Goodyear approves Microsoft's $36 million wastewater expansion, $800,000 facilitator role
GOODYEAR, ARIZONA — March 7, 2023

Goodyear approves Microsoft's $36 million wastewater expansion, $800,000 facilitator role

Goodyear City Council approved Microsoft's third infrastructure amendment for its 279-acre data center campus with $36 million treatment plant contribution and hiring of $800,000 project facilitator to resolve ongoing infrastructure coordination challenges.


Goodyear approves Microsoft's third infrastructure amendment after three-year struggle with data-center water and discharge requirements

On March 7, 2023, the Goodyear City Council unanimously approved Microsoft's third amendment to its infrastructure development agreement for Project 1011, a 279-acre data-center campus west of Litchfield Road. The vote—6-0—clears the path for building permits and certificates of occupancy for Microsoft's second and third facilities, but only after the company commits to $36 million in wastewater treatment-plant expansion funding, a $5 million infrastructure deposit, and funding for an $800,000, two-year municipal facilitator role. The vote reflects the resolution of what Deputy City Attorney Sarah Chilton characterized as years of "temporary solutions" and piecemeal permitting decisions that neither the city nor Microsoft prefer to continue.

The three-building stretch toward full buildout has been complicated by Microsoft's accelerated construction schedule, high total-dissolved-solids (TDS) levels in Goodyear's available water supply, and infrastructure capacity constraints that were not fully anticipated when the company first acquired the property in August 2018 and the city zoned it in December 2018.

Background: How Microsoft's accelerated schedule created infrastructure chaos

Microsoft acquired the 279-acre parcel and entered into an initial infrastructure development agreement (IDA) with Goodyear in 2019. At that time, Chilton explained, the city's understanding of the full infrastructure picture was fragmentary. To accommodate Microsoft's urgent need to break ground, the city approved two unusual measures: an at-risk construction permit (normally used only for grading and drainage) that allowed Microsoft to install foundations, utility lines, and piping before all approvals were in place, and a self-certification program for building plans that bypassed normal third-party review.

"We were kind of working on 'we'll figure it out later,'" Chilton stated, describing the approach. "We haven't ever really got to the point where we had build out needs."

The first building (Phoenix 10) came online under a temporary wastewater solution: Microsoft's industrial discharge would flow through an existing trunk line beneath Broadway Road to the 157th Avenue treatment plant. To make this work, Microsoft would treat its wastewater to no more than 1,400 milligrams per liter (mg/L) of total dissolved solids—a level the city's plant could absorb.

When the second building (Phoenix 11) sought a permit, the same temporary solution was imposed. But the volume of discharge proved too large for the 500,000-gallon-per-day capacity of the Broadway Road line. Microsoft was forced to install on-site storage tanks to hold excess discharge until the line could accept it.

Now, seeking a building permit for the third building (Phoenix 12) and a certificate of occupancy for Phoenix 11, Microsoft again faced a bottleneck: the on-site storage remained incomplete, and the company wanted relief.

Key agreement provisions: Air-cooled pivot, massive treatment contribution, and the facilitator

In response to staff and Microsoft's joint discussions, the third amendment establishes a comprehensive buildout framework with these major elements:

Water-cooled-to-air-cooled conversion: Only the first three buildings will use water cooling. After Phoenix 12, all subsequent buildings will convert to air-cooled (chilled) systems. Chilton attributed this shift to the prohibitively high TDS levels in available water—recycling and supplementing the water supply to meet standards would be cost-prohibitive.

$36 million wastewater treatment plant contribution: Because Microsoft can no longer deliver treated water as a raw-water source (as originally planned), it will instead use the city's wastewater treatment capacity. To offset this, Microsoft will contribute $36 million toward the cost of a planned three-million-gallon-per-day expansion of the treatment plant. This figure is based on the anticipated 1.2 million gallons per day that Microsoft will discharge. The city will reimburse Microsoft for impact fees previously paid, since the amended agreement treats the contribution as capacity-specific rather than general impact fees. If actual expansion costs exceed the projected $90 million for three million gallons per day, Microsoft pays the difference; if they fall short, Microsoft receives a credit.

$5 million infrastructure deposit: Microsoft will deposit $5 million—a rough estimate of construction costs for the dedicated discharge line and any additional water lines—into an escrow account with First American Title or similar. As construction proceeds and invoices are submitted, the escrow will be drawn down.

Dedicated discharge line by August 24, 2024: The most critical deadline. A new dedicated discharge line will carry Microsoft's industrial discharge directly to the wastewater treatment plant, replacing reliance on the shared Broadway Road trunk line. This line must be operational by August 24, 2024, when Chilton indicated other upstream developments plan to come online and will need that shared capacity. Until the dedicated line is complete, Microsoft's discharge is capped at 500,000 gallons per day at TDS levels of up to 2,853 mg/L (roughly double the incoming TDS); any excess must be stored on site.

Final engineering study: Microsoft will complete a comprehensive final engineering study identifying all water and wastewater infrastructure needed to serve the entire campus at full buildout, removing the piecemeal approach.

$800,000 facilitator for two years: Perhaps the most unusual element—a frank acknowledgment that the current relationship has suffered from coordination failures. Microsoft will pay the city $800,000 over two years to retain a dedicated facilitator. This person will serve as a single point of contact between Microsoft and Goodyear (and Phoenix) staff, coordinating inspections, submittal requirements, and pre-application meetings to reduce rework and delays. Chilton noted that large projects often suffer from "too many cooks in the kitchen."

"We're thankful that they were willing to put this kind of money up for a two-year period," Chilton said. "We'll enter the contract and then we'll use those funds to pay that contract."

Water supply grandfathering: Microsoft has already provided a grandfathered irrigation right, converted to potable use, to offset any additional water needs. If demand exceeds this supply, Microsoft has agreed to pay for the city to acquire additional water.

