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City Council Regular Meeting
City Hall - Council Chambers
1900 N. Civic Square

Goodyear, AZ 85395
Monday, March 3, 2025
Immediately following the Work Session that begins at 5:00 p.m.

Mayor
Joe Pizzillo
_______________

Vice Mayor
Wally Campbell
_______________

Councilmember
Brannon Hampton
_______________

Councilmember
Laura Kaino
_______________

Councilwoman
Vicki Gillis
_______________

Councilmember
Benita Beckles
_______________

Councilmember
Trey Terry
_______________

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PUBLIC 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, March 3, 2025

Meeting Agenda

Immediately following the Work Session that begins at 5:00 p.m.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE AND INVOCATION BY COUNCILMEMBER KAINO

COMMUNICATIONS

RECOGNITION OF THE ESTRELLA FOOTHILLS HIGH SCHOOL STATE CHAMPIONSHIP SWIMMER & GIRLS VOLLEY BALL TEAM & DESERT EDGE HIGH SCHOOL FOOTBALL TEAM

APPOINTMENTS

APPOINTMENTS TO CITY BOARDS, COMMISSIONS AND COMMITTEES

RECOMMENDATION

Approve the appointment to the Planning & Zoning Commission and appointment to the Arts & Culture Commission as recommended by the Council Subcommittee on City Boards, Commissions and Committees. (Jasmine Pernicano, Acting City Clerk)

PUBLIC COMMENTS/APPEARANCES FROM THE FLOOR

CONSENT

APPROVAL OF MINUTES

RECOMMENDATION

Approve the February 24, 2025 Regular draft minutes. (Jasmine Pernicano, Acting City Clerk)

APPROVAL OF NEW SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR QUIKTRIP #1503

RECOMMENDATION

Recommend approval of Application No. 321230 to the Arizona Department of Liquor Licenses and Control (DLLC) for a New Series 10 (Beer and Wine Store) liquor license for QuikTrip #1503 located at 16575 W Indian School Rd, Goodyear, AZ 85395. (Jasmine Pernicano, Acting City Clerk)

MUNICIPAL SPONSORSHIP FOR 2025 GILA RIVER INDIAN COMMUNITY REVENUE SHARING GRANT PROPOSALS

RECOMMENDATION

ADOPT RESOLUTION NO. 2025-2451 SUPPORTING THE SUBMISSION OF 2025 GRANT APPLICATIONS BY 1N10 INC, 72 AND YOU, ALICE COOPER'S SOLID ROCK TEEN CENTERS, AUTISM SOCIETY OF GREATER PHOENIX, MENDING HEARTS FOUNDATION, NEW LIFE CENTER, SOUNDS OF AUTISM, AND VALLEY OF THE SUN UNITED WAY TO THE GILA RIVER INDIAN COMMUNITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING TO SAID APPLICATIONS, AND AUTHORIZING THE CITY MANAGER TO ACCEPT AND ADMINISTER SUBSEQUENT AWARDED FUNDS, AND ANY AMENDMENTS THERETO, AS A PASS-THROUGH GRANT. (Christina Panaitescu, Community Partnerships Program Manager)

2025 GILA RIVER INDIAN COMMUNITY REVENUE SHARING GRANT PROPOSAL

RECOMMENDATION

ADOPT RESOLUTION NO. 2025-2452 AUTHORIZING THE SUBMISSION OF A PUBLIC SAFETY APPLICATION FOR STATE SHARED REVENUE GRANT PROGRAM FUNDS TO THE GILA RIVER INDIAN COMMUNITY, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING TO SAID APPLICATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT (IF GRANT FUNDS ARE AWARDED), AND AUTHORIZING THE CITY MANAGER TO APPROVE THE REQUIRED BUDGET TRANSFER (IF GRANT FUNDS ARE AWARDED). (Christina Panaitescu, Community Partnerships Program Manager)

