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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.

Mayor
Joe Pizzillo
_______________

Vice Mayor
Laura Kaino
_______________

Councilmember
Sheri Lauritano
_______________

Councilmember
Wally Campbell
_______________

Councilmember
Bill Stipp
_______________

Councilmember
Brannon Hampton
_______________

Councilmember
Vicki Gillis
_______________

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CITIZEN COMMENTS/APPEARANCES FROM THE FLOOR
Please complete a speaker card and submit it to the City Clerk prior to the meeting being convened, if possible. Each speaker is limited to three (3) minutes. Once the City Clerk has called your name, step up to the lectern and begin by clearly stating your name for the record and whether you are a Goodyear resident.

NON-AGENDA ITEMS
Members of the public may address the City Council regarding any non-agenda item within the jurisdiction of the City Council. The City Council will listen to comments and may take any of the following actions:

Respond to criticism.
Request that staff investigate and report on the matter.
Request that the matter be scheduled on a future agenda.

AGENDA ITEMS
Members of the public may address the City Council regarding any item on the Consent, Public Hearing and/or Business portions of the agenda. Each speaker's name will be called in turn once the item has been reached and after City staff have completed their presentation.

PROCEDURES
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Goodyear City Council and to the general public that the Council of the city of Goodyear will hold a meeting open to the public. Public body members of the city of Goodyear will attend either in person or by telephone conference call and/or video communication. The Goodyear City Council may vote to go into Executive Session, pursuant to A.R.S. § 38-431.03(A)(3), which will not be open to the public, to discuss certain matters. Meetings are conducted in accordance with the City Council Meetings Council Rules of Procedure adopted by Resolution No.2018-1879.

City Clerk's Office: 1900 N. Civic Square, Goodyear, AZ 85395 (623) 882-7830 www.goodyearaz.gov/cityclerk
City Council Meeting Live Broadcast: https://www.facebook.com/goodyearazgov/videos

Monday, November 4, 2024

5:00 p.m.

Meeting Agenda

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE AND INVOCATION BY VICE MAYOR KAINO

COMMUNICATIONS

NASCAR CHAMPIONSHIP WEEKEND RECOGNITION PROCLAMATION

CITIZEN COMMENTS/APPEARANCES FROM THE FLOOR

CONSENT

APPROVAL OF MINUTES

RECOMMENDATION

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)

PUBLIC HEARINGS

The following actions will take place for each public hearing item:

A. Open the Public Hearing
B. Staff Presentation
C. Applicant Presentation (if applicable)
D. Receive Public Comment
E. Close the Public Hearing

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

RECOMMENDATION

1. 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.

2. 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. (Guadalupe Ortiz Cortez, Senior Planner)

BUSINESS

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

RECOMMENDATION

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. (Roric Massey, City Attorney)

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

RECOMMENDATION

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 . (Roric Massey, City Attorney)

11.

CALL OF SPECIAL ELECTION - MAY 20, 2025

RECOMMENDATION

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. (Darcie McCracken, City Clerk)

INFORMATION ITEMS

Comments, commendations, report on current events and presentations by Mayor, Councilmembers, staff or members of the public. The Council may not propose, discuss, deliberate or take any legal action on the information presented, pursuant to A.R.S. § 38-431.02.

Reports from the Mayor and City Council

This may include current events and activities as well as requests for information or future agenda items.

Report from the City Manager

This may include updates from events, staff summary, update of legislative issues, clarification on items being requested by City Council and Manager's update on Council Related Matters.

FUTURE MEETINGS

Future meetings are tentatively scheduled as follows:

November 18, 2024

Council Meeting

5:00 p.m.

ADJOURNMENT

THE CITY OF GOODYEAR ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 48-hour advance notice, special assistance can be provided for sight and/or hearing-impaired persons at this meeting. Reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (623) 882-7830 or Arizona Relay (TDD) 7-1-1 to request an accommodation to participate in this public meeting.

For Non-English assistance please contact the City Clerk at (623) 882-7830.

Si necesita asistencia o traducción en español, favor de llamar al menos 48 horas antes de la reunión al (623) 882-7830.

POSTING VERIFICATION
This agenda was posted on 10/30/2024 at 5:03 p.m. by VM.