Council discussion: Relief tempered by caution on precedent

The council's response was largely supportive but included pointed questions from Councilmember Wally Campbell about the interim certificate of occupancy for Phoenix 11 without completed infrastructure.

"I don't like giving anyone a certificate of occupancy if they're not completed… because we're rewriting all of the rules. So if we're doing it for one company, we're going to have to do it for all of the companies." — Councilmember Wally Campbell

Chilton explained that standard practice is to hold certificates of occupancy until infrastructure is in place, but that building permits themselves can proceed even if final infrastructure remains incomplete—provided that the infrastructure is required to be completed before occupancy. In Microsoft's case, the interim permit for Phoenix 11 allows use of the temporary Broadway Road line (at higher TDS levels) until the dedicated discharge line comes online in August 2024.

Vice Mayor Brannon Hampton praised the effort but underscored the city's responsibility to its own future growth:

"I appreciate how accommodating we've been for Microsoft's needs and changing their business plans and things, and certainly you've done a lot to work out temporary solutions. I think it's important though that we don't neglect the city's needs as well… the piecemeal approach has been a little bit of a challenge. So I think you're on the right track to get this working well, and so I think the plan you've identified to identify all the infrastructure and work it all out is very appropriate and probably long overdue." — Brannon Hampton also thanked Microsoft for the cooperation and financial commitment:

"Thank you for all the hard work that it takes to get to this point here. I know when Microsoft first came, we were very excited, we still are, and we wanted to get them going as quick as they could, so I know we were really helping them, and that's how we kind of got to this point here. So I do appreciate all the work with staff and also Microsoft coming to the table and providing the right solution for all parties as well." — Councilmember Brannon Hampton

Councilmember Laura Kaino echoed Hampton's thanks and highlighted the shift to air-cooled systems as beneficial to water sustainability:

"I appreciate the cooperation that we had with Microsoft, and I think that's very important. It shows how cities and businesses can work together for basically what's a win-win situation. We're glad that they're in our city, and we're glad that we're able to work with them and move this forward. I really do like that we're switching to air cooled; I think that's really going to be helpful with the situation with the water." — Councilmember Laura Kaino

Councilmember Trey Terry also noted the complexity of the project and the investment at stake:

"I can appreciate all the hard work that went in this back and forth in the hours, and the fact that you were able to come to an agreement to move this forward—some major project going on in the City of Goodyear right now. I appreciate Microsoft's cooperation, the city's cooperation, and I appreciate the melding of the minds happening so that you can move this project forward." — Councilmember Trey Terry

Microsoft's attorney, Cameron Carter of Rose Law Group, PC, underscored the company's commitment:

"From the initial agreement, the infrastructure development agreement or IDA, that we entered into in 2019, we always contemplated that we would come back with an amendment that would comprehensively address all of the infrastructure that's needed for the campus buildout. Each of the buildings, the data-center buildings that Microsoft builds on this campus, represents an over 300 million dollar capital investment in building on that campus in the City of Goodyear. Microsoft is excited to get its second data-center building online and then to proceed with building three and then onwards to four and five, and so forth. We're excited to continue working with the city and for the level of cooperation that we think is going to be increased with this liaison role that we're establishing." — Cameron Carter, Rose Law Group, PC (Microsoft counsel)

Project details

Vote breakdown

Outcome and next steps

Resolution 2023-2295 is approved. Microsoft may now:

Microsoft's obligations:

The facilitator role will begin immediately and cover both the Project 1011 campus (Goodyear) and Microsoft's Phoenix 70 campus, coordinating inspections, pre-application meetings, and permitting workflows for both sites.

City staff will monitor progress on the August 24, 2024 deadline closely, as other upstream development is expected to require capacity on the shared Broadway Road trunk line at that time.

Controversies and context

The third amendment is, in many respects, an admission that the first two agreements were insufficient and that the piecemeal approach has created inefficiency and frustration on both sides.

At-risk permitting and self-certification: When Microsoft first broke ground, the city granted extraordinary accommodations—permitting the installation of foundations and utilities before final approvals, and allowing Microsoft to self-certify building plans. These decisions accelerated Microsoft's timeline but left the city without a full picture of long-term infrastructure demand.

Water quality and TDS limits: Goodyear's available water supply contains unexpectedly high levels of total dissolved solids. The original plan envisioned Microsoft treating water to a potable level and returning it to the city's supply. This proved economically infeasible. The result: Microsoft now uses the city's wastewater treatment capacity instead, requiring a $36 million contribution to plant expansion.

Temporary discharge line and on-site storage: For two years, Microsoft has operated under a temporary solution—discharging wastewater into a shared Broadway Road trunk line that was never designed for industrial discharge. On-site storage tanks were needed to buffer excess volume. This arrangement satisfied neither the city (which needed to preserve trunk-line capacity for future growth) nor Microsoft (which required storage infrastructure and faced schedule delays).

Precedent concerns: Wally Campbell explicitly raised the risk that extraordinary accommodations for Microsoft could set a precedent for other large developers. Chilton's response—that interim occupancy certificates are conditional, not a waiver of buildout requirements—addressed but did not fully eliminate the concern.

Facilitator role: The $800,000 commitment to a dedicated municipal liaison is unusual and signals that the normal planning and development review process broke down at some point. It also raises a subtle question: Is the city subsidizing Microsoft's project management, or is Microsoft buying certainty and speed? The council seemed to view it as the latter—a reasonable trade for a $300 million-plus capital investment in two data-center campuses.

Upstream and downstream implications: The August 24, 2024 deadline for the dedicated discharge line is driven by other development coming online. If Microsoft misses this deadline, the shared trunk line will become congested, potentially constraining the city's ability to serve other growth. This hard deadline distinguishes the third amendment from the more flexible earlier agreements.