EASEMENT GRANTING CINCINNATI REDS RIGHT TO ACCESS REDS FACILITIES FROM ADJACENT PROPERTY THROUGH BACK GATE

RECOMMENDATION

Approve the Construction, Maintenance, and Access Easement Agreement with The Cincinnati Reds LLC and providing authorization to the city manager or her designee to take actions and execute documents necessary to carry out the intent of the agreement. (Bruce Kessman, Deputy Director Ballpark General Manager)

APPROVAL OF A LICENSE AGREEMENT WITH CABLEVISION LIGHTPATH LLC FOR THE INSTALLATION OF A FIBER OPTIC NETWORK WITHIN THE CITY'S RIGHTS-OF-WAY

RECOMMENDATION

ADOPT RESOLUTION NO. 2025-2453 AUTHORIZING THE CITY MANAGER AND OR THEIR DESIGNEE TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GOODYEAR AND CABLEVISION LIGHTPATH LLC, A DELAWARE LIMITED LIABILITY COMPANY PROVIDING FOR THE CITY MANAGER AND OR THEIR DESIGNEE TO EXECUTE AMENDMENTS TO THE LICENSE AGREEMENT ASSOCIATED WITH MINOR SCRIVENER ERRORS AND TO ENTER INTO SEPARATE AGREEMENTS FOR IN-KIND EXCHANGES WHICH MAY INCLUDE FIBER AND OR CONDUIT FOR THE CITY'S EXCLUSIVE USE. (Philip Cochran, Assistant City Attorney)

BUSINESS

AGREEMENT FOR ENGINEERING, PROCUREMENT, AND CONSTRUCTION - BRINE DISPOSAL

RECOMMENDATION

Approve the Engineering, Procurement, and Construction Agreement with the city of Buckeye and Arizona Public Service (APS) and approve authorization and direction to take actions and execute the documents necessary to carry out the intent of the agreement. (Barbara Chappell, Water Services Director)

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 Council, and Manager's update on Council related matters.

FUTURE MEETINGS

Future meetings are tentatively scheduled as follows:

March 17, 2025

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 02/26/2025 at 5:17 p.m. by VM.

ITEM #: 1.
DATE: 03/03/2025
AI #:2426

CITY COUNCIL COMMUNICATION

STAFF PRESENTER(S):

Mayor Pizzillo

SUBJECT:

RECOGNITION OF THE ESTRELLA FOOTHILLS HIGH SCHOOL STATE CHAMPIONSHIP SWIMMER & GIRLS VOLLEY BALL TEAM & DESERT EDGE HIGH SCHOOL FOOTBALL TEAM

ITEM #: 2.
DATE: 03/03/2025
AI #:2455

CITY COUNCIL ACTION REPORT

SUBJECT:

APPOINTMENTS TO CITY BOARDS, COMMISSIONS AND COMMITTEES

STAFF PRESENTER(S):

Jasmine Pernicano, Acting City Clerk

SUMMARY

This item requests Council approval of the recommendations of the Council Subcommittee on City Boards, Commissions and Committees, which is charged with reviewing, interviewing, and making recommendations for appointments to fill all vacancies on City boards, commissions, and committees.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

There is no direct fiscal impact associated with these appointments.

BACKGROUND AND PREVIOUS ACTIONS

The City Council Subcommittee on City Boards, Commissions and Committees is charged with reviewing, interviewing, and making recommendations to City Council regarding appointments to fill vacancies and re-appointments to City boards, commissions, and committees.

The City Council Subcommittee met on November 20, 2024 and February 19, 2025. After a review of the applications and interviews, the City Council Subcommittee recommended the appointments to the Arts & Cultural Commission and Planning and Zoning Commission.

On January 9, 2025, City Council approved Ordinance 2025-1626, amending Goodyear City Code Article 3-9-3 updating the Goodyear Arts and Culture commission alternate members, allowing for up to three alternate members.

Per Goodyear City Code Article 3-9-3, section (F), the Arts and Culture Committee may adopt rules of procedures (Goodyear Arts & Culture Commission Bylaws, approved July 9, 2024), which allows for Alternates to serve a Four (4) year term.

