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2024-08-13 - Agendas - Tentative
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, August 13, 2024 4:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Pagel of 594 City Council Meeting Tentative Agenda August 13, 2024 ZOOM INFORMATION: 1. WEBINAR ID: 892 1016 6967 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN R93MHVOPSIUJ4E RY4W3GQ AGENDAITEMCOMMENT@FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE AUGUST 6, 2024 CITY COUNCIL MEETING MINUTES A.2. GARVER, LLC. (TASK ORDER 09): A RESOLUTION TO APPROVE TASK ORDER NO. 9 WITH GARVER, LLC. IN THE AMOUNT OF $48,000.00 FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE HANGAR INFRASTRUCTURE IMPROVEMENTS PROJECT AT DRAKE FIELD, TO AUTHORIZE THE ACCEPTANCE OF A $300,000.00 GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2024-374) A.3. OSPREY INITIATIVE, LLC. (SERVICE CONTRACT): A RESOLUTION TO AWARD RFP 24-04 AND AUTHORIZE A ONE YEAR CONTRACT WITH OSPREY INITIATIVE, LLC. IN AN AMOUNT OF UP TO $275,000 FOR WATERWAY CLEANUP SERVICES, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS (2024-391) A.4. CENTRALSQUARE TECHNOLOGIES, LLC. (SOFTWARE AGREEMENT): A RESOLUTION TO AUTHORIZE A ONE YEAR SOLUTIONS AND SUPPORT AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC. IN THE AMOUNT OF $27,595.33 TO PROVIDE SOFTWARE MAINTENANCE AND SUPPORT FOR THE CITY'S WORK ORDER AND ASSET MANAGEMENT SOFTWARE WITH AUTOMATIC RENEWALS SUBJECT TO A 5% PRICE City of Fayetteville, Arkansas page 2 Page 2 of 594 City Council Meeting Tentative Agenda August 13, 2024 INCREASE EACH YEAR (2024-411) A.S. RAFTELIS FINANCIAL CONSULTANTS, LLC. (SERVICE CONTRACT): A RESOLUTION TO AUTHORIZE A CONTRACT WITH RAFTELIS FINANCIAL CONSULTANTS, LLC. PURSUANT TO RFP 24-08, IN THE AMOUNT OF $111,858.00 FOR THE DEVELOPMENT OF A COMPREHENSIVE RATE STUDY FOR THE RECYCLING AND TRASH COLLECTION DIVISION, TO APPROVE A 10% PROJECT CONTINGENCY, AND TO APPROVE A BUDGET ADJUSTMENT (2024-416) B. UNFINISHED BUSINESS B.1. UNIFIED DEVELOPMENT CODE - CHAPTERS 166.02, 167.04 (AMENDMENT): AN ORDINANCE TO AMEND § 166.02 DEVELOPMENT REVIEW PROCESS AND § 167.04 TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO MODIFY DEVELOPMENT REQUIREMENTS ASSOCIATED WITH TREE PRESERVATION REQUIREMENTS (2024-328) AT THE JULY 16, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING. AT THE AUGUST 6, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING. B.2. REZONING-2024-0026: (WEST OF 2910 N. OLD WIRE RD/LIVINGSTON SUBDIVISION, 254): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-26 FOR APPROXIMATELY 1.87 ACRES LOCATED WEST OF 2910 NORTH OLD WIRE ROAD IN WARD 3 FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE (2024-297) AT THE JULY 16, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING. AT THE AUGUST 6, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING. B.3. REZONING-2024-0028: (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF- City of Fayetteville, Arkansas page 3 Page 3 of 594 City Council Meeting Tentative Agenda August 13, 2024 40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL OF ASSURANCE (2024-306) AT THE JULY 16, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS AMENDED TO INCLUDE A REVISED BILL OF ASSURANCE AND LEFT ON II:Ia91:43a V OF-1191101" AT THE AUGUST 6, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING. C. NEW BUSINESS C.1. SALES AND USE TAX BONDS (ISSUANCE AUTHORIZATION): AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY'S NOT TO EXCEED $15,000,000 SALES AND USE TAX CAPITAL IMPROVEMENT BONDS, SERIES 2024, FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CERTAIN STREET AND PARK FACILITIES AND IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL TRUST INDENTURE PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE SERIES 2024 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO. (2024-365) C.2. ADMINISTRATIVE-2024-0036: (AMEND UDC CHAPTERS 166.01, 166.02, 169.03): AN ORDINANCE TO AMEND § 166.01 DEVELOPMENT CATEGORIES, § 166.02 DEVELOPMENT REVIEW PROCESS AND § 169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS OF THE FAYETTEVILLE CITY CODE TO ADDRESS DEVELOPMENT CLASSIFICATIONS, CONCEPT PLAN REQUIREMENTS, AND GRADING PERMIT REQUIREMENTS (2024-388) C.3. VACATION-2024-0016: (1001 W. BULLDOG BLVD./FAYETTEVILLE PUBLIC SCHOOLS, 522): AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT LOCATED AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.25 ACRES OF TREE PRESERVATION EASEMENT (2024-417) CA. APPEAL: REZONING-2024-0030: (N. FUTRALL DR BETWEEN WEDINGTON City of Fayetteville, Arkansas page 4 Page 4 of 594 City Council Meeting Tentative Agenda August 13, 2024 DR & MILK BLVD./WATSON, 480): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-30 FOR APPROXIMATELY 6.62 ACRES LOCATED AT ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MLK BOULEVARD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - GENERAL (2024-385) a N910114I7_[rl4 ki I m7_V_1171711910106' D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. WEST FORK OF THE WHITE RIVER STREAM AND PUMP STATION RESTORATION UPDATE - ALISON JUMPER & SANDI FORMICA E. CITY COUNCIL TOUR Iaw_1LI1'[oil] z us] 4LTA l4ZIk&I G. ADJOURNMENT City of Fayetteville, Arkansas page 5 Page 5 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-374 THRU: Susan Norton, Chief of Staff FROM: Jared Rabren, Airport Director SUBJECT: FYV Hangar Infrastructure Improvements — ADA Grant Acceptance, Garver Task Order 09 and Approval of a Budget Adjustment RECOMMENDATION: Staff requests approval for the Aviation Division to execute a task order in the amount of $48,000 for Garver, LLC to complete survey, design, bidding, and construction phase services for the proposed Hangar Infrastructure Improvements project at Fayetteville — Drake Field Airport. Staff requests approval to accept a $300,000 grant received from the Arkansas Department of Aeronautics (ADA) at their June 2024 Commission Meeting. Authorization to apply for this grant was received under City Council Resolution 138-24. Staff requests approval for a budget adjustment in the amount of $400,500.00 for the project, which includes $300,000.00 of grant funds and $100,500.00 of Aviation Division fund balance for matching grant costs and project contingency. BACKGROUND: Given the City's recent increase in hangar development, the City is in need of additional developable hangar space. This project will provide new water utility infrastructure to a new hangar development area located east of the existing T-Hangars on the east side of the airfield. The proposed water infrastructure will provide fire flows and potable water to support multiple clear span hangar developments. Existing apron pavement, sewer, and electrical infrastructure are already available in this area. DISCUSSION: Approval of Task Order 09 will authorize Garver to proceed with surveying, design, and bidding services. The project will advertise for bids in Spring 2025. Upon receipt of bids, the Aviation Division will seek approval to execute a construction contract with the lowest responsive and responsible bidder. A complete breakdown of the expected project funding is included below. All costs associated with this task order are included in the total project cost. Engineering Services: $48,000.00 Construction (Estimated): $327,000.00 Contingency (Estimated): $37, 500.00 TOTAL: $412,500.00 BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 ADA: $300,000.00 City: $112,500.00 TOTAL: $412,500.00 www.fayetteville-ar.gov Page 6 of 594 The Aviation Division may, on a temporary basis, cash -flow up to $412,500.00 of its fund balance reserve. This amount includes $300,000.00 for cash -flow to cover the ADA's grant amount until reimbursement at the end of the project, $75,000.00 to match the ADA grant received, plus a 10% project contingency of the approved project budget, or $37,500.00. ATTACHMENTS: SRF (#3), BA (#4), Task Order 09 - Hangar Infrastructure Improvements (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 7 of 594 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-374 FYV Hangar Infrastructure Improvements — ADA Grant Acceptance, Garver Task Order 09 and Approval of a Budget Adjustment A RESOLUTION TO APPROVE TASK ORDER NO. 9 WITH GARVER, LLC. IN THE AMOUNT OF $48,000.00 FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE HANGAR INFRASTRUCTURE IMPROVEMENTS PROJECT AT DRAKE FIELD, TO AUTHORIZE THE ACCEPTANCE OF A $300,000.00 GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Task Order No. 9 with Garver, LLC in the amount of $48,000.00 for design, bidding and construction phase services associated with the Hangar Infrastructure Improvements Project at Drake Field. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of the Fiscal Year 2024 Arkansas Department of Aeronautics grant in the amount of $300,000.00 to fund the project. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 8 of 594 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2024-374 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2024 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: The Aviation Division requests approval to execute a task order in the amount of $48,000 for Garver, LLC to complete survey, design, bidding, and construction phase services for the proposed Hangar Infrastructure Improvements project at Drake Field, to accept a $300,000 grant received from the Arkansas Department of Aeronautics (ADA) and approval for a budget adjustment in the amount of $400,500.00. Budget Impact: 5550.760.3960-5860.02 Airport Account Number Fund 24014.1 Airport East Side Hangar Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 12,000.00 Expenses (Actual+Encum) $ - Available Budget $ 12,000.00 Does item have a direct cost? Yes Item Cost $ 48,000.00 Is a Budget Adjustment attached? Yes Budget Adjustment $ 400,500.00 Remaining Budget 364,500.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 138-24 Change Order Number: Approval Date: 5/21/2024 Original Contract Number: Comments: Page 9 of 594 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number AIRPORT SERVICES (760) /Org2 2024 Requestor: Dee McCoy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests approval for the Aviation Division to execute a task order in the amount of $48,000 for Garver, LLC to complete survey, design, bidding, and construction phase services for the proposed Hangar Infrastructure Improvements project at Fayetteville — Drake Field Airport. Staff also requests approval to accept a $300,000 grant received from the Arkansas Department of Aeronautics (ADA) at their June 2024 Commission Meeting. Authorization to apply for this grant was received under City Council Resolution 138-24. Approval of a Budget Adjustment. COUNCIL DATE: ITEM ID#: 8/20/2024 2024-374 Holly Black 7/30/202q 7.55 q1n RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 400,500 400,500 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024624 Account Name 5550.760.3960-4302.00 - 300,000 24014 1 RE State Grants - Capital 5550.760.3960-5804.00 5550.760.3960-5860.02 315,000 48,000 - - 24014 24014 1 EX 1 EX Building Costs Capital Prof Svcs - Engineering/Architecture 5550.760.3960-5911.99 5550.760.3940-4999.99 37,500 - 100,500 24014 1 EX RE Contingency - Capital Project Use Fund Balance - Current I of 1 Page 10 of 594 APPENDIX A-09 TASK ORDER 09 FAYETTEVILLE — DRAKE FIELD AIRPORT HANGAR INFRASTRUCTURE IMPROVEMENTS This TASK ORDER is made as of , 2024 by and between the CITY OF FAYETTEVILLE of Fayetteville, Arkansas hereinafter referred to as "CITY OF FAYETTEVILLE," and GARVER, LLC, hereinafter referred to as "GARVER", in accordance with the provisions of the AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES executed on November 17, 2020. Under this Task Order, the CITY OF FAYETTEVILLE intends to make the following improvements for the FYV Hangar Infrastructure Improvements project. Improvements will consist primarily of a water line extension to serve a future hangar development area located along the east side of the existing T-Hangar apron as shown in Exhibit C-09. GARVER will provide professional services related to these improvements as described herein. SECTION I - SCOPE OF SERVICES GARVER will provide services as detailed in Exhibit A-09. SECTION 2 — PAYMENT For the work described under SECTION 1 - SCOPE OF SERVICES, the CITY OF FAYETTEVILLE will pay GARVER on a lump sum basis and cost-plus basis. The table below presents a summary of the fee amounts and fee types for this contract. WORK DESCRIPTION FEE AMOUNT FEE TYPE Surveying Services $10,400.00 Lump Sum Bid Package Development $19,150.00 Lump Sum Bidding Services $3,100.00 Lump Sum Construction Phase Services $15,350.00 Cost + FF TOTAL FEE $48,000. Bid Packaue Development and Bidding Services: The CITY OF FAYETTEVILLE will pay GARVER the lump sum amount not to exceed $32,650.00. For informational purposes, a breakdown of GARVER's estimated costs is included in Exhibit B-09 with approximate current hourly rates for each employee classification. Construction Phase Services: The CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the unburdened hourly payroll rate of each of GARVER's personnel during the performance of these services for work time directly connected with the project, plus payroll and general overhead costs of 191.01% of the unburdened Task Order 09 1 of 2 FYV Hangar Infrastructure Improvements Garver Project No. A13-2402180 Page 11 of 594 hourly rate, plus direct reimbursable expenses normal and necessary for the completion of the project, plus a fixed fee of $1,927.87. Estimated cost of these services, including the fixed fee is $15,350.00. The actual total fee may not exceed this estimate without prior approval from the CITY OF FAYETTEVILLE. For informational purposes, a breakdown of GARVER's estimated costs is included in Exhibit B-09 with approximate current hourly rates for each employee classification. Underruns in any phase may be used to offset overruns in another phase as long as the overall contract amount is not exceeded. Expenses other than salary costs that are directly attributable to performance of our professional services will be billed as follows: Direct cost for travel, long distance and wireless communications, outside reproduction and presentation material preparation, and mail/courier expenses. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc. The amount allowed by the federal government for mileage with an additional $0.05 for survey trucks/vans. Additional Services (Extra Work). For work not described or included in Section 1— Scope of Services but requested by the CITY OF FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the rates shown in Exhibit B-09 for each classification of GARVER's personnel, plus overhead, plus 15% profit, plus reimbursable expenses including but not limited to printing, courier service, reproduction, and travel. SECTION 3 — EXHIBITS 3.1 The following Exhibits are attached to and made a part of this Agreement: 3.1.1 Exhibit A-09 Scope of Services 3.1.2 Exhibit B-09 Manhour Tables 3.1.3 Exhibit C-09 Project Exhibit This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Approval and acceptance of this Task Order, including attachments listed in SECTION 3 — EXHIBITS, shall incorporate this document as part of the Agreement. Garver is authorized to begin performance upon receipt of a copy of this Task Order signed by the CITY OF FAYETTEVILLE. The effective date of this Task Order shall be the last date written below. CITY OF FAYETTEVILLE, ARKANSAS GARVER BY: Mayor, Lioneld Jordan ATTEST: By: City Clerk Task Order 09 2 of 2 FYV Hangar Infrastructure Improvements Title: Vice President Garver Project No. A13-2402180 Page 12 of 594 a- GAJFtVER EXHIBIT A-09 (SCOPE OF SERVICES) Generally, the Scope of Services includes the following professional services for utility infrastructure improvements at Fayetteville — Drake Field Airport. Improvements will consist primarily of a water line extension to serve a future hangar development area located along the east side of the existing T- Hangar apron as shown in Exhibit C. The Scope of Services includes the following professional engineering and surveying services. • Surveying Services • Bid Package Development • Bidding Services • Construction Phase Services 1. SURVEYING SERVICES 1.1. Design Surveys. Garver will provide field survey data from fieldwork for designing the project, and this survey will be tied to the Owner's control network. 1.2. Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances at and/or along the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Buildings and other structures, airfield pavements, streets, drainage features, airfield lights and signs, fences, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site, will be located. Control points will be established for use during construction. All surveys shall be conducted during normal working hours. 1.3. Garver will assemble data obtained during the performance of the field surveys in an AutoCAD Civil3D base map drawing to be utilized for design of the project. 1.4. Easement Development. Garver will develop easement documents for the following utilities: • Water 1.5. Garver will coordinate easement size requirements with the franchise utilities above for easement preparation. Garver will research property records and develop a legal description for the proposed easement. If necessary, Garver will also develop an exhibit showing the easement boundary. Easement form will be provided by the Owner or franchise utility. 2. BID PACKAGE DEVELOPMENT 2.1. General: Garver will prepare detailed construction drawings, specifications, instructions to bidders, and general provisions and special provisions, all based on guides furnished to Garver by the Owner and FAA, or internally developed by Garver. Contract Documents (Plans, Specifications, and Estimates) will be prepared for award of one (1) construction contract. These designs shall conform to the standards of practice ordinarily used by members of Garver's profession practicing under similar conditions and shall be submitted to the State Agency office from which approval must be obtained. Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 13 of 594 U_ GARVER 2.2. Owner / AgencV Coordination: Garver's project manager and/or design team will coordinate with the Owner as necessary to coordinate design decisions, site visits, document procurement, or other design needs. 2.3. Project Management Plan / Quality Control Procedures 5.3.1 Garver will develop a project specific project management plan. The project management plan will include the project background, scope of work, stakeholder contact information, project team organization and roles, design criteria, project schedule, deliverables, and quality control procedures. 5.3.2 Garver will complete quality control reviews for each deliverable prior to any design submission to Owner and/or FAA. Quality control reviews will be completed by a senior project manager. Weekly internal progress meetings will be held during all design phases to ensure adequate quality control throughout the design phases. 2.4. Construction Safety and Phasing Plan 2.4.1.Garver will develop a construction safety and phasing plan (CSPP) for the project. During development of the CSPP, Garver will hold a meeting with Airport staff at the Airport's request to obtain feedback regarding operations during each proposed phase of construction. 2.5. Existing Conditions Review 2.5.1.Record Document Review: Garver will review record document data from the vicinity of the construction site to evaluate existing conditions. Record document data may include record drawings, record surveys, utility maps, GIS data, and previous design reports. 2.5.2.Site Visits. Garver's civil engineers will perform up to one (1) site visit to the project site to review existing conditions and evaluate survey and record document data. 2.6. UtilitV Design and Coordination: It is expected that the public water main will require extension as part of the project. Garver will coordinate with the Owner and applicable utility owners for utility extension design. In addition, Garver will also design infrastructure for future extension of the water main. All utility design will be subject to review / approval by the Arkansas Department of Health (ADH). Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 14 of 594 U_ GARVER 2.7. Plan Set Development The following matrix details the plan drawings to be included in each design submittal. Plan Set Design Phase 90% Preliminary 100% Issued for Bid Cover Sheet X X General Notes X X Project Layout & Survey Control Plan X X Construction Safety Plans X X Construction Safety Details X X Erosion Control Plans X X Erosion Control Details X X Utility Plans X X Utility Details X X 2.8. Specifications and Contract Documents 2.8.1. Technical Specifications: Detailed specifications shall be developed using City of Fayetteville Utility Department Standard Specifications for Design and Construction of Water Lines and Sewer Lines (2017 Edition). Additional supplementary specifications will be developed for project requirements not covered by FAA AC150/5370-10. 2.8.2. Construction Contract Documents: Garver will develop construction contract documents based on EJCDC standards. Final construction contract documents will be submitted to the Owner for final review and approval. 2.9. Quantities and Engineer's Opinion of Probable Cost: Garver will develop detailed quantities in PDF format for use in construction cost estimating for each design phase. Quantities will be completed by pay item. Upon the completion of quantity development, Garver will review previous cost data and market conditions and complete an Engineer's Opinion of Probable Cost. 2.10. Design Services Submission and Meeting Summary: The following design submittal phases shall be included in the fee summary. A summary of each design phase and the associated review meetings is included below. 2.10.1. 90% Preliminary Design 2.10.1.1. Garver will develop 90% preliminary design plans and specifications and submit these to the Owner and the City of Fayetteville Utilities Department for review. It is anticipated that the Owner will review the design submission within two (2) weeks. 2.10.1.2. At the completion of the Owner and City of Fayetteville Utilities Department review period, Garver will meet with the Owner to review the 90% preliminary design plans and specifications, and to receive Owner comments and direction. Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 15 of 594 GARVER 2.10.1.3. Any comments received by the City of Fayetteville Utility Department will be addressed and resubmitted for additional review. 2.10.1.4. Upon approval from City of Fayetteville Utility Department, Garver will submit plans and specifications to Arkansas Department of Health (ADH). Any comments received from ADH will be addressed and resubmitted for additional review. 2.10.2. 100% Issued for Bid (IFB): Garver will develop 100% IFB plans and submit these to the Owner for review. 3. BIDDING SERVICES 3.1. Bidding. Garver will assist the Owner in advertising for and obtaining bids or negotiating proposals for one prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, and attend a pre -bid conference. The Owner will pay advertising costs outside of this contract. 3.2. Garver will issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. Garver will consult with and advise the Owner as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. Garver will consult with the Owner concerning the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 3.3. Garver will attend the bid opening, prepare a bid tabulation, and assist the Owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. Garver will assist the Owner in the execution of all contract documents and furnish a sufficient number of executed documents for the Owner and Contractor. 4. CONSTRUCTION PHASE SERVICES 4.1. During the construction phase of work, Garver will accomplish the tasks below. 4.2. Issued for Construction (IFC) Documents 4.2.1.Garver will compile bid addendums and any other necessary plan changes due to post - bid project updates and/or funding changes into a final Issued for Construction (IFC) set of plans and specifications. 4.3. Submittals 4.3.1.Garver will evaluate and respond to construction material submittals and shop drawings. Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 16 of 594 U_ GARVER coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 4.4. Notice to Proceed & Preconstruction Meeting 4.4.1.Garver will issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. Garver will provide meeting minutes for submission to all parties at the conclusion of the meeting. Garver will prepare for and attend any utility pre -construction meetings as required. 4.5. Progress Meetings 4.5.1.As a minimum, Garver's Project Manager or Project Engineer will attend weekly progress meetings with the Owner and Contractor. It is expected that 4 meetings will be held via conference call. Garver's project engineer or his qualified representative will be available at all times work is in progress for telephone contact by the RPR. Garver's project engineer shall direct, supervise, advise, and counsel the Resident Project Representative and construction observation personnel in the accomplishment of Garver's duties. Garver will prepare for and attend any utility pre -construction meetings as required. 4.6. Owner Coordination 4.6.1.Garver will consult with and advise the Owner during the construction period. Garver will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. 4.7. RFIs 4.7.1.Garver will issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. 4.8. Progress Payments 4.8.1.Garver will prepare Contractor's progress payment requests based on the actual quantities of contract items completed and accepted and will make a recommendation to the Owner regarding payment. Garver's recommendation for payment shall not be a representation that Garver has made exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work; (2) to review billings from Subcontractors and material suppliers to substantiate the Contractor's right to payment; or (3) to ascertain how the Contractor has used money previously paid to the Contractor. Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 17 of 594 U_ GARVER 4.9. Record Drawinas 4.9.1.Garver will maintain a set of working drawings and provide information for preparation of record drawings of the completed project. This information will be incorporated into final record drawings completed as part of Grant Closeout Services and final record drawings will be provided to the Owner after project completion. Garver shall prepare a set of utility record drawings and prepare and furnish record drawings to local utilities as required. 4.10.Change Orders 4.10.1. When authorized by the Owner, Garver will prepare change orders or supplemental agreements for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver. 4.11. Final Inspection 4.11.1. Garver will participate in a pre -final walkthrough with the Owner. Garver will also participate in a final project inspection with the Owner and Contractor, prepare a punch list, review final project closeout documents, and submit the final pay request. 4.12.0n-Site Resident Protect Representative Services 4.12.1. Garver will provide part-time Resident Project Representative (RPR) services for the 30-calendar-day construction contract performance time. The proposed fee is based on approximately 8 hours per week during the construction contract performance time for the RPR, plus an additional one (1) weeks for weather and other delays beyond the Contractor's control. If the construction time extends beyond the time established in this agreement or if the Owner wishes to increase the time or frequency of the observation, the Owner will pay Garver an additional fee agreed to by the Owner and Garver. All RPR personnel shall have the appropriate experience and qualifications. 4.12.2. During the construction period, Garver's RPR will provide or accomplish the following: • Consult with and advise the Owner during the construction period. Garver will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. • As necessary, conduct safety meetings with the Contractor. • Perform intermediate inspections in advance of the final inspection. • Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. • Maintain a project diary which will contain information pertinent to each site visit. • Monitor the contractor's conformance to the approved construction safety and phasing plan. 4.12.3. In performing construction observation services, Garver will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor(s); but Garver does not guarantee the performance of the Contractor(s), nor is Garver responsible for the actual supervision of construction operations. Garver does not guarantee the performance of the contracts by the Contractors nor assume any duty to supervise safety Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 18 of 594 procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site. However, if at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Garver will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be taken. 4.13.Grant Closeout Services 4.13.1. At the conclusion of construction, Garver will assist the Owner in submission of state grant closeout document for the project. 5. PROJECT DELIVERABLES 5.1. The following deliverables will be submitted to the parties identified below. Unless otherwise noted below, all deliverables shall be electronic. • 90% Preliminary Design Plans and Specifications to the Owner and affected Utilities. • 100% Issued for Bid Plans and Specifications to the Owner. • Issued for Construction Plans and Specifications to the Owner and Contractor. o Three hard copies to the Contractor • Reviewed submittals to the Contractor. • Record Plans to the Owner. o One hard copy to the Owner. • Other electronic files as requested. 6. ADDITIONAL SERVICES 6.1. The following items are not included under this agreement but will be considered as additional services to be added under Amendment if requested by the Owner. • Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. • Deliverables beyond those listed herein. • Design of any utility relocation other than that included herein. • Engineering, architectural, or other professional services beyond those listed herein. • Retaining walls or other significant structural design. • Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. • Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. • Services after construction, such as warranty follow-up, operations support, and Part 139 inspection support. • Materials testing services. 7. SCHEDULE 7.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall complete the work within a mutually agreeable schedule with the Owner. Exhibit A — Scope of Services FYV Hangar Infrastructure Improvements Garver Project No. A13-2302180 Page 19 of 594 Exhibit B-09 City of Fayetteville FYV Hangar Infrastructure Improvements Surveying Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 S-5 S-4 2-Man Crew (Survey) hr hr hr hr hr hr hr 1. Administration Develop Survey Field Work Exhibits 1 Coordinate with Survey Crew 2 Subtotal -Administration 0 1 0 0 2 0 0 2. Surveys - Topographic Review of Existing Control Points 2 Topographic Surveys 10 Data Processing/DTM Preparation 4 Develop Survey Basemap and Existing Surface 2 Survey Meshing with Base Maps 1 QC Review of Survey Data 1 2 Subtotal - Surveys - Topographic 0 1 0 0 2 9 10 3. New Task Group Review Property Layout Map 1 Delineate Property Lines and Easement Lines 1 1 Survey Property Lines 8 Easement Acquisition Documents 3 6 Subtotal - New Task Group 0 0 0 0 4 8 8 Hours 0 2 0 0 8 17 18 SUBTOTAL - SALARIES: $3,051.70 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $5,829.05 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $37.14 Survey Supplies $50.00 Travel Costs (3 trips at 50mi/trip) $100.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $187.14 SUBTOTAL: $9,067.89 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $1,332.11 TOTAL FEE: $10,400.00 Page 20 of 594 Exhibit B-09 City of Fayetteville FYV Hangar Infrastructure Improvements Bid Package Development WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 T-2 T-1 AM-1 hr hr hr hr hr hr hr 1. Project Administration Coordination with Client 4 2 Coordination with (State Agency) 1 2 Coordination with City 2 1 4 Internal (Bi-Weekly) Progress Meetings (4) 4 4 Site Visit (1 person, 1 trip) 2 Prepare for Preliminary Plan Review Meeting 1 Attend Preliminary Plan Review Meeting (2 People, on -site) 2 2 Prepare and Distribute Preliminary Review Meeting Minutes and Tasks 1 Subtotal - Project Administration 0 15 0 16 0 0 0 2. Civil Engineering Base Map Setup 2 Develop Preliminary Construction Safety and Phasing Plan 4 Preliminary Plans Cover Sheet 2 Project Layout and Survey Control Plan 1 4 Construction Safety Plans 1 2 Construction Safety Details 1 1 Erosion Control Plans 1 4 Erosion Control Details 1 1 Utility Plans 4 10 Utility Details 1 4 Develop Preliminary Construction Contract Documents 1 2 Develop Preliminary Supplemental Specifications 1 2 Develop Preliminary Quantities 1 2 Develop Preliminary Opinions of Probable Construction Costs 1 2 Internal Quality Control (QC) Review 8 Incorporate QC Review Comments 8 Incorporate Preliminary Owner/Utility Review Comments 1 4 Subtotal - Civil Engineering 0 23 0 1 52 0 2 0 Hours SUBTOTAL - SALARIES: LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/FreightlCourier Travel Costs (2 trips at 50 mi/trip) 0 38 0 68 0 $5,663.84 $10,818.50 $75.31 $50.00 $70.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $195.31 SUBTOTAL: $16,677.65 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $2,472.35 TOTAL FEE: $19,150.00 2 0 Page 21 of 594 Exhibit B-09 City of Fayetteville FYV Hangar Infrastructure Improvements Bidding Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 T-2 T-1 AM-1 hr hr hr hr hr hr hr 1. Civil Engineering Dispense Plans and Specs to Prospective Bidders 1 Review and Respond to Request for Information (RFI) 1 2 Draft and Distribute Addendums 4 Bid Opening (1 person, on -site) 2 Prepare Bid Tabulation 2 Evaluate Bids and Prepare Recommendation of Award 1 1 Prepare Contract Documents 1 2 Subtotal - Civil Engineering 0 5 0 12 0 0 0 Hours SUBTOTAL - SALARIES: LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: 0 5 0 $880.04 $1,680.96 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $69.84 Postage/Freight/Courier $50.00 Travel Costs (1 trip at 50mi/trip) $35.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $154.84 SUBTOTAL: $2,715.84 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $384.15 TOTAL FEE: $3,100.00 12 0 0 0 Page 22 of 594 Exhibit B-09 City of Fayetteville FYV Hangar Infrastructure Improvements Construction Phase Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 C-2 C-1 2-Man Crew (Survey) hr hr hr hr hr hr hr 1. Civil Engineering Prepare IFC Plans and Specs and submit to Contractor 2 Prepare and Distribute Notice To Proceed 1 Prepare for Preconstruction Meeting 1 Attend Preconstruction Meeting (3 people, on -site) 2 2 2 Prepare and Distribute Preconstruction meeting minutes 1 Prepare Contractor Pay Application (2 applications) 2 Coordination with Inspector (2 hr/week) 2 6 Develop Submittal Log 2 Prepare for and Attend (Virtual) Progress Meetings (3 people, 4 meetings weekly) 4 4 4 Shop Drawings/Submittal Review & Responses 2 Final Inspection and Punchlist 2 2 2 Punchlist Coordination 1 Final Walkthrough 2 2 Develop and Distribute Record Documents 4 Review IFC Plans and Specifications 8 Resident Project Representative Services (4 weeks 8 hr/Week 32 Grant Closeout Services 1 4 Subtotal - Civil Engineering 0 11 0 35 0 51 0 Hours 0 11 0 35 0 51 0 SUBTOTAL - SALARIES: $4,416.51 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $8,435.98 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $44.64 Postage/Freight/Courier $25.00 Travel Costs (15 trips at 50mi/trip) $500.