Other notable agenda items

FY2023 Pavement Management Projects (6-0 approval): The council approved $3,678,789 in street maintenance covering 72.48 lane miles—a 6.45% treatment of the city's 1,124 total lane miles. The treatments include asphalt micro-surfacing on arterial and collector streets and polymer-modified master seal on residential streets. City Traffic Engineer Hugh Biak noted that the city's pavement condition index (PCI) has improved from 68.1 in FY2014 (when the current management program began) to 76.4 as of FY2022. Brannon Hampton and Councilmember Lauretano both stressed the importance of preventive maintenance to avoid costlier full-reconstruction projects down the road. Wally Campbell requested that future plans prioritize Litchfield Road, which has been repeatedly disturbed by utility work and patched inefficiently; staff agreed to assess the corridor and prioritize it in a future cycle. The majority of funding comes from the city's general fund, not the Highway User Revenue Fund (HURF), underscoring reliance on sales tax and other local revenue sources.

Public Safety Grant Applications to Gila River Indian Community (6-0 approval): Resolution 2023-2293 authorized the submission of two applications for funds from the Gila River Indian Community gaming distribution program: $35,000 for a digital fire extinguisher training system (Fire Department) and $151,000 for an enhanced drone with improved battery life and zoom capabilities (Police Department). Additionally, Resolution 2023-2294 authorized the city to serve as municipal sponsor for the Southwest Valley Family YMCA's transportation application ($75,000 over three years for the WYOPAS volunteer program serving seniors). Awards are anticipated in August, with funds available in October. Assistant to City Manager Jenna Goad presented; no public comment or council discussion; all votes unanimous.

Historic Goodyear Neighborhood Alliance: Resident Kelsey Kuiper announced a neighborhood meeting on March 14 at Loma Linda Community Center to reinvigorate the historic Goodyear neighborhood alliance and establish action items in coordination with city staff. Kuiper noted that the city is developing a broader neighborhood master plan encompassing five neighborhoods, of which historic Goodyear is one. The council supportively referred the matter to the city clerk, and Kuiper was encouraged to share meeting details with staff for potential council attendance.

Duration and attendance

View source transcript ▼

Source: City Council Regular Meeting - 03/06/2023 — March 7, 2023. Auto-generated YouTube transcript; may contain transcription errors.

[Music] foreign [Music] foreign [Music] thank you [Music] thank you [Music] welcome to the Goodyear city council meeting we're excited to have you be a part of this important public process tonight you will have the opportunity to address City Council on both non-agenda and agenda items the agendas and speaker request cards are located in the back of the council chambers you must fill out a speaker request card in order to address the city council please drop your completed card in the tray next to the blank speaker cards if the meeting has already begun please hand it to the officer you may check the I do not wish to speak option on the card this allows you to still voice your opinion on an item on the record without having to speak in accordance with the Americans with Disabilities Act please contact the staff member if you need any assistance public comment on a non-agenda item will take place during the citizen comment portion of the evening these are items that don't appear on tonight's formal agenda the city clerk will call your name when it's time for you to speak at that time please approach the podium and tell us your name for the record you'll have a maximum of three minutes the timer is on the screens visible from the podium note that you may also choose not to speak if other speakers before you have said what you wanted to say shouting cheering and Loud Noises will not be tolerated and violators may be removed for disrupting the meeting Goodyear city council meeting stream live on Facebook YouTube Twitter and online at goodyearaz.gov follow the city's social media pages so you don't miss out on all that's happening in Goodyear thank you for coming to this meeting and being an active part of your city and remember it's a great time to be in Goodyear foreign like to call the regular meeting to order for March 6 2023 go ahead is everybody marked in let the record reflect the council member stip is not with us tonight and all other members are present we will need a vote to excuse him all right can I let's say you get a motion in a second to excuse council member stip e go ahead hit your button there everybody in okay we got a motion in a second uh open to voting 6-0 thank you uh join councilmember Hampton and the Pledge of Allegiance and invocation please agents to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all heavenly father thank you for today and the ability to meet in a free country thank you for the honor and privilege to serve the people of Goodyear on the city council I ask that you give us wisdom to make good decisions that affect all our citizens and future citizens be with our military here and abroad be with our First Responders as they serve the city be with our city staff as they act on behalf of the people of Goodyear thank you for your continued blessings on the City of Goodyear in your name amen amen amen thank you council member uh see we need a vote to approve the recommendations from the Council subcommittee on boards and commissions and committees can I get a motion in a second I do have a motion and a second any questions for the clerk see none go ahead and open the voting six zero it passes um Darcy would you please come forward and to administer the oath to those board members that are present thank you okay I hope this is on um so if I could be joined here Michael balson Brian Murphy uh let's see John Cox and Peter de Liberty look at this okay we're gonna do the oath so if you could go ahead and raise your right hand and repeat after me I state your name do soundly affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona and that it will bear true faith and Allegiance true faith in allegiance to the same and defend them against all enemies foreign and domestic and that it will faithfully and impartially discharge the duties of board member commissioner Committee Member according to the best of my ability so I do affirm congratulations thank you now it's time for citizens who would like to address the city council on any non-agenda items within the jurisdiction of City of Goodyear any speaker carts yes mayor Kelsey Kuiper come on down let me give you a few instructions here you may already be familiar with them but uh Council will listen to comments and may take any one of the following actions respond to criticism request the staff to investigate and report on the matter request the matter be scheduled on future agenda you have three minutes uh it'll let you know when there's 20 seconds left please for the record state your name hi good evening my name is Kelsey Kuiper I am a resident of historic Goodyear as you know the city has been working on a neighborhood master plan that encompasses five neighborhoods historic Goodyear is one of those neighborhoods as part of the initiative my neighbors and I are attempting to reinvigorate the historic Goodyear neighborhood alliance um and I we would like to invite historic Goodyear neighbors to attend a meeting on Tuesday March 14th from 6 p.m to 8 p.m at Loma Linda community center we will be discussing our priorities and as neighbors and creating an actionable list that we can work on with City staff and departments once we have a consistent schedule for our meetings we hope to see more direct engagement from the city and you are elected representatives thank you um can you go ahead and give that information to the city clerk in the meeting you may have some council members that may want to attend that meeting okay thank you thank you any other speaker cards no mayor okay thank you let's say our City attorney has asked that item 7B removed from the consent so we've removed that with the city clerk please read consent agenda items two through six and eight by title only approval of minutes creation of CIP project number 60112 Goodyear wrf master plan authorized related budget amendments and expenditures Rio intergovernmental agreement with Rio reimagined Coalition final plat for Camelback Center at PV 303 approval expenditure of funds for construction of four fiscal year 2023 CIP projects approved budget amendments and related expenditure Authority thank you does anyone on the council wish to remove an item from the consent agenda say none um Council please enter a motion in a second got a motion insect upon the board go ahead and open the voting well first any discussion no go ahead and open the voting 6-0 thank you um let's see we're going to go back to number seven I seven was pulled from the consent for the discussion the presenter is Sarah Chilton Deputy City attorney would you please come forward and present the information for the item mayor council members I'm here to present the third amendment to a Microsoft infrastructure development agreement that was entered into in 2019 just by way of background Microsoft acquired 279 Acres down between Broadway Road and MC 85 a little bit west of Litchfield the site was acquired August of 2018 it was zoned in December 2018.