STAFF ANALYSIS

The recommendations of the City Council Subcommittee are as follows:

ARTS AND CULTURAL COMMISSION

NAME

BEGINS

EXPIRES

Kimberly Hill (Alternate 2)

3/3/2025

3/2/2029

PLANNING AND ZONING COMMISSION

NAME

BEGINS

EXPIRES

Teri Roberts

3/13/2025

3/2/2028

The beginning and ending dates for commission members are based on either the by-laws of the commissions or the position availability.

ITEM #: 3.
DATE: 03/03/2025
AI #:2508

APPROVAL OF MINUTES

SUBJECT

APPROVAL OF MINUTES

RECOMMENDATION

Approve the February 24, 2025 Regular draft minutes. (Jasmine Pernicano, Acting City Clerk)

Attachments

February 24, 2025 Regular Draft Meeting Minutes

ITEM #: 4.
DATE: 03/03/2025
AI #:2443

CITY COUNCIL ACTION REPORT

SUBJECT:

APPROVAL OF NEW SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR QUIKTRIP #1503

STAFF PRESENTER(S):

Jasmine Pernicano, Acting City Clerk

OTHER PRESENTER(S):

Perry Charles Huellmantel, Agent

SUMMARY

Agent Perry Charles Huellmantel has submitted an application for a New Series 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1503, to be located at 16575 W Indian School Rd. The applicant is requesting that a recommendation of approval be forwarded to the Arizona Department of Liquor Licenses and Control (DLLC) for issuance of a 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 10 liquor license application was submitted by Mr. Huellmantel for the upcoming QuikTrip store (#1503) scheduled to open in February 2026. The application specifies that walk-up and drive-thru services are not offered on the premises. The City Clerk's office received the application from the DLLC on January 8, 2025, and the Public Hearing notice was installed on January 23, 2025, to comply with Arizona Revised Statute §4-201(b). This notice provided an opportunity for residents to voice their opinions; however, 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 (including Code Enforcement and Planning & Zoning) and neither department had any comments. The application is included as Attachment A titled DLLC Local Governing Body Report.

STAFF ANALYSIS

A Series 10 liquor license is a non-transferable, off-sale retail privileges liquor license that allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. A series 10 license may fill and sell "growlers". Reference A.R.S. § 4-244(32).

The 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 Sales/Training Manager has taken the state required Title 4 Basic & Management training. The store managers will also take the Title 4 Basic & Management training. In addition to completing the required training, a manager will be on site during all business hours. The training procedures call for all employees to be fully trained on state liquor laws upon hire and ongoing review. The training requires the employee to check a Valid ID for anyone who appears to be under the legal drinking age to purchase liquor.

There are no licensed childcare facilities or K-12 schools within 300 feet of the location to comply with Arizona Revised Statutes §4-207. For evaluation purposes, a One-Mile Report and Evaluation Map is included as Attachment B, showing there are no liquor licenses or K-12 school within a one-mile radius. City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for consideration during their licensing review process.

Attachments

Attachment A - DLLC Local Governing Body Report

Attachment B - One Mile Report and Evaluation Map

ITEM #: 5.
DATE: 03/03/2025
AI #:2475

CITY COUNCIL ACTION REPORT

SUBJECT:

MUNICIPAL SPONSORSHIP FOR 2025 GILA RIVER INDIAN COMMUNITY REVENUE SHARING GRANT PROPOSALS

STAFF PRESENTER(S):

Christina Panaitescu, Community Partnerships Program Manager

SUMMARY

The Gila River Indian Community is seeking requests for funding proposals for their 2025 State Shared Revenue grant program. Proposals must address one or more of the following priority areas: economic development, education, healthcare, public safety, or transportation. Responses are due no later than March 31, 2025.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

As a municipal sponsor, the City will act as a financial conduit between the Gila River Indian Community and the awarded organization and, as such, upon receipt of grant funds, the City will mail a check to the awarded organization covering one hundred percent (100%) of the funds received by the City for that purpose pursuant to the application submitted to the Gila River Indian Community. If awarded, appropriate budget amendments will be completed at that time.