ITEM #: 1.
DATE: 11/04/2024
AI #:2327

CITY COUNCIL COMMUNICATION

STAFF PRESENTER(S):

Mayor Pizzillo

SUBJECT:

NASCAR CHAMPIONSHIP WEEKEND RECOGNITION PROCLAMATION

ITEM #: 2.
DATE: 11/04/2024
AI #:2333

APPROVAL OF MINUTES

SUBJECT

APPROVAL OF MINUTES

RECOMMENDATION

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

Attachments

October 28, 2024 Draft Regular Meeting minutes

ITEM #: 3.
DATE: 11/04/2024
AI #:2268

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Jennifer Lynn Tafoya, Agent

SUMMARY

The applicant is requesting a recommendation of approval for a New Series 12 (Restaurant) liquor license.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

The applicant paid the $635 application fee for the liquor license per the Goodyear Municipal User Fee Schedule. The business will also contribute to the tax base of the community.

BACKGROUND AND PREVIOUS ACTIONS

A new Series 12 liquor license application was submitted by Ms. Tafoya on behalf of Elixir Bar and Restaurant. The establishment is presently operating under an interim permit that was issued by the Arizona Department of Liquor Licenses and Control (DLLC). A license applicant is granted an interim permit, which is a provisional authorization issued pursuant to A.R.S §4-203.01. This authorization permits the sale of spirituous liquor to continue while the application is pending. Existing licenses must be of the same series and location as the pending application, with a maximum validity period of 105 days, to qualify.

The City Clerk's office received the application from the DLLC on September 11th, 2024, and the Public Hearing notice was posted on September 26th, 2024, to comply with Arizona Revised Statute §4-201(b). No petitions or protests from qualified persons were received during the comment period. The application was routed for approval to the Police Department and the Development Services Department (Code Compliance and Planning & Zoning), and the departments had no comments.

STAFF ANALYSIS

A Series 12 license is for a restaurant and is non-transferrable. This on-sale retail privileges liquor license allows the holder to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.

DLLC requires license owners, agents, and managers actively involved in the day-to-day operations of the business to complete a state-approved management training course prior to the issuance of a liquor license. The owner has completed the Title 4 Basic & Management training. Managers and staff will monitor guest alcohol consumption through the licensed premises. The restaurant's policy is to require a valid ID for anyone who appears to be under the legal drinking age.

There are no licensed childcare facilities or K-12 schools within 300 feet of the location to comply with Arizona Revised Statutes §4-207. City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for consideration during their licensing review process.

Attachments

DLLC Local Governing Body Report

One Mile Report and Evaluation Map

ITEM #: 4.
DATE: 11/04/2024
AI #:2304

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Theresa June Morse, Agent

SUMMARY

The applicant is requesting a recommendation of approval for a New Series 12 (Restaurant) liquor license.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

The applicant paid the $635 application fee for the liquor license per the Goodyear Municipal User Fee Schedule. The business will also contribute to the tax base of the community.

BACKGROUND AND PREVIOUS ACTIONS

A new Series 12 liquor license application was submitted by Ms. Morse on behalf of Rubio's Fresh Mexican Grill #225. The establishment is presently operating under an interim permit that was issued by the Arizona Department of Liquor Licenses and Control (DLLC). A license applicant is granted an interim permit, which is a provisional authorization issued pursuant to A.R.S §4-203.01. This authorization permits the sale of spirituous liquor to continue while the application is pending. Existing licenses must be of the same series and location as the pending application, with a maximum validity period of 105 days, to qualify.

The City Clerk's office received the application from the DLLC on September 18th, 2024, and the Public Hearing notice was posted on October 14th, 2024, to comply with Arizona Revised Statute §4-201(b). No petitions or protests from qualified persons were received during the comment period. The application was routed for approval to the Police Department and the Development Services Department (Code Compliance and Planning & Zoning), and the departments had no comments.

STAFF ANALYSIS

A Series 12 license is for a restaurant and is non-transferrable. This on-sale retail privileges liquor license allows the holder to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.

DLLC requires license owners, agents, and managers actively involved in the day-to-day operations of the business to complete a state-approved management training course prior to the issuance of a liquor license. The on-site manager has completed the Title 4 Basic & Management training. Managers and staff will monitor guest alcohol consumption through the licensed premises. The restaurant's policy is to require a valid ID for anyone who appears to be under the legal drinking age.

There are no licensed childcare facilities or K-12 schools within 300 feet of the location to comply with Arizona Revised Statutes §4-207. City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for consideration during their licensing review process.