at that time there was limited infrastructure for water and sewer and from the get-go Microsoft has been responsible for the construction of how infrastructure needed for the city to provide water and wastewater services we're at third amendment mostly be because Microsoft has had an accelerated construction schedule since it acquired the property some of you have been around since Microsoft acquired it but in 2019 we entered into um an at-risk construction permit we usually only do that for grading and drainage but for Microsoft we allowed them to install foundations utility lines piping before any approvals were given it was all at risk um and before we actually knew what infrastructure so even though Microsoft was always responsible or has always been responsible for all of the infrastructure needed um we were kind of working on we'll figure it out later 2019 we also entered into a development agreement that allowed them to do a self-certification for the building plans so we've always gone out of our way the city's always gone out of their way to accommodate Microsoft's construction plans but what's happened is we haven't ever really got to the point where we had build out needs so for the First Development agreement we came up with a temporary solution that allowed them to use an existing Wastewater trunk line that takes Wastewater to delivers it to the 157th Avenue plan it's about I'm not sure where it goes from but it's in Broadway Road so the um the original plan was Microsoft was going to treat water to a potable water not a potable water standard a raw water source standard so we could use it for potable water but I think the quality of water that they were receiving made that impossible so we came up with a temporary solution they were going to draw they were going to deliver waste water through that line and it was going to be treated to a level of TDS level of 1400 milligrams per liter or less um the second building came online or the second building they sought a permit again we did not have a study that included all of the infrastructure that was needed their schedule was such that they were looking for something that would get them under construction right away so the second building permit was issued on the condition that they would again deliver water through the existing pipeline in Broadway Road and that they would treat it so that the TDS level didn't exceed 1400.