BACKGROUND AND PREVIOUS ACTIONS

In 2002, Arizona voters approved Proposition 202, which implemented a new requirement that Tribal/State Gaming Compacts must include a provision that the compacting tribe would contribute a portion of its annual net gaming revenues (the "Annual Contribution") for the benefit of the general public. Pursuant to Proposition 202, each tribe may determine the recipients of 12 percent of its total annual contribution (the "State Shared Revenue grant program"). The State Shared Revenue Program (funded by the Cities, Towns and Counties Distribution Fund) makes grants to incorporated municipalities throughout the State of Arizona and may include non-profit organizations who obtain the support/endorsement of a city, town or county. Priority funding areas for the State Shared Revenue Progeram grants are economic development, education, healthcare, public safety and transportation.

Grants for programs and projects can range in total from $1,000 to $300,000 and can be paid out in installments to support the program for at least one but no more than three years. The Gila River Indian Community will determine the final amount and length of all grant awards; this may vary from the requested amount. The Gila River Indian Community will also consider capital requests of up to $500,000 to be paid out in installments for at least one but no more than five years. However, the ultimate level of capital contribution will be at the discretion of the Gila River Indian Community based on interest in the project and available funding.

According to the Goodyear Grants Policy, adopted by Council in December 2020, for Goodyear to serve as a municipal sponsor, all of the following criteria must be met:

The applicant must be:

Legally recognized by the IRS as a tax-exempt organization;
Eligible to apply;
In good standing with the City; and
Be located in the City of Goodyear and/or the proposed project must directly serve City of Goodyear residents.

And, the application must:

Meet the "public benefits" funding priorities of the Tribes.
Not be in direct competition with an application submitted by the City to the same Tribal community during the same funding cycle.

STAFF ANALYSIS

Non-municipal public service organizations (such as public schools, fire districts, etc.), and non-profit organizations that have tax-exempt status from the IRS, are eligible to apply; however, must partner with a municipality for application submission ("municipal sponsorship") and must provide services that benefit the general public in or around that municipality. All grant awards are made and paid to Arizona cities, towns and counties. Non-municipal organizations that wish to apply must establish a relationship with a city, town or county who will receive the grant and then distribute awarded funds as appropriate. This is in accordance with Proposition 202, distributions by tribe to cities, towns and counties.

The following eight non-profit organizations have requested Goodyear's municipal sponsorship:

1n10 Inc desires to submit an application for $3,877 to support LGBTQ+ youth attending satellite programs;
72 and You desires to submit an application for $200,000 to support mental health therapy costs for youth;
Alice Cooper's Solid Rock Teen Centers desires to submit an application for $30,000 to support music lessons and mental health improvement;
Autism Society of Greater Phoenix desires to submit an application for $1,500 to support their Traveling Sensory Bin Project;
Mending Hearts Foundation desires to submit an application for $250,000 to support a Goodyear Family Empowerment Program;
New Life Center desires to submit an application for $50,000 to support emergency shelter overall programming;
Sounds of Autism desires to submit an application for $20,000 to support growth of the Workforce and Independent Living Skills program; and
Valley of the Sun United Way desires to submit an application for $300,000 to support Read On Southwest Valley Literacy Hub.

This resolution (included as attachment A) will serve as the City's intent to accept the grant as awarded, authorizing the City Manager to accept and administer subsequent awarded funds, and any amendments thereto, as a pass-through grant. Upon the City's distribution of the awarded funds to the non-city recipient, the City shall be considered released from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-city recipient fails for any reason to expend the awarded funds in accordance with their grant application to the Gila River Indian Community.

All eight applications meet the City's criteria for municipal sponsorship and staff recommends approval of their sponsorship requests. Staff does plan to bring forward an additional proposal for an internal application to support public safety equipment and supplies. Staff does not believe that application will be in direct competition with these sponsorship requests.

Attachments

Attachment A - Resolution 2025-2451

ITEM #: 6.
DATE: 03/03/2025
AI #:2476

CITY COUNCIL ACTION REPORT

SUBJECT:

2025 GILA RIVER INDIAN COMMUNITY REVENUE SHARING GRANT PROPOSAL

STAFF PRESENTER(S):

Christina Panaitescu, Community Partnerships Program Manager

SUMMARY

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

There is no fiscal impact at this time and there is no city match requirement for this grant. The total requested amount is $180,500 across four projects. If awarded, a future budget amendment will be necessary to accommodate the expenditures.

