNDS FOR APPROVED CIP PROJECT #60075 – BULLARD WATER CAMPUS PRE-FILTER REPLACEMENT

RECOMMENDATION
Authorize the expenditure of construction funds up to $690,000 for Capital Improvement Program (CIP) Project #60075 – Bullard Water Campus Pre-Filter Replacement. (Anthony Dudley, Acting Water Services Director).

ANNUAL ASSESSMENT FOR INTERGOVERNMENTAL AGREEMENT (IGA) WITH MARICOPA COUNTY DEPTARTMENT OF EMERGENCY MANAGEMENT

RECOMMENDATION
Approve the expenditure of annual assessment payment for the IGA with Maricopa County Department of Emergency Management. (Brian Woodard, Emergency Manager)

APPROVE RESOLUTION REFERRING CITY CHARTER AMENDMENTS TO THE VOTERS

RECOMMENDATION
ADOPT RESOLUTION NO. 2024-2430 REFERRING QUESTIONS TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF GOODYEAR WITH RESPECT TO AMENDMENTS TO THE GOODYEAR CITY CHARTER, SAID QUESTIONS TO BE SUBMITTED TO THE VOTERS AT A CITY SPECIAL ELECTION TO BE HELD ON MAY 20, 2025 . (Roric Massey, City Attorney)

In response to a question from Council, City Attorney Roric Massey responded that the city charter could be changed by Council action or a citizen initiative, both of which would then go to the Goodyear voters.

PUBLIC HEARINGS

ANNEXATION OF TWO PROPERTIES SOUTH OF W LOWER BUCKEYE ROAD FOR STREAM DATA CENTER (SDC I AND SDC II)

Mayor Pizzillo opened the Public Hearing at 5:07 p.m.

Senior Planner Guadalupe Ortiz Cortez presented a request to annex two properties to support road improvements along S. Litchfield Road related to the construction of Stream Data Center adjacent to these properties. Ms. Ortiz Cortez noted that Stream Data Center is already within the city limits. She reviewed the annexation process and explained that the annexed properties would not require any additional services beyond those currently provided to Stream Data Center.

There being no public comments, Mayor Pizzillo closed the Public Hearing at 5:11 p.m.

Council discussed the surrounding property, the specific portions of the road to be improved, the number of lanes, and any restrictions on the timeline for completing the improvements.

MOTION BY Councilmember Brannon Hampton, SECONDED BY Councilmember Sheri Lauritano to ADOPT ORDINANCE NO. 2024-1619, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING APPROXIMATELY .558 ACRES OF PROPERTY ALONG SOUTH LITCHFIELD ROAD, SOUTH OF WEST LOWER BUCKEYE ROAD, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, PROVIDING A CITY ZONING DESIGNATION OF AG AGRICULTURAL; PROVIDING AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO PROVIDE A COPY TO THE CLERK OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY. The motion carried as follows:

AYE:

Passed - Unanimously

City Clerk Darcie McCracken read Ordinance No. 2024-1620 by title only.

MOTION BY Councilmember Sheri Lauritano, SECONDED BY Vice Mayor Laura Kaino to ADOPT ORDINANCE NO. 2024-1620, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING APPROXIMATELY 3.342 ACRES OF PROPERTY ALONG SOUTH LITCHFIELD ROAD, SOUTH OF WEST LOWER BUCKEYE ROAD, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, PROVIDING A CITY ZONING DESIGNATION OF AG AGRICULTURAL; PROVIDING AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO PROVIDE A COPY TO THE CLERK OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY. The motion carried as follows:

AYE:

Passed - Unanimously

BUSINESS

APPROVAL OF A FRANCHISE AGREEMENT WITH EPCOR WATER ARIZONA INC. FOR A SPECIAL ELECTION TO BE HELD MAY 20, 2025

City Attorney Roric Massey gave one presentation covering Items 9 and 10. Mr. Massey reviewed the terms and conditions within the franchise agreements for EPCOR Water and Liberty Utilities, which include regulations for the use of city right-of-way. If approved by Council, he noted that the franchise agreements will be presented to Goodyear voters in a Special Election scheduled for May 20, 2025. Mr. Massey added that the election costs will be shared between the city and the two utility companies, with each covering one-third of the total cost. He explained that the term of each agreement is set for 25 years.

In response to Council inquiry, Mr. Massey explained that if the franchise agreements do not pass, the city would establish license agreements with the utility companies and work to revise the terms to meet the needs of the voters. He also clarified that each renewal would require voter approval, with a simple majority needed for passage.