to get that way that line wasn't sufficient to accommodate all of the industrial discharge so they had to do some on-site storage Microsoft is looking for their building permit for the third building and they're also looking for a certificate of occupancy for the second building but the on-site storage hasn't been completed and for that second building and um they're looking for some relief so if we change the standards and allow a higher level of total dissolved solids to be delivered to the plant they won't need to do the on-site storage so their ask is we know what the development agreement says but we'd like to get our certificate of occupancy for the second building and we'd like a certificate or a building permit for the third building so staff's ask was okay let's see what we can do to work together and come up with a solution that's mutually beneficial to the city and to Microsoft but what staff was very adamant about at this point was we need a build out solution we can no longer have the temporary solutions that we've been working on so the third amendment I believe accomplishes what staff needs well accommodating also what Microsoft would like to see um the deal points are outlined in the staff report but one of the big changes that has occurred is only the first three buildings on that site will be water cooled they're going to convert to air chilled buildings air cooled buildings after this third building part of that is as it turns out the water that we're able to deliver has high levels of TDS and it would just be cost prohibitive to recycling and take additional water supplies needed to treat it so that the TDS level was reduced [Music] um so the first one is in the development agreement only three water cooled buildings will be allowed they're going to do the final engineering study they'll identify all of the water infrastructure that's needed to deliver water to the site at full build out they will identify infrastructure that will take that industrial discharge staff has been telling Microsoft since I'm not sure exactly when but we have Upstream development that's going to need that capacity in that line that's existing in Broadway and that was never sized to accommodate industrial discharge of the of the volume that Microsoft is going to be delivering so Microsoft will get the discharge line we will allow them from their operational needs they need to have at least to the ability to recycle the water that's received twice so their TDS levels will be 1400 or double the incoming TDS level that they receive so that gives them what they need and staff in public works was comfortable with the ability of the plant to handle even that slight increase the dedicated discharge line that's going to take the industrial discharge from the plant up to or from the Phoenix 1011 site up to the wastewater treatment plant is going to need to be completed by August 24th of 2024 and that's when we anticipate other users are going to come online there's a temporary solution I'll get to that if they can't meet that deadline what they can do to accommodate that need um the plans have changed where they were originally going to send us or treat water to a level that we could use it as a raw water source but now because they can't do that they're going to be using wastewater treatment capacity so they're going to make a contribution of 36 million dollars towards the plant expansion cost that will be adjusted and that's based on anticipated needs to take 1.2 million gallons per day we calculated the deposit based on the money that we anticipate we're planning a three million gallon a day expansion and just came up with a figure for the dollar gallon our impact fees don't contemplate the kind of discharge that we'll be receiving which is why we had to treat it separately this will require the city to reimburse them for the impact fees that have been paid because they're just paying for the cost of the treatment capacity they will make that payment before the building permit is issued for the third building and if they require additional treatment capacity you know they'll pay the difference or if the cause succeed the 90 million that we expect for the 3 million they'll pay that difference obviously it'll be adjusted downward but whatever they pay for that capacity will be available to serve that property we also wanted to have some assurance that the discharge line and the water lines would be done and wanted some upfront Financial Assurance Microsoft has agreed to give us a five million dollar deposit that's based on a very rough estimate of what we think will be needed in terms of the linear feet from for the discharge line and what will be required for any additional water lines again once they have a design and we have actual numbers we'll take that 5 million we'll establish an escrow with First American Title or some Escrow Company like that they'll use that to pay for the construction costs as it incurred the other thing Microsoft is doing that we're hoping everybody is very positive and hoping that will alleviate some of the issues that we've had is they're committing to pay eight hundred thousand dollars for the city to retain for a two-year period kind of a facilitator of all things Microsoft in the city so it will this person will be working not only on the Phoenix 1011 site but also the Phoenix 70 site and they'll be trying to coordinate inspections what the submittal requirements are what you need to do to make sure your submittal gets through as you know in the first review or you know with minimal comments uh so they'll can they'll work with the staff to um have pre-app meetings to discuss issues that might come up or if issues come up they'll be the single point of contact between the city and Microsoft because you know when you have a big project like project like this you often have you know too many cooks in in the kitchen and and there's a disconnect sometimes so we're thankful that they were willing to put this kind of money up for two-year period we'll enter the contract and then we'll use those funds to pay that contract um again they're going to pay us we have to get the way sweater treatment expansion completed and once the um well once that discharge line is done they'll take everything out of that line and all that industrial discharge will go through the directed line uh once the and at that point they'll have I think I told you the TDS level would be allowed to be 1400 milligrams per liter or two times what's coming in so they'll have their two cycles um let's see there is a provision that they that they've always said that Microsoft always said if they um exceeded a certain level of Water Supplies that they would provide the Water Supplies we think we have it they've already given us a grandfathered irrigation right that was converted so we think that with the change in the operations they've already provided the water supply but if it does exceed they've agreed to pay for us to acquire additional water supplies that we may need the temporary solution that will be allowed is that no discharges from the third building will be going into that discharge line but the discharges that go from the first two will be allowed to go up to 28.53 TDs levels and the reason for that is that is what is needed for the double right now they will take that discharge and they can discharge up to 500 000 gallons per day anything in excess of that they'll have to store on site so even when that line is completed we'll still be taking the same 500 000 gallons per day that we've already committed to it'll just be transmitted to it through the discharge line anything else that is in excess of 500 000 they'll have to store on site until the plant expansion is done then once the plant expansion is done they'll start funneling it through back to the city so it took a long time I think everybody thought it was painful but I think we came up with a solution that gets us where we really needed to be which is you know should be pretty pretty much full build out if you know if they're not going to do any more water cooled so I think staff is happy with where we're at with this agreement Microsoft is putting up a lot of upfront cash all of those deposits have to be made before the building permit um so I think we're in a good place I think the hiring of the independent facilitator will help work through some of the issues and The Angst that everybody's experienced with the projects here and up in Phoenix 70s so we're very positive and staff is hoping for your support to approve this amendment thank you any speaker cards no mayor anybody in the audience like to speak come on mayor council members Cameron Carter with the rose Law Group here on behalf of Microsoft I just want to take a moment and first say thank Sarah for a comprehensive presentation and thank your staff for the close work and extensive work that they've been doing together with Microsoft as Sarah had mentioned you know from the initial agreement the the infrastructure development agreement or Ida that we entered into in 2019 we always contemplated that we would come back with an amendment that would comprehensively address all of the infrastructure that's needed for the campus build out each of the buildings the Data Center buildings that Microsoft Builds on this campus represents an over 300 million dollar investment capital investment in building on that campus in the City of Goodyear and so Microsoft is excited to get its second Data Center building online and then to proceed with building three and then onwards to four and five and so forth we're excited to continue working with the city and for the level of cooperation that we think is going to be increased with this liaison role that we're establishing it'll help Microsoft and the city work on this site on the 1011 Goodyear Airpark campus as well as on the other site here in the city so we appreciate your consideration and hope and ask for your approval tonight thank you thank you city clerk can you read a resolution number 2023-2295 by title only approving the Third Amendment to the infrastructure development agreement for project 1011 authorizing and directing the city manager to execute the third amendment providing authorization for future actions and providing for an effective date thank you will the council please enter a motion in a second to adopt resolution 2023-22-2895 I see a motion in the second on the screen open for Council discussion uh vice mayor you're up first I want to say that this project with Microsoft was a big deal and continues to be a big deal for our city and it's probably a lot more challenging than we ever would have imagined and if we knew then what we know now we've probably uh would have saved ourselves a lot of work but I appreciate how accommodating we've been for Microsoft's needs and changing their business plans and things and certainly you've done a lot to work out temporary solutions I think it's important though that we don't neglect the city's needs as well and uh to that you know the piecemeal approach has been a little bit of a challenge so I think you're on a right track to get this this working well and so I think the plan you've identified to identify all the infrastructure and work it all out is very appropriate and probably long overdue thank you for your work thank you um councilmember Hampton yeah I also just want to say uh thank you for all the hard work that take to get to this point here I know when Microsoft first came we were very excited we still are and we wanted to get them going as quick as they could so I know we were really helping them and that's how we kind of got to this point here so I do appreciate all the work with staff and also the Microsoft coming to the table and provide helping us with providing the right solution for all parties as well so so thank you for that yeah we're looking forward to Microsoft being a continued continued um employer engaged engaged employer in the City of Goodyear too so so very excited about that and I'm looking forward to just continuing to get built and be online and and provide data services so thank you councilmember Campbell Phoenix 11 the second building Phoenix 10 council member Campbell Phoenix 10 is the first building Phoenix 11 is the second building and we're looking to permit the third building which would be Phoenix 12 which is hard but we're not discussing 12 right now we're just talking about the building permit for 12.