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $569.64 SUBTOTAL: SUBCONSULTANTS FEE: $13,422.13 $0.00 PROFESSIONAL FEE $1,927.87 TOTAL FEE: $15,350.00 Page 23 of 594 EXISTING 4"SEWER) FORCE MAIN i \ eye \ - I� h EXISTING 8" WATER I'-S� ��: .. LINE EXISTING NATURAL GAS LINE Gam' K1 �`� ,�y�- '/� U_-,-�r_.o as t EXISTING 6" WATER LINE 1 ■ r� �, EXISTING PROPOSED CONNECTION TO O ■ UNDERGROUND EXISTING W WATER LINE ■ ELECTRIC LINE \ ■ 1 ■ ARFF ■ FACILTV EXISTING HANGAR EXISTING HANGAR ■ ■ - ■ I rJ ■ ■ I VAULT AND EXISTING 2"WATER LINE y G ■ GENERATOR ■ ■ I I EXISTING HANGAR EXISTING HANGAR EXISTING SANITARY p SEWERLINE ` I � - I B I EXISTING HANGAR FUTURE WATER LINE EXTENSION EXISTING OVERHEAD ELECTRIC LINE EXISTING HANGAR TLOFA VE011 EXISTING 6" WATER LINE EXISTING HANGAR TLOFA t PROPOSED 3-UNIT 6yc / SS / HANGAR 144' z 41' FUTURE BOX HANGAR"x]5' S _ SS y 'PROPOSED SEWER �� EXISTING LIFT STATION SERVICE ERNEST LANCASTER DRIVE N PROPOSED_EXISTING OVERHEAD ELECTRIC SERVICE ELECTRIC LINE USE UGE LINE LEGEND PROPOSED HANGAR FUTURE HANGAR —TLOFA— TAXILANE OBJECT FREE AREA USE EXISTING UNDERGROUND ELECTRIC LINE EXISTING SANITARY SEWER — SS LINE W EXISTING WATERLINE — G — EXISTING NATURAL GAS LINE OHE EXISTING OVERHEAD ELECTRIC LINE 3E EXISTING PERIMETER FENCE — COX — EXISTING COMMUNICATION LINE FAA EXISTING FAA UTILITIES ---::: EXISTING ELECTRICAL DUCT ® EXISTING SANITARY SEWER MANHOLE �H EXISTING ELECTRIC STRUCTURES ® EXISTING EDGE LIGHT �' `— MAINTAIN 1mr 0' SEPARATION'�a BETWEEN PROPOSED WATER LINE AND EXISTING SEWER FORCE MAIN. t D,c I GA APRON HANGAR LAYOUT - OPTION 2 JOB NO.: 21A13211 DATE: JUNE 2023 DESIGNED BY KAB DRAWN BY: BLW �PI CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Byron Humphry, Parks Maintenance Superintendent CITY COUNCIL MEMO 2024-391 SUBJECT: Awarding RFP 24-04, Waterway Cleanup Services to Osprey Initiative LLC RECOMMENDATION: A resolution to award RFP 24-04, Waterway Cleanup Services to Osprey Initiative LLC, approving a one-year contract with four one-year automatic renewals to be used within approved budget based on pricing presented in the response submittal. BACKGROUND: Many of the waterways and streams within the City of Fayetteville have been impacted by litter. Streams adjacent to unsanctioned camps are especially impacted, but litter from other sources also accumulates in the waterways. These waterways need to be cleaned and the source of the litter needs to be identified to assist in the development of prevention strategies. RFP 24-04 was advertised on March 14, 2024, for Waterway Cleanup Services for ten waterways that are heavily impacted by litter. One proposal was received, and a selection committee met on May 15, 2024 and awarded the bid to Osprey Initiative LLC. DISCUSSION: The proposal was structured with an intent to provide initial cleanup services (tactical cleanups) and data reporting at each of the 10 waterways and subsequent annual cleanups afterwards for the 4 remaining years of the contract. The total contract cost of the 5-year proposal is $786,560. The breakdown of cost per task and year is as follows: Task Year Year Year Year4 Year Tactical Cleanups $190,860 $139,300 $113,000 $113,000 $113,000 Device Location Rec $ 13,200 Device Delivery $ 19,000 Reporting $ 19,920 $ 15,120 $ 15,120 $ 15,120 $ 19,920 subtotal $ 242,980 $154,420 $128,120 $128,120 $132,920 In addition to this base proposal, the response also includes a 12-month maintenance agreement per litter capture device. The exact number of capture devices installed will depend on the recommendations of the consultant and the available budget. The rate of the maintenance agreement is as follows: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 25 of 594 Device Type Monthly Rate Annual Rate Litter Boom $ 2,100 $ 25,200 Litter Gitter $ 2,500 $ 30,000 BUDGET/STAFF IMPACT: This contract is funded from Sales Tax CIP Funds. This project is budgeted at $300,000 per year. This project is split between unsanctioned camp cleanup and waterway cleanup. This proposal allocates $275,000 per year for waterway cleanup for 5 years, pending City Council approval of the annual and CIP budget. After the annual tactical cleanups and reporting in the base proposal are performed, the remaining balance in the project allocated to the waterway cleanup will be utilized as needed for the maintenance agreement to service the litter capture devices. The breakdown of funds is as follows: Purchase Order Detail Fund Account Project Year 1- 2024 Sales Tax 4470.521.8520-5315.00 24012.1000 $ Year 2 - 2025 Sales Tax 4470.521.8520-5315.00 24012.1000 $ Year 3- 2026 Sales Tax 4470.521.8520-5315.00 24012.1000 $ Year 4-2027 Sales Tax 4470.521.8520-5315.00 24012.1000 $ Year 5- 2028 Sales Tax 4470.521.8520-5315.00 24012.1000 $ Remaining Balance (12 -Month Contract Maintenance Annual Amount Agreement) Total 242,980 $ 32,020 $ 275,000 154,420 $ 120,580 $ 275,000 128,120 $ 146,880 $ 275,000 128,120 $ 146,880 $ 275,000 132,920 $ 142,080 $ 275,000 ATTACHMENTS: SRF (#3), RFP 24-04 Contract - Osprey Initiative LLC - Signed (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 26 of 594 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-391 Awarding RFP 24-04, Waterway Cleanup Services to Osprey Initiative LLC A RESOLUTION TO AWARD RFP 24-04 AND AUTHORIZE A ONE YEAR CONTRACT WITH OSPREY INITIATIVE, LLC. IN AN AMOUNT OF UP TO $275,000 FOR WATERWAY CLEANUP SERVICES, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS WHEREAS, many of the waterways and streams within the City have been impacted by litter; and WHEREAS, these waterways need to be cleaned and the source of the litter needs to be identified to assist in the development of prevention strategies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 24-04 and authorizes a one-year contract with Osprey Initiative LLC in an amount of up to $275,000.00 for waterway cleanup services, with automatic renewals for up to four additional one-year terms. Page 1 Page 27 of 594 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2024-391 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/29/2024 PARKS OPERATIONS (521) Submitted Date Division / Department Action Recommendation: A resolution to award RFP 24-04, Waterway Cleanup Services to Osprey Initiative LLC, approving a one-year contract with four one-year automatic renewals to be used within approved budget based on pricing presented in the response submittal. 4470.521.8520-5315.00 Account Number 24012.1000 Project Number Budgeted Item? Yes Budget Impact: Sales Tax CIP Fund Trash Removal/Waterway Cleanup Services Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget $ 300,000.00 $ 18,361.71 281,638.29 $ 275,000.00 6,638.29 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 28 of 594 AlftCJTY 01F PAYETTEVILLE ARKANAAR City of Fayetteville RFP 24-04, Waterway Cleanup Services Contract — Between City of Fayetteville, AR and Osprey Initiative LLC This contract executed this day of , 2024, between the City of Fayetteville, Arkansas (CITY), of 113 W. Mountain, Fayetteville, AR 72701 and Osprey Initiative LLC (OSPREY) of 651 Olive Ave., Fairhope, AL 36532, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the Waterway Cleanup Services for the City of Fayetteville (the "Project"), as defined in the scope of work of RFP 24-04, Waterway Cleanup Services. 2. Contract Documents: The Contract documents which comprise the contract between the City of Fayetteville and OSPREY consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Scope of Work & Fees b. Appendix B: CITY Issued Solicitation for RFP 24-04, Waterway Cleanup Services c. Appendix C: OSPREY's RFP Submittal d. Appendix D: OSPREY's Certificate of Insurance 3. City's Responsibilities: a. The City shall make available to OSPREY, all relevant information or data it has pertinent to the Project which is required by OSPREY to perform the Services. OSPREY shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the City, including information and data originating with other consultants employed by the City whether such consultants are engaged at the request of OSPREY or otherwise. b. When requested by OSPREY, the City may engage specialist consultants directly to perform items of work necessary to enable OSPREY to carry out the Services. Whether arranged by the City or OSPREY, these services shall be deemed to be provided under direct contracts to the City unless expressly provided otherwise. If the City chooses not to engage specialist consultants, then the Parties will work cooperatively to modify the scope of services to reflect any reductions or additions to the services to be provided by OSPREY. c. The City shall give prompt consideration to all documentation related to the Project prepared by OSPREY and whenever prompt action is necessary shall inform OSPREY of City's decisions in such reasonable time so as not to delay the schedule for providing the Services. d. The City of Fayetteville's Park Operations Director is the project representative with respect to City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 1 of 6 Page 29 of 594 the services to be performed under this Agreement. The Park Operations Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. OSPREY's Responsibilities: a. OSPREY shall furnish the necessary qualified personnel to provide the Services. OSPREY represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, OSPREY will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure OSPREY's performance. There are no other representations or warranties expressed or implied made by OSPREY. 5. Non -Assignment: OSPREY shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. OSPREY agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but not defend, against any and all claims for property damage, personal injury or death, arising from OSPREY's performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville may have against OSPREY under this contract or arising from the performance or non- performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against OSPREY and not against any of OSPREY's employees, officers or directors. Neither the City of Fayetteville nor OSPREY shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 2 of 6 Page 30 of 594 7. Insurance: a. OSPREY shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of RFP 24-04. If applicable, OSPREY shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, OSPREY shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. i Osprey shall carry the following coverages, at minimum: 1. Worker's Compensation Insurance — Statutory Amount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. General Liability - $1,000,000 each occurrence, $3,000,000 aggregate ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City of Fayetteville listed as an additional insured. 8. Price: a OSPREY shall perform the services included in this proposal, over the length of 5 years, for a fee of $ 786,560.00 b. Fee breakdown for services and purchases shall be used as identified in Appendix A. i. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: This contract shall be effective for one (1) year from City Council approval and shall be automatically renewable for up to four (4) annual, automatic renewals (pending City Council approval of the annual budget) for a possible contract term of five (5) years. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 3 of 6 Page 31 of 594 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. OSPREY may retain reproduced copies of drawings and copies of other documents. b. All documents and records, whether in physical or electronic format, prepared by OSPREY or its subconsultant as part of the Project shall become the property of City; provided, however, that OSPREY shall have the unrestricted right to their use. c. OSPREY shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of OSPREY. d. OSPREY will grant the City, the State of Arkansas, and the United States of America a royalty -free, non- exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 12. Independent Contractor: OSPREY is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. OSPREY is responsible for its agents, sub -consultants, methods, and operations. 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or OSPREY for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay OSPREY for the services performed through the date of termination City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 4 of 6 Page 32 of 594 within thirty (30) days of acceptance of final invoice. 16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. OSPREY's Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 19. Professional Responsibility: OSPREY shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 20. Permits & Licenses: OSPREY shall secure and maintain any and all permits and licenses required to complete this Contract, 21. Publications: Recognizing the importance of professional development on the part of OSPREY's employees and the importance of OSPREY's public relations OSPREY may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to OSPREY's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to OSPREY. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of OSPREY's activities pertaining to any such publication shall be for OSPREY's account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and OSPREY and may be modified only by a duly executed written instrument signed by the City of Fayetteville and OSPREY. In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix B shall control. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 5 of 6 Page 33 of 594 23. Force Maieure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay OSPREY for services actually rendered. 24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 25. Debarment Certification: OSPREY hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. OSPREY hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and OSPREY INITIATIVE LLC by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS OSPREY INITIATIVE LLC By: By: L0 LIONELD JORDAN, MAYOR DONALD W. BATES JR., OWNER/ RESIDENT ATTEST: By: Kara Paxton, City Clerk Date Signed: Date Signed: -7Imo- 2 City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Contract: Osprey Initiative LLC Page 6 of 6 Page 34 of 594 RFP 24-04, Waterway Cleanup Services APPENDIX A Scope of Work & Fees 1. SCOPE OF WORK: A. Osprey Initiative LLC shall be responsible for the removal and disposal of trash and debris from the water channels and banks and collect data on the materials removed. The order of work locations and cleanup frequency will be determined by permission to access properties and amount of trash present. Park Operations will work with Contractor to determine schedule. The City of Fayetteville will notify impacted residents of work to be performed. B. Osprey shall perform an initial round of cleanups. Osprey shall physically remove trash in and along waterways including but not limited to the following focus areas (locations in bold are to be considered priority locations. Additional areas may be added on a case -by -case basis by the City in conjunction with Osprey): i. Town Branch: Confluence with West Fork White River to Interstate 49 ii. Spout Spring Branch: Confluence with Town Branch to East 7th Street iii. Collette Branch: Confluence with Town Branch to MILK Jr. Blvd. iv. Tanglewood Branch: Confluence with Spout Spring Branch to MILK Jr. Blvd. v. Scull Creek: Confluence with Mud Creek to Wilson Park vi. Hamestring Creek: Rupple Road to North Porter Road vii. Mud Creek: North Old Missouri Road to North Gregg Avenue viii. Owl Creek: Dale Clark Park to West Persimmon Street ix. Cato Springs Branch: Confluence with Town Branch to Fulbright Expressway x. Clear Creek: Confluence with Lake Fayetteville to Highway 265 C. After initial cleanups, Osprey shall determine areas that may benefit from an upstream and/or in - stream trash capture devices based on trash present. Osprey shall provide information on trash capture device options and placement recommendations based on site conditions for each location. Once locations and number of trash capture devices are agreed upon with the City, Osprey shall procure, install, and regularly maintain and service trash capture devices to remove accumulated debris and keep the capture device working properly for duration of contract. D. Annually, for the duration of the contract, perform cleanup in focus areas for trash and debris not captured in devices. E. Analyze trash as collected to provide data and waste analysis reports. Analysis shall include any major factors that could affect data results, such as rain and flooding. City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 1 of 7 — Last Revised 05.20.24 Page 35 of 594 i. Data 1. Trash types at each location (including litter collected in capture devices) 2. Pounds of trash found at each cleanup location 3. Trash type by pound 4. Volume of Styrofoam ii. Report 1. Written data summary for each site 2. Overall report on findings F. All staff of Osprey shall be identifiable by a professional company name tag and/or uniform while the work is being performed under this contract. 2. GENERAL NOTES: A. Osprey Litter Collection Device Cleanout — The removal and sorting of all trash items from a Boom or Litter Gitter site. A site is defined as a trap system and surrounding area (approximately 50 yards upstream and downstream of the trap system. B. Osprey Litter Collection Device Deep Clean — The removal and sorting of all trash items within 100- yards of the trap system, upstream and downstream. To be performed quarterly. C. At a minimum, each site will be checked and serviced every two (2) weeks. Additionally, Osprey crew members will be on call for major rain events, or if repairs are required. D. Osprey field crews will maintain two (2) person teams, in adherence to safe work protocols. E. If a site does not require cleaning, the Osprey field crew will complete and submit a Litter Collection Device Cleanout Form for project records. If the site is cleaned, the field crew will complete and submit a Litter Collection Device Cleanout Form and an Osprey Escaped Trash Assessment Program (ETAP) Data Card. Forms will be uploaded to SharePoint by 10:59 PM CST on Sunday of each week. F. If material collected is less than two (2) 30-gallon trash bags, Osprey field crews will complete ETAP on all material. However, if the collected material exceeds two (2) 30-gallon trash bags, field crews will complete ETAP on 10% of a representative sampling of the total material. 3. COST/FEES: A. OSPREY shall perform the services included in this proposal, over the length of 5 years, for a fee of $ 786,560.00. i. The fee schedule is broken out yearly as submitted in the RFP, is contigent on City council approval of the annual budget and shall not exceed the cost estimate as follows: 1. Year 1 - $242,980 + litter device monthly maintenance agreement 2. Year 2 - $154,420 + litter device monthly maintenance agreement 3. Year 3 - $128,120 + litter device monthly maintenance agreement City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 2 of 7 — Last Revised 05.20.24 Page 36 of 594 4. Year 4 - $128,120 + litter device monthly maintenance agreement 5. Year 5 - $132,920 + litter device monthly maintenance agreement ii. The litter device monthly maintenance agreement is based on the number of litter capture devices and will be subject to pre -approval annually. The monthly rate for servicing each device is 1. Litter Boom - $2,100/month 2. Litter Gitter - $2,500/month iii. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval. B. Proposed yearly breakdown of cost (breakdown to be finalized with City and Osprey approval): COST ESTLIIATE P24-036 - Year One RFP 24-04 Waterway Cleanup Sersices Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 120 hrs cu! $150.00 Ibr $18,000.00 Senior Project Manager 328 hrs 'u! $120.00 /hr $39360.00 Senior Field Lead 328 hrs 'u! S75.00 thr $24,600.00 Field Tech 1312 brs (u! S50.00 Ihr $65,600.00 Field Supplies 1 est ru! $1,000.00 Lest $1,000.00 Canoe -Kayak x 2 10 days ?u! $100.00 Iday $1.000.00 Mileage 9800 miles ru; S1.00 (mile $9.800.00 Meals 41 days (u! $300.00 (day $12.300.00 Hotels 32 nights ru $600.00 Inight $19.200.00 S190.860.00 Task 2 - Device Location Recommendations Executive roject _ anager 40 his a S150.00 'hr S6,000-00 Senior Project Manager 40 hrs ,:g $120.00 Aw S4.S00.00 Mileage 1400 miles $1.00 !mile $1,400.00 Meals 4 days @ $100.00 !day S400.00 Hotels 3 nights (c7 $200.00 /night $600.00 S13,200.00 Task 3 - Device Deln-ery'lnstallation Executive Project Manager 40 hrs iu1 Project Manager 40 hrs(i) Senior Field Lead 40 hrs !iS 40 brs !iS 1 est ru! 1400 miles 44, 4 days (a9 3 nights (ate Field Tech Field Supplies Mileage Meals Hotels City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 3 of 7 — Last Revised 05.20.24 $150.00 .thr S90.00 /br S75.00 /br S50.00 Ihr $1,000.00 lest S1.00 (mile $200.00 Iday $400.00 (night $6,000.00 $3,600.00 $3.000.00 $2.000.00 $1.000.00 $1,400.00 S800.00 S 1.200.00 S19,000.00 Page 37 of 594 T:i-h 4 - 12 Month 'Maintenance .agreement Each cost :honu below i, per device. Litter Boom 12 month: u Litter Critter 12 month: it Ta.k 4 - Coordinatine Manaeement Renortin S2,100.00 month $2�.--Wl CC S2,500.00 month $3C. i,irl CC To be Determined Executive Project Manager 56 his g $150.00 4w $8,400.00 Senior Project Manager 56 his !iS $120.00 /hr $6,720.00 Admm 40 hrs '4 $60.00 .✓ha $21400.00 !Mileage 1400 miles @ $1.00 /tile $1,400.00 Meal• 4 days 6 $100.00 /dry $400.00 Hotel• 3 nights @, $200.00 /night S600.00 S19,920.00 Year 1 Total: S242.980.00 *Doe: not include Task 4: 12 Month Nfamtenance .-'.ereemezt* COST ESMIATE P24-036 - Year Two RFP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority- Locations Executive Project Manager 80 hrs @. $150.00 /hr $12.000,00 Senior Project Manager 240 hrs @ $120.00 /hr $28,800.00 Senior Field Lead 240 hrs @ $75.00 /hr $18,000.00 Field Tech 960 hrs @. $50.00 /hr $48,000.00 Field Supplies 1 est @ $500.00 lest $500.00 Canoe/Kayak x 2 10 days @ $100.00 /day SL000.00 Mileage 7000 miles @ $1.00 /mile S7.000.00 Meals 30 days @ $300.00 /day S9,000.00 Hotels 25 nights @ $600.00 /tight $15.000.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below- is per device. Litter Boom 12 months @ S2.100.00 'month Litter Gitter 12 months @ S2.500.00 month S139.300.00 $25,200.00 $30,000.00 To be Determined Task 3 - Coordinating"%IanagemenbReporting Executive Project Manager 40 hrs @ $150.00 /hr S6,000.00 Senior Project Manager 40 hrs @ $120.00 /hr S4,800.00 Admin 32 hrs @ $60.00 /hr S1,920.00 Mileage 1400 miles @ S1.00 /toile S1,400.00 Meals 4 days @ $100.00 /day $400.00 Hotels 3 nights @ $200.00 /tight $600.00 $1 5.120.00 Year 2 Total: S154.420.00 *Does not include Task 2: 12 Month Maintenance agreement* City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 4 of 7 — Last Revised 05.20.24 Page 38 of 594 COST ESTIMATE P24-036 - Year Three RFP 24-04 R'aterway Cleanup Services Fayetteville. AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 40 hrs @ $150.00 /hr S6,000.00 Senior Project Manager 200 hrs @ $120.00 /hr $24,000.00 Senior Field Lead 200 hrs @ $75.00 /hr $15,000.00 Field Tech 800 hrs @ $50.00 /hr S40,000.00 Field Supplies 1 est @ $500.00 lest $500.00 Canoe+'Kayak x 2 10 days @ $100.00 /day S1,000.00 Mileage 7000 miles @ $1.00 /mile S7,000.00 Meals 25 days @ $300.00 /day $7,500.00 Hotels 20 nights @ $600.00 /night $12.000.00 $113.000.00 Task 2 - 12 Month Maintenance Agreement Each cost shorn below is per device. Litter Boom 12 months @ $2.100.00 !month $25.200.00 Litter Gitter 12 months @ S2,500.00 !month $30.000.00 To be Determined Task 3 - C oordinatina."Jlanagement+'Reporting Executive Project Manager 40 hrs @ $150.00 /hr $6,000.00 Senior Project Manager 40 hrs @ $120.00 /hr S4.800.00 Admin 32 hrs @. $60.00 /hr $1,920.00 Mileage 1400 miles @ S1.00 /mile $1,400.00 Meals 4 days @ $100.00 /day $400.00 Hotels 3 nights @ S200.00 /night $600.00 $15.120.00 Year 3 Total: $128,120.00 "Does not include Task 2: 12 Month Maintenance Agreement' City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 5 of 7 — Last Revised 05.20.24 Page 39 of 594 COST ESTIMATE P24-036 -Year Four RFP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 40 hrs @ $150.00 /hr S6,000.00 Senior Project Manager 200 his @ $120.00 /hr $24,000,00 Senior Field Lead 200 hrs @ $75.00 /hr $15,000.00 Field Tech 800 hrs @ $50.00 /hr S40,000.00 Field Supplies 1 est @ $500.00 /est $500.00 CanoeXayakx2 10 days@ $100.00 /day S1,000.00 Mileage 7000 miles @ S1.00 /mile S7,000.00 Meals 25 days @ $300.00 /day S7,500.00 Hotels 20 nights @ $600.00 /night $12.000.00 S113.000.00 Task 2 - 12 3lonth Maintenance Agreement Each cost shown below- is per deuce. Litter Boom 12 months @ $2,100.00 /month S25,200.00 Litter Giner 12 months @ $2,500.00 /month S30.000.00 To be Determined Task 3 - Coordinating+'Jtanagement'Reporting Executive Project Manager 40 his @ S150.00 /hr $6,000.00 Senior Project Manager 40 hrs @. $120.00 /hr $4,800.00 Adnun 32 hrs @ $60.00 /hr $1,920.00 Mileage 1400 miles @ S 1.00 /mile $1,400.00 Meals 4 days @ S100.00 /day $400.00 Hotels 3 nights @ $200.00 /night $600.00 $15.120.00 Year 4 Total: $128.120.00 *Does not Include Task 2: 12 Month Maintenance Agreement* City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 6 of 7 — Last Revised 05.20.24 Page 40 of 594 COST ESTLNIATE P24-036 - Year Fire RFP 24-04 Waterway Cleanup Services Fayetteville. AR Task 1 - Tactical Cleanups of 10 Piiority Locations Executive Project Manager 40 hrs @ $150.00 /hr S6,000.00 Senior Project Manager 200 hrs @ $120.00 /hr $24.000.00 Senior Field Lead 200 firs @ $75.00 /hr $15,000.00 Field Tech 800 hrs @ $50.00 /hr S40,000.00 Field Supplies 1 est @ $500.00 lest $500.00 CanoeXayak x 2 10 days @ $100.00 /day SL000.00 Mileage 7000 miles @ $1.00 /mile ST000.00 Meals 25 days @ $300.00 /day ST500.00 Hotels 20 nights @ $600.00 /tight $12,000.00 $113,000.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below- is per device. Litter Boom 12 months @ S2,100.00 /month $25.200.00 Litter Critter 12 months @ $2,500.00 /month $30.000.00 To be Determined Task 3 - Coordinating/illanagementiReporting Executive Project Manager 56 hrs @ $150.00 /hr S8,400.00 Senior Project Manager 56 hrs @ $120.00 /hr $6,720.00 Admire 40 hrs @. $60.00 /hr S2.400.00 Mileage 1400 miles @ $1.00 /mile S L400.00 Meals 4 days @ $100.00 /day $400.00 Hotels 3 nights @ $200.00 /tight $600.00 $19.920.00 Year -; Total: $132920.00 *Does not include Task 2: 12 Month Maintenance Agreement* City of Fayetteville, AR and Osprey Initiative LLC APPENDIX A — SCOPE OF WORK AND FEES Page 7 of 7 — Last Revised 05.20.24 Page 41 of 594 I is Chi mem FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 4791316 •�G J Request for Proposal: RFP 24-04, Waterway Cleanup Services '( DEADLINE: Thursday, May 9, 2024 before 2:00 PM, local ti SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss fa et ille-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 04/14/2024 REQU Etvflem 4 PR L RFP 24-04. V�,a u a es No late proposals shall be accect RFP I e s fitted through the City's third -party electronic bidding platfor or u mit sealed al proposal to the City of Fayetteville, Purchasing Division at the ca Ci o ayetteville urc Division — Room 306 t Mountain Street etteville, AR 72701 O All proposal h�e submitted in accordance with the attached City of Fayetteville specifications and docum n attached hereto. Each Proposer is required to fill in every blank and shall supply all inf do requested; failure to do so may be used as basis of rejection. ;i h Z�lersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms s'Ned herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 1 of 20 Page 42 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24-04, Waterway Cleanup Services Znd The City of Fayetteville, Arkansas, seeks proposals from qualified firms to perform cleanup ser . data collection for designated waterways throughout Fayetteville. Any questions regarding this RFP Ge directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss fa etteville-aX 419)575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville P Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by r ay, May 9, 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting aled physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the tim d. No late proposals shall be accepted. Submitting electronically is strongly encourag The City of F t i shall not be responsible for lost or misdirected proposals, or for failure of proposer's ical equ' e All interested parties shall be qualified to do bus' s41'C9 ed. licer state and local governments where the project curr State shall be valid at time of Proposal deadli e. ��V..// The City of Fayetteville reserves the ri ject aiontheL Prop parties agree that such rejection sh ithout J claim brought by any intereste of any kind against the City of Fa ettev this invitation shall constitute an agree City of Fayetteville By: Amanda Beilfuss, P: 479.575.8220 &be TDD (Telecor Date of adve This pu c t Am o t id i XM reject Lse of such#& he inte* , \C0 Pre acccor with all applicable laws of the gi IX with the Arkansas Secretary of 44 )Is a to waive irregularities therein, and all -�f the City of Fayetteville for any damage or r shall any interested party seek any recourse ions. The filing of any Statement in response to I arty to these conditions. ins Device for the Deaf): (479) 521-1316 04/14/2024 as paid for by the Purchasing Division of the City of Fayetteville, Arkansas. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 2 of 20 Page 43 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. References •�G b. Current Customers J c. Equipment and Safety Measures d. Cost Summary e. Additional Services (OPTIONAL) f. Submitting and responding to this UP�+n oposals I e pr red simply and economically, providing a straightforward, concise d of ' to e requirements for the project. Fancy bindings, colored displays, a otio 1 m t rial a t quired. Emphasis should be on completeness and clarity of c`�'t. II doc me phy ' a y bmitted should be typewritten on % standard 8 " x 11" white pa boun ne vol me. ceptions would be schematics, exhibits, one -page resumes, and Cit e ired for pro I to twenty-five (25) pages or less, excluding one -page team resum r nces, rms r by the City for completion. All proposals shall be sealed upon to th Ci fFayet PW i. Option 1 —El Sub (strongly encouraged): Proposers can go to www.fa ette 'I ov bicfollow the prompts to submit a proposal within the electro ig platfor IfIproposal is submitted electronically, aphysical submission is not nece ry. Aly &'11`1N rs must register in order to be able to submit. There is no fee for istation. ,5Ci ii. n 2 — Ph sical Submittal: All Proposers shall submit one (1) original copy oftheir proposal and shall be provided to the City in a sealed manner. FeclEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailingpackage. roposals will be reviewed following the stated deadline, as shown on the cover sheet of this ocument. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. h. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 3 of 20 Page 44 of 594 Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. j. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the atta rvice agreement must be identified in its response to the RFP. Failure to do so may lead she declare any such term non-negotiable. Proposer's desire to take exception to a non-negot rm will not disqualify it from consideration for award. I. Local time shall be defined as the time in Fayetteville, Arkansas on t to of the deadline. Documents shall be received before the deadline time as shown by th t is clock located in the Purchasing Division Office or electronic clock located in the City's tharty bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLA 3. TION: A No oral interpretations will be made to any firms as�t mean' f1pecifications or any other contract documents. All questions pertaining to the terrrA.Lncl conditi r cope f work of this proposal must be sent in writing via e-mail to the PurchasingxNvment.. nses t estions may be handled as an addendum if the response provides clarific tkn o the qui 1�rients e roposal. All such addenda shall become art of the contract documen e City w� be ible for an other explanation or p Y Y p interpretation of the proposed RFP m 07given to the aw o he contract. DESCRIPTION OF SUPPLIES AN ES: Any manufacturer's names, ame, ame, c umber, etc. used in specifications are for the purpose of describing and tablishin raI qu I els. Such references are NOT intended to be restrictive. Proposals shall be cons' or all that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTE IN RAWTSWOR PROPOSAL PROCESS: In addition to all other' hts f theCj\`teville, under state law, the City specifically reserves the right to the following: a. The City o' � tteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotloewith an individual Proposer does not require negotiation with others. b. The * of Fayetteville reserves the right to select the proposal it believes will serve the best terest(s) of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 4 of 20 Page 45 of 594 f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The 641 and final offer process is not guaranteed; therefore, Proposers shall submit and respond to thi 6k the most favorable terms available. 5. EVALUATION CRITERIA: J` The evaluation criterion defines the factors that will be used by the selection commit evaluate and score responsive, responsible and qualified proposals. Proposers shall include suffic' i mation to allow the selection committee to thoroughly evaluate and score proposals. Each proposa b itted shall be evaluated and ranked by a selection committee. The contract will be awarded to the st qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be 6. COSTS INCURRED BY PROPOSERS: Z) All expenses involved with the preparation ands fission of p s s to e City, or any work performed in connection therewith, shall be borne solely b 11,E ropose pay n ill be made for any responses received, or for any other effort required o rr ade b the pos s r to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or intervi w ay be re e of ar *rm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: ��► a. The Proposer represe is tha it tly has rest and shall acquire no interest, either direct or indirect, which would confli mann the performance or services required hereunder, as provided in City of Fay Code 34.26 titled "Limited Authority of City Employee to Provide Services to h ♦ b. The Proposer all romp anda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential c kiC%^ rntere for ny prospective business association, interest, or other circumstance which maence or appear to influence the Proposer's judgment or quality of services being providN.,Auch written notification shall identify the prospective business association, interest or ciw ce, the nature of which the Proposer may undertake and request an opinion to the City as toher the association, interest or circumstance would, in the opinion of the City, constitute a onflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer is opinion via e-mail or first-class mail within thirty days of receipt of notification. QHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 5 of 20 Page 46 of 594 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. / h ;rrfosaIs shall be received in the Purchasing Division BEFORE the deadline stated. The oCh,606 lock to determine local time shall be the atomic clock located in the Purchasing Division, of City Hall, 113 W. Mountain, Fayetteville, AR. 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this req st r proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and I as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employmen rtunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to 11R> ntract. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Propos �e �Propos es t e available to all Government agencies, departments, municipalities, an c ui ies, th pr 2isal pr' e s mitted in accordance with said terms and conditions therein s I n sai �me desire to buy under this proposal. proposal Y g Y Y p p Eligible users shall mean all state o�k nsas cies, the is ive and judicial branches, political subdivisions (counties, local distri s hool boa mun' col ges, municipalities, counties, or other public agencies or authorities), I ay de ' t urcha r the terms and conditions of the contract. 13. COLLUSION: Dew The Proposer, by affixing his or her 1Me to thJ& osal, agrees to the following: "Proposer certifies that their proposal is made without r s uncle ng, agreement, or connection with any person, firm or corporation making a prop s he same ' eem s) and/or services and is in all respects fair, without outside control, collusion, fraud, or o wise �l tion." 14. RIGHT TO AUDIT D"JURIS CI `: a. The City o ?etween tteville reserves the privilege of auditing a Contractor's records as such records relate to pur ads the City and said Contractor. b. Free �of Information Act: City contracts and documents prepared while performing City ontractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information ct request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 6 of 20 Page 47 of 594 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: (�b All standard terms and conditions stated in this request for proposal apply to this cuntGld eicept as specifically stated in the subsequent sections of this document, which take precedence, a � be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in t�oceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than n days prior to the deadline. Persons needing translation of this document shall contact the City o tteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certi f Insurarofe I liability insurance in the amount of $1 million US dollars, at minim S h Ceroicat'li`%f In e all list the City as an additional insured and not be required unless fi i selectedanc a remain valid throughout contract q g completion. 