BACKGROUND AND PREVIOUS ACTIONS

In 2002, Arizona eligible voters approved Proposition 202, which implemented a new requirement that Tribal/State Gaming Compacts must include a provision that the compacting tribe would contribute a portion of its annual net gaming revenues (the "Annual Contribution") for the benefit of the general public. Pursuant to Proposition 202, each tribe may determine the recipients of 12 percent of its total annual contribution (the "State Shared Revenue grant program").

The Gila River Indian Community has announced a request for proposals from local governments and non-profit organizations for the distribution of the fiscal year 2025 payments.

Responses are due via email no later than March 31, 2025. Notifications for funded applications will be in August 2025, with funds available by October 25, 2025.

Resolution 2025-2452 is included as attachment A.

STAFF ANALYSIS

The Gila River Indian Community offers grants ranging from $1,000 to $500,000. Awards made to the city over the past ten years have ranged from $35,000 to $120,000.

After engaging department directors for proposals, staff recommends the submission of one $180,500 public safety application for city of Goodyear Public Safety Equipment & Supplies to support park rangers, police officers and the fire department, maximizing awareness of city needs with the understanding that the Gila River Indian Community may elect to partially fund the request. The actual award will determine which projects are implemented using the funds.

Project Description

Amount

Department

Bikes for Park Rangers: 3 bikes and associated equipment to outfit bike patrols.

$8,000

Parks

Residential Lock Boxes and Hydration Packs: The fire department's residential lock box program grants emergency access to homes when occupants can't open the door, preventing property damage from forced entry. There is currently a waiting list. This request would fund170 lock boxes for the community.

The department has relied on corporate hydration donations from manufacturers with the last donation in 2023 now depleted. Hydration packets are a crucial supply, especially in summer. This request would fund 25,000 hydration packets, ensuring two per firefighter per shift.

$30,000

Fire

Online Reporting Computer for Lobby: This request is for an online reporting computer for the lobby at the Police Operations Building, allowing members of the public who do not have a computer, or are at the police station to make a report that meets the criteria for online reporting, an immediate avenue to report a crime. The request includes a stand, computer, touch screen monitor, keyboard, and printer.

$62,500

Police

Reserve Radios: The Goodyear Police Department currently has enough radios for all sworn employees and professional staff employees whose position requires a police radio. This request would fund 10 police radios(radio, charger, battery, shoulder mic) for reserve officers, chaplains, and to have spares.

$80,000

Fire

Total Request

$180,500

Attachments

Attachment A - Resolution 2025-2452

ITEM #: 7.
DATE: 03/03/2025
AI #:2501

CITY COUNCIL ACTION REPORT

SUBJECT:

EASEMENT GRANTING CINCINNATI REDS RIGHT TO ACCESS REDS FACILITIES FROM ADJACENT PROPERTY THROUGH BACK GATE

STAFF PRESENTER(S):

Bruce Kessman, Deputy Director Ballpark General Manager

SUMMARY

The Cincinnati Reds (the "Reds") have requested an easement across city-owned property that would allow these individuals (the "Reds Personnel") to access the Reds Facilities from the adjacent property through the back gate in the perimeter fence surrounding the Reds Facilities and to construct improvements within the easement area that will prevent the public from interacting with the Reds Personnel as they cross over the city property into the Reds Facilities.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

The granting of the requested easement is revenue neutral in that it will not generate any revenues or expenses. The Reds will be responsible for maintaining all the improvements and for operating all of the security features being installed.

BACKGROUND AND PREVIOUS ACTIONS

The Reds is a party to a Sports Facilities Use Agreement by and between the City of Goodyear and The Cincinnati Reds, LLC, a Delaware limited liability company dated July 14, 2008, which was amended on February 1, 2011 (the "Reds Use Agreement"). The proposed easement has not been presented to council previously, and although not required by the Reds Use Agreement, is in furtherance of the Reds right of access to the Reds Facilities.