Attachments

DLLC Local Governing Body Report

One Mile Report and Evaluation Map

ITEM #: 5.
DATE: 11/04/2024
AI #:2285

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Anthony Dudley, Acting Water Services Director

OTHER PRESENTER(S):

Jose Murillo, Water Services Utility Engineer

SUMMARY

A request to authorize the expenditure of construction funds up to $690,000 for Capital Improvement Program (CIP) Project #60075 – Bullard Water Campus Pre-Filter Replacement.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

CIP Project #60075 – Bullard Water Campus Pre-Filter Replacement is currently programmed in the FY2025 CIP with a total project budget of $967,200 with an estimated completion date of June 2025.

BACKGROUND AND PREVIOUS ACTIONS

Per city of Goodyear Resolution 08-1255, all expenditures of budgeted funds in excess of $500,000 must obtain Council approval.

On April 25, 2022 (AI-602), Council approved CIP #60075 Bullard Water Campus Pre-Filter Replacement in the adoption of the FY2023 City of Goodyear City Manager's Recommended Budget.

STAFF ANALYSIS

CIP Project #60075 – Bullard Water Campus (BWC) Pre-Filter Replacement will provide final construction services for the project. In general, the proposed improvements include demolition of the existing 10-micron filters at the BWC. The current filters are 16 years old and have reached the end of their operational life cycle. Staff routinely perform repairs and modifications to the filters to maintain their functionality. A pre-design study, including particulate size distribution (PSD) testing, was performed. The study results did not support in-kind or similar replacement for the 10-micron pre-filters. The PSD results showed that less than 1% of the particles were larger than 10 microns and would be captured by pre-filters. The study recommended the installation of sand filters at each well site in lieu of 10-micron pre-filters at the BWC.

The project scope shifted to detailed design, construction, and commissioning for sand separators at Well 19, Well 22, and Well 26. The installation and maintenance of 3 sand separators proved to be more economical than the replacement of the existing pre-filters.

This Council Action Request is to obtain authorization for the expenditure for the construction of CIP Project #60075 – Bullard Water Campus Pre-Filter Replacement.

ITEM #: 6.
DATE: 11/04/2024
AI #:2325

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Brian Woodard, Emergency Manager

SUMMARY

This IGA between Maricopa County Department of Emergency Management and the City of Goodyear provides emergency planning software, services and support for incident response within the City of Goodyear.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

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

FISCAL IMPACT

The shared cost to the City of Goodyear for FY24-25 is $8,259.90 which is included in the Fire Department's general fund budget.

BACKGROUND AND PREVIOUS ACTIONS

Twenty-six jurisdictions participate in this regional IGA. This annual fee pays for the Emergency Operations Center software component as well as a variety of services such as assistance in writing and updating the jurisdiction's emergency plan, assistance in conducting training exercises, and providing a liaison to the city during large emergencies. It enables municipal partners to share equipment and staff in the event of an emergency which allows for cost-efficiencies, and rapid response. The agreement provides planning, training, and expert staff resources at Goodyear's disposal. The partner funding is leveraged against the county contribution and then matched by federal dollars. This leveraging maximizes the value of the municipal funding portion.

ITEM #: 7.
DATE: 11/04/2024
AI #:2273

CITY COUNCIL ACTION REPORT

SUBJECT:

APPROVE RESOLUTION REFERRING CITY CHARTER AMENDMENTS TO THE VOTERS

STAFF PRESENTER(S):

Roric Massey, City Attorney

SUMMARY

City Council will consider for possible action approving Resolution 2024-2430 referring four questions to the qualified voters of the City of Goodyear, amending four Articles of the City of Goodyear Charter, at a Special Election on May 20, 2025.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

This item has no direct fiscal impact and the anticipated costs associated with the recommendations are minimal. Changes to the City Charter require an election and the costs associated with the election have been included in the fiscal year 2025 budget.

BACKGROUND AND PREVIOUS ACTIONS

The Arizona Constitution grants specific authority for cities with a population of more than 3,500 to adopt a city charter. This State provision recognizes the authority of locally elected decision-makers to make local decisions, and the ability of the level of government closest to the citizens to respond to specific needs in their communities. A City Charter serves as the foundational document for governance in the city. In essence, the City Charter serves as the "constitution" of the city.

The original City Charter was adopted in 1987. It has been amended multiple times, including a comprehensive review and update in 2021. On April 29, 2024, City Council created the Ad-Hoc City Charter Review Committee (Committee) and directed the Committee to review the current City Charter. The Committee was charged with completing a more limited review of certain provisions of the City Charter.