the development agreement would allow us to issue that building permit for the three the third building and it would require those deposits be made up front and then there's uh we won't issue any certificates of a completion or certificates of occupancy temporary or permanent for that third building until all of the infrastructure needed to serve it was in it was completed so is all the infrastructure totally completed for building 11. uh no for Phoenix 12. Phoenix 11.

Phoenix 11 they were going to do some on-site storage but if we allowed them to deliver industrial discharge with a level of total dissolved solids to 28 53 milligrams then they didn't need to do the on-site storage right so they're doing that temporary solution where they're using the existing uh sewer line Wastewater line in Broadway for the time being and that's not the is that the one we don't want them to use that's the one they'll need to be out of by August 24th 2020 or August 31st 2024.

so that the new developments can use it yes there's not going to be any damage to it or anything I just hate giving anyone a certificate of occupancy if they're not completed yes I don't like doing that because we're rewriting all of the rules so if we're doing it for one company we're going to have to do it for all of the companies yeah so I don't understand that part well that's normally a development or a development requirement a standard that the infrastructure has to be in before the four weeks before you give a certificate of occupancy you wouldn't necessarily hold up building permit holds you wouldn't hold up building permits for that they don't have the infrastructure and it's just okay because they should be building it at the same time so it comes online when before you get that occupancy okay thanks council member lortano Sarah I want to thank you for all your hard work on getting this across the finish line and I appreciate the the cooperation that we had with Microsoft and I think that's very important it shows how cities and businesses can work together for basically what's a win-win situation um we're glad that they're in our city and we're glad that we're able to to work with them and and we're able to move this forward and I really do like that that we're switching to the air cooled I think that's really going to be helpful with the situation with the water so very much thanks to both of you thank you yeah and I I can appreciate all the hard work that went in this back and forth in the hours and the fact that you were able to come to an agreement to move this forward some major project going on in the City of Goodyear right now I appreciate Microsoft's cooperation for cities cooperation and I appreciate the meaning of the minds happen so that you can move this project forward so thank you I'm sure a lot of hours went in to get this thing done so with that thank you uh with that I don't see any further discussion can we open up for voting so what does that mean motion carries 6-0 thank you I would like to remain counseled to wait for a motion in a second for a discussion we have a first business item up on the business consider approving a proposal to heal a River Indian Community for Arizona revised Statute 5-601-02 12 gaming distribution fund go ahead and introduce yourself yes mayor and members of the council good evening I'm Jenna goad the assistant to the city manager and I'm filling in tonight for Christina who unfortunately is not feeling well per the city's grants policy this is a request to submit three Grant applications to The Gila River Indian Community for their tribal gaming grants program these grants do not require a local match and the applications must address one of the tribe's stated priority areas including Economic Development Education Health Care Public Safety and transportation a staff solicited interest from the various City departments and there were two prospective projects that came forward both in the area of Public Safety one is a request from the prevention division in the fire department seeking thirty five thousand dollars to purchase the bullseye digital fire extinguisher training system to improve and enhance fire extinguisher training and the other is a request from the police department seeking 151 thousand dollars to purchase a drone with enhanced capabilities including an increased battery life zoom and clarity we did speak with a representative from The Gila River Indian Community and they indicated that nothing would necessarily prohibit both of the public safety applications from being approved and because the combined amount of the funding that we're requesting is relatively low staff does recommend that we submit both of those applications the first resolution that's on the agenda tonight would authorize the submission of both of those City applications as well as the actions to enter into a grant agreement and receive the grant funds if they were to be awarded Additionally the Southwest Valley YMCA has requested that Goodyear agree to serve is what they call a municipal sponsor for an application that they intend to submit in the transportation category for their wyopas program that they are expanding into Goodyear this is a volunteer driven program that has been operating in Ahwatukee for 22 years and assist seniors with Transportation friendly visiting household assistance and social interaction and the YMCA is requesting a total of 75 000 over a three-year period while eligible for these grants as I mentioned non-profit organizations must secure what is called a municipal sponsor in order to apply to act as a fiscal conduit between the tribe and the non-profit entity the Southwest Valley YMCA has requested or I'm sorry their request was evaluated by City staff and it does meet the criteria for municipal sponsorship that we have specified in our grants policy so adopting the second resolution on the agenda would signal the city's willingness to serve as that pass-through entity and should the YMCA be selected for funding than the city would act as that Fiscal Agent we anticipate that the grant Awards will be made in August and then funds would become available in October and with that mayor and Council I would respectfully request your approval to submit these Grant applications and I will do my best to answer any questions you may have thank you any speaker cards no mayor anybody in the audience like to speak uh CNN city clerk please read the resolution 2023 2293 by title only a doc resolution number 20 23 2293 authorizing the submission of two Public Safety applications for State shared Revenue grant program funds to The Gila River Indian Community authorizing the city manager to execute all documents relating to set applications and authorizing the city manager to execute a grant agreement if Grant funds are awarded and authorize the city manager to approve the required budget transfer if Grant funds are awarded thank you whether the council please enter a motion a second to adopt resolution 2023 I see a motion and a second on the board open for Council discussion vice mayor Jenna I just wanted to say thank you for agreeing to be a municipal sponsor for the Southwest Valley YMCA and also I hope that we will have future opportunities for Community organizations that we can serve in that capacity thank you there um I don't see any other further discussion can you open the voting passes 6-0 um let's see uh with the city clerk please read resolution number 2023 2294 by title only adopt resolution number 2023-2294 supporting the submission of a transportation application by the Southwest Valley Family YMCA to The Gila River Indian Community for State shared Revenue grant program funds and authorizing the city manager to accept and administer subsequent awarded funds as a pass-through Grant thank you with the council please enter a motion in a second to adopt the resolution 2023 2294 ICA motion and a second uh request to speak seeing none no further discussion would you open the voting motion carry 6-0 uh last item on business consider is the fiscal year 2023 payment management projects thank you there Jenna go ahead and introduce yourself to the public please good evening mayor members of council I'm Hugh biak City traffic engineer with me this evening is Brian Harville our street superintendent and we're here to present to you our fiscal 2023 pavement management projects give you a brief agenda what we'll be discussing this evening first we're going to discuss our pavement condition results then our treatments for fiscal year 2023 then following that our treatment locations and then closing with our recommendation just a brief description of payment condition index otherwise abbreviated as PCI is our overall condition of the pavement within the city and this is something that we that is collected by a consultant approximately every six to seven years and we collect it on our arterial streets approximately every three years it's rated on a scale from 1 to 100 one being very poor and one being essentially a brand new rotor exceptional when we first began our current payment Management program we have today which was in fiscal year 2014.