STAFF ANALYSIS

The Cincinnati Reds (the "Reds") intend to house certain individuals involved with the operation of the Reds within the apartment complex constructed on the property adjacent to the Reds Facilities. They have requested an easement across city-owned property that would allow these individuals (the "Reds Personnel") and authorized guests to access the Reds Facilities from the adjacent property through the gate in the perimeter fence surrounding the Reds Facilities and to construct improvements within the easement area that will prevent the public from interacting with the Red Personnel as they cross over the city property into the Reds Facilities. The term of the easement would coincide with the current use agreement between the city and the Reds and any renewal or replacement thereof.

Access through the gate is currently limited to city staff. The improvements to be constructed will allow staff to continue to traverse around the Reds Facilities and to access the facilities through the gate and will include security features to prohibit unauthorized access into the Reds Facilities. Ballpark staff has approved the improvements and security features that will be constructed and/or installed.

The Reds will own all of the improvements being constructed except for the gate in the perimeter fence, and will be responsible for maintaining all of the improvements, including the gate, and for the operation of all of the security features that are installed. The agreement (Attachment A) includes a broad indemnification clause that requires the Reds to indemnify the city and its staff from claims related to the use of the easement area and improvements constructed therein, including claims for injuries arising from persons being hit by fly balls.

The improvements and security features that are to be constructed and/or installed include a sidewalk, fencing with windscreen, security cameras, an access control system, and lighting. The proposed easement, which has been approved by legal counsel, provides protections for the city against claims arising from the use of the easement area and from damages caused by persons entering the Reds Facilities through the gate. It allows the city to terminate the easement if the Reds fail to satisfy its obligations and upon such termination requires the Reds to remove the improvements that were constructed and/or installed and to restore the city's property.

Attachments

Attachment A - Agreement

ITEM #: 8.
DATE: 03/03/2025
AI #:2491

CITY COUNCIL ACTION REPORT

SUBJECT:

APPROVAL OF A LICENSE AGREEMENT WITH CABLEVISION LIGHTPATH LLC FOR THE INSTALLATION OF A FIBER OPTIC NETWORK WITHIN THE CITY'S RIGHTS-OF-WAY

STAFF PRESENTER(S):

Philip Cochran, Assistant City Attorney

SUMMARY

The license agreement is a five-year license which grants Cablevision Lightpath LLC (Lightpath) the ability to install, operate, and maintain a fiber optic communication system within rights-of-way located within the City of Goodyear. The license agreement includes the option for three additional five-year renewal terms.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

Under the license agreement, Lightpath must pay a $2,500.00 application fee to install a fiber optic network within the City of Goodyear. Each subsequent five-year renewal term requires an extension application fee of $2,500.00. Lightpath is responsible for all costs related to the construction, installation, operation, and maintenance of the fiber network within the right-of-way. Additionally, Lightpath must pay all applicable city fees for plan reviews, permit issuance, and inspections of its work within the right-of-way.

Following the installation of the fiber optic network, Lightpath is required to pay an annual fee of $0.89 per linear foot of trench within the right-of-way where it installs copper, fiber optic, or other cable conductors and/or conduit. The total payment to the city, based on the linear feet of trench, shall not exceed five percent of Lightpath's gross revenues attributed to the fiber optic network within the city's right-of-way. Additionally, Lightpath must pay an annual fee of $1,000.00 to cover the city's administration and monitoring costs. The issuance of the license agreement does not require any city expenditures.

BACKGROUND AND PREVIOUS ACTIONS

Lightpath is seeking a fiber license agreement from the city of Goodyear to install, operate, and maintain a fiber optic network within the city's rights-of-way. The planned connection locations are distributed throughout the city limits. This would be Lightpath's first license agreement with the city.

STAFF ANALYSIS

Lightpath is requesting a fiber license agreement from Goodyear to install, operate and maintain a fiber optic network within the city's rights-of-way. The locations planned for connections are throughout the city limits of Goodyear. The license will grant access to the necessary rights-of-way to enable the required permitting and inspections for installation, operation and maintenance of the network. Lightpath must obtain all necessary permits through the city's standard procedures.