MOTION BY Vice Mayor Laura Kaino, SECONDED BY Councilmember Brannon Hampton to ADOPT RESOLUTION NO. 2024-2431 APPROVING A FRANCHISE AGREEMENT BETWEEN THE CITY OF GOODYEAR AND EPCOR WATER ARIZONA INC., ITS SUCCESSORS AND ASSIGNS, AND PLACING THE APPROVAL OF THE FRANCHISE AGREEMENT ON THE BALLOT OF A SPECIAL ELECTION TO BE HELD ON MAY 20, 2025, THAT GRANTS EPCOR WATER ARIZONA INC., ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE UPON, OVER, AND/OR ALONG THE PUBLIC RIGHTS-OF-WAY IN THE CITY OF GOODYEAR, ARIZONA, AND FUTURE ADDITIONS THERETO, WATER DELIVERY AND WASTEWATER COLLECTION SYSTEMS WITH ALL NECESSARY APPURTENANCES, FOR THE PURPOSE OF SUPPLYING WATER AND COLLECTING WASTEWATER TO THE CITY, ITS SUCCESSORS, THE INHABITANTS THEREOF, AND PERSONS AND CORPORATIONS EITHER WITHIN OR BEYOND THE LIMITS THEREOF, FOR ALL PURPOSES, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS IN RESPECT THERETO. The motion carried as follows:

AYE:

Passed - Unanimously

10.

APPROVAL OF A FRANCHISE AGREEMENT WITH LIBERTY UTILITIES (LITCHFIELD PARK WATER AND SEWER) CORP. FOR A SPECIAL ELECTION TO BE HELD MAY 20, 2025

There was no additional presentation or discussion.

MOTION BY Councilmember Bill Stipp, SECONDED BY Councilmember Brannon Hampton to ADOPT RESOLUTION NO. 2024-2432 APPROVING A FRANCHISE AGREEMENT BETWEEN THE CITY OF GOODYEAR AND LIBERTY UTILITIES (LITCHFIELD PARK WATER AND SEWER) CORP., ITS SUCCESSORS AND ASSIGNS, AND PLACING THE APPROVAL OF THE FRANCHISE AGREEMENT ON THE BALLOT OF A SPECIAL ELECTION TO BE HELD ON MAY 20, 2025 THAT GRANTS LIBERTY UTILITIES (LITCHFIELD PARK WATER AND SEWER) CORP., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE UPON, OVER, AND/OR ALONG THE PUBLIC RIGHTS-OF-WAY IN THE CITY OF GOODYEAR, ARIZONA, AND FUTURE ADDITIONS THERETO, WATER DELIVERY AND WASTEWATER COLLECTION SYSTEMS WITH ALL NECESSARY APPURTENANCES, FOR THE PURPOSE OF SUPPLYING WATER AND COLLECTING WASTEWATER TO THE CITY, ITS SUCCESSORS, THE INHABITANTS THEREOF, AND PERSONS AND CORPORATIONS EITHER WITHIN OR BEYOND THE LIMITS THEREOF, FOR ALL PURPOSES, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS IN RESPECT THERETO. The motion carried as follows:

AYE:

Passed - Unanimously

11.

CALL OF SPECIAL ELECTION - MAY 20, 2025

City Clerk Darcie McCracken presented the request to call a Special Election on May 20, 2025, for voter approval of proposed charter amendments and the two franchise agreements previously approved. She explained that the estimated election cost is $169,000, which will be divided equally among the city and the franchisees. She noted that the election will be an all-mail ballot and added that the City Clerk's Office will accept arguments from December 1, 2024, through February 19, 2025, and prepare an informational pamphlet for Goodyear voters.

MOTION BY Councilmember Sheri Lauritano, SECONDED BY Councilmember Wally Campbell to ADOPT RESOLUTION NO. 2024-2427 CALLING A SPECIAL ELECTION FOR MAY 20, 2025; PROVIDING NOTICE OF A SPECIAL ELECTION; DESIGNATING THE DATE THAT VOTER REGISTRATION CLOSES; DESIGNATING THE PLACE AND BEGINNING AND ENDING DATES TO ACCEPT ARGUMENTS FOR AND AGAINST THE QUESTIONS; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO ALL AGREEMENTS TO EFFECTUATE ELECTION SERVICES; AND ORDERING THE CITY CLERK TO PUBLISH THE NOTICE OF ELECTION. The motion carried as follows:

AYE:

Passed - Unanimously

INFORMATION ITEMS

Council recognized employees for recent achievements, highlighted recent events that took place in the city, and shared the successful outcome of the PebbleCreek Home Tour, which supports the city’s Shop with a Cop program.

City Manager Wynette Reed reported on recent events, noting that the Chalk Art event attracted nearly 1,800 attendees, the Sounds of Autism event brought together over 397 families, and the Holiday Car Show featured 200 car entries, raising approximately $3,000.

FUTURE MEETINGS

Future meetings are tentatively scheduled as follows:

November 18, 2024

Council Meeting

5:00 p.m.

ADJOURNMENT

There being no further business to discuss, Mayor Pizzillo adjourned the Regular Meeting at 5:36 p.m.

__________________________
Darcie McCracken, City Clerk

__________________________
Joe Pizzillo, Mayor

Date:___________________

CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the CITY COUNCIL REGULAR MEETING of the city of Goodyear, Arizona, held on November 4, 2024. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this ____ day of ______________, 2024. SEAL:

_____________________________
Darcie McCracken, City Clerk