our PCI rating for the entire City of Goodyear was 68.1 which is a again not 100 not at the top but again a reasonable number so to speak and then most recently when the entire city was inventoried in fiscal year 2022 the city had a PCI rating of 76.4 which of course is an increase over our initial program in 2014.

and with that I'll turn over to Brian who will discuss our pavement treatments Brian good evening mayor and Council we'll be treating 72 Lane miles 72.48 Lane miles of roadway this year that is 6.45 percent of our current 1124 labor excuse me Lane miles residential streets will be service to the polymer modified Master sale this is a Surface seal that is designed to protect a surface that is already in good condition and help minimize existing crackings we will be applying a Micro Surface to our arterial and collector streets this product is designed to reintroduce fine aggregate to an aging surface while adding strength sealing the surface and minimizing existing cracks this slide demonstrates a roadway surface before and after a micro surfacing treatment as you can see this road had significant cracking prior to treatment and while they will return the goal is to have reduced and minimize the cracking this next slide demonstrates before and after of a pmm surface seal there is some cracking the goal is to guard against water intrusion into the pavement and to minimize the existing cracking this is the north map of our project area we will be treating the orange colored roads with a Micro Surface this is West Campbell Ave North La Maroma drive and North sedaya Parkway which is narcade neighborhood we'll also be treating Pebble Creek Parkway from Charles Boulevard to Camelback and West Thomas Road from Litchfield Road to just west of ECM or Estrella Community College the green neighborhoods are those that are be getting the surface seal of a pmm those include Desert Vista West Desert Vista East Sunrise Desert Breeze East Desert Breeze West Paseo Verde trevisio Enclave Highlands and foothills this next map is the central City area these roads will be getting a Micro Surface North Cotton Lane from Yuma road to the 303 West Yuma Road from cerebral to Australia Parkway let's celebrate LifeWay from Bullard Ave to Litchfield Road North 143rd Ave from Yuma up to just north of celebrate LifeWay West test drive in West Auto drive as they circle around from Litchfield to Litchfield and North 137th Avenue from Van Buren to Auto Drive in their a straight or in our EMR area will be micro surfacing Australia Parkway all the way from Vineyard up the hill to Elliott Road and then Elliott Road from Australia Parkway back to just west of San Gabriel at the surface seals and that will be the vistas the enclave and the Palisades thank you Brian so our cost summary for these projects is for asphalt micro servicing the amount of 2 million 321 781 dollars the cost of the asphalt surface seal of 1 million one hundred fifty seven thousand eight dollars and then Ada ramp improvements which is the concrete ramps on the corners that the intersections or these uh well they are at the intersections but along the roadways we're treating in the amount of approximately two hundred thousand dollars and this comes to our fiscal year 2023 project total of 3 million 678 789 dollars so our staff recommendation this evening is that Council approved expenditures in the amount of three million 678 789 to complete our fiscal year 2023 pavement management projects throughout the city and with that I'll answer any questions thank you any speaker cards no mayor any audience like to speak seeing none excuse me with a council please enter emotion in a second to approve fiscal year 2023 payment management projects I see a motion in about a second oh I see a second okay uh go ahead and open up for discussion council member cam I mean what do we got here nope Hampton's up first go ahead yeah I just want to say thank you to the team um having great roads I think is a uh Hallmark or uh what our residents expect so I appreciate it definitely raises the the level of our community up and um I think it definitely shows that we care and that we're maintaining our roads and it's something that every resident uses so I appreciate all the hard work I'm looking forward to it all being done it'll be a little inconveniences for the residents as they're getting them done but I think it's very much needed and I continue I appreciate continued effort to maintain this this program and these projects a quite a quick question on I couldn't see it in the results or in the the agenda here what percentage was is are using herf money and Which percentage is General funds I just see that that's 3.6 a combination of or do you know what percentage of that is from the her funds or versus general fund sorry if I'm giving you a adult question but no council member uh Hampton when it comes to her for us now Herff is I'm stepping on the finance area but herf is also supported by general fund but we call them her funds as it is in a herf account that clarify so it's mostly from the hurt side but it is just have to caution perf is again uh subsidized by general fund we're not fully sufficient on Earth to operate yeah I didn't think we were so I was just curious because I know that number is going down every year the her fund because less people are driving or electric cars and things like that so I was just curious what percentage but um but if I can get that later so but no I appreciate everything like I said this is definitely a an important thing um especially for our our residents our visitors and having high quality streets is is a good thing for for our city so thank you vice mayor well you know how much to talk about our streets keeping them well maintained is so critical and and always look forward to this your your annual plan um I'd like to know how the lane miles that you're going to do the 72.48 compared to previous years are we expanding or are the costs limiting it or just are we consistent so this year we did see a significant increase in cost so this is I think last year we had 130 this is not exacts my memory is not that great um somewhere around 130 Lane miles uh we like I said we saw at least at our Cost Triple this year because of the oil oil cost okay well unfortunately that makes sense but thank you I just wanted to know how we compared thank you vice mayor Campbell I mean vice mayor Campbell we'll get you I just promoted you yeah do you think we could take a look at it maybe well number one do we know if we're done with