The license has an initial five-year term, with the option for three additional five-year renewals. It is a non-exclusive agreement, allowing the city to grant licenses to other users within the right-of-way, including additional fiber optic network providers.

The license allows the city to enter into a separate agreement for in-kind contributions of fiber and or conduit for the city's exclusive use. The total costs of the fiber and/or conduit will be borne by Lightpath and the city will credit those expenses towards the annual fee associated with the amount of trench in the right-of-way. This option allows the city to have access to fiber optic cable and/or conduit that can be utilized for city facilities and departments without any expenditure of funds from the city. Resolution 2025-2453 with exhibit A is included as attachment A.

Attachments

Attachment A - Resolution 2025-2453 w/Exhibit A

ITEM #: 9.
DATE: 03/03/2025
AI #:2208

CITY COUNCIL ACTION REPORT

SUBJECT:

AGREEMENT FOR ENGINEERING, PROCUREMENT, AND CONSTRUCTION - BRINE DISPOSAL

STAFF PRESENTER(S):

Barbara Chappell, Water Services Director

SUMMARY

Request approval of an Agreement for Engineering, Procurement, and Construction between Arizona Public Service Company (APS), the city of Goodyear (City), and the city of Buckeye (Buckeye) - Brine Disposal.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

FISCAL IMPACT

This agreement, included as Attachment A, provides for certain construction work to be completed at a cost of $9,223,200. The cost of this work is contemplated in the Brine Management Project - Palo Verde Power Generating Station Improvements - CIP 61015 (Project), which was approved on March 4, 2024, with a budget of $15,500,000.

Project Budget:

Agreement

Date

Agreement Cost

Revised Total Agreement Cost

Original Agreement

07/18/2022

$1,650,000

$1,000,000

Amendment #1

03/04/2024

$2,597,867

$3,650,000

Amendment #2

07/01/2024

$1,100,000

$4,750,000

Second Agreement

02/10/2024

$9,223,200

$13,973,200

BACKGROUND AND PREVIOUS ACTIONS

On July 18, 2022, the City Council approved a Multi-Party Agreement between the City, APS, and Buckeye for a project that would allow Brackish Water to be delivered to the Palo Verde Power Generating Station ("PVGS") to be used as cooling water through the PVGS' water reclamation supply system (WRSS) pipeline. Based on additional comments received from and changes requested by APS, City staff requested modifications to the Agreement, which were approved by Council on August 29, 2022.

Under the terms of the Agreement, the Project was to be conducted in phases. The first phase was Design Development, and it included the design of infrastructure needed to support the continued delivery of excess blowdown water from the APS-owned Redhawk Power Plant to PVGS. The second phase of the Project was to include the final system design, procurement of enhanced evaporation equipment, and the construction and installation of equipment and infrastructure (pipelines and power supplies) to accommodate the initial flows of Brackish Water from the City and Buckeye.

On March 4, 2024, Council approved the creation of capital improvement project CIP 61015 Palo Verde Power Generating Station Improvements and Amendment #1 to the Agreement incorporating the design and construction of the two tie-ins to the WRSS pipeline the city will be constructing. The cost of this work is the sole responsibility of the city. The amendment also included additional design work and procurement of long lead time items that are needed for the Brine Project to become operational. The costs of this work are shared equally between Buckeye and the city.

On July 1, 2024, Council approved the Amendment #2 that allowed for the continuation of design, purchase of long lead items, and advancement of construction of portions of the Redhawk to Palo Verde pipeline, which is necessary to support the continued operation of Redhawk after the introduction of Brackish Water to the WRSS.

STAFF ANALYSIS

This new agreement allows for the procurement and construction of the final items necessary at the PVGS and for the Redhawk facility to support its continued operation after the introduction of Brackish Water to the WRSS.

An additional Agreement for the ongoing operation and maintenance costs for sending the city's brine to PVGS will be brought before Council for action later this year.

Attachments

Attachment A - Agreement – Brine Disposal

Staff Presentation