The Committee is comprised of seven Goodyear residents: John Cox (Chair), Susan Schmelzer (Vice Chair), Fran Fee, David Halm, Jason Kish, Robert Piane, and Rodie Purcell. The Committee met three times in May and June of 2024. After extensive discussion, the Committee recommended four amendments to the City Charter amending Articles I, II, IV, & VI.   The proposed amendments are summarized as follows:

Article I. The proposed amendment describes with more specificity the City's reserved powers and preserves local control in relation to land use planning and regulation to preserve local control over those matters. The amendment details that the City Council has the authority, by simple majority vote, to regulate land use and development regulations, zoning ordinances, and architectural design and site plan regulations.

Article II.   The proposed amendment to Article II recommends changes to how adjustments are made to compensation and benefits for the City Council.   The amendment preserves the role of the Citizen's Compensation Committee on salaries but adds benefits as an area the committee may make recommendations on.   The proposed amendment further specifies that the Committee's recommendations on adjustments to salaries or benefits for the City Council may only be accepted or rejected by the City Council and any adjustments become effective the following budget year.

Article IV. This proposed amendment would shift the authority to create, delete, or reorganize the various city departments from the City Council to the City Manager. This authority would be limited by the approved budget authority and would need to remain within the approved employee counts approved by the City Council.

Article VI. The proposed amendment preserves local control and clarifies that the City Council has the authority by simple majority vote to levy certain taxes including for retail, food for home consumption, online, restaurant and bar, utilities and communications, commercial real property rental, residential real property rental, hotel, and construction sales tax among others not otherwise prohibited by Federal or State Constitutions.   The amendment further preserves the city's bonding and debt issuance authority under current legal requirements.

On September 16, 2024, the Ad-Hoc City Charter Review Committee presented its recommendations to the City Council in a work session and this Resolution is in conformance with the Committee's recommendations.

STAFF ANALYSIS

Any proposed changes to the City Charter require approval by a vote of Goodyear citizens. If the voters approve the amendments to the Charter, the Governor is then required to sign it and when that signature is affixed, the Charter is then in effect. If the City Council approves Resolution 2024-2034 and the Call of Election, the City staff and Attorney would begin the process of placing the proposed amendments on a future election ballot.

Attachments

Resolution w-Exhibits

ITEM #: 8.
DATE: 11/04/2024
AI #:2264

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Guadalupe Ortiz Cortez, Senior Planner

OTHER PRESENTER(S):

Fae Sowders with Bergin, Frakes, Smalley & Oberholtzer, PLLC

SUMMARY

Two Public Hearings and the consideration of two Annexation Ordinances for the annexation of 0.558 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC I Property) and annexation of 3.342 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC II Property).

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

Annexation of land has a fiscal impact. A brief overview of anticipated public infrastructure and service impacts is included in the staff analysis section of this staff report. The west half of Litchfield Road will be constructed by the property owners and the City will be responsible for future maintenance of the roadway.

BACKGROUND AND PREVIOUS ACTIONS

The property to be annexed into the City abuts two parcels on the west side of S. Litchfield Road. The first parcel is adjacent to the southwest corner of W. Lower Buckeye Road and S. Litchfield Road (the "SDC I Property"). The SDC I Property was zoned I-1 (Light Industrial) by Ordinance No. 2006-0997 adopted by Council on March 6, 2006. The second parcel is adjacent to the west side of S. Litchfield Road between the southern boundary of the SDC I Property and W. Broadway Road (the "SDC II Property"). The SDC II Property was zoned I-1 (Light Industrial) with a PAD Overlay by Ordinance No. 2023-1574 adopted by Council on July 10, 2023. The SDC I Property and the SDC II Property are being developed as the Stream Data Center Campus.

The owners of the SDC I Property and the SDC II Property are required to complete full half-street improvements for the west half of S. Litchfield Road adjacent to their respective properties and to dedicate the right-of-way needed for such improvements. The property to be annexed into the City abuts the west-half of S. Litchfield Road. The assessor's map reflects the property as being county right of way. Accordingly, to allow the half-street improvements to S. Litchfield Road to be constructed pursuant to the city's standards, the two property owners are seeking to have the remainder of their respective properties annexed into the city. Approximately 0.558 acres of the SDC I Property and approximately 3.342 acres of the SDC II Property are to be annexed into the city and conveyed to the city for right-of-way.

At its regular meeting on July 8, 2024, City Council voted to authorize staff to initiate the annexation process to annex approximately 0.558 acres of the SDC I Property and approximately 3.342 acres of the SDC II Property.