more infrastructure going in on glitchfield Road and whenever we think we're done maybe we can put that in the next plan whatever year it is to smooth out where they continually fixed it and then re-dug it and then fixed it and redo it so yes council member Campbell I will definitely look at it I believe there is still some ongoing work for uh uh in various areas I know there was some work up near Litchfield near Thomas which was a I believe Southwest Gas Affiliated and then on the south end there have been some various projects one developer on the west side of the road just South of Old City Hall I forget the name of the development and then I think there was some other work happening near the intersection of Litchfield and Van Buren and we've got some up by Wigwam too in that area so oh that's right we've got that area that's all that's so those areas that were cut up are Disturbed per the how the process works because it's a utility and the pavement was cut prior to was it three years prior to three years they have to come back or that the areas which they disturb they have to come back and reseal those areas right yeah some of those areas I don't think of Happiness there's still some utility work ongoing but they will I'm sure yes they'll do the areas in which they disturb they won't do the entire roadway but they will do in vicinity of were they Disturbed but we'll be checking the entire roadway so when it comes time we'll be able to do to make it smooth as the pictures were yes absolutely okay thank you very much we appreciate that council member lauretano well thank you both very much I know this is something that our residents like to have done um what is the um I guess the cycle so how many years with your neighborhood's done our neighborhoods done until it's done again and is that cycle then expanding because you said there were higher costs or what's that cycle usually so our goal in the neighborhoods are seven to ten years I we're almost to the point of having treated most of our neighborhoods at this point and we're starting to retreat some of those so someone that had more of an aggressive treatment seven years ago have already started to get some treatments that are a seal coat or something just to prolong that life of that product so I don't see it I don't see it going from seven to ten years okay so about every seven years we have we still have enough somewhere between seven and ten okay thank you so much thank you for your work you know from my perspective what you do is so important because it it allows the roads to last longer that's why you do this so you don't if we don't do this maintenance what happens is over time you're gonna have to rip the whole thing up and start from scratch I appreciate that but the piggyback on council member Hampton's question on I believe our general fund money is significant that goes into this and the reason why I'm asking that is unfortunately down at our state legislature we got people that like to spend other people's money and they try to go after some of our local sales tax the reason why I'm mentioning that is this type of project is critical and what we use is our general fund which mainly half of it's what sales tax that helps pay for this so that's why I can't stress enough how it is important for us to maintain that control and to maintain those Revenue bases otherwise we may not have the ability to do what you gentlemen are doing there go ahead how much money yeah I was trying to look it up my computer shut down on me um but it is as you said the vast majority of it is actually general fund Revenue doesn't even cover the ongoing operations of Street streets let alone any kind of capital and ongoing maintenance and repairs so it is mainly general fund dollars and would you say our general fund operating revenue for our local sales tax is roughly 50 percent at least 50 percent correct so that's why it's so in critical uh and that's applying to those that are listening in on here that we be able to maintain that control because this goes towards this is just one of the projects besides our First Responders in Public Safety in our rec program this is an important project that is using that funds because the money herf typically does not have enough to cover it so that's why it's so important for us to maintain that control not get off my soapbox but that's why I feel so strong that we need these revenues and I would really appreciate legislators understanding how important this is to us but I appreciate what you're all doing to get the roads improved and thank you with that what do we have here we got a motion we got done with speaking let's go ahead and open the vote thank you 6-0 post it's done now with that any council members have any comments they'd like to add before we close up [Music] don't see anything uh no you're good uh for I want to personally thank uh councilmember Campbell for covering for me for the Mayor's Choice Award at the uh what is it the high school this weekend you picked out a lovely choice for that and I appreciate you doing that thank you um with that does the city manager have anything for us oh yes we've had a busy week okay let's go for it first ever Mind Over Matt yoga Festival was held Saturday March 5th at Civic Square Park we had over 500 yogis participating in two one-hour sessions so music was provided by live DJ and the event included 360 photo booth Zen Zone massage table and free swag we also held the Goodyear Farmers Market on Sunday March 6 at Civic Square Park over a thousand people dropped into the event to enjoy booths from 30 local businesses and five food trucks again live music by Prime society and the farmer's market will be held every Sunday in March and last but not least we held an education fair in the Square which it didn't end up in the Square it ended up inside because it was Wednesday Wednesday when it was so cold and rainy and everything but it was a great event the project involved several City departments including Human Resources Economic Development and Neighborhood Services 17 exhibitors from various educational institutions and 10 speakers covering a range of topics despite the inclement weather just over 100 attendees participated and helped to answer questions from both high school students and working adults thank you that's a lot that's a little busy do you have the yoga did you hit the yoga I did not do the yoga my arm still is kind of sore forever well with that the next meeting will be March 20th at 5 PM without no further business meetings close