19. PAYMENTS AND INVOICING: The Proposer must specify as invoices suomittea Tor paid responsible for immediately noti cause invoicing to change from thirty days of invoice re penalty for untimely pa in hourly rates by i exact ca lilloy name and address which must be the same of f this RFP. Further, the successful Proposer is h rivision of any company name change, which would a time of the original RFP. Payment will be made within �tnville is very credit worthy and will not pay any interest or i be processed through Proposer(s acceptance of Visa at no ent processing. The City will not agree to allow any increase OR Fayetteville City Council approval. J^serves the right to cancel this contract without cause by giving thirty (30) days prior notice contractor in writing of the intention to cancel or with cause if at any time the Contractor fails ill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the 1% discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 7 of 20 Page 48 of 594 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS: 22 23 a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. F61 • e) b. In the event of a corporate acquisition and/or merger, the Contractor shall provid n notice to the City within thirty (30) calendar days of Contractor's notice of such action or t e occurrence of said action, whichever occurs first. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Co ctor for all work of this type, which may develop during the contract period. This is not an exclusive co . The City specifically reserves the right to concurrently contract with other compa or similar it eems such an action to be in the City's best interest. In the case of multiple -phase racts, t vision shall apply separately to each item.' LOBBYING: ` Lobbying of selection committee mem s, ity of Fa vil11 p ees, or elected officials regarding request for proposals, request for qua ions, bi contracts, ri the pendency of bid protest, by the bidder/proposer/protestor or any er of i er's/ CIS is /protestor's staff, and agent of the bidder/proposer/protestor, or �n�p son e d by1 entity affiliated with or representingan organization that is respon e req r propo uest for qualification, bid or contract, or has a pending bid protest is strict) prohi it er upo v tisement or on a date established by the City of Fayetteville and shall be prohibited her a is final or the protest is finally resolved by the City of Fayetteville; provided, ho othin shall prohibit a prospective/bidder/proposer from contacting the Purchasing Qi�to addregk sit tions such as clarification and/or questions related to the procurement process. Fo influencing or attemp*kg attempt to obtain vision lobbying activities shall include but not be limited to, non -action in connection with any request for proposal, indirect oral or written communication or an Owill of persons and/or entities specified in this provision. Such actions may cause any , request for qualification, bid or contract to be rejected. reserves the right to request additional services relating to this RFP from the Proposer. When d by the City as an amendment to the contract and authorized in writing prior to work, the Contractor provide such additional requirements as may become necessary. A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 8 of 20 Page 49 of 594 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: •�G a. Proposers must provide the City with their proposals signed by an employee ha v" gal authority to submit proposals on behalf of the Proposer. The entire cost of preparing oviding responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it ms necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an o r contr commitment of any kind; nor does it commit the City to pay for any cots A curred by 'er in reparation. It shall be clearly understood that any costs incurred by 1 poser rndin is request for proposal is at the Proposer's own risk and expense as ys�of doi bu il�esS. T e it f Fayetteville shall not be liable for reimbursement to the Pro o r ran ex�so i r regardless of whether or not the p �� Y p g proposal is accepted. d. If products, component o s�vices an th cribed in this bid document are proposed, the Proposer must com escripti ature for each. All requests for additional information must be ceive w' ive wor .�ys following the request. e. Any uncertainties shall ght to Xention to Amanda Beilfuss immediately via telephone (479.575.8220) or - a eilfuss fPteville-ar. ov). It is the intent and goal of the City of Fayetteville Purchasi ivisiorl ide documents providing a clear and accurate understanding of the scope work to be and/or goods to be provided. We encourage all interested parties to to ab all Proposers to be on equal terms. f. Any i iN�_51^Ns es or requests for explanation in regard to the City's requirements should be made le to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail ;s@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications ill be given as to the meaning of any part of this request for proposal. All questions, clarifications, nd requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 9 of 20 Page 50 of 594 h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit an RFP's content or to exclude any relevant or essential data. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby exprn4vand irrevocably waives any claim or defense in any said action or proceeding based on any all Zwick of jurisdiction or improper venue or any similar basis. • The successful Proposer shall not assign the whole or any part of this Coract or y�onies due or to become due hereunder without written consent of City of Fayetteville. Icas uccessful Proposer assigns all or any part of any monies due or to become due under thi t, the Instrument of assignment shall contain a clause substantially to the effect that it is agree; the right of the assignee in and to any monies due or to become due to the successful Propos all be subject to prior liens of all persons, firms, and corporations for services rendered or materii plied for the performance of the services called for in this contract. The successful Proposer's attention is 4ir ed to the f all licable Federal and State laws, municipal ordinances, and the rules an tions o I oriti ing jurisdiction over the services shall apply to the contract through t,, ►t ey I be eme o Iuded in the contract as though written out in full herein. The su s I Propose Ike i If/herself fully informed of all laws, ordinances and regulations of Pecleral, e, and m ci governments or authorities in any manner affecting those en g or empl i prov�1) these services or in any way affecting the conduct of the services n II ord P1�Cf decreOncy f1dies or tribunals having any jurisdiction or authority over sam y disc y or inc should be discovered in these Contract Documents or in the s ecificatio,�,� in refe t , in relation to any such law, ordinance, regulation, order or decree, s/he shall hil�Kreport ,�e in writing to the City of Fayetteville. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 10 of 20 Page 51 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION B: Scope of Services and General Information 1. INTRODUCTION: Fayetteville Park Operations intends to award a 1-year contract, automatically renewable for 4 (four) additional 1-year terms to engage a company/firm to provide litter cleanup services fo on unsanctioned campsites and waterways. A separate firm is currently removing trash at u�c .1PC camps, but waterway cleanup (streams and banks) is outside of the existing firm's conts sc pe. 20.6 miles of waterway have been identified as having trash and debris, with so rZtches heavily impacted and a cleanup priority. Trash and debris are considered to be items r to human activity that are not naturally occurring or intended to be in the waterway and inch re not limited to: a. Food and drink wrappers and containers b. Plastic, expanded polystyrene foam, lumber, metal, or other. A typically seen as foreign in waterways J► c. Items related to nearby encampments suc arps, t edding, and clothing d. Potentially hazardous materials s s, m taj! , an er sharp objects The City will be soliciting proposals f lified ofe iona i wi experience in the removal of trash, deployment and maintenan r rash capt e devices, analysis and reporting of the litter removed. 2. SCOPE OF WORK: The awarded Proposer Contract all re d dispose of trash and debris from the water channels and banks and shall co� ata on �aterials removed. The order of work locations and cleanup frequency will be d t red by lion to access properties and amount of trash present. Park Operations will wor 't✓ontra or determine schedule. The City of Fayetteville will notify p Y Y Y impacted residents of w o be pie d. a. Perfor i i And of ea`s. Contractor shall physically remove trash in and along waterways includX t not limited o the following focus areas (locations in bold are to be considered pr iteocations): i. Town Branch: Confluence with West Fork White River to Interstate 49 ii. Spout Spring Branch: 7th — Confluence with Town Branch to 7th Street iii. College Branch: Confluence with Town Branch to MLK Jr. Blvd. iv. Tanglewood Branch: Confluence with Spout Spring Branch to MLK Jr. Blvd. v. Scull Creek: Confluence with Mud Creek to Wilson Park vi. Hamestring Creek: Rupple Road to North Porter Road vii. Mud Creek: North Old Missouri Road to North Gregg Avenue viii. Owl Creek: Dale Clark Park to West Persimmon Street City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 11 of 20 Page 52 of 594 ix. Cato Springs Branch: Confluence with Town Branch to Fulbright Expressway x. Clear Creek: Confluence with Lake Fayetteville at Highway 265 b. Perform an initial cleanup in focus areas. Additional areas may be added on a case -by -case basis by the City in conjunction with the Contractor, as needed. c. After initial cleanups, determine areas that may benefit from an upstream and/or in-stre�trash capture devices based on trash present. Provide information on trash capture device icy and placement recommendations based on site conditions for each location. Procu all, and regularly maintain and service trash capture devices to remove accumulated d d keep the capture device working properly for duration of contract. d. Annually, for the duration of the contract, perform cleanup in focus s�trash and debris not captured in devices. e. Analyze trash as collected to provide data and waste analysi ts. Analysis shall include any major factors that could affect data result ch as rain an i i. Data 1. Trash types at eac ation (incl ter lected in capture devices) 2. Pounds of tras � at e I p to 3. Trash type b u 4. Volume or oam ii. Report �(' �(�G�J• 1. W 'Qata su o each 2 0 11 rr`epor dings 3. INSURANCE: 001 a. Contractor shall pro ' rtifica urance supplying commercial general liability coverage, prior to commen of any Y Y or Such certificate shall list the City of Fayetteville as an additional insure . 'sting of Fayetteville as a Certificate Holder is NOT an acceptable substitute. nsurance s i valid throughout project completion. The following list of insura c J*a es sh I be onsidered the minimum coverage the City will accept: i. er's Compensation Insurance: Statutory Amount Automotive Insurance covering all vehicles and trailers, if applicable ii. General Liability: $1,000,000 each occurrence; $3,000,000 aggregate All staff of Contractor shall be identifiable by a professional company name tag and/or uniform while the work is being performed under this contract. PROPOSAL FORMAT: Responses shall be organized in the following format and informational sequence: a. Part I — Signature Pages: Section G of this RFP, completed — required with RFP response b. Part II — References: Section C of this RFP, completed — required with RFP response c. Part III — Method and Safety Measures: Section D of this RFP — required with RFP response City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 12 of 20 Page 53 of 594 d. Part IV— Cost Summary: Section E of this RFP— required with RFP response e. Part V —Additional Services (OPTIONAL): Section F of this RFP 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be�,Oct itiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right all offers and end the process without executing a contract. •G 6. CONTRACT TERM: J` Contract shall be considered valid for one (1) year from Council approval with fo ►annual automatic renewals pending City Council approval of the annual budget. The contract may e ated by either party with thirty (30) days written notice without penalty. 7. SELECTION CRITERIA: The following criteria will be used by the City to evto and scor e onsive proposals. Proposers shall include sufficient information to allow the City to t oly eval d score the proposal. Each proposal submitted is not required to be ranked by t 9 e on c T c ntract may be awarded to the most qualified firm, per the evaluation cr e Misted Vase o he evaluation of the selection committee. Following the evaluation of posals,ielect' mmittee may request that the top- ranking firm(s) make an oral presenta r be inte iewed. If tions are necessary, they will take place in Fayetteville, Arkansas. No I be see Pu asi Division. 1) 20% Qualific ' s . Relati pecific F *c to be Performed: Information reflecting qualificati s o th sultant, r ,evrs, and project team. Indicated specialized experience and I com of the firm in connection with the type and complexity o t� ce r u �bcontractors, if used, shall be listed with information on their orb alibn. 2) 20% Exp rience, tom Rend Capacity for Performance: Information reflecting the na tilhlesW11*, a q ications (including experience and technical competence) of the r personnel ned to this specific project. I 3) 0 o ( Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating r methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 10% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 13 of 20 Page 54 of 594 5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized as much as possible. 9. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as additional information: a. Appendix A: GIS Map of Parcels Impacted �Q c PQ� �a��a �ej O�K, O50N NEXT PAGE FQ City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 14 of 20 Page 55 of 594 City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services SECTION C: References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PART TIME ♦�G NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICE O IN THE PAST FIVE (5) YEARS (All fields must be completed): 1. P COMPANY NAME PANY NA CITY, STATE, ZIP Cl N ZIP CONTACT PERSON CO TACT R TELEPHONE TE FAX NUMBER � � NUMBER E-MAIL ADDRESS E-MAIL ADDRESS 3. ` 4. COMPANY NAME O COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 15 of 20 E-MAIL ADDRESS Page 56 of 594 City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services SECTION D: Method and Safety Measures 1. All proposers shall provide method of performing work under this contract. If applicable, provide an itemized list of equipment to be used, including manufacturer and model numbers (attach additional pages if necessary): AV& INP a� IR 2. All proposers shall provide d on of�aI measures to be followed while performing work under this contract. e City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 16 of 20 Page 57 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION E: Cost Summary The City of Fayetteville intends on awarding to one Proposer; however, the City reserves the right to award based on the best interest of the City, based on the Selection Criteria presented in this RFP. Scope of work shall include ALL Waterways as described in this RFP, including Appendix Document (GI pas visual). Price proposed shall be inclusive of all areas described for all work described in the Scope of . Price proposed shall be listed for entire Contract duration of five (5) years. Proposer shall list any antici creases in cost. NAME OF COMPANY: _ O� LUMP SUM COST PROPOSED: Additional services shall be presented in the form of houpilates along w' iNpsZRiption and documentation of other services that may be provided within this propos es shal u e necessary equipment, tools, and labor. Proposal may also include a percent marl u+n any item y m purchase for use through the Contractor. ` 1. Documentation shall be provided � h quot ar app prior to purchase. Any approved materials and quantities shall be v �ith sup orting do ion when invoices are submitted to the City. The City reserveA rinte o pro terial nd pplies through businesses other than selected vendors, if it is in re��f City.^ Mark up % on materialsV quote and approved prid supporting documentation materials and supplies the ADDITI Documentation shall be provided with each !A materials and quantities shall be verified with ted to the City. The City reserves the right to procure than selected vendors, if it is in the best interest of the Proposer shall submitJ%tional services for offering by completing the form below or may attach hourly rates and documentatiVother services that may be provided within this proposal. �urly Rate: Description of Service: Hourly Rate: 3. Description of Service: Hourly Rate: 4. Additional Capture Devices (cost per device): City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 17 of 20 Page 58 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION G: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must dis e if a known relationship exists between any principal or employee of your firm and any City ofjy� ville employee or elected City of Fayetteville official. + �J i. If, to your knowledge, no relationship exists, this should also be stated in your onse. Failure to disclose such a relationship may result in cancellation of a purchase and/ c tract as a result of your response. This form must be completed and returned in order oid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP�LY APPLIES TO YOUR FIRM: 1 NO KNOWN RELATIONSHIP EXIS 1� ^ 2) RELATIONSHIP EXISTS (PI ain): r N1'1�11 4&X tw';*A1, - �� b. I certify that; as an offs his ni tion, r he attached letter of authorization, am duly authorized to certify the nfor i rovided is accurate and true; and my organization shall comply with all State and Fe er aI Op o and Non -Discrimination requirements and conditions of employment. c. Proposer agrees that they s all has ent, valid registration with the Arkansas Secretary of State at time of RFP deadl J1 be a e t ovide proof of registration before recommendation of award to Fayetteville Ci P fncil. V d. PursuTt nsas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not curreyccott Israel and will not boycott Israel during anytime in which they are entering into, or while ,with any public entity as defined in §25-1-503. If at any time during contract the contractor 01nicles to boycott Israel, the contractor must notify the contracted public entity in writing. ursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 18 of 20 Page 59 of 594 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): Phone#2: E-Mail Address: C40 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation request posal, or request for qualification by signing and dating below. All addendums are h eby ade a pLhe bid or RFP documents to the same extent as though it were originally included t 9 it 'rropo r rs s indicate their receipt of same in the appropriate blank listed herein. Failur so e Co a r to disqualification. ADDENDUM NO. SIGN AND PRI T NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATIOA-,\' `CO a. As an interested partyis projett�'yo)u are required to provide debarment/suspension certification indicating compliaKe_with the below Federal Executive Order. Certification can be done by completing and signing thi v b. Federal E uAve Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving indivi rds, using federal funds, and all sub -recipients certify that the organization and its principals are notrrad, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any e ral epartment or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 19 of 20 Page 60 of 594 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX I D #: PHONE: E-MAIL: AR. SECRETARY OF STATE FILING #: • FAX: J`- SIGNATURE: N" _*l N PRINTED NAME: ..,E ��� �v` < 011r 1 IV END OF RFP DOCUMENT V City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 20 of 20 Page 61 of 594 RFP 24-04, Addendum 1 CITY OF _ FAYETTEVILLE Date: Monday, April 15, 2024 ' A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFP 24-04, Waterway Cleanup Services This addendum is hereby made a part of the contract documents to the same ext &as hough it were originally included therein. Interested parties should indicate their receipt of sam tppropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGN�OCATION ON THE BID PORTAL/FORM. OW 1. PRE -PROPOSAL CONFERENCE: a. There will be a non -mandatory pr sal con l on sl a the Walker Park batting cages parking lot on Tuesday, April 30th a 1 Al Zji Nreste are invited to attend. Location: Walker P t ng C e Parking L to the Razorback Greenway) low Fayet le, R 72 1 VU V Q IV IV City of Fayetteville, AR RFP 24-04, Addendum 1 Page 1l1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 62 of 594 RFP 24-04, Addendum 2 CITY OF _ FAYETTEVILLE Date: Friday, April 19, 2024 ' A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFP 24-04, Waterway Cleanup Services This addendum is hereby made a part of the contract documents to the same ext Nas-Though it were originally included therein. Interested parties should indicate their receipt of same/ � t�ppropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNA MOCATION ON THE BID PORTAL/FORM. 1. Clarification — Proposer shall hold a current, valid Is ation w Arkansas Secretary of State OR be able to provide proof of registration before me dation ��ard to Fayetteville City Council. AN CJ O City of Fayetteville, AR RFP 24-04, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 63 of 594 RFP 24-K Addendum 3 CITY OF IV FAYETTEVILLE Date: Thursday, May 2, 2024 A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFP 24-04, Waterway Cleanup Services This addendum is hereby made a part of the contract documents to the same ext 'LN�s7hough it were originally included therein. Interested parties should indicate their receipt of sam t ppropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIG�OCATION ON THE BID PORTAL/FORM. 1. A non -mandatory pre -proposal conference wa e on Tu �pril 30, 2024 at 10:00 AM on - site at the Walker Park Batting Cages Parkin Lot. he listii►attendees is also attached to this Aft addendum for disclosure to all interest les (Att t A). a. Attendees: i. City of Fayetteville: G 1. Amanda Sr. P casing Age 2. Kenny i urcha�i'�[� nt 3. By phry, eratio it ctor 4. Jones n eer & unity Programs Coordinator ii. Vendor Qndsca 1. Titan La 2. Questions — The folio queV ve been received and answered by the corresponding department: ` a. Que hen trasl yzation is complete, is there a certain method of disposal that has tused by the Contractor? Answer: The City will have an account number set up for the project. The Contractor shall bring the sorted trash and recycling through the City's Transfer Station, and Recycling and Trash Collections will bill the City for what is brought in. b. Question: If the City recognized a new, additional waterway to be cleaned, how quickly would the Contractor need to act on that (mobilization time)? i. Answer: The Contractor will have up to one (1) month to mobilize if/when additional waterways are added. City of Fayetteville, AR RFP 2 4- 0 4, Addendum 3 Page 112 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 64 of 594 c. Question: Is there any deep water in any of the proposed waterways? 3 i. Answer: The deepest section is likely the southern port of the Town Branch. Depending on rainfall, everything should be shallow enough to wade through. Clarifications — The following is being offered to provide some clarification regarding this RFP: a. The performance of the entire scope of work may be divided out over the full five contract. •.G I The 'SECTION E: Cost Summary' section of the RFP has been revised and i addendum (Attachment B). ALL PROPOSERS SHALL USE THIS UPDAT� FORM, OR PROPOSAL MAY BE REJECTED. The RFP on the onli�►p updated to reflect these changes. c. Below are links to websites showing examples of catch being provided as examples; all substitus will be cor i. https://www.epa.gov/trash-free-' ii. htt s: 19�anuar 2021s � technologies .html#oo iii. httos://www.elasteXo?%/iDroducts7%*0EinR- to this WARY D been ttachment B). These are trash-caoture- rriers/trash-debris-boo City of Fayetteville, AR RFP 24-04, Addendum 3 Page 212 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 65 of 594 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Attendance Sheet Description: Iti)O��-P_YWU-IJ� UfC�Y���ll �YSV\CS2�� Function (circle one) :Bid Opening, Selection Committee Meetin Date:_ � /=i Time:�. Attachment A •NG City staff e-mail includes "@fayetteville-ar.gov' tO Name itle one Email i'CY1IWl d� r -�o `, IaJL�4 AV rl wV 75- 3�3- :�, K(I ,na 6�ones C�� o(uw /►a�r q4-f- 200-67oz ,�.�,.�a-���a.� g�1), All Bid Openings are also streamed live on the City of Fayetteville's YouTube Channel. Company ' Page 66 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION E: Cost Summary Attachment B The City of Fayetteville intends on awarding to one Proposer; however, the City reserves the right to award based on the best interest of the City, based on the Selection Criteria presented in this RFP. Scope of work shall include ALL Waterways as described in this RFP, including Appendix Document (GI pas visual). Price proposed shall be inclusive of all areas described for all work described in the Scope of . Price proposed shall be listed for entire Contract duration of five (5) years. Proposer shall list any antici creases in cost. NAME OF COMPANY: _ D� LUMP SUM COST PROPOSED: Additional services shall be presented in the form of hou ates along w' j Ncll�sMription and documentation of other services that may be provided within this propos es shaI u e necessary equipment, tools, and labor. Proposal may also include a percent marl u+n any item y m purchase for use through the Contractor. `� 1. Documentation shall be provided r� h quot ar app prior to purchase. Any approved materials and quantities shall be v � with sup orting doc ion when invoices are submitted to the City. The City reserves th o pro terial nd pplies through businesses other than selected vendors, if it is in t intere4, 0?City6.^ Mark up % on materialsV quote and approved prid supporting documentation materials and supplies the ADDITIONAL PRO Documentation shall be provided with each !A materials and quantities shall be verified with ted to the City. The City reserves the right to procure than selected vendors, if it is in the best interest of the Proposer shall submit&4�%tional services for offering by completing the form below or may attach hourly rates and documentatitvother services that may be provided within this proposal. �urly Rate: Description of Service: Hourly Rate: 3. Description of Service: Hourly Rate: 4. Additional Capture Devices (cost per device): City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 17 of 20 Page 67 of 594 CITY OF VA FAYETTEVILLE ARKANSAS RFP 24-04 Addendum 3 Osprey Initiative Supplier Response Event Information G �� Number: RFP 24-04 Addendum.3 Title: Waterway Cleanu S p Type: Request for Propo' G Issue Date: 4/14/2024 O Deadline: 5/9/2024 02:0 CT) Notes: The City of a ettevill sas, oposals from qualified firms to cI rvic data collection for designated watei roug u yettevil Any questions regarding this RFP shall dir ct Am4Beilfuss, City of Fayetteville Sr. Purchasing abeilf s yetteville-ar.gov or (479) 575-8220. Contact Inform on Contact: A ahBeilf Address: sing m 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 mail: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Osprey Initiative RFP 24-04 Addendum 3 Page 68 of 594 Osprey Initiative Information Address: 651 Olive Avenue Fairhope, AL 36532 Phone: (601) 842-7305 Web Address: www.osprey.world By submitting your response, you certify that you are authorized to represent and bind your company. Donald W. Bates Jr Signature Submitted at 51812024 02:00:38 PM (CT) Requested Attachments officeadmin os re .world C«� � Y Email RFP 24-04, Waterway Cleanup Services ^FP 24-04 Osprey Initative roposal. pdf Please attach the signed and completed RFP form, locate the 'Attachm along with Proposal. Please verify that the RFP form submitted has the revised Cost Summa for that w o 'ded with Addendum 3. Response Attachments ��+ �Q� _�► Osprey Product Flyers.pdf S VvInformational flyers for Osprey products an i�ies avail le Osprey Combined Resumes.pdf 9 Y Ke Personnel Resumes O Bid Attributes P at 4� 1 Arkansas Secretary of State Fili er: Please provide your current, v li nsas o State Filing Number or Application Confirmation Number to register with the Arkansas Secr of StatSe In Progress. Shall be corkleted before f e awarded. 2 Addendum Ackno ement you acknowledge that you have read all addendum(s) that have been issued for this By selecting "I a t9le. solicitation, i ❑� I agree Page 2 of 2 pages Vendor: Osprey Initiative RFP 24-04 Addendum 3 Page 69 of 594 OSPREY I N I T I AT I V E May 8, 2024 City of Fayetteville Purchasing Division RFP 24-04, Waterway Cleanup Services C Osprey Initiative LLC. Official Quote Proposal Number: P24-036 Attn: Amanda Beilfuss J` Senior Purchasing Agent Ms. Beilfuss, This letter and the attachments contained herein represent an official e f services and proposal from Osprey Initiative LLC. in response he City of Fa e 's Request for Proposals RFP 24-04 Waterway Cleanup Service Th tasks be l w corporate all activities outlined in the "Scope of Service" section of t R , as wellVstimaptohided, Addit al Information referenced in "Section D: Method and Sa dt ures " in addition to "Section E: Cost Summary." The coste sh es fortal year and the subsequent four (4) years, should the e ext ded O Task 1— Tactical Cleanups of ority L ns Over the initial 12-mo c ntract, 11 co to t tical cleanups of the 10 locations identified within e e of spr l•eate and implement a cleanup plan for each location, accou acce ty, and ibility. Osprey will enter the cleanup locations on foot, or by b at, an w' ove el6gterial by hand to minimize environmental impact. The work will be perfo a team (6) Osprey staff members. The staff time allocated to the cleanup acti 't include a cost estimate and is based on the corresponding distances cted of r ach stretch of waterway. If these distances are changed, the required in wer will dusted accordingly. i. Town Branch: Co not wit White River to Interstate 49: 4.5 miles ii. Spout Sprin th — on ce with Town Branch to 7th Street 1 mile iii. College Bran onfluence own Branch to MLK Jr. Blvd. 1 mile iv. Tangle ranch: Confluence with Spout Spring Branch to MLK Jr. Blvd..4 miles v. Scu onfluence with Mud Creek to Wilson Park 3.6 miles vi. Ha e t • g Creek: Rupple Road to North Porter Road 1.3 miles tdIr ud reek: North Old Missouri Road to North Gregg Avenue 2.2 miles Owl Creek: Dale Clark Park to West Persimmon Street 1.25 miles x. ato Springs Branch: Confluence with Town Branch to Fulbright Expressway 2 miles . Clear Creek: Confluence with Lake Fayetteville at Highway 265 Distance Unclear If the City of Fayetteville chooses to renew the project contract for an additional four years, Osprey will perform a tactical cleanup of each of these locations annually. If the city deems that any/all of these sites no longer require annual cleanups, Osprey will work with city officials to select new locations. It should also be noted that Osprey expects the time needed for each tactical cleanup to decrease after the first year and this is reflected in the cost estimate. The methods and safety measures for these activities are described in the attached Standard Operating Procedures. 