At its regular meeting on September 9, 2024, City Council held public hearings to consider annexation of approximately 0.558 acres of the SDC I Property and approximately 3.342 acres of the SDC II Property. There were no public speakers for the items. No action was needed at these hearings.

STAFF ANALYSIS

Current Policy:
Arizona State Statue regulates annexations. Below is a brief summary of the annexation process:

Staff conducts a cursory review of the annexation proposal.
Staff determines whether the proposed annexation area meets the state legal requirements for annexation as set forth in A.R.S. § 9-471.
Assuming the proposed annexation meets the legal requirements for annexation, staff conducts a review of the annexation proposal to determine the desirability of the annexation, which include an impact analysis of the proposed annexation.
Staff provides an impact analysis of the annexation proposal to City Council. The City Council will consider the proposal and make a determination on whether to authorize staff to proceed with the annexation.
- If authorization is not provided, then no further action on the annexation will be taken.
- If authorization is provided, staff will move forward with the state statutory requirements for annexation.
After further staff review of the proposal, a blank petition containing the legal description and an accurate map of the annexation territory is filed with the County Recorder and notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The description shall identify the entity, if any, that will be responsible for maintaining the existing rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation.
After the blank petition is filed, there is a 30-day waiting period. The first of two public hearings must be held within the last 10 days of this 30-day waiting period to receive public input on the annexation. Notices of the public hearing must be: (i) published in a newspaper of general circulation at least fifteen days before the end of the 30-day waiting period and six (6) days before the public hearing; (ii) be posted in at least three conspicuous public places in the area being annexed at least six (6) days before the public hearing; (iii) sent by first class mail to the chairperson of the board of supervisors of the county in which the property being annexed is located at least six (6) days before the public hearing; (iv) sent by first class mail, with an accurate map of the property being annexed to each owner of the real and personal property as shown on the statement provided by the county assessor and department of revenue at least six (6) days before the public hearing
After the first public hearing and after the 30-day waiting period is over, the blank petition may be signed and collected.
Once signatures have been collected on the blank petition, an annexation ordinance is prepared, and a second public hearing is held for Council's consideration of the Ordinance. If approved by Council, the signed petitions and required affidavits will be filed with the Maricopa County Recorder and a copy of the Annexation Ordinance is submitted to the Clerk of the Board of Supervisors for Maricopa County.

Details of the Request:
As set forth above, the City Council has been asked to annex portions of the SDC I Property and the SDC II Property, which is needed for the expansion of the west half of Litchfield Road adjacent to the respective properties. An aerial photo of the properties is included as Attachment A.

City Council is being asked to complete the annexation process by holding the final public hearings required before the adoption of annexation ordinances and to adopt annexation ordinances that annex the portions of the SDC I Property and the SDC II Property needed for the expansion of the west half of Litchfield Road adjacent to the respective properties and that adopt zoning for the annexed property. The Annexation Ordinance and associated Certification of Map for SDC I Property are included as Attachments B and C. The Annexation Ordinance and associated Certification of Map for SDC II Property are included as Attachments D and E.

The City's General Plan designates this area as Industrial. The existing County zoning for both properties is Rural-190 (RU-190). Upon annexation, the property would be designated the city equivalent zoning district of Agricultural (AG). The property is located within the city's municipal planning area and meets State statutory requirements for annexation.

If adopted, and assuming there are no challenges to the adoption, the annexation ordinance(s) will become final within 30 days of adoption.
Prior to these public hearings, in accordance with the City's annexation policy and state law, the following actions have occurred:

On July 8, 2024, City Council voted to authorize staff to initiate the annexation of approximately 0.558 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC I Property). At this meeting, City Council also authorized staff to initiate the annexation of approximately 3.342 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC II Property).
On July 9, 2024, staff forwarded a legal description of the properties to be annexed and a map of the Annexation Area to the Maricopa County Assessor and the Arizona Department of Revenue, Property Valuation and Equalization Division ("ADOR") requesting a list of the owners of the property to be annexed and the appraisal and assessment of the property being annexed.
On August 19, 2024, after receiving the necessary information from the Maricopa County Assessor and ADOR, a blank (unsigned) petition containing the legal description and an accurate map of all exterior boundaries, including all County rights-of-way and roadways with no taxable value, of the territory proposed to be annexed was filed with the County Recorder of Maricopa County. The blank petition was accompanied by a sworn affidavit verifying that no part of the territory for which the filing is made is subject to an earlier filing for annexation.
On September 9, 2024, City Council held a Public Hearing to discuss and take public input on the proposed annexations.
- Notices of the public hearing being held on September 9, 2024 for each annexation was published in the Arizona Republic West Valley Edition on August 23, 2024, which is at least fifteen days before the end of the 30-day waiting period and at least six (6) days before the public hearing. On August 21, 2024, notices of the public hearings were also posted in three conspicuous places in each of the properties proposed to be annexed, which is at least six (6) days before the public hearing. On August 21, 2024, notices of the public hearing along with an accurate map of the Annexation Area for each of the proposed annexations was mailed by first class mail to the County Board of Supervisors; to the County Assessor; and to the owner of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue, which is at least six (6) days before the public hearing.
- No public comment was received in regard to these annexations at the September 9, 2024 public hearings.
After the September 9, 2024 hearings and the expiration of the 30-day waiting period (September 17, 2024), the blank petitions were circulated by the applicant for signatures. As part of the annexation process, the petition must be signed by the property owners who own at least 50% of the value of the property and by at least 51% of the owners of the property being annexed. With regard to the proposed SDC I annexation, the property is owned by a single entity (SDC I Property Owner), and the appropriate signature was received. With regard to the proposed SDC II annexation, the property is owned by a single entity (SDC II Property Owner), and the appropriate signature was received.
Having collected the required signatures on the blank petitions, Annexation Ordinance No. 2024-1619 and 2024-1620 have been prepared and are being presented for City Council's consideration.

City's Annexation Policy
The Goodyear City Council adopted an annexation policy by Resolution 2001-768 that provides staff with guidelines for the evaluation of annexation requests:

A. The City's ability to provide basic services in a timely manner
B. Long-term desirability for community development and economic growth
C. Likelihood of the area being developed in Maricopa County or being annexed by another city or town
D. Ability to control the quality of land uses and infrastructure standards
E. Compatibility with General Plan, infrastructure needs, and timing of development

As discussed above, the 0.558-acre annexation proposal (SDC I) and the 3.342-acre annexation proposal (SDC II) (for a total of 3.9 acres) are immediately adjacent to two properties being developed as Stream Data Center Campus. In this case, the annexation requests involve the annexation of property that will be dedicated to the city as right-of-way for the west half of S. Litchfield Road and will be improved by the adjacent property owners to meet city standards as part of the development of the Stream Data Center Campus. The proposed annexation will not result in any increase in service requirements on the part of the city other than additional maintenance responsibilities for road improvements for the west-half of S. Litchfield Road that will be constructed to support the development of Stream Data Center Campus. It is not likely that Maricopa County will improve S. Litchfield Road between W. Lower Buckeye Road and W. Broadway Road nor is it likely that Avondale, which has annexed to the eastern boundary of S. Litchfield Road south of W. Lower Buckeye will either annex past the center line of S. Litchfield Road or develop the west half of S. Litchfield Road. This annexation will allow the city to ensure its infrastructure needs and standards are met and compatible with the General Plan.

If the two annexation Ordinances are adopted, copies of the adopted ordinances and all exhibits referred to therein are to be filed and recorded in the office of the County Recorder of Maricopa County, Arizona and a copy of the adopted ordinances and all exhibits referred to therein are to be sent to the Clerk of the Board of Supervisors of Maricopa County, Arizona.

Attachments

Attachment A - Aerial Photo

Attachment B - Ordinance No. 2024-1619

Attachment C - SDC I Certification of Map

Attachment D - Ordinance No. 2024-1620

Attachment E - SDC II Certification of Map

Staff Presentation

ITEM #: 9.
DATE: 11/04/2024
AI #:2274

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Roric Massey, City Attorney

SUMMARY

This franchise agreement grants EPCOR Water Arizona Inc. (EPCOR) the right to construct, maintain, and operate water distribution facilities within rights-of-way located within the City of Goodyear in order to provide water services for areas designated by the Arizona Corporation Commission. EPCOR does not currently provide wastewater collection services within the city of Goodyear but the franchise agreement allows EPCOR to install wastewater collection facilities within city rights-of-way at a future date if the Arizona Corporation Commission expands EPCOR's service territory. The franchise agreement would be approved or rejected by the qualified electors of the City of Goodyear at the May 20, 2025, Special Election.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

This franchise agreement requires EPCOR to pay the City of Goodyear three percent (3%) of the gross profits of the sale of water services or wastewater collection services within the boundaries of the city as a franchise fee. EPCOR currently has a license agreement with the city and pays a license fee of two percent (2%) of the gross profits of the sale of water services within the boundaries of the city. The city collects between $22,000 and $26,000 per year under the current license agreement with EPCOR. Costs associated with the special election have been included as a part of the FY2025 budget.