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREY.WORLD I f OO V in Page 70 of 594 OSPREY I N I T I AT I V E Task 2 — Device Location Recommendations Working with the City of Fayetteville, Osprey Initiative will assess the data collected from the Tactical Cleanups in Task One to recommend sites for device installations. The locations will be chosen based on a combination of expected quantity of litter, access, safety feasibility, and approval from the City. Osprey will assist the city in obtaining all neces� ark` permissions and permits. , Osprey Initiative provides several different litter interception devices based eeds of the client and the characteristics of the installation sites. Osprey Litter Gitters itter Booms are described in the Addendum under "Additional Products." Ospre iar with the Fayetteville area and the dynamics of the waterways there. The cost per dev� shown in the cost estimate as a monthly fee. We do not currently know the location as such, providing a firm cost estimate for each site is not feasible. Ho equipped to work with the City of Fayetteville wi4Aiffi the available IN customize our devices and installation processes r t challe;5 s91 site. ,` Task 3 — Device Delivery and Installat A An Ospreycrew will deliver a 1 all ensure the gear is installed in a ma at is conj will be anchored and stationary 'their r 3S withstand variable flow rate ater dep ] anchoring techniques, 1 e to, to ui Task 4 —12 Month Maiittenankwem Throughout the 12- o od of maintenance for the new lit�ceptionO Pd litter with auM i v m7er of devices and , Osprey is well �Nnd timeline to characteristics of each W\A, on devices. Osprey will eauirements. The devices �vhile retaining the ability to ogy, and the corresponding the device. it contract, Osprey will provide bi-monthly In addition, Osprey staff will be on -call to check the traps within)'t74 of signi chain events. Osprey technicians will clean the device itself, as well as the ore linef3NINint around the device and anchor points during each visit. If the contra,* s rWewed fo ditional four-year intervals, Osprey will continue to perform the in e of es ices. Mainte will als de any small repairs necessary to keep the device functional and effect collecting litter. If a device becomes damaged beyond repair, Osprey will com c his to the city and collaborate on a plan for replacement. Osprey will remove and safely d' se of all collected material. When feasible, material will be recycled instead of sent t e la dfill. Osprey will work with the City of Fayetteville to reevaluate the effectiveness of devices and the maintenance schedule at regular intervals throughout the project and again before each of the renewal periods. The methods and safety measures for these activities are escribed in the attached Standard Operating Procedures. Task 5 — Coordinating/Management/ Reporting Task 5 covers all costs related to the management, data collection, and reporting requirements for this project. Osprey will record an extensive data set at each of the device maintenance visits and tactical cleanups. This will include weights, volumes, and types of 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREY.WORLD I f OO V in Page 71 of 594 OSPREY INITIATIVE material recovered. The RFP specifically requests that the volume of Styrofoam be tracked throughout the project and Osprey will ensure that this metric is captured. The EPA modified ETAP methodology will be utilized on a representative sample of !b collected material to produce a litter profile over the extent of the project. An example 4f e) ETAP data card is available in the attachments. This data will be tracked on ETAP feel sheets and recorded in a Microsoft Excel Spreadsheet. ETAP captures the types of I' eing collected, as well as the condition, and possible sources. During an ETAP audit, ials are divided into one of six (6) main categories: Paper, Glass, Metal, Plastic, Sty nd Other. Within those categories, material is further classified as a specific item: chi beverage can, plastic cup, etc. Each item in the ETAP audit is accounted for, and the cpQiti n of the item is recorded as either Intact, Partially Intact, or Degraded. This condition s ication helps to determine if the litter at that site is new or "legacy " large percengacy litter at a site may indicate that the location had a litter issue inlLhe Jtst, but th i o longer does. Conversely, a site full of Intact material usually signalaac n oblem. rterly ort will be provided to the City of Fayetteville documenting tl}y of 'tt ecycla oved. Osprey will also provide an annual report at the h plemei ith a full litter profile and ETAP breakdown. N. This scope of services a orre: a proposal that is in line with t r uiremel reflects our experience in t I rea a awarded, Osprey will ently i ensure that the actual pro ucts ai � s of the City of Fayetteville. We �Y e to Osprey appreciate oTrportui attached to this docum-,Nk anv addiii out. Thank you fo Z h e an con eration. I 11 Gi d 00, or Project Manager ey Initiative, LLC Attachments: - RFP 24-04 — Completed and Signed - Osprey Itemized Cost Estimate - Litter Collection Device SOP - Tactical Cleanup SOP - Dangerous Materials SOP - ETAP Data Card O✓ cost est' re Osprey's efforts to provide RFP e ently, the Cost Estimate i similar expenses. Once funding is tatives and any other stakeholders to are those that best fit the needs and goals sts and utilize local labor when possible. this proposal. The other required forms are >n is needed, please do not hesitate to reach 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREY.WORLD I f OO V in Page 72 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION G: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must dis e if a known relationship exists between any principal or employee of your firm and any City of ville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in your onse. Failure to disclose such a relationship may result in cancellation of a purchase and/ c tract as a result of your response. This form must be completed and returned in order o bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS ITAPPROP�RLY APPLIESTO YOUR FIRM: X 1 NO KNOWN RELATIONSHIP EXIIC, 2) RELATIONSHIP EXISTS (PI ter ain): p N- b. I certify that; as an of his ni tion, or the attached letter of authorization, am duly authorized to certify the nfor i rovidA CO n is accurate and true; and my organization shall comply with all State and Fe er aI Oppo t ity and Non -Discrimination requirements and conditions of employment. e) c. Proposer agrees that they s all hav rent, valid registration with the Arkansas Secretary of State at time of RFP dead) be vide roof of registration before recommendation of award to �� � p g Fayetteville Ci� ncil. d. PursuTt nsas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not curreyccott Israel and will not boycott Israel during anytime in which they are entering into, or while ,with any public entity as defined in §25-1-503. If at any time during contract the contractor ides to boycott Israel, the contractor must notify the contracted public entity in writing. ursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 18 of 20 Page 73 of 594 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: _Osprey Initiative LLC Primary Contact: _Donald W. Bates Jr Title of Primary Contact: Owner/Preside Phone#1 (cell preferred): (601) 842-7305 Phone#2: (251) 525-9 E-Mail Address: don.bates@osprey.world V 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation t bid request by signing and dating below. All addendums are h eby ade a p r extent as though it were originally included opo r in the appropriate blank listed herein. Failur rso IN posal, or request for qualification he bid RFP documents to the same rs sho sate their receipt of same Contr o disqualification. n ADDENDUM NO. SIGN AND PRI T NAME DATE ACKNOWLEDGED Addendum 1 �„�/� Donald BjtNJr 5/8/2024 Addendum 2 DB I ates Jr 5/8/2024 Addendum 3 Bata_ NaIdW.Batesir 5/8/2024 4. DEBARMENT CERTIFICATION: a. As an interested party o is proje are required to provide debarment/suspension certification indicating compliaKe_with the b eral Executive Order. Certification can be done by completing and signing thi O b. Federal E uAve Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving indivi rds, using federal funds, and all sub -recipients certify that the organization and its principals are notr0drd, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any e ral epartment or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 19 of 20 Page 74 of 594 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: _Osprey initiative LLC PHYSICAL ADDRESS: _2350 Halls Mill Road, Mobile, AL 36606 MAILING ADDRESS: _651 Olive Ave, Fairhope AL 36532 G TAX ID #: 81-5089230 AR. SECRETARY OF STATE FILING #: In progress PHONE E-MAIL: (251) 525-9727 don. bates@osprey.world FAX: N/A SIGNATURE: v �� PRINTED NAME: Donald W. Bates Jr TITLE: Owner/President Osp ative� TE: se-, e) +, e4)� co IV City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 20 of 20 Page 75 of 594 City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services SECTION C: References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Osprey Initiative LLC CO NUMBER OF YEARS IN BUSINESS: 7 HOW LONG IN PRESENT LOCATION: 5 TOTAL NUMBER OF CURRENT EMPLOYEES: 13 FULL TIME 20 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 4 FULLTIME 4 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICE IN THE PAST FIVE (5) YEARS (All fields must be completed): 1. City of Mobile —current client City of Bi in a current client COMPANY NAME C PANY NA� Mobile, AL,36606 _Bir L. 350 CITY, STATE, ZIP Cl ZIP _Rosemary Ginn irecus C p CONTACT PERSON CO TACT PE 71Q, _251-208-7967 5 - 01 TELEPHONE N N/A /A FAX NUMBER X NUMBER _rosemary@cityofmobile.org ✓✓✓✓✓_direcus.cooper@birminghamal.gov E-MAILADDRESS E-MAILADDRESS 3. Louisiana State Universi r Itural e 4. _Pontchartrain Conservancy current client COMPANY NAME ' COMPANY NAME O _Baton Rouge, LA 80t New Orleans, LA 70009 CITY, STATE, ZIP CITY, STATE, ZIP Jgftuehn _Kristi Trail N/A FAX NUMBER ikuehny@agcenter.lsu.edu E-MAIL ADDRESS City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 15 of 20 CONTACT PERSON _504-836-2215 TELEPHONE N/A FAX NUMBER kristi@scienceforourcoast.org E-MAIL ADDRESS Page 76 of 594 City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services SECTION D: Method and Safety Measures 1. All DroDosers shall Drovide method of DerforminR work under this contract. If armlicable. Drovide an itemized list of equipment to be u including manufacturer and model numbers (attach additional pages if necessary): Please see the scope of work section for additional information on methods and activities •�G The specialized equipment that may be used on this project includes Litter Gitters an Li om. More information about each of these devices is available in the Additional Information s c h photographs and specifications for each item. G � � o Cio o � o �CO 2. All proposers shall provide d on o6a4 ety measures to be followed while performing work under this contract. Osprey adheres to all app able fe mate, and local regulations related to workforce safety. Additionally, the compa strict se nal safety standards and protocols. All field activities have their own standard oper edure 0 Mfd field teams perform daily on -site "Safety Check and Briefing" discussions with 31; T compan�acts external companies for annual safety inspections of the office and project site visi toonsure quality control. All staff are trained in a comprehensive online job safety curriculum and full-ti teceive First Aid and CPR training as well. The for Tactical Cleanups and Litter Collection Device Cleanouts have been included in the add0 I do ments section, along with the Dangerous Materials SOP. These documents provide details about I Iof safety that Osprey teams maintain in the field when working in or near waterways. If requested, t happy to provide additional documentation such as our Health and Safety Plan (HASP) or SOPS related o ey s her activities City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 16 of 20 Page 77 of 594 City of Fayetteville RFP 24-04, Waterway Cleanup Services SECTION E: Cost Summary The City of Fayetteville intends on awarding to one Proposer; however, the City reserves the right to award based on the best interest of the Citv. based on the Selection Criteria Dresented in this RFP. Scope of work shall include ALL Waterways as described in this RFP, including Appendix Document (GI p as visual). Price proposed shall be inclusive of all areas described for all work described in the Scope of . Price proposed shall be listed for entire Contract duration of five (5) years in cost. NAME OF COMPANY: Osprev Initiative Proposer shall list any antyci creases J� n� LUMP SUM COST PROPOSED: $786,560.00 for 5 years. Please refer to full cost estinowfor details Additional services shall be presented in the form of how ates alongdTscription and documentation of other services that may be provided within this proNg& Rates ilud necessary equipment, tools, and labor. Proposal may also include a perce,;it arkup on m thy may purchase for use through the Contractor. 1. Documentation shall be provided h quo t ar approv or to purchase. Any approved materials and quantities shall be v with sup orting docu e ion when invoices are submitted to the City. The City reserves th o pro terials nin plies through businesses other than selected vendors, if it is in t intere Cit 2. Mark up % on materials sed fo e ity ( %). Documentation shall be provided with each quote and approved pri to p . Any ed materials and quantities shall be verified with supporting documentation h ices ar s mi ted to the City. The City reserves the right to procure materials and supplies th(sinesse a han selected vendors, if it is in the best interest of the City. ADDITIONAL PROPOSE AM CAS P Proposer shall submitSaional ser ' for offering by completing the form below or may attach hourly rates and documentatiVother services that may be provided within this proposal. 1. sfirof Service: Additional services available upon request ourly Rate: _Variable Description of Service: Hourly Rate: 3. Description of Service: Hourly Rate: 4. Additional Capture Devices (cost per device): City of Fayetteville, AR RFP 24-04, Waterway Cleanup Services Page 17 of 20 Page 78 of 594 COST ESTIMATE P24-036 - Year One REP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 120 hrs @ $150.00 /hr $18,000.00 Senior Project Manager 328 hrs @ $120.00 /hr $39,360.00 Senior Field Lead 328 hrs @ $75.00 /hr $24,600.00 Field Tech 1312 hrs @ $50.00 /hr $65,600.00 Field Supplies 1 est @ $1,000.00 /est $1,000.00 Canoe/Kayak x 2 10 days @ $100.00 /day $1,000.00 Mileage 9800 miles @ $1.00 /mile $9,800.00 Meals 41 days @ $300.00 /day $12,300.00 Hotels 32 nights @ $600.00 /night $19,200.00 $19 ,860.00 Task 2 - Device Location Recommendations Executive Project Manager 40 hrs @ $15 /hr $ 0 Senior Project Manager 40 hrs @ $1 .00 thr .00 Mileage 1400 miles @ $ /mile 00.0 Meals 4 days @ 100.00 /day $400.0� Hotels 3 nights @ b.00 $600. Task 3 -Device Delivery/Installation 13,200.00 Executive Project Manager 40 hrs f $1 .00 0.00 Project Manager 40 s(��G 0 /hr 600.00 Senior Field Lead 4 s /hr O ,000.00 Field Tech 4 @ �50.0 $2,000.00 Field Supplies est @ 1,000.0 st $1,000.00 Mileage 1400 mile $J,00 le $1,400.00 Meals 4 V /day $800.00 Hotels @ 00. 0 /night $1,200.00 $19,000.00 Task 4 - 12 Month Maintenanc ent Each cost shown below is per ce. Litter Boom 12 moat $2,100.00 /month $25,200.00 Litter Gitter ]�.y� $2,500.00 /month $30,000.00 To be Determined Task 5 - Coordinatin a ement n Executive Pr t anager 56 hrs @ Senior c ager 56 hrs @ Admin 40 hrs @ 1400 miles @ 4 days @ ete 3 nights @ $150.00 /hr $8,400.00 $120.00 /hr $6,720.00 $60.00 /hr $2,400.00 $1.00 /mile $1,400.00 $100.00 /day $400.00 $200.00 /night $600.00 $19,920.00 Year 1 Total: $242,980.00 *Does not include Task 4: 12 Month Maintenance Agreement* Page 79 of 594 COST ESTIMATE P24-036 - Year Two RFP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 80 hrs @ Senior Project Manager 240 hrs @ Senior Field Lead 240 hrs @ Field Tech 960 hrs @ Field Supplies 1 est @ Canoe/Kayak x 2 10 days @ Mileage 7000 miles @ Meals 30 days @ Hotels 25 nights @ $150.00 /hr $12,000.00 $120.00 /hr $28,800.00 $75.00 /hr $18,000.00 $50.00 /hr $48,000.00 ♦` $500.00 /est $500.00 $100.00 /day $1,000.00 $1.00 /mile $7,000.0� $300.00 /day $9, $600.00 /night $15,0 .0 $139,300.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below is per device. Litter Boom 12 months @ 10 0 /month 25 200.00 Litter Gitter 12 months @ $ 00 /mo $3 00.00 To be Determined Task 3 - Coordinating/Management/Reportiin Executive Project Manager 40 hrs ` $1 . 0 00.00 Senior Project Manager 40 $1 .00 /hr O 4,800.00 Admin $60. /hr $1,920.00 Mileage 4 Res @ $1.00 / $1,400.00 Meals 4 days @ �$ 0.00 $400.00 Hotels 3 night $20 ig t $600.00 $15,120.00 Year 2 Total: $154,420.00 Does not 1 lud�Task 2: 12 Month Maintenance Agreement* O O Page 80 of 594 COST ESTIMATE P24-036 - Year Three RFP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 40 hrs @ Senior Project Manager 200 hrs @ Senior Field Lead 200 hrs @ Field Tech 800 hrs @ Field Supplies 1 est @ Canoe/Kayak x 2 10 days @ Mileage 7000 miles @ Meals 25 days @ Hotels 20 nights @ $150.00 11 /hr $6,000.00 $120.00 /hr $24,000.00 $75.00 /hr $15,000.00 $50.00 /hr $40,000.00 ♦` $500.00 /est $500.00 $100.00 /day $1,000.00 $1.00 /mile $7,000.0� $300.00 /day $7, $600.00 /night $12,0 .0 $ 3,000.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below is per device. Litter Boom 12 months @ 10 0 /month 25 200.00 Litter Gitter 12 months @ $ 00 /mo $3 00.00 To be Determined Task 3 - Coordinating/Management/Reportiin Executive Project Manager 40 hrs ` $1 . 0 00.00 Senior Project Manager 40 $1 .00 /hr O 4,800.00 Admin $60. /hr $1,920.00 Mileage 4 Res @ $1.00 / $1,400.00 Meals 4 days @ �$ 0.00 $400.00 Hotels 3 night $20 ig t $600.00 $15,120.00 *4 Year 3 Total: $128,120.00 Does not 1 ludlsTask 2: 12 Month Maintenance Agreement* O O Page 81 of 594 COST ESTIMATE P24-036 - Year Four RFP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 40 hrs @ Senior Project Manager 200 hrs @ Senior Field Lead 200 hrs @ Field Tech 800 hrs @ Field Supplies 1 est @ Canoe/Kayak x 2 10 days @ Mileage 7000 miles @ Meals 25 days @ Hotels 20 nights @ $150.00 11 /hr $6,000.00 $120.00 /hr $24,000.00 $75.00 /hr $15,000.00 $50.00 /hr $40,000.00 ♦` $500.00 /est $500.00 $100.00 /day $1,000.00 $1.00 /mile $7,000.0� $300.00 /day $7, $600.00 /night $12,0 .0 $ 3,000.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below is per device. Litter Boom 12 months @ 10 0 /month 25 200.00 Litter Gitter 12 months @ $ 00 /mo $3 00.00 To be Determined Task 3 - Coordinating/Management/Reportiin Executive Project Manager 40 hrs ` $1 . 0 00.00 Senior Project Manager 40 $1 .00 /hr O 4,800.00 Admin $60. /hr $1,920.00 Mileage 4 Res @ $1.00 / $1,400.00 Meals 4 days @ �$ 0.00 $400.00 Hotels 3 night $20 ig t $600.00 $15,120.00 *4 Year 4 Total: $128,120.00 Does not 1 lu?Task 2: 12 Month Maintenance Agreement* O O Page 82 of 594 COST ESTIMATE P24-036 - Year Five REP 24-04 Waterway Cleanup Services Fayetteville, AR Task 1 - Tactical Cleanups of 10 Priority Locations Executive Project Manager 40 hrs @ Senior Project Manager 200 hrs @ Senior Field Lead 200 hrs @ Field Tech 800 hrs @ Field Supplies 1 est @ Canoe/Kayak x 2 10 days @ Mileage 7000 miles @ Meals 25 days @ Hotels 20 nights @ $150.00 11 /hr $6,000.00 $120.00 /hr $24,000.00 $75.00 /hr $15,000.00 $50.00 /hr $40,000.00 ♦` $500.00 /est $500.00 $100.00 /day $1,000.00 $1.00 /mile $7,000.0� $300.00 /day $7, $600.00 /night $12,0 .0 $ 3,000.00 Task 2 - 12 Month Maintenance Agreement Each cost shown below is per device. Litter Boom 12 months @ J00 0 /month 25 200.00 Litter Gitter 12 months @ $0 /mo $3 00.00 To be Determined ♦ Task 3 - Coordinating/Management/Reportiin Executive Project Manager 56 hrs ` $1 . 0 .00 Senior Project Manager 56 $1 .00 /hr -' 6,720.00 Admin $60. /hr $2,400.00 Mileage 4 Res @ $1.00 / $1,400.00 Meals 4 days @ �$ 0.00 $400.00 Hotels 3 night $20 ig t $600.00 $19,920.00 Year 5 Total: $132,920.00 Does not 1 lu�Task 2: 12 Month Maintenance Agreement* O O Page 83 of 594 OSPREY I N I T I AT I V E Osprey LCD (Litter Collection Device) Cleanout SOP (Standard Operating Procedure) General Notes • Osprey Litter Collection Device Cleanout — The removal and sorting of all trash items fr �a Boom or Litter Gitter site. A site is defined as the trap system and surrounding arc► (typically 50 yards upstream and downstream of the trap system). • Osprey Litter Collection Device Deep Clean —The removal and sorting of all tr h I s within 100 yards of the trap system, upstream and downstream. To be er quarterly. • At a minimum, each site will be checked and serviced every two weeks. itionally, crew members will be on call for major rain events, or if repairs are re d. • Field crews will maintain two -person teams, in adherence to sa k protocols. • If the site does not require cleaning, the �ew wRney n submit Litter Collection Device Cleanout Form for project records. t site the field crew will complete and submit Litter Collection Device Cle n Out FormaEscaTrash Assessment Program (ETAP) Data Card. For �s�o a up aPo 1:59 pm EST on Sunday of each week. V • If material collected is less t 30-gal t h gs, field re� ilI complete ETAP on all material. However, if the ed mater I exceeds tw trash bags, field crews will complete ETAP on 10y%'`Y�epresen� ampling otal material. Required Equipment Common to All: • Trash Pickers: 1 per cry • Tubs: 3-4 per cre • Hanging Scale: r • Trash bags: se • ClipboalW w/ forms: 1 A]ItQ Kit Multi -tool Repair Items (Zipties, paracord, shackles, duct tape, etc.) • Waders: 1-2 per crew • Canoe/Kayak/Pirogue: 1 per crew (if required) • PFDs: 1 per crew member • Hip Boots: 1 set per crew member 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® V in Page 84 of 594 OSPREY INITIATIVE Planning and Preparation • Weekly work schedule published and communicated to field crew and project supervisor b� crew lead based on weather forecast, routine Boom service schedule, and crew membeZ availability. 0 C) • Previous forms reviewed to ensure any remarks regarding required follow-up sire incorporated into the work plan. Safety plans should be reviewed and upda if required) on a quarterly basis as a refresher. • Gear/equipment prep conducted night prior to workday. Task compl� assigned by crew lead. Field Operations G � When first arriving at the site, takg t' to completPure:p) ty Chec Briefing. Examine the site for changes an ur bean a safety measures are implemented. Crew will gear up with spec' �e (Person tective E ip ent). o Hip boots are st d►footwe r r most field ti 'ties. o Life jackets s orn an a rew m Qworking in a waterway without visual sup from an rew el!•EGhen the water is deeper than twel hes, or rew m rs a on a boat/watercraft Following safet check,4W i�nce Littler ction Device Clean Out. all tr hms in tubs. y%etftion. Do not collect vegetation with trash (unless ) Iiice of all trash items and vegetation, perform a check of st Boom, if necessary, for optimal performance. If ent damage that cannot be repaired in the field to report .TAP (see the Osprey ETAP SOP for guidelines) and ard. proceed with separating and bagging recyclables and rly labeled with site name and date. Recommend using duct tape and Sharpie marker. Recyclables are determined based on project requirements and local recycling center guidelines by both material and condition. Typically, for items to be considered recyclable, they must be an acceptable material in good condition, such as intact/un-fouled aluminum and #1 plastics. When uncertain, field crews should consult with the project supervisor. Once all materials have been separated, complete the Litter Collection Device Clean Out Form to document weight and volume for both recyclables and disposables. Follow the Osprey Dangerous Materials SOP when handling hazardous items. 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® V in Page 85 of 594 Post Op OSPREY INITIATIVE • So long as it is safe and in accordance with the aforementioned SOP, trash items should be drained of water/fluid and vegetation removed to avoid skewing weight. • Debris is anything other than floating litter that is caught in a Litter Collection Device. This includes, but is not limited to, vegetation or wood. Items that are too large to fit into th gallon trash bags should also be labeled as debris. This may include tires, appliances, car parts, and shopping carts. These items should be noted in the debris section o to Collection Device Clean Out Form and weighed separately. • Use the hanging scale to weigh each bag and total the weights by respectiv gory of recyclables and disposables. Volumes are estimated based on amount of material in a tub — plasti ave a full volume of 2.5 cubic feet [Champagne baskets have a full volume o 1.7 bic feet] Prior to departing the site, the crew lead completes final confir io that the forms are fully filled out. Materials will be properly loaded and tie do . They wi� e hauled away and taken to an approved storage/ disposal site. Periodic quality checks will c ducted byroject s ry or to ensure consistency in the application of ETAP dllection. a the qualit ch has been completed, recyclables and disp an be r orted i de ective bins for subsequent disposal. •V' V Crew lead wi a mont to on Co lection Device sites to the project supervisor. Al m I ted f (hard copjgs) st be submitted by the crew lead to the project supervill • Crew leads shou project supervi should ensur related SOPS for • Crew lle s shAu Attached are a NanAOsprev ch week. m ory of all equipment and gear and inform the '/damaged or missing (stolen/lost). Crew lead ntenance schedules for specific equipment (see gar inspections for traps and cleanout tools. lean Out Form with commentary for reference. 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® W In Page 86 of 594 i Litter Collection Device Clean Out Form ID: Date: City: Worker: County: State: Company: Arrive Depart Total Time Bags Primary Debris Recyclables Ibs ft3 Trash Ibs ft3 Totals Ibs ft3 ebris Details: to Conditions: Follow-up Required - Y bservations: evice Condition Comments: A � I \tK *' Figur -1 1 er Collection Clean Out Form template w/ comments Pr i nformation the type of debris rU%cNntered. One b ource? More than usual? Ge ation of the area. Score for both u trea and downstream litter. Comparison of new litter. Particular areas that require Fol w up. Before and after site pictures. Ait"'ent information for follow up crews. Such as dangerous I ks, or or othenditions, aggressive animals or people, unstable banhazards. This is alsothe spotfor weather conditions. Do a full assessment of the device each time. Describe what needs to be repaired/modified. Outline plan to improve functionality. Provide information for leadership consideration here. What follow ups are needed? What improvements can be made? What specific equipment/resources will be need to make this hamen? Be concise. 2350 Halls Mill Rd e Mobile, AL 36606 WWW.OSPREYMORLD I f ® V in Page 87 of 594 OSPREY I N I T I AT I V E Osprey Tactical Cleanup SOP (Standard Operating Procedure) General Notes o Tactical Cleanups are site -specific focused efforts to remove litter from a selected locatio highly trained Osprey staff. In this way, a Tactical Cleanup is different from a community as d volunteer event or other cleanup activities with inexperienced personnel. ` o Tactical Cleanups include the deployment of field crew and litter abatement tools equipment at the selected site. o Collection methods may include, but are not limited to, collection from p w s, non - motorized watercrafts, all -terrain vehicles, or on foot. o Minimum of two -person crews, using the buddy system and a high I f communication between crews. o ETAP Data Cards and other recordkeeping wivncompleted i �n a with project guidelines. (See Osprey ETAP SOP and Ospre TA Field Re Guide) Site Selection o Crew leaders will assess the Tactical p loc nli`T}T{ter hot afety issues, and nvir nmconsiderationsV e n o etal o Crew leaders will utilize exist* a Maps a d document t daries and sections being addressed o Leaders will assign crew k based o i skillrt, and site conditions o Crew will source addi n I uipme eed , b s on site conditions o Crew will obsery predi o or the site d adjust plans as needed if weather hazards are projected. Required Equipment Common to All 0 0 0 0 0 0 Trash Picke 1 per crew mem MI D pare per cro ✓eral orms: 1 per crew >): several 0 r{i crew vack: 1 per crew Med Kit 0 Multi -tool Site Dependent: o Waders: 1-2 per crew o Canoe/Kayak/Pirogue: 1 per crew (if required) o PFDs: 1 per crew member o Hip Boots: 1 set per crew member 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® V in Page 88 of 594 OSPREY INITIATIVE Field Operations Crew Assembly/ Loading Equipment ICO o Crew will load trailer with all potential gear needed for litter collection during Tactical Cl Z (daily field checklist) *`0 o Trained crew members will hook up truck to equipment trailer or boat trailer. (Ref Osprey Vehicle and Trailer SOP) o First few people at shop begin loading gear in truck(s) as per daily plan o Gear and equipment will be loaded safely, utilizing team carry for oversiz eavy objects o Crew will check that all tools, supplies, and bags are secured in truck beds railers o Before departure, the crew leader will ensure that all participants ar a unted for and know the project site location, directions, and expectations while on si� Transit/ Unloading CJ o Crew will obey all traffic laws, paying sip c I attention neuver' ailers o Crew will park trucks and trailers in o ions t t interf i traffic. o Emergency hazard lights will be use i cks m st t orarily bl fic for unloading o Crew will utilize safe lifting techgq hile unl equipm n boats Pbe o Tools and equipment will be ed into a rea where tP supervised and easy to locate. � O At Site/ De to ment p y o Crew leader will Crew will gear up v3th sp ■ Hip boots are sta ■ Life jackets shki I (12) inches, 4wher o Crew will u oad canoes or I o Crew m b allniliar princip s i ude: N■ � ing for the to the water's edge. i ck (See Os Safety Check and Briefing) Persv Cofttective Equipment). ear Ar t field activities. ew member is working in a waterway without member, when the water is deeper than twelve bers are on a boat/watercraft s in approved locations of launching canoe will facilitate deployment. These spot to deploy with the least amount of carrying a canoe or vessel A gradual drop or sandy embankment that creates a shallow spot to get in, an area with little vertical drop off between the bank and the canoe. ■ One person will hold the canoe while the other is boarding. ■ Moving with three points of contact, using a paddle to brace across each side of the canoe and keeping weight in the center of the boat. Litter and Debris Collection o Collection and sorting of litter and recycling in the field will generally utilize a rope -handle tub for litter, and a slotted fish basket (Champagne) for recycling. o Osprey is currently sorting intact and partially degraded aluminum cans, and (#1) plastic bottles. 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® W in Page 89 of 594 OSPREY ■ Further sorting &in'an deMchJA �eF Yt€, type of litter (such as an excess of unbroken glass bottles), or client/project basis and will be discussed prior to Tactical Cleanup. o Tubs of litter will be dumped into 30-gallon garbage bags and sorted recycling into Osprey recycling bags. o To empty a tub or Champagne — Start with the tub or Champagne on the ground. Place the end of a garbage or recycling bag, respectively, around the lip of the tub that is facing yo over the handles of the tub. Keeping the empty bag wrapped around the lip and handNected p the tub or champagne at the lip and tilt the collected litter inside the bag. Exposur litter is minimized when using this method. ■ Orient the tub or Champagne so that the rope handles are on the ' e a litter or recycling will not be dumping out over one of the handles o Staging litter as you work: Place bags on bank during collection and crew w downstream, carrying bags of litter along the trail that was used as primary entranA walkway. o Debris is anything other than regular litter. This includes, but is n t d to, vegetation or wood. Items that are too large to fit into the 9) on trash beigh more than 5-10 pounds, should also be labeled as debris. This nclude pplian=es, large car parts, and shopping carts. o Avoid collecting broken glaseglasse ue to ri ry while g litter/bags during staging and transport. Brokees da er crew ers. g g p o Refer toOsprey Dangerous Inform 'o on how t h e sharps/needles, Hazmat, and unsanitary or ctte(diapers, pe ygiene, etc.) o Once all materials have bW��te the T leanup Data Collection Form to document weight and for both �C I`ables 4di�p�dsables. o Follow the Ospre a e u Mat P wh g hazardous items. o So long as it is saf ccord ce ith the afo entioned SOP, trash items should be drained of water/fl 'd and n reN avoid skewing weight. o Sizeable items should be the deb scwlon of the Tactical Cleanup Data Collection Form and weighed se r o Use the hanging c eigh eac n total the weights by respective category of recyclables and dis bles. o Volumes ar estimated base ount of material in a tub — plastic tubs have a full volume of 2.5 cubiSm!work �h'�tnpa t ave a full volume of 1.75 cubic feet] imuni do 06cl Line of Sight (Visual) /Verbal /Cellular - Utilize all three as overlapping tools to maintain munication. LKp Frog Collection: Utilized when the entire crew is working one bank. Team A begins at one location and works the entire section, moving towards Team B. Team B starts at a point further down the bank, and begins working away from Team A. Once Team A reaches the point where Team B started their section, Team A "jumps" past where Team B is currently working and begins a new section. o Per Bank Collection: Each team takes one side of the waterway (one team per bank). Teams may go the same direction or opposite directions, depending on resources. o Power Boat Application: Powerboats will be utilized to access areas unreachable by land and to deposit crew members on the shoreline. Powerboat operators must have their state - appropriate boater's license and should review the Osprey Power Boat Operation SOP. 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® W in Page 90 of 594 &ding OSPREY o Pick-up area, relocating out (NeUrrief4eWagneeded, based on location of escaped litter. o Crew will identify and communicate hazards: ■ When walking single -file, crew will relay a hole or possible misstep to the person(s) behind them, ■ When carrying items in front of them (limiting visibility to ground), crew members W help guide one another. ■ Crew will maintain a high level of spatial awareness and accountability betwe Only crew leaders and crew members but also crew member to crew member. ` Processing Data of Tactical Clean- Up o Crew will complete a Tactical Cleanup Data Collection Form. This docum ins: Site, location, crew, time at site, weights and cubic footage collected of recyclin d litter respectively, site conditions, and if a follow up visit will be needed. E400vill be completed using the Escaped Trash Data Card.- One crew member will record whi e,\IN two crew members sort and vocalize brands and level of degrad on. order of: (listed as multiple quantities to least), Number of intact, partial) aded, raded Hems (from intact to degraded) Crew will record weight and cubic f 2�e fitter a�cO onto tr railer. This process will be repeated for recycling` ` G Departure O o Crew will load collected li lip stagi r o extra 1Qe (trailer) using safe lifting techniques and relayi tial haza Crew will collect d i e to all ed (pa I , vests, tubs, champagnes, canoes). Notes will be made of a g or da ag equipmen Crew will safely loa canoe filer fwaterway, paying attention to any traffic or road safety issues / v Prior to departure fro e, crew ure that all items in the truck bed and trailer are properly secured Q O 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREYMORLD I f ® V in Page 91 of 594 Osprey Dangerous Materials SOP OSPREY INITIATIVE During the course of Litter Collection Device Cleanouts, Tactical Cleanups, and other field activities Osprey staff may come across materials that fall outside normal handling procedure. These items could be biohazards, illegal drugs, weapons, or general HAZMAT. This document describes the safe handling practices for each type of item. If Osprey employees encounter a dangerous item while in the field that does not fall into the categories on this list, they will proceed with "common sense" safety considerations, or contact their supervisor for guidance. Osprey will then add the item to thisdo`CA with an agreed -upon set of instructions. 7P Biohazards: Any biological or chemical substance that is dangerous to humans, animals e environment. This includes human waste, blood, urine, vomit, or animal remains. - Human Waste Fluids are often in the form of used diapers, condoms and struation products. These items may be collected using trash grabbers if appr ri e. If it is not deemed safe to move these items, they may be left in t field. - Animal Remains may include wild animals ortomistic pets. ouch animal remains unless they directly interfere with Litter Collection De operat the re ins have been touched, the crew members involvedsafely rend it glov fect their hands, and procure new gloves. ` - Human Remains should not be t movedcor`rwise mmediatel re ort the 9�G � ai�'�iQ Y p their gloves, dis Syringes are the iWa to preserve site integrity. If how they were moved and by )Ived should safely remove reTquires a prescription to obtain. s, prescription pill bottles, and drug ipeelWs drug related item. Syringes pose both an injury and i%Md select a bottle with cap from the collected trash, remove kThe Syringe should be placed inside the plastic bottle using be capped and disposed of with regular trash. Crew members If a crew member has been by a syringe, a supervisor should be informed immediately. ntities of Drugs include blocks, bricks, or large baggies. Any drug quantities of this size Knives, firearms, and any other sharp implements. Small knives and other hand held "sharps" should be managed the same way that syringes are The bottle should be capped and disposed of with regular trash. If a crew member is cut or punctured by a knife or other sharp, a supervisor should be informed immediately. - Large Sharp Items such as axes, swords, and machetes should be handled with special care taken to avoid injury. The blade or cutting edge should be wrapped in cut resistant material, such as cardboard, and secured before disposal. Additional Steps? Page 92 of 594 Osprey Dangerous Materials SOP OSPREY INITIATIVE - Firearms should be documented and reported to the police. It is important to note if the gun has been moved or altered in any way from the time it was encountered. Other HAZMAT: This may include cans of paint, jugs of petrochemicals, Freon, car batteries, fire extinguishers, and propane canisters. If crew members can safely handle these items without risk ofo contamination or injury, they may remove them from the area. HAZMAT should be disposed of i accordance with local guidelines at an approved facility. Crew members should not empty, pu or otherwise alter containers of HAZMAT chemicals. If a crew member ingests or is exposed t z rdous material, they should notify their supervisor immediately and seek medical attention. Unknown Liquids: Any bottles that contain unidentifiable liquid should be left cl Zrdisposed of with general trash. Do not attempt to open and drain bottles that contain liquids th ou cannot recognize. This includes bottles that have been used for tobacco spit, oil dis sa and urination. General Rule: When in doubt, stop the activity and c ct a supervis ther direction. G � o o � �o C:) 0 O O Page 93 of 594 Osprey ETAP Data Card Date Initials Site ID Item condition I Item Notes Item List Intact/ Un- fouled Partially Intact/ Partially Fouled Degraded/ Heavily Fouled Identifying features: Product, Language, Event, etc.) Please add more info on back of sheet z W a a Cardboard Bags Newspaper, Junk Mail and Office Paper Cups Beverage and Food Packaging Receipts 11111K- Other Paper Beverage Bottles and Containers g Food Packaging ca Other Glass Beverage Cans and Containers a LU Bottle Caps W Food Packaging Other Metal Beverage Bottles and Containers ARL Water Bottles Straws and Stirrers Bottle Caps Cups and Cup Lids Food Wrappers gChip Bags a Other Fast Food Service Items Food and Drink Pouches Other Food Packaging Bags/ Film 41 Hard Fragments Other Plastic Styrofoam Cups O Styrofoam Pieces a 0 Other Styrofoam Fast Foo s Cigarettes/Tobacco nd ac aging Entertainm s/ E tronics Fishing ar pe e ' e d Shoes 41�ersonal Hygiene Products W LU Me al Waste p Paint and Other Hazardous Bulky Items Vehicle Related Sports Equipment Illegal Dumping - Whole Bags of Trash Write in Page 94 of 594 DONALD W. BATES, JR. 90 651 Olive Ave., Fairhope, AL 36532 • 601 842 7305 don.bates@osprey.world �G J Mr. Bates has nearly 30 years of experience in the natural science field with over 20 �f management experience. EXPERIENCE APRIL 2019 TO CURRENT �j OWNER/PRESIDENT, OSPREY INITI TIQL ,C - Responsible for all aspects of evelo in anagin �Ompany. FEBRUARY 2001 TO APRIL 2019 EXECUTIVE VICE PRESIDEN MPSOICUNEERI ro Held multiple positions with ti pany. _` - Started a satellite - Rose to the cor - Ended his ar Environm I 1998 TO 2001 PROJECT GEOLOG neeri .5 neerinaFin\nLackson. MS in 2001. ivision Leader of the Geotechnical, I Assessments for a wide range of clients States. eOOLEY DENNIS and data/sample collection for a buggy mounted drill rig. VD GEOLOGIST, MISSISSIPPI OFFICE OF GEOLOGY Mapped geologic formations of Miocene age. EDUCATION B.S. GEOLOGY, MILLSAPS COLLEGE 1992 REGISTRATIONS REGISTERED PROFESSIONAL GEOLOGIST, MISSISSIPPI #132 2350 Halls Mill Rd • Mobile, AL 36606 WWW.OSPREY.WORLD I f O V in Page 95 of 594 ELINOR MALLON 2208 Old Government St. Mobile AL, 36606 • (317) 417-9872 EI lie.mal Ion@osprey.world Ellie is a current graduate student with a strong passion for conservation and using data as platf m educating others. She has five years of experience in the natural science field. EXPERIENCE JULY 2019 —PRESENT • SENIOR OPERATIONS MANAGER, OSPREY INITIATIVE - Conduct data management and analyyglorall compan s. - Built and maintained company server ro h Micro re Point. - Prepare monthly and quarterly re its or project aries, t deliverables and client inquiries. - Create various graphical rep ions sales p tions and promotional material. SEPT 2017 — JULY 2019 O AMERICORPS MEMB , OBILE ER O 9 - Performe co r h sive w esour in ions based on past water quality data, reviews ogulator i and citizen ncerns. - Researche ocal, s at eder�p�R , scientific reports, and environmental concerns for Bayke r paign —J - Managed the i ere It's ored (SWIM) initiative: conducting weekly monitoring v popul i ng sites in the Mobile Bay area, collect and test samples terial co ion and communicate findings to the public via the Swi Guide alp Assi ir*Jhe d I� of a coastal version of the EPA's Escaped Trash Assessment r o (ETAP — a o✓✓%ss involving multiple field data sheet revisions, standard ting proce changes and cross organization collaboration. EDIWTION MOBILE, AL B.S. BIOLOGY, SPRING HILL COLLEGE — 2018 Page 96 of 594 TREVOR BESSE 108 SW Central Ave. Amite, Louisiana 70422 • (985)-507-2035 • trevor.besse@osprey.world EXPERIENCE Q�Q MARCH 2O23 — PRESENT REGIONAL FIELD LEAD, OSPREY INITIATIVE - Oversee the Louisiana and Texas region operations and deli S. - Manage field technicians and ensure ty standards-i.j� y ctivities. - Coordinate with executive staff on pr kect ata, bud ald timeline metrics. FEBRUARY 2021 —JAN UARY 2023 • SENIOR PROJECT MANAGER, J P INFR TURE SOLUTIONS GROUP, LLC - Worked with Owners tup, build nd expand o itive & profitable Electrical and Instrumentati & DOT al Cons t Company. - Consulted with g & insuiV e g t1L04 a construction project bonding & insurance ap ti Consulted i FEBRUARY 2021— JAN PROJECT MANAGE for project opportunities & Close -Out processes for various lighting, traffic proficient awBelVeding/Estimating procedures, Material Acquisition,e g SC(tr Drawings b fissions, tionAccounting/Budgeting Setup & Tracking, Progress Payments, Otni Price & Lump -Sum Contract Execution, Stockpile Material Invoices, Project Layout, RFI's, Change Orders, As- Builts, Opportunity Cost -Analysis, Permitting, Building Shut -Downs, Road & Lane Closures, Traffic Logs, One Calls, Electrical Service & Account Setups, issuing & managing Subcontracts. � EDUCATION BATON ROUGE, LA B.S. CONSTRUCTION MANAGEMENT, LOUISIANA STATE UNIVERSITY— 2017 Page 97 of 594 WWW.OSPREY.WORLD I p:251-525-9727 OSPREY A INITIATIVE THE LITTER GITTER IS MORE THAN A CATCHY NAME - IT'S A DEVICE THAT'S CHANGING THE WAY WE TACKLE THE CHALLENGES POSED BY LITTER IN OUR WATERS. USE% » ICE MAINTENANCE ToOvrey team handles all aspects of device installation ktd aintenance through a rental contract with our ners. The Osprey team separates vegetative debris the litter, and recyclables are separated from other trash and disposed of accordingly. Our local field techs clean them out a minimum of twice per month and after every major rain event. DATA COLLECTION cop,,qctior aerice tnat'es 000ms The Osprey team also provides detailed data on litter waterr t�;r4ct the flow of - and debris collected. Data is collected using the EPA's into a trap. Escaped Trash Assessment Protocol (ETAP) tool, a full recommendation on how to gather, sort, and document trash collection. In delivering this data to our partners, we can help create solutions that stop litter at its source - before it ever makes it to our waterways! QUESTIONS? EMAIL INFO@OSPREY.WORLD f @ In Page 98 of 594 WWW.OSPREY.WORLD I p:251-525-9727 OSPREY INITIATIVE IN PARTNERSHIP WITH THE OIL STOP DIVISION OF AMERICAN POLLUTION CONTROL CORPORATION, Osprey is excited to announce the addition of the Litter Boom to our line of Litter Collection Devices. 0 0 TAILO IKOLUTION \ Install io of t e Litter Boom at hot spots or litter accumulation pghboom uces floating trash, giving your waterways back to the who enjoy them. comes in a wide variety of lengths, sizes, and a multitude of deployment options. Custom Litter Booms are available for purchase with or without a maintenance contract. MPOL AMERICAN POLLUTION CONT�ORPORATION ♦ rZ Assoc,/ 6 QUESTIONS? EMAIL INFO@OSPREY.WORLD f OO in Page 99 of 594 W DID ;yst to r V m AM94A."L vitteolina #9 C)cnrPv is-Yrittnri to nffPr A nPWaii itinn MA - '11 I iNITIAL EVELOPED AS THE MARINE DEBRIS INTERCEPTOR 4 (MDP), THIS PROPRIETARY DEVICE IS DESIGNED TO OFFER THE `EST SOLUTION TO CAPTURE PARKING LOT AND ROAD- Pk-%ED LITTER IN STORMWATER INLETS. The Litter Interceptor is a customizable stormwater inlet protection device that is individually fit for any inlet. The device intercepts litter greater than 2.5 inches in diameter, while allowing vegetative debris to pass through. This is the perfect device to tackle your road -side debris accumulation points and areas where debris and litter tend to accumulate following heavy rain and storm events. Ideal for urban installations where customized, non-destructive installation is needed. •,E ;c ��� `ff` ,;1, �` �� I .. ,. :�_ �. .li _car-S - . opt*, ALA s rf yixJ \7 ft Just as we do with our Littei It. s, our tea n soi 's and collects data on the items tti ollect. This `.;ps our partners determine the s jrces of litter to create plans to stop the litter at the source. Our goal is to recycle as much of the material as feasible. he Os,�rey team custom sorts our recyclables so lo,.ai recyclers can accept our materials. Materials not s, taoie for recycling are disposed of congruent with local regulations. I F, -, 001yZ115 T4w.*ft; "MAT7CLEANUPS WE L=✓E REMC'VI'.4G LITTER AND DEBRIS FROM '10111 WATEQX*,YS. NO CLEANUP IS TOO BIG OR 'MALL F"Q I HkZ OSPREY INITIATIVE TEAM TO HAWDL E: WHETHER IT'S ON THE BANKS OR IN YHE � IATER, WE CAN HANDLE IT ALL. We work with partners to clean embankments, ditches, creeks, rivers, and more of litter and other debris. Our methods range from walking in hip boots to canoes/kayaks to shallow draft mud boats to skiffs. We will customize our work plan to accommodate client requirements. We also provide safety and logistical support to community -based clean-ups. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-411 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, IT Director SUBJECT: Approve a bid waiver and an agreement with CentralSquare Technologies, LLC to provide software maintenance and support for the City's work order and asset management software. RECOMMENDATION: Staff recommends approving a bid waiver and an agreement with CentralSquare Technologies, LLC to provide software maintenance and support for the City's work order and asset management software. BACKGROUND: City Council approved a resolution on June 18, 2019, to purchase Lucity's asset management and work order software for Parks Operations, Water and Sewer, RTC, Airport, Facilities Management, and Transportation. CentralSquare is the parent company of Lucity, which they acquired in January of 2019, prior to Council approval. CentralSquare renamed Lucity to Enterprise Asset Mgmt as part of their acquisition of Lucity. As of June 7, 2021 all of the departments listed above are utilizing Enterprise Asset Mgmt to assist with the tracking and management of operations. DISCUSSION: This is a renewal for software maintenance and per state law is exempt from Arkansas procurement policy per A.C.A. § 19-11-203. Due to this staff is requesting a bid waiver to approve the attached agreement for Enterprise Asset Mgmt software to support Parks Operations, Water and Sewer, RTC, Airport, Facilities Management, and Transportation. BUDGET/STAFF IMPACT: Funds are available within the Information Technology general fund operating budget software maintenance account. The agreement is subject to a 5% annual increase. ATTACHMENTS: SRF (#3), CentralSquare Solutions and Support Agreement - Signed (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 102 of 594 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-411 Approve a bid waiver and an agreement with CentralSquare Technologies, LLC to provide software maintenance and support for the City's work order and asset management software. A RESOLUTION TO AUTHORIZE A ONE YEAR SOLUTIONS AND SUPPORT AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC. IN THE AMOUNT OF $27,595.33 TO PROVIDE SOFTWARE MAINTENANCE AND SUPPORT FOR THE CITY'S WORK ORDER AND ASSET MANAGEMENT SOFTWARE WITH AUTOMATIC RENEWALS SUBJECT TO A 5% PRICE INCREASE EACH YEAR WHEREAS, software maintenance is exempt from competitive bidding pursuant to A.C.A. § 19-11-203 (14)(AA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to sign a one year solutions and support agreement with CentralSquare Technologies, LLC in the amount of $27,595.33 to provide software maintenance and support for the City's work order and asset management software, with automatic renewals subject to a 5% price increase each year. Page 1 Page 103 of 594 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2024-411 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/31/2024 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Approve a bid waiver and an agreement with CentralSquare Technologies, LLC to provide software maintenance and support for the City's work order and asset management software. 1010.170.1710-5416.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget General Fund Fund Project Title $ 492,900.00 $ 324,475.68 168,424.32 $ 27,595.33 140,828.99 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 104 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 CentralSquare Solutions and Support Agreement This CentralSquare Solutions and Support Agreement (the "Agreement"), effective as of the latest date shown on the signature block below (the "Effective Date"), is entered into between CentralSquare Technologies, LLC with its principal place of business in Lake Mary, FL ("CentralSquare") and City of Fayetteville, AR ("Customer"), together with CentralSquare, the "Parties", and each, a "Party". WHEREAS, CentralSquare licenses and gives access to certain software applications ("Solutions") to its customers and also provides maintenance, support, migration, installation and other professional services; and WHEREAS, This Agreement and its Addenda or Amendment(s) represent the entire agreement between the Parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement; and WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional services described herein, and CentralSquare desires to grant and provide Customer license and access to such offerings as well as to provide support and maintenance, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following provisions and exhibits of this Agreement: CentralSquare Technologies, LLC City of Fayetteville 1000 Business Center Drive Lake Mary, FL 32746 113 West Mountain Street, Fayetteville, AR , 72701 Doc-g-d by: By: KNI Q. 9V kVUV, By: --- - A---- -- Print Name: Ron A. Anderson Print Name: Lioneld Jordan Print Title: chief sales Officer Print Title: Mayor Date Signed: 7/31/2024 Date Signed: Solution: Enterprise Asset Mgmt Term. Initial Term. The Initial Term of this Agreement commences as of the Effective Date and will continue in effect for one (1) year(s) from such date unless terminated earlier pursuant to any of the Agreement's express provisions (the "Initial Term"). Renewal Term. This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to any of the Agreement's provisions (a "Renewal Term" and, collectively, with the Initial Term, the "Term"). Non -Renewal. Either Party may elect to end renewal of the Agreement by issuing a notice of non -renewal, in writing, to the other Party three (3) months prior to the expiration of the Agreement term. Fees. In consideration of the rights and services granted by CentralSquare to Customer under this Agreement, Customer shall make payments to CentralSquare pursuant to the amounts and payment terms outlined in Exhibit 1 (the Solution(s) Support and Maintenance Fees). All invoices shall be billed and paid in U.S. dollars (USD) and in accordance with the terms set forth in Exhibit 1. If Customer delays an invoice payment for any reason, Customer shall promptly notify CentralSquare in writing the reasons for such delay. Unless otherwise agreed by both Parties, CentralSquare may apply any payment received to any delinquent amount outstanding. CST-2024-101876 Page 105 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 Standard Terms and Conditions 1. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below: 1.1. "Affiliate" means any other Entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Entity. 1.2. "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Solutions pursuant to this Agreement, and for whom access to the Solutions has been purchased. 1.3. "Baseline Solution" means the version of a Solution updated from time to time pursuant to CentralSquare's warranty services and maintenance, but without any other modification. 1.4. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of CentralSquare to deliver the Solutions, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by CentralSquare or through the use of third -party services. 1.5. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded, or otherwise received, directly or indirectly from Customer, an Authorized User or end -users by or through the Solutions, provided the data is not personally identifiable and not identifiable to Customer. 1.6. "Customer Systems" means the Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated by Customer or through the third -party services. 1.7. "Defect" means a material deviation between the Baseline Solution and its Documentation, for which Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare's control. Further, with regard to any custom modification, Defect means a material deviation between the custom modification and the CentralSquare generated specification and Documentation for such custom modification, and for which Defect Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare's control. 1.8. "Delivery" means 1.8.1. For on -premise Solutions, Delivery shall be when CentralSquare delivers to Customer the initial copies of the Solutions outlined in Exhibit 1 by whichever the following applies and occurs first (a) electronic delivery, by posting it on CentralSquare's network for downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a disc or other suitable media transfer method, or (c) installation, or (d) delivery of managed services server. Physical shipment is on FOB - CentralSquare's shipping point, and electronic delivery is at the time CentralSquare provides Customer with access to download the Solutions. 1.8.2. For cloud -based Solutions Delivery shall be whichever the following applies and occurs first when Authorized Users have (a) received log -in access to the Solution or any module of the Solution or (b) received access to the Solution via a URL. 1.9. "Documentation" means any manuals, instructions, or other documents or materials that CentralSquare provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Solution(s), including any aspect of its installation, configuration, integration, operation, use, support, or maintenance. 1.10. "End User Training" means the process of educating general users of the Software on the operation of the Software. 1.11. "Entity" means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other organization. 1.12. "Hardware" means any equipment, computer systems, servers, storage devices, peripherals, and any other tangible assets purchased under this Agreement. 1.13. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. 1.14. "Managed Services Hardware" means any equipment, computer systems, servers, peripherals, and any other tangible asset purchased as a subscription under this Agreement. 1.15. "Maintenance" means optimization, error correction, modifications, and Updates (defined herein) to CentralSquare Solutions to correct any known Defects and improve performance. Maintenance will be provided for each Solution, the hours and details of which are described in Exhibit 2 (Maintenance and Support) Page 106 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 1.16. "New or Major Releases" means new versions of a Baseline Solution (e.g., version 4.0, 5.0 etc.) not provided as part of Maintenance. 1.17. "Personal Information" means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located. Personal Information includes all "nonpublic personal information" as defined under the Gramm -Leach -Bliley Act, "protected health information" as defined under the Health and Insurance Portability and Accountability Act of 1996, "Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing. 1.18. "Professional Services" means configuration, installation, implementation, development work, training or consulting services including custom modification programming, support relating to custom modifications, on - site support services, assistance with data transfers, system restarts and reinstallations provided by CentralSquare. 1.19. "Project Kickoff" is a meeting to occur shortly after contract execution between CentralSquare and Customer in which goals and objectives are set forth, all parties relevant team members are identified, and scope, timelines, and milestones are reviewed. 1.20. "Reliability Period" is the time period in which the Software is tested and confirmed reliable by successfully completed fifteen (15) continuous days in a live environment with no repeatable Priority 1 or Priority 2 issues as defined in Exhibit 2, unless otherwise agreed in a statement of work. 1.21. "Software" means the software program(s) (in object code format only) identified on Exhibit 1 (Solution(s) Support and Maintenance Fees). The term "Software" excludes any Third -Party Software. 1.22. "Software Version" means the base or core version of the Solution Software that contains significant new features and significant fixes and is available to the Customer. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix. 1.23. "Solutions" means the software, Documentation, development work, CentralSquare Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided or used by CentralSquare or any Subcontractor in connection with Professional Services or Support Services rendered under this Agreement. 1.24. "Support Services" means Maintenance, Enhancements, implementation of New Releases, and general support efforts to respond to incidents reported by Customer in accordance with Exhibit 2 (Maintenance & Support) and Exhibit 7 (Managed Services Provisions), if applicable. 1.25. "Third -Party Materials" means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, related services, equipment, or components of or relating to the Solutions that are not proprietary to CentralSquare. 2. License, Access, and Title. 2.1. License Grant. For any Solution designated as a "license" on Exhibit 1, Customer is granted a perpetual (unless terminated as provided herein), nontransferable, nonexclusive right and license to use the Software for Customer's own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit 2.2. Additional software licenses purchased after the execution of this Agreement shall also be licensed in accordance with the provisions of this section. Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable license. In such event, Customer shall not be entitled to a refund of any license fees paid. Notwithstanding, Customer shall be entitled to use software at the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities, provided that the Software is installed and operated at only one physical location. The Software license granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever. 2.3. Access Grant. For any Solution designated as a "subscription" on Exhibit 1, so long as subscription fees are paid and current, (unless terminated as provided herein), Customer is granted a nontransferable, nonexclusive right to use the software for the Customer's own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit 1. Additional CentralSquare software subscriptions purchased after the execution of this Agreement shall also be accessed in accordance with the provisions of this section. Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable access. In such event, Customer shall not be entitled to a refund of any subscription fees paid. Notwithstanding, Customer shall be entitled to use software at Page 107 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities. The subscription access granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever. 2.4. Application Programming Interface "API". If the Customer has purchased any Application Programming Interface (API) license or subscription, Customer may use such API for Customer's own internal use to develop interfaces which enable interfacing with the applicable CentralSquare Software purchased herein. The development and use of such interfacing applications is specifically permitted under the use granted herein and shall not be deemed derivative works provided that they are not, in fact, derived from the CentralSquare Software or the ideas, methods of operation, processes, technology or know-how implemented therein. Other than the usage rights granted herein, Customer shall not acquire any right, title or interest in the CentralSquare Software or API by virtue of the interfacing of such applications, whether as joint owner, or otherwise. Should Customer desire to provide or share the API to a third -party, the third -party must enter into an API Access Agreement by and between the third -party and CentralSquare directly to govern the usage rights and restrictions of the applicable API. 2.5. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Solutions. 2.6. Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver, through hardware vendors, the Hardware itemized on Exhibit 1. The risk of loss or damage will pass to Customer upon the date of delivery to the Customer specified facility. Upon delivery and full satisfaction of the Hardware payment obligations, Hardware shall be deemed accepted and Customer will acquire good and clear title to Hardware. All Hardware manufacturer warranties will be passed through to Customer. CentralSquare expressly disclaims, and Customer hereby expressly waives all other Hardware warranties, express or implied, without limitation, warranties of merchantability and fitness for a particular purpose. 2.7. Managed Services Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver the Managed Services Hardware itemized on Exhibit 1. So long as the applicable subscription fees are paid and current, Customer shall maintain a limited right in possessory interest in the Managed Services Hardware. No title in the Managed Services Hardware will pass to Customer at any time or for any reason. Customer agrees to maintain adequate insurance against fire, theft, or other loss for the Managed Services Hardware full insurable value. CentralSquare shall coordinate any defect or warranty claims in accordance with Exhibit 7, if applicable. 2.8. Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Solutions, or Third -Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in the Solutions, and the Third -Party Materials are and will remain with CentralSquare and the respective rights holders. 3. Use Restrictions. Authorized Users shall not: 3.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any Entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; 3.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Solutions, in whole or in part; 3.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions other than by an Authorized User through the use of his or her own then valid access; 3.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code (any software, hardware, device, or other technology, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software firmware, hardware, system or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Solutions as intended by this Agreement; 3.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the CentralSquare Systems, or CentralSquare's provision of services to any third -party, in whole or in part; 3.6. remove, delete, alter, or obscure any trademarks, specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Documentation or Solutions, including any copy thereof; 3.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third -party, or that violates any applicable law; Page 108 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 3.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development, provision, or use of a competing software service or product or any other purpose that is to CentralSquare's detriment or commercial disadvantage or otherwise access or use the Solutions beyond the scope of the authorization granted in Section 2. 4. Audit. 4.1. CentralSquare shall have the right to audit Customer's use of the Software to monitor compliance with this Agreement. Customer shall permit CentralSquare and its directors, officers, employees, and agents to have on - site access at Customer's premises (or remote access as the case may be) during normal business hours to such systems, books, and records for the purpose of verifying license counts, access counts, and overall compliance with this Agreement. Customer shall render reasonable cooperation to CentralSquare as requested. If as a result of any audit or inspection CentralSquare substantiates a deficiency or non-compliance, or if an audit reveals that Customer has exceeded the restrictions on use, Customer shall promptly reimburse CentralSquare for all its costs and expenses incurred to conduct such audit or inspection and be required to pay for any delinquencies in compliance and prompt payment of any underpayment of Fees. 5. Customer Obligations. 5.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair all Customer Systems on or through which the Solutions are accessed or used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer Systems as is necessary for CentralSquare to perform the Support Services in accordance with the Support Standards and specifications and if required by CentralSquare, remote access in accordance with Exhibit 3 (CentralSquare Access Management Policy); and (c) provide all cooperation as CentralSquare may reasonably request to enable CentralSquare to exercise its rights and perform its obligations under this Agreement. 5.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement. 5.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section Error! Reference source not found., Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Solutions and permanently erasing from their systems and destroying any data to which any of them gained unauthorized access); and (b) notify CentralSquare of any such actual or threatened activity. 5.4. Maintaining Current Versions of CentralSquare Solutions. In accordance with Exhibit 2 (Maintenance & Support) and Exhibit 7 (Managed Services Provisions), if applicable. Customer shall install and/or use any New or Major Release within one year of being made available by CentralSquare to mitigate a performance problem, ineligibility for Support Services, or an infringement claim. 6. Professional Services. 6.1. Compliance with Customer Policies. While CentralSquare personnel are performing services at Customer's site, CentralSquare personnel will comply with Customer's reasonable procedures and site policies that are generally applicable to Customer's other suppliers providing similar services and that have been provided to CentralSquare in writing or in advance. 6.2. Contributed Material. In the process of CentralSquare's performing Professional Services, Customer may, from time to time, provide CentralSquare with designs, plans, or specifications, improvements, works or other material for inclusion in, or making modifications to, the Solutions, the Documentation or any other deliverables ("Contributed Material"). Customer grants to CentralSquare a nonexclusive, irrevocable, perpetual, transferable right, without the payment of any royalties or other compensation of any kind and without the right of attribution, for CentralSquare, CentralSquare's Affiliates and CentralSquare's licensees to make, use, sell and create derivative works of the Contributed Material. 7. Confidentiality. 7.1. Nondisclosure. The Parties agree, unless otherwise provided in this Agreement or required by law, not to use or make each other's Confidential Information available to any third party for any purpose other than as necessary to perform under this Agreement. "Confidential Information" means the Solution(s), Software, and customizations in any embodiment, and either Party's technical and business information relating to inventions or software, research and development, future product specifications, engineering processes, costs, profit or margin information, marketing and future business plans as well as any and all internal Customer and employee information, and any information exchanged by the Parties that is clearly marked with a confidential, private or proprietary legend or which, by its nature, is commonly understood to be confidential. 7.2. Exceptions. A Party's Confidential Information shall not include information that: (a) is or becomes publicly available through no act or omission of the recipient; (b) was in the recipient's lawful possession prior to the disclosure and was not obtained by the recipient either directly or indirectly from the disclosing Party; (c) is lawfully Page 109 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 disclosed to the recipient by a third party without restriction on recipient's disclosure, and where recipient was not aware that the information was the confidential information of discloser; (d) is independently developed by the recipient without violation of this Agreement; or (e) is required to be disclosed by law. 8. Security. 8.1. CentralSquare will implement commercially reasonable administrative, technical and physical safeguards designed to ensure the security and confidentiality of Customer Data, protect against any anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access or use of Customer Data. CentralSquare will review and test such safeguards on no less than an annual basis. 8.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication, non -repudiation, virus detection and eradication. 8.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall maintain agreements with such Authorized Users that adequately protect the confidentiality and Intellectual Property Rights of CentralSquare in the Solutions and Documentation and disclaim any liability or responsibility of CentralSquare with respect to such Authorized Users. 9. Personal Data. If CentralSquare processes or otherwise has access to any personal data or Personal Information on Customer's behalf when performing CentralSquare's obligations under this Agreement, then: 9.1. Customer shall be the data controller (where "data controller" means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and CentralSquare shall be a data processor (where "data processor" means an entity which processes the data only on behalf of the data controller and not for any purposes of its own); 9.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or Personal Information to CentralSquare so that CentralSquare may lawfully use, process and transfer the personal data and Personal Information in accordance with this Agreement on Customer's behalf, which may include CentralSquare processing and transferring the relevant personal data or Personal Information outside the country where Customer and the Authorized Users are located in order for CentralSquare to provide the Solutions and perform its other obligations under this Agreement; and 9.3. CentralSquare shall process personal data and information only in accordance with lawful and reasonable written instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and 9.4. CentralSquare shall take reasonable steps to ensure that its employees, agents and contractors who may have access to Personal Information are persons who need to know / access the relevant Personal Information for valid business reasons; and 9.5. each Party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and Personal Information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and Personal Information and the nature of the personal data and Personal Information being protected. If necessary, the Parties will cooperate to document these measures taken. 10. Representations and Warranties. 10.1. Intellectual Property Warranty. CentralSquare represents and warrants that (a) it is the sole and exclusive owner of (or has the right to license) the software; (b) it has full and sufficient right, title and authority to grant the rights and/or licenses granted under this Agreement; (c) the software does not contain any materials developed by a third party used by CentralSquare except pursuant to a license agreement; and (d) the software does not infringe any patent, or copyright. 10.2. Intellectual Property Remedy. In the event that any third party asserts a claim of infringement against the Customer relating to the software contained in this Agreement, CentralSquare shall indemnify and defend the Customer pursuant to section 13.1 of this Agreement. In the case of any such claim of infringement, CentralSquare shall either, at its option, (1) procure for Customer the right to continue using the software; or (2) replace or modify the software so that that it becomes non -infringing, but equivalent in functionality and performance. 10.3. Software Warranty. CentralSquare warrants to Customer that: (i) for a period of one year from the Effective Date (the "Warranty Period") the Software will substantially conform in all material respects to the specifications set forth in the Documentation, when installed, operated and used as recommended in the Documentation and in accordance with this Agreement; and (ii) at the time of delivery the Software does not contain any virus or other malicious code. 10.4. Software Remedy. If, during the Warranty Period a warranty defect is confirmed in the CentralSquare Software, CentralSquare shall, at its option, reinstall the Software or correct the Defects. Defects that occur in the Software after the Warranty Period will be corrected pursuant to Exhibit 2 (Maintenance & Support) and Exhibit 7 Page 110 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 (Managed Services Provisions), if applicable. 10.5. Services Warranty. CentralSquare warrants that the Professional Services delivered will substantially conform to the deliverables specified in the applicable statement of work and that all Professional Services will be performed in a professional and workmanlike manner consistent with industry standards for similar work. If Professional Services do not substantially conform to the deliverables, Customer shall notify CentralSquare of such non-conformance in writing, within 10 days from completion of Professional Service, and CentralSquare shall promptly repair the non -conforming deliverables. 10.6. Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE INTELLECTUAL PROPERTY, SOFTWARE, PROFESSIONAL SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD -PARTY MATERIALS ARE PROVIDED "AS -IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD -PARTY. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE'S WARRANTY UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF. 11. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by United States registered or certified mail, return receipt requested; transmitted by facsimile or email confirmed by first class mail, or sent by overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the Party may subsequently designate for its receipt of notices in writing by the other Party. If to CentralSquar CentralSquare Technologies, LLC 1000 Business Center Dr. Lake Mary, FL 32746 Phone: 407-304-3235 Attention: Legal/Contracts If to Customer: City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Phone: 479-575-8320 Email: kmacedo@fayetteville-ar.gov Attention: Keith Macedo 12. Force Maieure. Neither Party shall be responsible for failure to fulfill its obligations hereunder, or be liable for damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster, pandemic or epidemic, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the Party's reasonable control ("Excusable Delay" hereunder). In the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary to compensate for such delay. 13. Indemnification. 