BACKGROUND AND PREVIOUS ACTIONS

EPCOR is a regulated utility company that supplies water and wastewater collection services to customers across Arizona. The City and EPCOR previously negotiated a license agreement to allow EPCOR to use the city right-of-way to install water distribution facilities. EPCOR has been operating within the city right-of-way under this license with the intent to enter into a franchise agreement with the city. The license allowed EPCOR to install and maintain infrastructure within the city-maintained right-of-way to provide water service within its service area. The license required EPCOR to pay a license fee of two percent (2%) of the gross receipts from the sale of potable drinking water within the license area.

STAFF ANALYSIS

Franchise agreements are authorized by the Arizona Constitution and the Goodyear City Charter. Franchise agreements are important because they provide stability and help the City of Goodyear effectively plan for the future in coordination with public utility companies. The city currently has franchise agreements with Arizona Public Service (APS) for the provision of electrical service and Southwest Gas for the provision of natural gas services.

This franchise agreement is a contract between the City of Goodyear and EPCOR. The franchise agreement gives EPCOR a non-exclusive right to use the city's streets, alleys, and other public rights-of-way to construct, maintain, and operate their water distribution facilities safely and efficiently to serve their customers in the City of Goodyear. The city will collect a three percent (3%) franchise fee for all EPCOR utilities provided to customers in the service area which currently includes water distribution facilities and may include wastewater collection if EPCOR provides these services to city residents at a future date. EPCOR is responsible for the installation and maintenance of its infrastructure at its own cost and shall be required to relocate its infrastructure when the city constructs improvements to or within the right-of-way. The franchise agreement also ensures EPCOR is using rights-of-way safely and efficiently and they comply with city regulations. Within the franchise agreement, EPCOR commits to designing, constructing, and completing any projects in a timely fashion and in partnership with the City. EPCOR will consult and coordinate with the City on a regular basis to ensure emergencies, damage mitigation, traffic control, or defaults are addressed to the best of their ability.

The Arizona Constitution requires that voters in the city approve a municipal franchise agreement. EPCOR will be responsible for costs incurred by the City for holding a general election to approve this franchise agreement and the City will equitably apportion only those costs attributable to the election of this franchise agreement to EPCOR if other items are on the ballot. If approved by a majority of the voters at the May 2025 Special Election, this franchise agreement will be effective for a term of 25-years, which is the maximum allowed by the Arizona Constitution, and will go into effect June 1, 2025. Unless terminated earlier by a written agreement this franchise agreement will be effective through May 30, 2050.

Attachments

Resolution with Exhibit A

ITEM #: 10.
DATE: 11/04/2024
AI #:2275

CITY COUNCIL ACTION REPORT

SUBJECT:

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

STAFF PRESENTER(S):

Roric Massey, City Attorney

SUMMARY

This franchise agreement grants Liberty Utilities (Litchfield Park Water and Sewer) Corp. ("Liberty") the right to construct, maintain and operate water distribution facilities and wastewater collection facilities within rights-of-way located within the City of Goodyear to provide water services and wastewater collection services in those areas designated by the Arizona Corporation Commission. The franchise agreement would be approved or rejected by the qualified electors of the City of Goodyear at the May 20, 2025, Special Election.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

This franchise agreement requires Liberty to pay the City of Goodyear three percent (3%) of the gross profits of the sale of water services or wastewater collection services within the boundaries of the city as a franchise fee. Currently, Liberty does not have a license agreement or a franchise agreement to install infrastructure in the right-of-way and has not paid either a license fee or a franchise fee to the City. Under the franchise agreement Liberty will also be responsible for paying permit fees to the city for the installation of their water or wastewater facilities. However, Liberty will deduct the total amount in permit fees paid to the city for all permit fees paid to install their infrastructure within the city right-of-way. The city could collect approximately $75,000 annually in franchise fee payments from Liberty prior to any deductions for permit fees paid. Costs associated with the special election have been included as a part of the FY2025 budget.