13.1. CentralSquare Indemnification. CentralSquare shall indemnify, defend, and hold harmless Customer from any and all Claims or liability, including attorneys' fees and costs, brought by a third party, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising solely from a wrongful or negligent act, error or omission of CentralSquare, its employees, agents, contractors, or any subcontractor as a result of CentralSquare's or any subcontractor's performance pursuant to this Agreement; however, CentralSquare shall not be required to indemnify Customer for any claims caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of Customer, or Page 111 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 its employees, agents or contractors, CentralSquare's obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault. 13.2. Customer Indemnification. To the extent allowable by law, Customer shall indemnify, defend, and hold harmless CentralSquare from any and all Claims or liability, including attorneys' fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising solely from a wrongful or negligent act, error or omission of Customer, its employees, agents, contractors, or any subcontractor as a result of Customer's or any subcontractor's performance pursuant to this Agreement; however, Customer shall not be required to indemnify CentralSquare for any Claims or actions caused to the extent of the negligence or wrongful act of CentralSquare, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of CentralSquare, or its employees, agents or contractors, Customer's obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault. 13.3. "Claim" in this Section 13 means any claim, cause of action, demand, lawsuit, dispute, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity, or otherwise. 14. Termination. 14.1. Either Party may terminate this Agreement for a material breach in accordance with this subsection. In such event, the disputing Party shall deliver written notice of its intent to terminate along with a description in reasonable detail of the problems for which the disputing Party is invoking its right to terminate and the specific requirement within this Agreement or any exhibit or schedule hereto that the disputing Party is relying upon. Following such notice, the Parties shall commence dispute resolution procedures in accordance with the dispute resolution procedure pursuant to Section 17. 14.2. CentralSquare shall have the right to terminate this Agreement based on Customer's failure to pay undisputed amounts due under this Agreement more than ninety (90) days after delivery of written notice of non-payment. 14.3. Customer shall have the right to terminate if the proper appropriation of funds for the continuation of this Agreement is not available for any fiscal year after the first fiscal year during the Term, then this Agreement may be terminated. To effect the termination of this Agreement, Customer shall, within forty-five (45) days following the beginning of the fiscal year for which the proper appropriation is not available, provide CentralSquare with written notice of the failure to obtain the proper appropriation of funds. Such notice shall be accompanied by the payment of all sums then owed CentralSquare under this Agreement, if any. 15. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement 15.1. All rights, licenses, and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of CentralSquare's Confidential Information and the Solutions, and within thirty (30) days deliver to CentralSquare, or at CentralSquare's request destroy and erase CentralSquare's Confidential Information from all systems Customer directly or indirectly controls; and 15.2. All licenses, access or subscription fees, services rendered but unpaid, and any amounts due by Customer to CentralSquare of any kind shall become immediately payable and due no later than thirty (30) days after the effective date of the termination or expiration, including anything that accrues within those thirty (30) days. 15.3. The provisions set forth in the following sections, and any other right or obligation of the Parties in this Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information, Warranty Disclaimers, Indemnifications, & Limitations of Liability), will survive any expiration or termination of this Agreement. 15.4. In the event that Customer terminates this Agreement or cancels any portions of a project (as may be set forth in a Statement of Work) prior to Go Live (which shall be defined as "first use of a Solution or module of a Solution in a production environment, unless otherwise agreed by the Parties in a statement of work"), Customer shall pay for all Professional Services actually performed by CentralSquare on a time and materials basis, regardless of the payment terms in Exhibit 1. 15.5. Return of Customer Data. If Customer requests in writing at least ten (10) days prior to the effective date of expiration or earlier termination of this Agreement, CentralSquare shall within sixty (60) days following such expiration or termination, deliver to Customer in CentralSquare's standard format the then most recent version of Customer Data maintained by CentralSquare, provided that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination. 15.6. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no longer purchasing certain Solutions (including those indicated to be Third -Party Materials), if Customer requests assistance in the transfer of Customer Data to a different vendor's applications ("Deconversion"), CentralSquare will provide reasonable assistance. CentralSquare and Customer will negotiate in good faith to establish the relative roles and responsibilities of CentralSquare and Customer in effecting Deconversion, as well as the appropriate date for completion. CentralSquare shall be entitled to receive compensation for any additional consultation, services, software, and documentation required for Deconversion on a time and materials basis at CentralSquare's then standard rates. 15.7. Termination of this Agreement shall not relieve either Party of any other obligation incurred one to the other prior to termination. Page 112 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 16. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Party without the prior written consent of the other Party, which consent will not be unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all of CentralSquare's assets, CentralSquare may assign this Agreement to an entity ready, willing and able to perform CentralSquare's executory obligations hereunder. 17. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement (each, a "Dispute"), including the breach, termination, or validity thereof, shall be resolved as follows: 17.1. Good Faith Negotiations. The Parties agree to send written notice to the other Party of any Dispute ("Dispute Notice"). After the other Party receives the Dispute Notice, the Parties agree to undertake good faith negotiations to resolve the Dispute. Each Party shall be responsible for its associated travel and other related costs. 17.2. Escalation to Mediation. If the Parties cannot resolve any Dispute through good faith negotiations, the dispute will be escalated to non -binding mediation, with the Parties acting in good faith to select a mediator and establishing the mediation process. The Parties agree the mediator's fees and expenses, and the mediator's costs incidental to the mediation, will be shared equally between the Parties. The Parties shall bear their own fees, expenses, and costs. 17.3. Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and statements made in the course of the mediation are confidential, privileged, and inadmissible for any purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non -discoverable as a result of its use in the mediation. 17.4. Litigation. If the Parties cannot resolve a Dispute through mediation, then once an impasse is declared by the mediator either Party may pursue litigation in a court of competent jurisdiction. 18. Waiver/Severability. The failure of any Party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such Party thereafter to enforce such provisions. If any provision of this Agreement is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby. 19. LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN THIS AGREEMENT TO THE CONTRARY, AND REGARDLESS OF THE NUMBER OF LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT, NEGLIGENCE, OR OTHERWISE: 19.1. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO, REPLACEMENT COSTS, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR LOSSES OF PROFIT, REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, DATA, AND REPUTATION, AND MORE GENERALLY, ANY LOSSES OF AN ECONOMIC OR FINANCIAL NATURE, REGARDLESS OF WHETHER SUCH LOSSES MAY BE DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND NATURALLY FROM THE INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND 19.2. CENTRALSQUARE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT(S) ACTUALLY PAID BY CUSTOMER TO CENTRALSQUARE HEREUNDER FOR THE LAST TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE. 20. Insurance. During the term of this Agreement, CentralSquare shall maintain insurance coverage covering its operations in accordance with Exhibit 4 (Certificate of Insurance (Evidence of Coverage)). Upon request by Customer, CentralSquare shall include Customer as an additional insured on applicable insurance policies provided under this Agreement. CentralSquare shall provide proof of current coverage during the term of this Agreement. 21. Third -Party Materials. CentralSquare may, from time to time, include third parties to perform services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare provides front-line support services for these Third -Party Materials, but these third parties assume all responsibility and liability in connection with the Third -Party Materials. CentralSquare is not authorized to make any representations or warranties that are binding upon the third -party or to engage in any other acts that are binding upon the third -party, except specifically that CentralSquare is authorized to represent third -party fees and to accept payment of such amounts from Customer on behalf of the third -party for as long as such third -party authorizes CentralSquare to do so. As a condition precedent to installing or accessing certain Third -Party Materials, Customer may be required to execute a click -through, shrink-wrap End User License Agreement ("EULA") or similar agreement provided by the Third -Party Materials provider. If mapping information is supplied with the CentralSquare Software, CentralSquare makes no representation or warranty as to the completeness or accuracy of the mapping data provided with the CentralSquare Software. The completeness or accuracy of such data is solely dependent on the information supplied by the Customer or the mapping database vendor to CentralSquare. All third -party materials are provided "as -is" and any representation or warranty concerning them is strictly between Customer and the third -party. 22. Subcontractors. CentralSquare may from time to time, in its discretion, engage third parties to perform services on its behalf including but not limited to Professional Services, Support Services, and/or provide software (each, a "Subcontractor"). CentralSquare shall be fully responsible for the acts of all subcontractors to the same extent it is Page 113 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 responsible for the acts of its own employees. 23. Entire Agreement. This Agreement, and any Exhibits specifically incorporated therein by reference, constitute the entire agreement between the Parties with respect to the subject matter. These documents supersede and merge all previous and contemporaneous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the Parties with respect to the subject hereof. 24. Amendment. Either Party may, at any time during the term, request in writing changes to this agreement. The Parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in either a CentralSquare issued add -on quote signed by Customer, or a written change order or amendment to this Agreement signed by both Parties. 25. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement. 26. Counterparts. This Agreement, and any amendments hereto, may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. The Agreement (and any amendments) shall be considered properly executed by a Party if executed by that Party and transmitted by facsimile or other electronic means, such as DocuSign, Tagged Image Format Files (TIFF), or Portable Document Format (PDF). 27. Material Adverse Change. If any law, regulation, applicable standard, process, OEM requirement is changed or comes into force after the Effective Date, including but not limited to PCI standards or Americans with Disabilities Act compliance (collectively, a "Material Adverse Change"), which is not explicitly addressed within this Agreement and results in significant extra costs for either Party in relation to the performance of this Agreement, both Parties shall promptly meet, discuss in good faith, and agree upon reducing the technical, operational, and/or commercial impact of such Material Adverse Change. 28. Cooperative Purchases. This Agreement may be used by Customer Affiliates. CentralSquare agrees to offer similar services to other Affiliates under the same terms and conditions as stated herein except that the Fees may be negotiated between CentralSquare and other Affiliates based on the specific revenue expectations, agency reimbursed costs, and other Affiliate requirements. The Customer will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such Affiliates. CentralSquare and the Affiliate will enter into any such arrangement with an amendment to this Agreement. 29. Order of Precedence. 29.1. In the event of any conflict or inconsistency between this Agreement, the Exhibits, or any purchase order, then the following priority shall prevail: 29.1.1. The main body of this Agreement and any associated amendments, statements of work, or change orders and then the attached Exhibits to this Agreement in the order in which they appear. 29.2. Customer's purchase terms and conditions or CentralSquare's sales terms and conditions are not applicable and shall have no force or effect, whether referenced in any document in relation to this Agreement. 29.3. Incorporated Exhibits to this Agreement: Exhibit 1: Solution(s) Support and Maintenance Fees Exhibit 2: Maintenance & Support Exhibit 3: CentralSquare Access Management Policy Exhibit 4: Certificate of Insurance (Evidence of Coverage) Page 114 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 EXHIBIT 1 Solution(s) Support and Maintenance Fees Product 6/ 19/2024 - 6d18/2025 6/ 19/2025 - 6/18/2026 6/ 19/2026 - 6/18/2027 6/ 19/2027 - 6/18/2028 6/ 19/2028 - 6/18/2029 6/ 19/2029 - 6/18/2030 Asset Management Ste License $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Web Citizen Ste License $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GISDesktop9teUcense $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GSWeb Ste License $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mobile Ste License $27,595.33 $28,975.10 $30,423.86 $31,945.05 $33,542.30 $35,219.42 Work Ste License $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 API Ste License $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $Z7,595.331 $n,975.101 $30,40.861 $31,M.051 $33,5Q.301 $35,219.42 Payment Terms: a. Support and Maintenance Fees are due prior to the beginning of the next Renewal Period and annually thereafter. b. Annual Subscription Fees are due prior to the beginning of the next Renewal Period and annually thereafter. c. Annual Software Maintenance Fees and Annual Subscription Fees shall increase by 5% year over year. Invoice Terms: CentralSquare shall provide an invoice for the items in the schedule above no less than thirty (30) days prior to the due date. Ancillary Fees: a. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice Customer and Customer will pay to CentralSquare all such tax amounts. b. To the extent allowable by law, if Customer fails to make any payment when due, then CentralSquare may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the highest rate permitted under applicable law; and if such failure continues for 90 days following written notice thereof, CentralSquare may suspend performance or access until past due amounts have been paid. CST-2024-101876 Page 115 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 EXHIBIT 2 Maintenance & Support This Maintenance & Support Exhibit describes support and maintenance relating to technical support that CentralSquare will provide to Customer during the Term of the Agreement. Product Updates and Releases 1.1. Software Version. "Software Version" means the base or core version of the Software that contains significant new features and significant fixes and is available to the Customer. Software Versions may occur as the Software architecture changes or as new technologies are developed. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix. All Software Versions are provided and included as part of this Agreement. 1.2. Updates. From time to time CentralSquare may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal "Update" to the Software. If Customer is receiving technical support from CentralSquare on the general release date for an Update, CentralSquare will provide the Customer with the Update and related Documentation at no extra charge. Updates for custom configurations will be agreed upon by the Parties and outlined in a Statement of Work or Change Order. 1.3. Releases. Customer shall agree to install and/or use any New or Major Release within one year of being made available by CentralSquare to avoid or mitigate a performance problem, ineligibility for Support and Maintenance Services or infringement claim. All modifications, revisions and updates to the Software shall be furnished by means of new Releases of the Software and shall be accompanied by updates to the Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary. 2. Support 2.1. CentralSquare shall provide to Customer support via toll -free phone number 833-278-7877 or via the CentralSquare Support Portal. CentralSquare shall provide to Customer, commercially reasonable efforts in solving errors reported by the Customer as well as making available an online support portal. Customer shall provide to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error. Should either Party not be able to locate the error root cause and Customer and CentralSquare agree that on -site services are necessary to diagnose or resolve the problem CentralSquare shall provide a travel estimate and estimated hours in order to diagnose the reported error. 2.2. If after traveling onsite to diagnose a reported error and such reported error did not, in fact, exist or was not attributable to a defect in the Software provided by CentralSquare or an act or omission of CentralSquare, then Customer shall pay for CentralSquare's investigation, travel, and related services in accordance with provided estimate. Customer must provide CentralSquare with such facilities, equipment and support as are reasonably necessary for CentralSquare to perform its obligations under this Exhibit, including remote access in accordance with the Remote Access Policy. 3. Online Support Portal Online support is available via https://support.centralsquare.com/s/contact-us, offering Customer the ability to resolve its own problems with access to CentralSquare's most current information. Customer will need to enter its designated username and password to gain access to the technical support areas on CentralSquare's website. CentralSquare's technical support areas allow Customer to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; and (ii) access answers to frequently asked questions (FAQ). 4. Exclusions from Technical Support Services CentralSquare shall have no support obligations to provide Support or Maintenance for Solutions that are not kept current to one version prior to the then current version of the Solution. CentralSquare shall have no support obligations with respect to any third -party hardware or software product not licensed or sold to Customer by CentralSquare ("Nonqualified Product"). Customer shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software. 5. Customer Responsibilities In connection with CentralSquare's provision of technical support as described herein, Customer acknowledges that Customer has the responsibility to do each of the following: 5.1 Provide hardware, operating system and browser software that meets technical specifications, as well as a fast, stable, high-speed connection and remote connectivity for accessing the Solution. 5.2 Maintain any applicable computer system and associated peripheral equipment in good working order in accordance with the manufacturers' specifications, and ensure that any problems reported to CentralSquare are not due to hardware malfunction; 5.3 For CentralSquare Solutions that are implemented on Customer Systems, maintain the designated Page 116 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 operating system at the latest code revision level reasonably deemed necessary by CentralSquare for proper operation of the Software; 5.4 Supply CentralSquare with access to and use of all information and facilities reasonably determined to be necessary by CentralSquare to render the technical support described herein; 5.5 Perform any test or procedures reasonably recommended by CentralSquare for the purpose of identifying and/or resolving any problems; 5.6 At all times follow routine operator procedures as specified in the Documentation or any error correction guidelines of CentralSquare posted on the CentralSquare website; 5.7 Customer shall remain solely responsible at all times for the safeguarding of Customer's proprietary, confidential, and classified information contained within Customer Systems; and 5.8 Reasonably ensure that the Customer Systems are isolated and free from viruses and malicious code that could cause harm before requesting or receiving remote support assistance. 6. Priorities and Support Response Matrix The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non -covered causes - such as hardware, network, and third -party products - are not included in this priority matrix and are outside the scope of this Exhibit. CentralSquare will make commercially reasonable efforts to respond to Software incidents for live remote based production systems using the following guidelines: Priority Issue Definition Response Time Priority 1 — The software is completely down and will not Priority 1 issues must be called in via 833-278-7877 and Urgent launch or function. will be immediately answered and managed by the first available representative. Priority 2 — A high -impact problem that disrupts the Priority 2 issues must be called in via 833-278-7877 and Critical customer's operation but there is capacity to will be immediately answered and managed by the first remain productive and maintain necessary available representative. operations. Priority 3 — A Software Error related to a user function which Priority 3 issues called in via 833-278-7877 will be Non -Critical does not negatively impact the User from the use immediately answered and managed by the first of the system. This includes system administrator available representative. unctions or restriction of user workflow but does not significantly impact their job function. Non -Critical Priority 3 issues may also be reported via Https://sul)port.centralsquare.com/s/contact-us Priority 4 — Cosmetic or documentation errors, including Priority 4 issues called in via 833-278-7877 will be Minor Customer technical questions or usability immediately answered and managed by the first questions. available representative. Minor Priority 4 issues may also be reported via Https://sul)port.centralsquare.com/s/contact-us 7. Exceptions. CentralSquare shall not be responsible for failure to carry out its Support and Maintenance obligations under this Exhibit if the failure is caused by adverse impact due to: 7.1. defectiveness of the Customer's Systems (including but not limited to environment, hardware or ancillary systems), or due to Customer corrupt, incomplete, or inaccurate data reported to the Solution, or documented defect. 7.2. denial of reasonable access to Customer's System or premises preventing CentralSquare from addressing the issue. 7.3. material changes made to the usage of the Solution by Customer where CentralSquare has not agreed to such changes in advance and in writing or the modification or alteration, in any way, by Customer or its subcontractors, of communications links necessary to the proper performance of the Solution. 7.4. a Force Majeure event (as outlined in Section 12), or the negligence, intentional acts, or omissions of Customer or its agents. 8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved. CentralSquare will make commercially reasonable efforts to resolve Software incidents for live remote based production systems using the following guidelines: Page 117 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 Priority Resolution Resolution Time Process Priority 1 — Urgent CentralSquare will provide a CentralSquare will work continuously to provide the procedural or configuration Customer with a solution that allows the Customer to workaround or a code correction resume live operations on the production system. that allows the Customer to CentralSquare will either resolve the issue or provide a resume live operations on the production System. resolution plan as soon as possible and not later than twenty-four (24) hours after notification. Priority 2 — CentralSquare will provide a CentralSquare will work continuously to provide the procedural or configuration Customer with a solution that allows the Customer to Critical workaround or a code correction resume normal operations on the production System. that allows the Customer to resume normal operations on the CentralSquare will either resolve the issue or provide a production System. resolution plan as soon as possible and not later than thirty- six (36) hours after notification. Priority 3 — Non — CentralSquare will provide a CentralSquare will work to provide the Customer with a Critical procedural or configuration resolution which may include a workaround or code workaround that allows the correction within a timeframe that takes into consideration Customer to resolve the problem. the impact of the issue on the Customer and CentralSquare's User base. Priority 3 issues have priority scheduling in a subsequent release. Priority 4 — Minor If CentralSquare determines CentralSquare will work to provide the Customer with a that a reported Minor Priority resolution which may include a workaround or code error requires a code correction in a future release of the software. Priority 4 correction, such issues will be issues have no defined resolution time. addressed in a subsequent release when applicable. 9. Non -Production Environments. CentralSquare will make commercially reasonable efforts to provide fixes to non - production environment(s). Non -production environments are not included under the response or resolution tables provided in this Exhibit. 9.1. Maintenance. All non -production environment resolution processes will follow the structure and schedules outlined above for production environments. 9.2. Incidents and service requests. Non -production environment incidents are considered priority 3 or 4, dictated by circumstances and will be prioritized and scheduled subordinate to production environment service requests. 10. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and organization of its staff in the operation of the Software. 11. Development Work. Software support and maintenance does not include development work either (i) on software not licensed from CentralSquare or (ii) development work for enhancements or features that are outside the documented functionality of the Software, except such work as may be specifically purchased and outlined in the Agreement. CentralSquare retains all intellectual property rights in development work performed and Customer may request consulting and development work from CentralSquare as a separate billable service. 12. Technology Life Expectancy. Customer understands, acknowledges and agrees that the technology upon which the Hardware, Solution and Third -Party Software is based changes rapidly. Customer further acknowledges that CentralSquare will continue to improve the functionality and features of the Solution to improve legal compliance, accuracy, functionality and usability. As a result, CentralSquare does not represent or warrant that the Hardware, Solution and/or Third -Party Software provided to Customer under this Agreement or that the Customer Systems recommended by CentralSquare will function for an indefinite period of time. Rather, CentralSquare and Customer may, from time to time, analyze the functionality of the Hardware, Solution, Third -Party Software and Customer Systems in response to changes to determine whether Customer must upgrade the same. Customer upgrades may include without limitation, the installation of a new Release, additional disk storage and memory, and workstation and/or server upgrades. Customer upgrades may also include the installation and/or removal of Third -Party Software. Customer is solely responsible for all costs associated with future resources and upgrades. Page 118 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 EXHIBIT 3 CentralSquare Access Management Policy In order to provide secure, federally compliant connections to agency systems CentralSquare Technologies ("CentralSquare") requires BeyondTrust or SecureLink as the only approved methodology of connection. BeyondTrust and Securelink provide the necessary remote access in order to service and maintain CentralSquare products while adhering to the Federal Bureau of Investigations Criminal Justice Information Services requirements. Both solutions utilize two -factor authentication Federal Information Processing Standard Publication ("FIPS") 140-2 validated cryptographic modules and AES encryption in 256-bit strengths. BeyondTrust and Securelink are addressed in turn via this Access Management Policy; Customers may choose which remote privileged access management solution will be utilized by CentralSquare. BeyondTrust The BeyondTrust remote support solution may be utilized via escorted session or a jump Customer. As for an escorted session, when an agency needs assistance from CentralSquare, the agency employee requesting assistance will receive verbal or email communication with a session key necessary to enable remote access. If a verbal key is provided, the user enters the session key after visiting https://securesupport.centralsquare.com. Jump Customers are a Windows service that can be stopped/started to facilitate a support session. Connections made via jump Customer can be active or passive. An active jump Customer is always available. A passive connection is enabled for a specific purpose and then disabled when not used. Regardless of the option selected, CentralSquare's support team will arrange a BeyondTrust session to establish the jump Customer. The jump Customer resides on the agency side on the installed device, where an agency administrator can manage. Instructions on how to enable/disable jump Customers can be provided upon request. A sample workflow of a passive jump Customer is provided below: Should an agency require support from CentralSquare, a call would be placed and/or a support ticket opened in the portal on the CentralSquare customer support website. Before accessing the agency's system and/or environment, the CentralSquare representative would send a notice of connection from the CentralSquare support portal instance. This notice can be sent to the individual at the agency that the CentralSquare representative is working with or other designated contacts as necessary. Upon receipt of the notice of connection, the agency personnel would enable the BeyondTrust jump Customer. The CentralSquare representative would then be admitted to the agency's system and/or environment to perform the necessary task. Upon completion of the task, the CentralSquare representative sends a notice of disconnection from the CentralSquare support portal instance. Upon receipt of the notice of disconnection, the agency personnel would then disable the BeyondTrust jump Customer. Securelink Similar to BeyondTrust's escorted session, Securelink may be utilized via "quick connect". To enable a quick connect session when an agency needs assistance from CentralSquare, the Agency employee requesting assistance will enter a key code in order to connect for screen sharing on a device. Similar to the jump Customer methodology, SecureLink may also be utilized via "gatekeeper". The sample workflow description for a jump Customer provided above is substantially similar to the workflow for gatekeeper. Summation BeyondTrust and Securelink allow customers the ability to monitor connectivity to the customer's network and maintain CJIS compliance while enabling CentralSquare to perform the necessary support functions. Page 119 of 594 Docusign Envelope ID: 2DOBD92D-F8F5-4D30-B9C6-1C2C692D9619 EXHIBIT 4 Certificate of Insurance (Evidence of Coverage) ACo r CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S►, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER IAARSH USA LLC. rM ALLIANCE CENTER NAME: PHONE FAX iAt Na Agnp— 35M LENOX ROAD, SUI TE 2400 ATLANTA GA 31NIX INSURER(S) AFFORDING COVERAGE NAIL • INSURER A : The Crane! Oek Fire InsurerCe CO 25615 CN1301148B7-EOC-GAWU-23-24 INSURED Centra6quere Tednroldgles, LLC 1000 Business CenbN Drive INSURE R B. Phoena Insurance Company 25623 INSURER C : Trays ers Pmparly Caswity Comowy Of A menca 25674 Lake Mary, FL 32746 NSUWR D : Travelers Casualty And Suwy Company 19038 INSURER E : AIG S~V Insurance Cornpary 26883 N61/ER F : COVERAGES CERTIFICATE NUMBER: ATL-00549WI-01 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LN R TYPE OF INSURANCE POLICY NUMBER MM�IOO� POIB4� LBIRB X COMMERCIAL GENERAL LIABILITY H-630-6S75866C-COF-23 06312023 08312024 EACHOOCuRRENCE f 1,000.000 ::AMSJLNDE OCC LR POREMISETSCE,ocanerce f IA00.000 NED EXP CAft one tern 10.000 PERSONAL A ADV MIRY f 1•000•0m GEM AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE f 2•0110•000 %( POLICY ❑ IE�CT ❑ LOC PRODUCTS -COWOPAGO f 2,0110.000 f OT/ER AUTOMOSI ELM41lITY BA46789S39.23484 0911.2023 06312024 romBINED SINGLE LIM f 1,000.000 ANY AUTO BODILY NARY (PAX parson) f OWNED SCHEDULED AUTOS ONLY AUTOS BODILY NARY(Pat aondala) f f 11RED X NON -OWNED AUTOS C"LY AUTOS ONLY f UM Lua OCCUR CUP4W1390-2313 0811IM23 083VA24 EACH OCCURRENCE 10,000.000 AGGREGATE f 10,000.000 EXCE SS LIAR SS CLMMS,MAOE CEC ' F:.E":NTIONS10FMI) If L WORNERSCOMPENSATION u1"S7&3668-23-13G 0573112023 XUL70WX AND EMPLOYERS' LIABLITY Y I N ANC"PROP4ETORFARTNER�EXECUTIVE a CFF ERMEWEREXCLUDED7 IMarWamry m NN) N A E.L. EACH ACCIDENT f I•wo•ow E.L. DISEASE - EA EMPLOYrEl f 1,000,000 r T desunesldv OEs,3RIPT ION Os OPERATIONS G 1l E.L. DISEASE - POLICY LIMIT T 1.000.000 E 01-424.27.66 09312023 Q1124 LOW 5.000,000 �E&&CyDe( 10631 SIR 1.0D0,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES IACORD 101. Addlt—al R*marks S, KGuI*. maV IIa .tnactied It —spat* Is requiroM Eodenee el lnsuraoce CERTIFICATE HOLDER CANCELLATION Cer°a6quare Te hnoiogles LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 DOO Business Center DnNe THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lake Mary, FL 32746 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE or Marsh USA LLC �s� L-t• �ifrLYa�+- 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2011Bl03) The ACORD name and logo are registered marks of ACORD Page 120 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-416 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director SUBJECT: A resolution to award RFP #24-08 and authorize a contract with Raftelis Financial Consultants, LLC for $111,858.00 for the development of a comprehensive rate study for the Recycling and Trash Collection Division, approving a budget adjustment and approving a ten percent (10%) project and contract contingency RECOMMENDATION: Approve a contract with Raftelis Financial Consultants, LLC for the development of a comprehensive cost -of - service and rates study for the Recycling and Trash Collection Division, approving a ten (10%) project contingency and approving a budget adjustment BACKGROUND: In December 2018, the Fayetteville City Council adopted the City's last Recycling and Trash Collections rate study and implemented the City's current rates. That rate study and recommended rate structure was designed to provide revenue stability for a five-year operational period. DISCUSSION: With the continued growth of the city and associated expansion of Recycling and Trash Collection Services along with increased landfill tipping fees, staff believes that an updated rate study is necessary to adequately fund the existing and future solid waste services and anticipate capital and debt service costs. The study will include an assessment of existing operations and analysis of the City of Fayetteville's Recycling and Trash Collection user characteristics, a review of the City's current collection equipment, and review of the City's current collection routes and timing. The study will make recommendations for refinements and modifications to the rate structure necessary to fund existing and future activities and necessary infrastructure investments. BUDGET/STAFF IMPACT: The study cost is $111,858 plus a 10% project contingency. Sufficient funds have been budgeted for the rate study in the Recycling and Trash Collections CIP. ATTACHMENTS: SRF (#3), BA (#4), RFP 24-08 Contract - Signed (#5), RFP 24-08, Appendix A - Scope of Work (#6), RFP 24-08, Appendix B - Raftelis Proposal (#7), RFP 24-08, Appendix C - City Issued RFP (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 121 of 594 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-416 A resolution to award RFP #24-08 and authorize a contract with Raftelis Financial Consultants, LLC for $111,858.00 for the development of a comprehensive rate study for the Recycling and Trash Collection Division, approving a budget adjustment and approving a ten percent (10%) project and contract contingency A RESOLUTION TO AUTHORIZE A CONTRACT WITH RAFTELIS FINANCIAL CONSULTANTS, LLC. PURSUANT TO RFP 24-08, IN THE AMOUNT OF $111,858.00 FOR THE DEVELOPMENT OF A COMPREHENSIVE RATE STUDY FOR THE RECYCLING AND TRASH COLLECTION DIVISION, TO APPROVE A 10% PROJECT CONTINGENCY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in December 2018, City Council adopted the City's last Recycling and Trash Collections rate study and implemented the City's current rates; and WHEREAS, that rate study and recommended rate structure was designed to provide revenue stability for a five-year operational period; and WHEREAS, with the continued growth of the city and associated expansion of Recycling and Trash Collection Services along with increased landfill tipping fees, staff believes that an updated rate study is necessary to adequately fund the existing and future solid waste services and anticipate capital and debt service costs; and WHEREAS, the study will include an assessment of existing operations and analysis of the City of Fayetteville's Recycling and Trash Collection user characteristics, a review of the City's current collection equipment, and review of the City's current collection routes and timing; and WHEREAS, the study will make recommendations for refinements and modifications to the rate structure necessary to fund existing and future activities and necessary infrastructure investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Raftelis Financial Consultants, LLC, pursuant to RFP 24-08, in the amount of $111,858.00 for the development of a comprehensive rate study for the recycling and trash collections division, and further approves a 10% project contingency. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget Page 1 Page 122 of 594 Resolution: File Number. 2024-416 adjustment, a copy of which is attached to this Resolution. Page 2 Page 123 of 594 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2024-416 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/30/2024 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Approve a contract with Raftelis Financial Consultants, LLC in the amount of $111,858.00 for the development of a comprehensive cost -of -service and rates study for the Recycling and Trash Collections Division, approving a ten (10%) project contingency and approving a budget adjustment 5500.750.5080-5314.00 Account Number 10004.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Recycling and Trash Collections Fund Solid Waste Rate Study Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 174,388.00 $ 167.99 5 174,220.01 $ 123,043.80 51,176.21 Previous Ordinance or Resolution # Approval Date: V20221130 Page 124 of 594 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 RECYCLING/TRASH COLLECTION (750) 2024 Requestor: Daryl Brigman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approve a contract with Raftelis Financial Consultants, LLC in the amount of $111,858.00 for the development of a comprehensive cost -of -service and rates study for the Recycling and Trash Collections Division, approving a ten (10%) project contingency and approving a budget adjustment COUNCIL DATE: 8/20/2024 ITEM ID#: 2024-416 Holly Black '1712024 2:30 PM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024725 Account Name 5500.750.5080-5801.00 (23,826) - 10004 1 EX Fixed Assets 5500.750.5080-5314.00 5500.750.5080-5911.99 12,640 - 11,186 - 10004 10004 1 EX 1 EX Professional Services Contingency - Capital Project I of 1 Page 125 of 594 Aft CITY OF City of Fayetteville PAYETTIVILLE RFP 24-08, Recycling and Trash Collection Rate Study ARKANSA• Contract — Between City of Fayetteville, AR and Raftelis Financial Consultants Inc. This contract executed this _25_ day of _July , 2024, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and Raftelis Financial Consultants, Inc. (RAFTELIS) of 341 N. Maitland, Suite 300, Maitland, FL 32751 in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the completion of a Recycling and Trash Collection Rate Study for the City of Fayetteville (the "Project"), as defined in the scope of work of RFP 24-08, Recycling and Trash Collection Rate Study. 2. Contract Documents: The Contract documents which comprise the contract between the City of Fayetteville and RAFTELIS consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Scope of Work & Fees b. Appendix B: City Issued Solicitation for RFP 24-08, Recycling and Trash Collection Rate Study c. Appendix C: RAFTELIS's RFP Submittal d. Appendix D: RAFTELIS's Certificate of Insurance 3. City's Responsibilities: a. The City shall make available to RAFTELIS, all relevant information or data it has pertinent to the Project which is required by RAFTELIS to perform the Services. RAFTELIS shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the City, including information and data originating with other consultants employed by the City whether such consultants are engaged at the request of RAFTELIS or otherwise. Where such information or data originates either with the City or its consultants then RAFTELIS shall not be responsible to the City for the consequences of any error or omission contained therein. b. When requested by RAFTELIS, the City may engage specialist consultants directly to perform items of work necessary to enable RAFTELIS to carry out the Services. Whether arranged by the City or RAFTELIS, these services shall be deemed to be provided under direct contracts to the City unless expressly provided otherwise. If the City chooses not to engage specialist consultants, then the Parties will work cooperatively to modify the scope of services to reflect any reductions or additions to the services to be provided by RAFTELIS. c. The City shall give prompt consideration to all documentation related to the Project prepared by RAFTELIS and whenever prompt action is necessary shall inform RAFTELIS of City's decisions in such reasonable time so as not to delay the schedule for providing the Services. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 1 of 6 Page 126 of 594 d. The City of Fayetteville's Environmental Director is the project representative with respect to the services to be performed under this Agreement. The Environmental Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. RAFTELIS's Responsibilities: a. RAFTELIS shall furnish the necessary qualified personnel to provide the Services. RAFTELIS represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, RAFTELIS will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure RAFTELIS's performance. There are no other representations or warranties expressed or implied made by RAFTELIS. In particular, but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the Services provided by RAFTELIS nor shall RAFTELIS warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors beyond RAFTELIS's reasonable control. 5. Non -Assignment: RAFTELIS shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. RAFTELIS agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but not defend, against all claims for property damage, personal injury or death, arising from RAFTELIS's performance under this contract to the extent caused by the negligence, gross negligence or willful misconduct by RAFTELIS. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville may have against RAFTELIS under this contract or arising from the performance or non- performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against RAFTELIS and not against any of RAFTELIS's City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 2 of 6 Page 127 of 594 employees, officers or directors. Neither the City of Fayetteville nor RAFTELIS shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 7. Insurance: RAFTELIS shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of RFP 24-08. If applicable, RAFTELIS shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, RAFTELIS shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. 8. Price: a. RAFTELIS shall perform the services included in this proposal for a not -to -exceed fee of $ 111,858.00 ($104,585.00 for Scope of Work in RFP and $7,000.00 allowance for travel expenses). i. RAFTELIS shall strive to make decisions based on what is best for the City. As such, the RAFTELIS compensation is structured as a not -to -exceed fee, with billing to be completed on a monthly basis until completion of project. Monthly invoice shall include a breakdown of completed tasks and/or deliverables for the previous month. b. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval utilizing the hourly billing rates located in Appendix A. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: All work as required in the Appendix A — Scope of Work shall be completed within 275 calendar days of contract approval from Fayetteville City Council. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 3 of 6 Page 128 of 594 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. RAFTELIS may retain reproduced copies of drawings and copies of other documents. b. All deliverables, whether in physical or electronic format, prepared by RAFTELIS or its subconsultant as part of the Project shall become the property of City; provided, however, that RAFTELIS shall have the unrestricted right to their use. c. RAFTELIS shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of RAFTELIS. d. RAFTELIS will grant the City, the State of Arkansas, and the United States of America a royalty - free, non- exclusive, non -assignable and irrevocable license to reproduce and use, and to authorize or ratify use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 12. Independent Contractor: RAFTELIS is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. RAFTELIS is responsible for its agents, sub -consultants, methods, and operations. 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or RAFTELIS for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay RAFTELIS for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 4 of 6 Page 129 of 594 16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. RAFTELIS's Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 19. Professional Responsibility: RAFTELIS shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 20. Permits & Licenses: RAFTELIS shall secure and maintain any and all permits and licenses required to complete this Contract. 21. Publications: Recognizing the importance of professional development on the part of RAFTELIS's employees and the importance of RAFTELIS's public relations RAFTELIS may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to RAFTELIS's services for the Project. Such publications will be provided to City of Fayetteville in draft form for City of Fayetteville's advance review. City of Fayetteville shall review such drafts promptly and provide City of Fayetteville's comments to RAFTELIS, City of Fayetteville may require deletion of proprietary data or confidential information from such publications, but otherwise City of Fayetteville will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of RAFTELIS's activities pertaining to any such publication shall be for RAFTELIS's account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and RAFTELIS and may be modified only by a duly executed written instrument signed by the City of Fayetteville and RAFTELIS In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix B shall control. 23. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 5 of 6 Page 130 of 594 control or contemplation of either party. Nothing herein relieves the City of its obligation to pay RAFTELIS for services actually rendered. 24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 25. Debarment Certification: RAFTELIS hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. RAFTELIS hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and RAFTELIS FINANCIAL CONSULTANTS, INC. by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS Bv: LIONELD JORDAN, MAYOR ATTEST By: Kara Paxton, City Clerk Date Signed: City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: Raftelis Financial Consultants, Inc. Page 6 of 6 RAFTELIS FINANCIAL CONSULTANTS, INC. By. THIERRY BOVERI, E PRESIDENT Date Signed: 7/25/24 Page 131 of 594 CONTRACT FOR PROFESSIONAL SERVICES RFP 24-08, Recycling & Trash Collection Rate Study APPENDIX A Scope of Work & Fees 1. OVERVIEW: Raftelis Financial Consultants, LLC. (Raftelis or Consultant) shall provide services in conducting a Rate Study for the City of Fayetteville's Recylcing and Trash Collection Division. The study shall include an assessment of our existing operations, to include at a minimum, an analysis of the City of Fayetteville's Recycling and Trash Collection user characteristics, a review of the City's current collection equipment, review of the City's current collection routes and timing, make recommendations for refinements and modifications to the collections system and provide feasibility level cost estimates for implementation of said recommendations. 2. SCOPE OF WORK: The study performed by Raftelis shall address the following objectives: A. Compare current recycling and trash collection service costs (operations, and capital improvement needs) against appropriate industry benchmarks. B. Recommend baseline rate structures required to guarantee the sustainability of the City's recycling and trash services and provide for collection equipment upgrade and maintenance. C. Evaluate collection of: Material by Program; 1. Curbside recyclables 2. Apartment recyclables 3. Commercial recyclables 4. Residential solid waste 5. Commercial solid waste 6. Industrial solid waste 7. Yard waste 8. Food Waste ii. Bulk item pick up program iii. Transfer station operation iv. Recycling center operation V. Hauling and disposal of all waste vi. Marketing and processing of recyclables vii. Composting program viii. Franchise fees collection and administration City of Fayetteville, AR and Raftelis Financial Consultants, LLC. APPENDIX A — SCOPE OF WORK AND FEES Page 1 of 4 Page 132 of 594 ix. Planned capital improvements X. Additional capital needs xi. Operations and administration program xii. Additional positions D. Recommendations shall also consider annual inflationary and indexed adjustments that address the overall policy direction outlined herein. E. The study is to be performed in conformance with the following policy directions: The recommended rate structures shall be based on cost of service and shall be sufficient to meet the current and future revenue requirements of the City of Fayetteville's Recycling and Trash Division. ii. The study shall recommend rate structures that consider and make provisions for the following factors: 1. Achieving the goals outlined in the Recycling and Trash Collection Master Plan adopted in February 2017 2. Current and future estimated costs to provide solid waste services in accordance with established and anticipated standards and regulations in addition to the adopted Solid Waste Reduction, Diversion, and Recycling Master Plan 3. Projected demands 4. Age and condition of fleet 5. Funding requirements for future facility and equipment upgrades 6. Changes in collection methods iii. The recommended rate structures shall provide direct identification of revenues appropriated to major funded activities and infrastructure. iv. The study shall provide at least two (2) recommended rate alternatives for solid waste servicesbased upon standard rate practice that meet the criteria outlined above. The consultant will make recommendations as to which alternative best meets the criteria. V. The benefits of any proposed modifications shall be weighed against the financial impacts on rate payers. vi. Justification of differences in proposed rate structures for different classes of customers shall be provided. vii. The recommended rate structures shall result in no decrease in stability of the revenue stream, as compared to the current structure. Consideration shall be given to funding past and future depreciation such as the necessary replacement or upgrade of facilities/equipment. viii. The recommended rate structures shall be easy to administer and understand and shall be fully compatible with the City's existing billing system. ix. The recommended rate structure shall be provided through the next five (5) years. F. In making rate structure recommendations, the final report shall explicitly include the following elements and analysis for the provided solid waste services: City of Fayetteville, AR and Raftelis Financial Consultants, LLC. APPENDIX A — SCOPE OF WORK AND FEES Page 2 of 4 Page 133 of 594 i. Current Rate Structure — Assess the current rate structure's performance as a baseline for comparing and justifying recommended changes. ii. Equity — Assess the equity of recommended rate structures for all types of property ownership and user classes. iii. Sensitivity Analysis — Assess the ability of the revenue stream generated by the recommended rate structures to continue to fully fund recycling and trash collection service costs. Include a sensitivity analysis where the long-term revenue generated under each alternative shall be illustrated when confronted with the impacts of growth or increased demand. iv. Rate Payer Education and Communication — Recommend methods for communicating utility costs, including utility bill layout and how it might be used to identify actual costs of providing recycling and trash collection services. V. Annual Enterprise Fund Balance Targets vi. Annual Target Contingency Fund Balances and Level of Liquidity vii. Budgeting Horizon and Cycle —Assess the appropriate budgeting horizon and cycle needed to support recommended rate structures. viii. Comprehensive Summary of Recommended Rate Structures — Asses the performance of each recommended rate structure over time and provide recommendations on the preferred rate structure. ix. Supporting Data — Provide data supporting conclusions and observations made for each of the areas above and cite within the study. 3. PRICING: A. Raftelis Financial Consultants, LLC. shall perform the services included in this proposal for a not -to - exceed fee of $111,858.00 (104,585.00 for Scope of Work in RFP and $7,000.00 allowance for travel expenses). RAFTELIS shall strive to make decisions based on what is best for the City. As such, the RAFTELIS compensation is structured as a not -to -exceed fee, with billing to be completed on a monthly basis until completion of project. Monthly invoice shall include a breakdown of completed tasks and/or deliverables for the previous month. B. Additional services requested that fall outside the scope of this project shall be provided on a time - and -materials basis, subject to pre -approval utilizing the hourly billing rates below (rates will increase 3% annually, if applicable): City of Fayetteville, AR and Raftelis Financial Consultants, LLC. APPENDIX A — SCOPE OF WORK AND FEES Page 3 of 4 Page 134 of 594 RAFTELIS RATES POSITION HOURLY BILLING RATE` Executive Vice President $375 Vice President S340 Senior Manager S305 Manager S270 Senior consultant S240 consultant $210 Associate S175 Technology Charge" $10 KCI RATES POSITION HOURLY BILLING RATE' Principal $245 Director S190 Senior consultant S170 4. TIMEFRAME & PROPOSED SCHEDULE: A. Any adjustments to proposed schedule shall be coordinated through City staff: TASKS I Month 1 Task 1. Project Initiation and • . Operational Assessment Task 2. Financial Model Revenue Requirements Forecast Development Task 3. Cost of Service and Rate Design Task 4. Reporting and Presentation In -person Meetings Web Meetings Deliverables Draft Report Final Report City of Fayetteville, AR and Raftelis Financial Consultants, LLC. APPENDIX A — SCOPE OF WORK AND FEES Page 4 of 4 2024 Month 3 Month 4 Month 5 1 Month 6 1 Month 7- 9 40 10 1 Page 135 of 594 CITY OF VA FAYETTEVILLE ARKANSAS RFP 24-08 Addendum 3 Raftelis Raftelis Financial Consultants �T Supplier Response GJ ej Event Information Number: Title: Type: Issue Date Deadline: Notes: Con Email RFP 24-08 Adde Recycling and T Request for P 3/17/2024 4/16/ 2 0 . The aye qualifie firms o of service/r the Citv of E 5Ilect' n �� to Study O P, Arka �Iipn?owaccepting proposals from ;es r ulr to complete a comprehensive cost r ycling and Trash Collection Division of C��y questions regarding this solicitation Jko Amanda Beilfuss, City of Fayetteville Sr. C,ilfussC@fayetteville-ar.gov or (479) 575-8220. famanda Beilfuss Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Raftelis RFP 24-08 Addendum 3 Page 136 of 594 Raftelis Information Address: 227 W. Trade Street Suite 1400 Charlotte, NC 28202 Phone: (704) 373-1199 By submitting your response, you certify that you are authorized to represent and bind your company. Thierry Boveri tboveri@raftelis.com Signature Email Submitted at 411612024 01:33:06 PM (CT) Requested Attachments RFP 24-08, Recycling and Trash Collection Rate Study elis Proposal.pdf Please attach the signed and completed RFP form, located in the 'Attachmer a along with proposal. Bid Attributes -A Z) xe) 1 Addendum Acknowledgement By selecting "I agree", you acknowledge that a read a ddendum ave been issued for this solicitation, if applicable. ❑� I agree G C rp Page 2 of 2 pages Vendor: Raftelis RFP 24-08 Addendum 3 Page 137 of 594 RAFTELIS kessler consulting inc. innovative waste solutions City of Fayetteville Recycling and Trash Collection Rate Study RFP 24-08 / APRIL 1 24 6, 2 0 "�. Page 138 of 594 R A F T E L I S /� kessler consulting inc. ` innovative waste solutions QK: April 16, 2024 Ms. Amanda Beilfuss Senior Purchasing Agent City of Fayetteville 113 W. Mountain, Room 306 Fayetteville, AR 72701 Subject: Proposal for Recycling and Trash Collection Rate Study (RFP 24-08) Dear Ms. Beilfuss: Raftelis Financial Consultants Inc. (Raftelis) and Kessler C ulting Inc. (KC�Opleased to submit this proposal to assist the City of Fayetteville (City) Department of Pubh ks' R cy and Trash Collection Division (RTC) with a Recycling and Trash Collection Rate Stud (Stu y). Th aimcf this evaluation is to recommend operational improvements to the toll s em ment ra�s that fairly recover costs while supporting the financial sustainability of the ente s nd. e that lZeraging the combined strengths of Raftelis and KCI will provide the City with theffec ' pro t team accomplish its specific study goals and further advance broader objectives such as1 's C ' to ction PI diversion goals. Established in 1993, Raftelis has gro eco t lar est wat ,®te ater, solid waste, stormwater, and electric utility rate and manage ultancy he co u it over 170 consultants. Our mission is dedicated to assisting our clients in achievin financ' viability to help e re success in their mission and objectives. We are dedicated to staying at the forefront of ' tr�ndsgn t practices through our belief in continual learning and contribution within industry trade org 'z ions sucholid Waste Association of North America (SWANA). With a track record of assisting o 1tili �:S' wide, our approach is grounded in extensive experience and a deep understanding of t challe ng municipal services. Founded in 1988 with s le focus o e g innovative, sustainable solid waste, recycling, and organic management soluti improve our vironment, KCI brings extensive experience in strategic planning and optimization for aste collection operations. With significant local and regional institutional knowledge, KCI has led or parti n several studies, including the City's Solid Waste Reduction, Diversion, and Recycling Master Plan, as well as th oston Mountain and Benton County Solid Waste District (BMSWD) Northwest Arkansas Regional Waste Reduction & Recycling Master Plan. To ensure the City's needs are met with the utmost expertise, our project team leaders will include Mr. Thierry Boveri, Vice President with Raftelis, serving as the Project Manager with approximately 20 years of expertise in solid waste cost -of -service engagements and Mitch Kessler as the collection operational assessment lead with approximately 39 years of solid waste consulting experience. Raftelis and KCI have a successful past track record of effective collaboration and teamwork through overlapping engagements including several financial and planning engagements including: Hillsborough County Florida, Manatee County Florida, Sarasota County Florida, Fort Pierce Utility Authority Florida, and Oakland Park Florida. 341 North Maitland Ave, Suite 300, Maitland FI. 32751 www.raftells.com Page 139 of 594 Following this letter, we have attached our proposal which documents our respective firm profiles, project team, qualifications and references, and project approach. We are proud of the resources that we can offer to the City of Fayetteville, and we hope for the opportunity to be of assistance on this engagement. Sincerely, Thierry Boveri, CGFM Vice President P: 407.628.2600 E: tboveri@raftelis.com o o G � o D� �o 341 North Maitland Ave, Suite 300, Maitland FI. 32751 www.raftells.com Page 140 of 594 DEW Table of Ra(FTELeS Contents Diversity and inclusion are an integral part of Raftelis' core values. Firm Overview .......................................... 1 We are committed to doing our part to fight Industry Knowledge . 5 prejudice, racism, and discrimination by becoming more informed, disengaging with Project Approach . . 6 business partners that do not share this """" commitment, and encouraging our employees to use their skills to work toward Experience ................... ..................... 14 a more just society that has no barriers to opportunity. Project Personnel(' ........................... 22 Time.........0...................................33 roo ......... ......................... 34 REGISTERED IIIMUNICIPAL epti""""' ..............................36 ADVISOR Ap Raftelis is registered x: R d Forms .................. 37 Owith the U.S. Securities and Exchange Commission (SEC) and the Municipal Securitie, Rulemaking Board O (MSRB) as a Municipal Advisor. Registration as a Municipal Advisor is requirement under the Dodd -Fr all Street Reform and Con sum tion Act. All firms that provide a �al ecasts that include assumpti b the size, timing, and terms fo future debt issues, as well as debt uance support services for specific proposed bond issues, including bond feasibility studies and coverage forecasts, must be registered with the SEC and MSRB to legally provide financial opinions and advice. Raftelis' registration as a Municipal Advisor means our clients can be confident that Raftelis is fully qualified and capable of providing financial advice related to all aspects of financial planning in compliance with the applicable regulations of the SEC and the MSRB. Page 141 of 594 RAFTELIS FIRM OVERVIEW Who is Raftelis HELPING LOCAL GOVERNMENTS AND UTILITIES THRIVE Local government and utility leaders partner with Raftelis to transform their organizations by enhancing performance, planning for the future, identifying top talent, improving their financial condition, and telling their story. We've helped more than 700 organizations in the last year alone. General Information Firm Name: Raftelis Financial Consultants, Inc. (DBA Raftelis) Address of Firm: 341 N. Maitland Ave, Maitland FI. 327 Years in Business: 31 years Other Names: Raftelis is a subchapter S-Corpoorpo t e stat orth Carolina on April 23, 2004. The predecessor to Raftelis, Raftelis Envi ntal n Grou as established on May 10, 1993 by George A. Raftelis to provide financ' ma em t consul ' rvices of the highest quality to public -sector clients. In 1999, the firm's n as cha ged o Rafteli cial Consulting, PA. Following the sale of a portion of the firm to a group oye n 22,20 t e firm's name changed to Raftelis Financial Consultants, Inc., which r the ' 's I al namNfur ©e c rently do business as Raftelis. Current Insurance: Please se owinga for insurance covers e. P9 OUR SUBCONSULTANT Kessler C ul , Inc. Kessler Consulting, ., CI) is a nat a eader in solid waste management planning and program implementation. xperience developing strategic, practical, and sustainable programs and recommendations from operation s across the United States is unparalleled. Throughout our 36-year history, KCI has worked on over 1,000 pro is for more than 350 clients in 37 states and 10 countries. With their corporate office in Florida, and satellite offices in North Carolina, Maine, Pennsylvania and Puerto Rico, KCI has helped clients remain on the leading edge of solid waste collection, recycling, composting, waste reduction, and environmental stewardship. KCI is committed to developing environmentally sound and economically viable solutions for our clients that include innovative and realistic solid waste management strategies and technologies. Their results -oriented service has solidified KCI's position as a top solid waste planning and management consulting firm in the Southeastern United States and nationally. Page 142 of 594 RAFTELIS Client#: 1722483 ACORDT,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY) 1111/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s►. PRODUCER CONTACT NAME: Brad Christensen USI Insurance Svcs, Charlotte PHONE FAX 6100 Fairview Road Ste 1400 A1C No Ext : AIC No E-MAIL brad.christensen@usi.com ADDRESS: Charlotte, NC 28210 800 868-8834 INSURER(S) AFFORDING COVERAG NAIC* INSURER A: National Fire Insurance Co. of H f rd 20478 INSURED INSURER B : Continental Insurance COmpa-y 35289 Raftelis Financial Consultants, Inc. INSURER C : American Casualty Company o e g 20427 227 West Trade Street, Ste. 1400 Beazle Insurance Com INSURER D : Y Comp X, 37540 NC 28202 Travelers Casualt Amer INSURER E : Y 31194 INSURER F: Continental Cas Ity y 20443 COVERAGES CERTIFICATE NUMBER: AIM RV/ISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVr BEEN ISSUED TO THE SUR AMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY NTRACT OR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B POLICIE4 DESCR ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY VE B N REDUCED BY CLAIM ILTR TYPE OF INSURANCE NSRLSUBR VWD POLI ER POLICY EFF (MMIDC YEFF P CY EXP (MMlDC YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6076000011 1 /21 /2024 01/211202 $1,000,000 CLAIMS -MADE � OCCUR �� _ / EE TCURR�RENCE ypG�z! 1•I�I ISESOE. occcurr°nce $500,000 IED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $1,000,000 O GEN'L AGGREGATE LIMIT APPLIES PER: ❑ PROJECT LOC - POLICY GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER. F AUTOMOBILE LIABILITY 607 442M 011211202 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJJRY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPER TY DAMAGE Per accident $ X AUTOS ONLY X NON -OWNED AUTOS ONLY B X UMBRELLA LIAB XF0,,U,6076000 1f21f2024 01/21/202 EACH OCCURRENCE $5 00O 000 EXCESS LIAB MADE , AGGREGATE $5,000,000 DED X RETENTION $1 OOOO $ it `+ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE / OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) 1A WC6 C 042 lf2lf2024 lf2lf2024 0112112025 01/21/202 X PER OTH- STATUTE FIR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1 000000 If yes, describe under DESCRIPTION OF OPER N E.L. DISEASE -POLICY LIMIT $1,000,000 D Cyber 14D5240201 1f21f2024 0112112025 $5,000,000 Limit E Crime 107207373 1f21f2024 011211202 $1,000,000 Limit F Professio I 652071235 1f21f2024 0112112025 $5,000,000 Limit DESCRIPTION OF OPE ONS 1LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate Holder is included as an Additional Insured with respect to General Liability, Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured is on a Primary and Non -Contributory basis for General Liability, Automobile and Umbrella if required by written contract. Waiver of Subrogation applies to General Liability, Automobile, Workers Compensation and Umbrella policies in favor of the above listed Additional Insured per written contract. A 30 day notice of (See Attached Descriptions) To Whom it May Concern SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V` o.