BACKGROUND AND PREVIOUS ACTIONS

Liberty is a regulated water and wastewater, company providing local water service and wastewater collection and treatment service within the City of Goodyear as well as Litchfield Park, Avondale, Buckeye, Glendale, Goodyear, and unincorporated Maricopa County. Liberty previously operated within Goodyear under the name Litchfield Park Water and Sewer Corporation. Liberty has been providing water service and wastewater collection and treatment services within the City of Goodyear without a license or franchise agreement and now intends to enter into a franchise agreement with the city.

STAFF ANALYSIS

Franchise agreements are authorized by the Arizona Constitution and the Goodyear City Charter. Franchise agreements are important because they provide stability and help the City of Goodyear effectively plan for the future in coordination with public utility companies. The city currently has franchise agreements with Arizona Public Service (APS) for the provision of electrical services and Southwest Gas for the provision of natural gas services.

This franchise agreement is a contract between the City of Goodyear and Liberty. The franchise agreement gives Liberty a non-exclusive right to use the city's streets, alleys, and other public rights-of-way to construct, maintain, and operate their water distribution and wastewater collection facilities within the rights-of-way safely and efficiently in order to serve their customers within the City of Goodyear. The city will collect a three percent (3%) franchise fee for Liberty's provision of water distribution and wastewater collection services provided to customers within the City of Goodyear. Liberty is responsible for the installation and maintenance of its infrastructure at its own cost and shall be required to relocate their infrastructure when the city constructs improvements to or within the right-of-way. The franchise agreement also ensures Liberty is using rights-of-way safely and efficiently and they comply with city regulations. Within the franchise agreement, Liberty commits to designing, constructing and completing any projects in a timely fashion and in partnership with the City. Liberty will consult and coordinate with City on a regular basis to ensure emergencies, damage mitigation, traffic control, or defaults are addressed to the best of their ability.

The Arizona Constitution requires that voters in the city approve a municipal franchise agreement. Liberty will be responsible for costs incurred by the City for holding a general election to approve this franchise agreement and the City will equitably apportion only those costs attributable to the election of this franchise agreement to Liberty if other items are on the ballot. If approved by a majority of the voters at the May 20, 2025 Special Election, this franchise agreement will be effective for a term of 25-years, which is the maximum allowed by the Arizona Constitution, and will go into effect June 1, 2025. Unless terminated earlier by a written agreement this franchise agreement will be effective through May 30, 2050.

Attachments

Resolution with Exhibit A

ITEM #: 11.
DATE: 11/04/2024
AI #:2272

CITY COUNCIL ACTION REPORT

SUBJECT:

CALL OF SPECIAL ELECTION - MAY 20, 2025

STAFF PRESENTER(S):

Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Roric Massey, City Attorney

SUMMARY

It is anticipated that City Council will adopt the City Charter changes and approve the two franchise agreements and refer them to the voters earlier on the November 4, 2024 agenda. This Call of Election establishes the election date for a Special Election and provides additional direction and authorization for the election.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

Costs for the May 20, 2025 Special Election are included in the FY2025 budget adopted by City Council. The city contracts with Maricopa County Elections to provide election services at a rate of $2.12 per voter. Goodyear currently has 62,786 voters, bringing the estimate of costs to approximately $134,000 for county fees. An additional $35,000 is estimated for the publicity pamphlet, which brings the total estimate of costs to $169,000 for the Special Election. The two franchisees will each reimburse the city for one third of these costs.

BACKGROUND AND PREVIOUS ACTIONS

A notice of a nonpartisan election is required when it is not a regular candidate election. Action taken earlier this evening referred multiple questions to the voters which necessitates this Call of Election in compliance with Arizona Revised Statutes §16-228 and provides the following:

Date and Purpose of Election: May 20, 2025, referring changes to the City Charter and two franchise agreements to the voters
Format: All-Mail Ballot
Last day to register: April 21, 2025
Ballots to be mailed: April 23, 2025
Ballot Drop Box: Available at City Hall, 1900 N Civic Square, beginning April 23, 2025
Ballot Replacement Site: Available at City Hall, 1900 N Civic Square, beginning Monday, May 12, 2025
Polling Place: There shall be no polling places
All ballots to be received by Maricopa County Elections: No later than 7 p.m. on Tuesday, May 20, 2025
Qualification of electors: Only qualified electors of the City of Goodyear shall be permitted to vote
Publicity Pamphlet: Arguments for and against the questions may be filed with the City Clerk between December 1, 2024, and February 19, 2025, in compliance with the conditions set forth in Exhibit B of the Resolution

Attachments

Resolution 2024-2427 with Exhibits