—L q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S43320554IM43288916 SG SZR Page 143 of 594 RAFTELIS We believe that Raftelis is the right fit for this project. We provide several key factors that will benefit Palo Alto and help to make this project a success. RESOURCES & EXPERTISE: This project will require the resources necessary to effectively staff the project and the skillsets to complete all of the required components. With more than 170 consultants, Raftelis has the largest utility -industry financial and management consulting practice in the nation, including many of the industry's leading rate consultants and experts in key related areas, like stakeholder engagement and data analytics. Our depth of resources will allow us to provide the City with the technical expertise necessary to meet your objectives. DEFENSIBLE RECOMMENDATIONS: When your elected officials and customers are considering the validity of recommended changes, they want to be confident that they were developed by experts ing the latest industry standard methodology. Our staff are involved in shaping industry standards b as a board of director and chairing committees within the Solid Waste Association of North Amen authoring many industry -standard books regarding utility finance and rate setting. Being so activel ' o ed in the industry will AM allow us to keep the City informed of emerging trends and issues and to be co 1 at our recommendations are insightful and founded on sound industry principles. In ad ' ' n, with Raftelis tration as a Municipal Advisor, you can be confident that we are fully qualified and capab oviding cial advice related to all aspects of utility financial planning in compliance with federal re atio s. HISTORY OF SIMILAR SUCCESSES: An ext rack c past s' �rvork will help to avoid potential pitfalls on this project and provide -h to 'ng it ac finish line. Raftelis staff has assisted 1,000+ utilities throughout the U.S nan i an rate cons ervices with wide-ranging needs and objectives. Our extensive experience wil s to vi novati n insightful recommendations to Palo Alto and will provide validation for ose ho logy e in t t industry best practices are incorporated. USER-V01FNDLY MODELINt' mod tQVl thaat r st ff can use for scenario analysis and financial f. planning now and into the future wil or t' ing forward. Raftelis has developed some of the most sophisticated yet user-friendly fin ci L mode 'd�lNble in the industry. Our models are tools that allow us to examine different policy optio a ost allo d their financial/customer impacts in real time. We offer model options including Mic s xcel-ba web -based tools that are developed with the expectation that they will be used by the i t as Tina ing tool long after the project is complete. RATES THAT AF For th tudy to be a success, rates must be successfully approved and implemented. e t most comprehensive rate study is of little use if the recommendations are not approved and implements Ra elis has assisted numerous agencies with getting proposed rates successfully adopted. We focus on effectively communicating with elected officials about the financial consequences and rationale behind recommendations to ensure stakeholder buy -in and successful rate adoption. Page 144 of 594 RAFTELIS OUR TEAM INCLUDES 170+ How we stack up consultants focused on finance/management/communic i technology for th blic sector chairs members ' & 16 AWW W sty f' a and Sip mayilage ent ittees and a Past Pre: of A ANA Board of Di ci RAFTELIS HAS PRO IDED STANCE FOR public agencies and utilities that serve more than 2 of the Q U.S. population in the past year alone, we worked on including the agencies serving of the nation's 50 largest cities projects agencies states v300+ for 700+in 47 Page 145 of 594 RAFTELIS 5 INDUSTRY KNOWLEDGE Knowledge of Applicable Regulations and Local Conditions Our proposed project team and in particular, KCI, will bring to bear their extensive knowledge of local conditions. As previously noted, KCI prepared the City's 2016 solid waste master plan which required, among other things, developing a thorough understanding of the local regulatory environment and understanding of key challenges facing the City and region such as the need to improve on landfill diversion goals And recycling processing infrastructure. KCI also played a critical role in developing the Northwest Ark as Tonal Waste Reduction & Recyling Master Plan on behalf of the Boston Mountain Region and Bento y olid Waste District (BMSWD). KCI completed a Recycling and Transfer Facility Assessment, Conceptual s nd Cost Estimate for the City and continues to provide on -call support. Additionally, KCI has been re t j BMSWD to perform an Operations Analysis and Waste Characterization Study fo egion, which w' clude characterization of the City's MSW. Please reference KCI project experience for rffVetail oreng these engagements. All together, KCI's extensive and ongoing work PI an r ovide alleled knowledge and understanding that will help ensure insightful anal rec ions tci ide the City to achieving its service delivery, waste diversion, and climate oals ' a ncially sy,�� �,`ble and equitable manner. V (V� O Page 146 of 594 RAFTELIS PROJECT APPROACH Project Understanding The City of Fayetteville is seeking proposals to perform a Recycling and Trash Collection Rate Study that will include an evaluation of the current collection operations. The primary aim of this evaluation is to recommend operational improvements to the collection system and implement rates that fairly recover costs while supporting the financial sustainability of the enterprise fund. A key area of focus will be to evaluate potential changes or enhancements to the City's collection operations in order to support the broader objectives and recommendations as adopted in the 2017 Master Plan and 2018 Climate Action Plan. Project Approach ��. Our project approach is structured around two 2 rima el activities wide erformance of an operational p J pp ()p rS' p p assessment of the collection system and the development oNV(10) a ncial and cost -of -service model. Ultimately, the product of this work effort will resul�i hat can be 11� as a\ini masterplan" through the evaluation of three (3) overall system options inclu the c-,; tinua n ofths quo" assuming the current collection operations and service levels are man e , and b) d�Vo (2) p collection system alternatives that we would develop with staff input that co mor seXround ng the City's past master plan, waste diversion, and Climate Action Plan �� The collection system assessment w' b pri CI A e a review of the collection equipment, route requirements, and develop Tanning el cost ti A of alternatives selected in consultation with the City that will ultimately form e basi the operational a ssment recommendations. The assessment will include field visits and collection syste - ng t orm collection system recommendations. As part of the operational assessment, we have in d allow r the evaluation of up to three (3) options and planning level cost estimates for operations Xcons ding th �i operations or "status quo" and two (2) collection system operations alternatives. This tid urrent and fixture collection system needs of the City and explore how changes to c ecti pera ' n rther advance the City's objectives towards increased diversion. The financial mode t-of-service e rts will be primarily led by Raftelis and include the development of a dynamic decisio p rt model of the City's collection operations to facilitate working sessions with City / RTC staff. The mode ve the capability of adjusting the number of customers by class and service, waste generation, waste version, collection routes, labor and vehicle requirements, among other factors, to support decision making around the benefits and costs related to each of the up to 3 operational scenarios under consideration. The model will allow for sensitivity testing of each option with the corresponding effects on the City's financial condition (e.g., cashflows and reserve balances) and rates. Our work efforts will culminate in the development of a detailed report documenting the study approach, key assumptions, findings, and recommendations. Once staff has reviewed the draft report, the project team will then present the study findings and recommendations to key stakeholders, including the Mayor and City Council. Council input will be considered and incorporated into the final report and recommendations. Page 147 of 594 RAFTELIS Task 1: Project Initiation and Operational Assessment This task relates to project management, data collection, and operational assessment. The task will be initiated with a virtual meeting to broadly discuss the project objective and address project management protocols. This will lead into an on -site workshop with staff to better identify the key issues and areas of concern for the study. The on -site workshop will be performed concurrent with the necessary field work to support the operational assessment. The work effort will conclude with a virtual presentation of key findings and recommendations, as well as outline the options or scenarios that will be evaluated in development of the feasibility level cost estimation and financial plan formulation. Task 1.1: Preliminary Virtual Kick-off Meeting A productive kick-off meeting is the most effective way to begin a project of this nature. 'o the kick-off meeting, we will submit a data request with the information needed to complete the s ' will include financial information, operational data, billing data, key agreements for serviced 'ce schedules, existing rate models and studies, etc. We have proposed a virtual kick-off meeting and the this meeting include: • Providing a forum to finalize the work plan and scokwith City staff • Establish the cadence for periodic study check -ins amvmary f contact • Confirm the study goals, objectives, and dinglit th City s �+ • Discuss and review the data needs for the • Discuss an general areas of concern or ' ��elated to e studYgY • Discuss any rate design goals and o e (e.g. evi w or enhan� T structure) • Discuss and formalize field wor ry f he rmanc e operational assessment DELIVERABLES: O • Data request and kick-o e 1 a enda MEETINGS: ` • Meeting 1 — Virtual proje kiceetin Task 1.2: On -site Work h This task will be perfo one rren sk 1.3. The workshop purpose of the workshop will be to facilitate open dialogue with f concernin e key collection system issues and potential operational changes that the project team will e as part of our evaluation. This workshop will include: • Backgr perating environment overview of RTC operations • Discussion f the current challenges and opportunities • Specific areas of focus for the operational study • Final coordination of on -site field work as needed DELIVERABLE' • Workshop agenda MEETINGS: • Meeting 2 — On -site Workshop Page 148 of 594 RAFTELIS Task 1.3: Conduct Operational Assessment KCI will conduct a three-day on -site assessment of City -provided collection operations, which we anticipate will include the following activities: • Conduct field -level observations, ride -a -longs on selected collection routes, targeted audits of route performance (e.g., time and motion data on segments of selected routes), and interviews with collection and management staff. This work will cover all City collection services by customer and service class (e.g., residential, multi -family, and commercial) and material types )e.g., recyclables, yard waste, food waste, solid waste, and bulk items). • Review routes for length, efficiency, and impacts on overall operations. • Organizational chart, administrative staff responsibilities, collection staff service mute assignments, and labor hour reports. • Vehicle inspection procedures, maintenance and repair services, and agin a cement schedule. • Assess current on -board and information technology for tracking colle tions, customer service verification, vehicle performance, and safety as well as responding to 1 and dispatch requests. • Discuss with staff the findings from recently condulpo cility ass nen s and perform additional, targeted work as required to support this project. • Review procedures for handling on -call se essive v , and co olations. • Identify program components and options uld e ower prove service delivery, optimize collection routes, improve opq 1 effi 'enc nd prod, and/or increase materials recovery rates related to existing serrlge • Identify potential tools and perfc At the conclusion of this work e ` route size, recycling set out rate, 1;ps p r benchmark the City's services agai st indi that impact City's service 1 develop a summary of key participate in a virtual meetin itff to di; be evaluated in development t e easibilit�l DELIVERABLES: • Three-day o it ssessment • Key Find* emorandum MEETINGS: met,�i to st in me ur g improvement progress. d o e nOce metrics for each collection service e. . Yp � ( g, ton per wor hour, fleet replacement, and others) and ltiltidarfls ^Lranges. KCI will also identify unique local conditions a for the benchmarking comparisons. KCI will lations for consideration. Raftelis and KCI will and finalize the collection method options that will cost estimation and financial plan formulation. Meeting 3 — Virtual Meeting to Discuss Key Findings with Staff Task 2: Financial Model Revenue Requirements Forecast Development Task 2.1: Historical and Forecasted Customer/Tonnage and Route Statistics The project team will evaluate and analyze a minimum of three to five years of historical solid waste user characteristics including billing data, waste deliveries by customer class, type, and quantity (weight or volume), and routing operational data (# of vehicles, pickups per route day, etc.). Based on the analysis of historical trends, Raftelis will develop a multi -year forecast comprising up to ten years (Forecast Period) of customer, waste generation, and routing statistics which will be used to forecast operating revenues and expenses of the Fund. Page 149 of 594 RAFTELIS This task will include recognition of growth from new development as identified by City staff to aid in identifying customer and rate impacts as part of future tasks. Task 2.2: Preparation and Validation of the Revenue Forecast Utilizing projections from Task 2.1, Raftelis will develop revenue projections under existing rates. This task will include a revenue test to validate the revenue model by comparing calculated revenues for the most recently completed historical year relative to audited and reported revenues. This task will include recognition of incremental revenues from new development as identified by City staff. Task 2.3: Operating Expense Forecast and Allocation by Service Raftelis will summarize and analyze three to five years of historical operating expense Nt enter function and by line item within each cost center. The historical evaluation will be used to ide r ds in expenses. The current operating expense budget will serve as the baseline for the forecast an adjusted based on historical trends as would be discussed and confirmed with staff. GeyvVly, the projectio o perating expenses will be escalated from the base year recognizing: i) historical tren s ch costsdexing provisions related to contract operations (if applicable); iii) assumed escalation in cost base on the vers ch as number of customers, collection routes, waste generation and/or other f6tINTs,;,d iv) c anges erations (e.g., additional ersonnel new contract new services, chan es in p g We understand that the City's operations c ge o evolve over time due to changes in avast tion G D n eratin Expense Forecast diversion associated with implement the s O ost of Service Relationship waste diversion goals. We woul develo ' g a series of supporting work papers a equ y forec st / and model costs based on the key yna AhshiQ among your operations and the servic eq ments ✓ Customer Operational your customers. For example, ch a ern utin Service Needs Requirements operations requires the ability le expec (collection, (# routes, staffing, vehicle, maintenance, and fue r rements t 's wa processing/ contract needs, Y d i sposal,etc.) etc.)tc.) as we revise assumptioRdision, olle tion ce requirements or was we ca re the proportional and ponding change in projected operating expe typically try and model all key dynamic relations ' s, as well as attempt to factor other incremental changes in costs. Ultimately our goal is to develop a digital financial twin of your solid waste operations, which we believe adds value through the insights garnered from understanding the dynamic relationship of customer needs, operational requirements, and cost of service. Once the costs are forecasts and if not already allocated by the City through the budget process, Raftelis will work with staff to assign costs among the various programs or services of RTC using industry -accepted cost allocation practices. Page 150 of 594 RAFTELIS 10 The following services identified pursuant to the RFP and the past rate study will serve as the minimum basis of cost allocation: Collection Automated Refuse Curbside Recycling Commercial Recycling Bulky Collection Food Waste Pilot Commercial Container Refuse Apartment Recycling Curbside Yard Waste Dro box Collection Glass Pilot Recycling Drop -Off Facilities / Disposal Transfer Station Recycling Processing Facility Compost Facilitv _ Task 2.4: Development of the Capital Iml If the City does not already have a forecast of capital City's applicable fleet and fixed asset records by age, evaluation of the near -term capital needs. We will equipment needs. The evaluation will consider po ent and Equi}ef iInt Program ystem wM work with City staff to review the iti �ailab e) to support a desktop ovep a for of the associated capital and Q e ationsA, �w capital as well as previously identified capital needs pursuant to City -adopt al pl n. W%will revie%kity's capital improvement plans to understand projects scopes, budgets, and eets. e wi discuss th r ects with staff to understand details, confidence in project budgets, risk identified , an r ' s will ac ev the desired outcomes. We will then allocate expenditures b service or program e, id i the e din funding sources for each project or p Y P Yp fY g g p J capital expenditure. This task will include feasibility le el costales as demeloned by KCI for the 3 collection system operations under consideration. Task 2.5: Other Revenirem Recommended Reserve Targets This task involves identifying: i) debtse capital lease requirements (if applicable) and compliance requirements (e.g., loa g eme is/d t coverage); ii) required deposits for maintaining reserve targets and future capital fundi and in) oth funding requirements associated maintaining minimum financial performance metes. Raftelis will workWith staff to identify and recommend minimum cash reserve balances to meet the objectives of the City, which may include consideration for operating reserves, long-term liabilities, force majeure events, and/or unexpected capital needs. Our recommendations will be based on a review of the City's solid waste cashflow requirements, Government Finance Officers Association (GFOA) guidance, and credit rating agency guidelines, and other best practices. Our reserve recommendations generally tie to a purpose and a basis for a minimum reserve requirement, accounting for at a minimum operating or working capital reserves, capital reserves, debt service, and potentially other reserve requirements. We will develop these recommendations based on discussions and input with City staff. Page 151 of 594 RAFTELIS 11 Task 2.6: Determination of Revenue Sufficiency We will develop an "optimal" revenue requirement financial plan balancing a mix of cash funding and debt financing capital projects (if applicable) while meeting reserve targets and debt service coverage requirements while maintaining conservative debt capacity levels and minimizing revenue increases. This balance is subject to the Financial Planning Process Financial Data • Rate revenue projections • Other income • OpEx/CapEx Budget Assumptions • Customer growth • OpEx inflation • CapEx inflation • Changes in usage patterns Financial Policies • Operating reserve • Capital reserve • Debt service coverage • Other fiscal policies Financial Plan Forecast • Rate revenue • Other operating revenue • Operating expenses • Capital expenditures • Existing debt service • Transfers constraints of meeting the City's target se debt. We will calculate annual rate r e illustrates the requirements nee ld a Apply Constraints • Reserve targets • Debt service coverage requirements • Funding options Al Eq aStag g pcqservWImL, nents�\ Financial Plan C* 1 Financial Plan C* 2 Financial Plan Alternative 3 rage requirements on any proposed study period. The graphic below ` 0*� . DELIVERABLES: �'0 O • 10-year forecast of revenu creme recasted incremental changes, reserves analysis, and financial plan alterna ' task w de development of a management dashboard. • Feasibility level c esti es MEETINGS: • Three (^ Meetings 4 — 6: To review and discuss key assumptions and findings in the formulation of the prof r venue requirements of the system. Page 152 of 594 RAFTELIS 12 As part of Task 2.6 and if not already developed within the City's current financial model, Raftelis will develop a customized financial model that incorporates a dashboard to allow you to easily run scenarios and see the impacts in real time. Shown here is a sample dashboard that we developed for another project. Customer Growth Rate SAW% I SAD% Opt Prior Year Plan 1 OAO% 4A0% Updated Plan Option - Front Loac 2 0A0% 4A0% Updated Plan Option -3yr Phase 3 OA(y% 4A0% Revenue Adjustments - All Custo 3 OAO% 4A0% Effective Month hiY h* 95 Gallon Residential $26.29 $27.34 35 Gallon Residential $21.36 $2221 1) Projected Revenue Requirements $16 2 $14 i $12 $10 56 $6 S4 S2 So FY M21 FY20M FY 2023 FY MMFY 20M FY MX FYM27 FY WH FY W0 FY W30 �O&M Expanses —Debt Servie —Rate Funded ClP Dwcsasto Reserves —Currem Remw. ..... Proposed Revenue 4) Projected Operating Expenses 516 ow w 5 2w $]2.4]g 13,3)1 5]0,]fi9 c 514,000 S. 9. S $12,000 $foam 511,179 $11,317511,910 510,000 � $B4ODO Kopp $2,000 I I So PY FY PY FY FY FY FY FY FY FY M21 MM 20M 2D24 MM MX M27 M28 MM 2030 ■Cm_Reh.e •Yard Waste •Admnistracb./l.domect Dwvnmwn Ctlkukras Recytling •Buk/me[al Cdkuions 1.00% 1.00% I LOO.- 1.00% 4.00% 3.00% 2.00% 21D0% 10.00% 3.00% 2.25% 225% 6.00% 5.00% 425% 225% $2828 $30.43 $31.72 $32.43 $23.54 $24.72 $25.77 $26.35 2) Unassigned Fund Balance Target 59 .2 S' f � $6 $s 54 53 $2 $1 50 kwiiiil "Mn FY M22 FY W23 FY 2024"M25 FY 2026 FY 2027 FY MW FY M3 FY 2030 �Unastig-d Fwd Balanw jpVrw TW6--2D% 5) Monthly Residential ion ee Survey City of W knngtm 9s Gallon $24 City& W kningtm 35 Gallm $2136 Survey Av W.JN.Sr sidy) $ Mynk Beach, sC AtnansCkdce Caunty,GA Wdghaville Bexh, NC $24 Carolina Beach, NC 50 Fayuterik,N Cm 00 H'Rh 6 51 . b k, W $16.00 � 4 man s1Dor 5 D S2n4D sz5m 53a�s35a� SAD% I I.M I 1A0% I 1.M 2AD% 2100% 2AO% 2A0% 225% 2.25% 2.25% 225% 225% 225% 2.25% 225% $33.16 $33.91 $34.67 $35.45 $2624 $27.55 $28.17 $28.80 3) Projected Monthly Customer Statistics 40,000 35,O0002MM�XNHMn 3Q000 25,000 1gooDI I I 1%000 10,000 5,000 FY 20ffi FY 2027FY 2028f(2029 FY 2l: Residanda195 •Residenual3$ •NomResdeme195 Non-Redderskl 35. CBD Res /Corn ► 6) Projected Annual Waste Generation ao 0,000 40,000 30oo0 20,0 FY a121 FY X122 FY 2D23 FY T1124 FY 2025 FY 2D26 FY 202] FY 20ffi FY 2DE FY 2030 •Refuse Tana •Yard W... . Cvhaide R-vd1hCTms . Buky Waue (hcLdes Raver) • OMer Recyding Task 3: Cost of Se nd Ra De Task 3.1: Cost of Service Allo *DndRqWtructure Alternatives n e Concurrent with Task 2, in developme o e revements, we will work to allocate costs based on the cost causative drivers for collectiowations, e amount of labor, equipment, time, among other things, for each of the distinct service(N4^by the e will ensure that the cost allocations meet a rational nexus and can be easily explained w e man ni eeds to stakeholders. The allocated costs 1 be divided the underlying billing units by service type / level to determine the unit cost of collectio ate structure alternatives determined with aid of input from City staff during the Task 1 Project Initiatio en be populated using the unit costs in the formation of the proposed rate structure alternatives. This t k contemplates the development of several rate structure alternatives as needed for staffs consideration. Task 3.2: Customer Bill Impact Analysis and Rate Implementation Strategies Based on the rate structures identified in the prior task, we will develop a comparison of the cost of service to rate recovery under the new rates as well as existing rates. We will work with City staff to develop several rate phasing strategies to minimize impacts to customers from the cost recovery changes. This will allow the City to understand the customer impacts of the proposed rate structure alternatives proposed to address any inequities in the existing rate structure. Page 153 of 594 RAFTELIS 13 DELIVERABLES: • Three (3) Customer bill impact and rate structure alternatives. MEETINGS: • Virtual Meeting 7 — Review cost of service and rate design analysis. • Virtual Meeting 8 — Present final findings and recommendations to City project team / RTC staff • Virtual Meeting 9 — Present final findings to City Administration Task 4: Reporting and Presentation Task 4.1: Draft Report The draft report will include an executive summary highlighting the findings of the op ti a ssessment and financial planning and cost -of -service work efforts. The main body of the report v4D*icc a an assessment of current services, service area descriptions, an overview of O&M expenses, op i iVpriorities, the capital improvement plan, the financial plan, and the proposed raVQc t will also cont iscussion on rate structure selection, rate design assumptions, and methodologies usevelop th es. The report will provide rate recommendations and alternatives for a five-year planni g p. Theill pr vide comments for incorporation into the final report. The report will e me ad i ive reco d will show the nexus between the City's costs and proposed rates. Task 4.2: Council Public Presentagp,� 0 C I ^O Raftelis will make a presentation to the a Wand ouncil dur' blic meeting. The purpose of this presentation is to present the results dy eek nput fr i makers regarding any changes to the proposed collection operations a osed rate . resentat�i n rials will be provided to City staff for review prior to the presentation. Task 4.3: Final Report O `� Raftelis will incorporate all prior aff an ncil input into the final report. DELIVERABLES: • Draft and Fin rt • Presentatio i Council MEETINGS: I�F • Virtual Meeting 10 — Discuss Draft Report Comments with Staff • On -site Meeting 11 — Present findings to the Mayor and City Council Page 154 of 594 RAFTELIS 14 EXPERIENCE Experience and Performance Records RAFTELIS HAS THE MOST EXPERIENCED UTILITY FINANCIAL AND MANAGEMENT CONSULTING PRACTICE IN THE NATION. Our staff has assisted more than 1,700 local government agencies and utilities across the U.S., including some of the largest and most complex agencies in the nation. In the past year alone, Raftelis worked on ore than 1,300 financial, organizational, and/or technology consulting projects for over 700 agencies i tes, the District of Columbia, and Canada. Below, we have provided descriptions of projects that we have o e on that are similar in scope to the City's project. We have included references for each of these clien a you to contact them to better understand our capabilities and the quality of service that we provide. • RAFTELIS U RAFTELIS HAS PROVIDED FINANCIAL/ ORGANIZATIONAL/TECHNOLOGY ASSISTANCE TO UTILITIES SERVING MORE THAN 25% OF THE U.S. POPULATION. Hillsboroufi County FL Reference: Damien Tramel., Solid Waste Management Division Director P: 813.663.3211 / E: trameld@hcfl.gov Length of Service: 2005 — Present Raftelis has prepared a financial forecast and revenue sufficiency analysis and model of the County's Solid Waste Division, which includes both disposal and collection services. The financial forecast and model was prepared to evaluate the current and projected fiscal position, support the development of collection and disposal fee rates for service, and develop a funding plan for ongoing capital re -investment. The financial forecast encompassed a six -year planning horizon. Study tasks have included: • Compilation of historical solid waste deliveries received by the County, by waste type, and the projection of solid waste tonnage to estimate residential assessment and tipping fee disposal revenues Page 155 of 594 RAFTELIS 15 • Preparation of forecast of residential/dwelling unit, and commercial customer growth, and waste generation rates to estimate solid waste collection revenues as well as the delivery of municipal solid waste to the County disposal facilities • Projection of electric rate revenues derived from the operation of the waste -to -energy (WTE) facility, recognizing changes in fuel prices, and contractual arrangements for the sale of electricity to other utilities • Projection of operating expenses, including contractual fees for: 1. Operation of the landfill and other disposal facilities 2. Providing collection services by the County's contractors • Preparation of change in landfill closure and long-term liability for expense recognition and funding considerations • Development of a capital funding plan • Developed cost allocation and development of rates based on cost to provide se is ustomer class, waste type, and service provided (e.g., disposal and residential collection 'narately assessed) • Assisted in development of residential assessment rate resolution and oit e rate schedules and presentation to Board of County Commissioners �J • Providing the rate and financial model for County internal Raftelis has annually updated the financial and rev cienc n supp annual budget process, to review the financial position of the system, and to in co p with t 11 business plan adopted by the Board of County Commissioners. 0 O � G City of Huntsville AL Reference: Penny Smith, Dire r n ce O P: 256.427.5062 / E: penny.smi tsvilleal.g Length of Service: 2023 — Pres nt F0 *� The City of Huntsville, Alabama ity ently p `trash, residential bulky waste, and storm debris cleanup to approximately 67,400 reside 14 d come counts producing approximately 165,000 tons of waste per year. The City provides these e i es prima ouse through their Sanitation Division (Division). The Division's financial oper s c entl i ithin the City's General Fund, and capital and operating costs have been greater than wh i llected fro s c stomers as charges for services. However, the Division is in the process of establishi pe tions as a sep rate and distinct enterprise fund. To do so, the enterprise fund must set rates sufficientqs* cover the cost of operation. The City has not conducted an independent review of the cost of service for itd waste operation since 1994. As a result, the City engaged Raftelis to perform a cost of service and financial planning study to provide rate, capital planning, and fiscal policy recommendations to promote financial stability and continuity for the Division's solid waste operation as it transitions out of the General Fund and into its own enterprise fund. The study is currently active and on -going with the goal to take results to City Council at the end of this calendar year. Page 156 of 594 RAFTELIS 16 Oklahoma City Water Utilities Trust OK Reference: Vanessa Aguilar, Business Manager, City of Oklahoma City, Utilities Department P: 405.297.2825 / E: vanessa.aguilar@okc.gov Length of Service: 2020 — present The City of Oklahoma City (City) Water Utilities Trust (OCWUT) provides solid waste collection and disposal services to approximately 645,000 people with contractor -provided collection service to about 60% of the customer base and City in-house provided collection service to about 40% of the customer base. Collection services primarily include refuse, recycling, and bulky waste. The City is also responsible for a number of solid waste programs from neighborhood clean ups, household hazardous waste, rural recycling convenience centers, sr et sweeping, and others. Raftelis recently assisted the City through the performance of a formal cost -of -se to study and financial forecast model. A key element of the engagement included: i) providing reco e ons concerning rate revenue adjustments over a 10-year period including modeling of fleet replaceme d entifying capital needs; ii) providing recommendations concerning the establishment of cash reserves for g, capital, storm, cart, and other reserves; and iii) identification of the cost of service fo veral of the City y services including bulky waste collection, recycling, illegal dumping and litter colle nd flow esign. Raftelis assisted the City in modeling cart and fleet replacement cycles. Currently R telisp assisti ity i determining the cost of in - housing certain contracted operations. NO Lee County '0 G Reference: Douglass Whitehead, Sol' e Dir ` r ��iQ P: 239.533.8917 / E: dwhiteheadCc� .com/1 ` Length of Service: 2014 — pr Raftelis has prepared a financial 30recas Alue;uf��cy analysis and model of the County's Solid Waste Division, which includes both disposa n ectio s. The financial forecast and model were prepared to evaluate the current and projected sco itio s Sthe development of collection and disposal fee rates for service, and develop a fundin ongoin re -investment. The financial forecast encompassed a six -year planning horizon. Study tasks include • Compilation of s rica solid a e iveries received by the County, by waste type, and the projection of solid waste t na to estimate idential assessment and tipping fee disposal revenues • Preparati orecast of residential/dwelling unit, and commercial customer growth, and waste generation rates to solid waste collection revenues as well as the delivery of municipal solid waste to the County di sal facilities • Projection of electric rate revenues derived from the operation of the waste -to -energy (WTE) facility, recognizing changes in fuel prices, and contractual arrangements for the sale of electricity to other utilities • Projection of operating expenses, including contractual fees for: o Operation of the landfill and other disposal facilities o Providing collection services by the County's contractors • Preparation of change in landfill closure and long-term liability for expense recognition and funding considerations • Development of a capital funding plan, including the funding of a landfill replacement reserve (new landfill) for future disposal requirements • Developed cost allocation and development of rates based on cost to provide service by customer and waste type • Providing the rate and financial model for County staff s internal use Page 157 of 594 RAFTELIS 17 Raftelis has annually updated the financial and revenue sufficiency model in support of annual budget process, to review the financial position of the system, and to maintain compliance with the overall business plan adopted by the Board of County Commissioners. City of Wilmington Reference: Rick Porter, MBA MESH, Superintendent of Recycling & Trash Services P: 910.341.0081 / E: rick.porter@wilmingtonnc.gov Length of Service: 2021 — present Raftelis was involved in performing a comprehensive rate study, operational assessmentd1'�llection routing optimization study for the City of Wilmington to ensure the Solid Waste Division is o g efficiently and cost effectively and that the existing charges and fee structure adequately recover th eSX associated with providing service. This effort included developing a 10-year prospective financial modelmated costs of service for the upcoming fiscal year as well as providing rate recommend o Additionally, ' included performing a full operational assessment and providing recommendations for ove eloping the costs of service also required a detailed analysis of the Division's fixed asset, and Per ming this analysis provided additional insight into the Division's operations as e and v�the basi al recommendations. �� A A key finding of the study was to provide the Fiscal Year 2022, which required forr recommendations were unanimously a developed for the City to aid in eval tl Current Fleet Replacement C Vehicles 30 ,V � 30 p 25 p 25 w 20 /)► w 20 u u 15 15 u u 0 10 0 10 5 5 '+ N M V h NO to 00 ON O O, O N N N N N N N N N M M M M M M M M M M d O O O O O O O O O O O O O O O O O 00 O N N N N N N N N N N" fV N N N N N N N N ■ Packer MinTacker ■ LV ■ Flatbeds the I61id waste collection fees by 4% for Race nd City Council. The proposed rate xcerpt from the dynamic model ment cycle. Alternative Fleet Replacement Cycle Program by # of Vehicles M V. 0 f- 00 T O M -W 00 01 q N N N N N N N N N M N M M In In M CD OONNOOON NN NN N N N NNN NN N N NC ■ Packer _ MirOacker ■ LV ■ Flatbeds Charts shown above reflect the fleet module, a component of thefinancial model, used to assist staff in examining effects of changes in fleet replacement cycles. The tool also calculated estimated replacement cost, expected residual value from sale of used vehicles, and changes in maintenance expenses as vehicles age. Page 158 of 594 RAFTELIS 18 N N C � y N RECENT RAFTELIS E a� � _ d SOLID WASTE rn rn °' w O N a c ° a o a c 0 c U r 0 o y 3 EXPERIENCE y R rn R B c :' ;' c o c. a�i ayi p c m C j a ` c o � This matrix shows a ° o E co r o 0 sample of some of the ° o E ° NCn solid waste clients " _ _ °' w ° " M 0 ` x o M T o R c a throughout the U.S. W N a a r W ° w _ O C £ jp U '-' N y O that Raftelis staff has o E �' o Q o M � � ° N G7 C E U 7 O_ LL LL N M y i N C N assisted and the ; LL �, ; n Q o o M c N2 M Cn c >. ° = rn iL m c N c c services performed for E c U N �' o y ° = a ° c o � � c c E E a° U p a r M 2 N a > these utilities. :N N o o 0 0 = ;, _ d 7 L d Q 7 i N N tjy �= C a a N E� a :°mod > >_ c� co cE :°'u 10 m State Client L ° N o om d doa d do Rm Ri mo yo om c y d a a U U W O 000 o oa JU U Y) FLL lL LL AL City of Huntsville AK Municipality of Anchorage AZ City of Chandler CA Calaveras County • CA City of Chino ` CA City of Lincoln CA City of Long Beach O CA Madera County G CA City of Monterey Park 9 CA City of Ontario O CA City of Oxnard • CA City of Torrance 00 FL City of Arcadia O • Babcock Ranch FL Community Independent Special District (BRCISD) FL City of Cape Coral FL City of Clermont FL Collier County FL Charlotte un FL City of Edge r FL Hernando County FL Hillsborough County FL Lee County FL Martin County FL Manatee County FL North Sumeter County Utility Dependent District FL Miami Shores Village FL City of Plant City FL City of Panama City FL Pinellas County FL Sarasota County Page 159 of 594 RAFTELIS 19 State Client FL FL KS OH OK OK OK OR NC NC NC NC NC NC NM Sc TN TN TX TX UT WA WA City of Stuart City of Tampa City of Wichita Montgomery County Environmental Services City of Norman City of Oklahoma City City of Tulsa City of Portland/Metro Currituck County Dare County City of Greenville City of Raleigh City of Rocky Mount City of Wilmington Village of Ruidoso City of Georgetown City of Memphis City of Nashv' o City of De City of Galvest City of Canyonlands City of Bainbridge Island City of Tacoma N � N d E E N w 5 �; T rUiJ m N W m p O Q N E U r y 3 fM.1 O O. U)E M CL f0`6 R 0 O y w LL U Q LL C O O C .fV6 N 3 Cn LL U) } N -a C N 7 C N U)'O C 'r- G i6 N C L U C N COT2 O C C U N T id C tC C O C. C T N fU6 N C ii W- T T d N 3 c O = 0. Q d O i6 W C p N E O O. C U O O = C U .M 0-' N D_ O U Cn N N O_ U 7 O_ LL O LL f0.1 O lC6 N N >+ O T T j U w M 2 7 LL N R C'N r- C E M C y N C T N C'eC-+ N N N C O N = r C O Q d 47 O U C t -O 3 C C 'aN C E E Q O U C C O w W O E 15 O O d U S o s N " E d CL R U m > j `-' U c o °� '� E U N O O 15 d N O a N N O M R M d 0 y 0 p U c N IL Q Q U U W G 000 G Ga JU -i MU U) FLL LL LL Page 160 of 594 RAFTELIS 20 KCI REFERENCES City of Statesville Reference: Mark Taylor, Director of Public Works and Engineering P: 704.878.3552 / E: mtaylor@statesvillenc.net Sanitation Operations Analysis KCI was hired to perform an operational analysis of the city's sanitation department function. This analysis reviewed the collection operations of the city and its current means and methods for processing and disposal. This project included an on -site assessment of operational procedures, a financial analysis of the rates and cost of service, and a route and time on service review. The City implemented on -route GPS positionin s s to assist in determining number of stops per route, and efficiency of routing. KCI analyzed the syst a st a straw -man model, as well as analyzed the impacts of the discontinuation of curbside recyclin , s s various personnel, equipment and routing changes to positively impact the City's program. ftor City of Dover (71 Reference: John Storer, Director of Community P: 603.516.6462 / E: j.storer@dover.nh.gov Evaluation of Collection Service Alternati KCI was contracted by the City of Dove st (PAYT) collection operations to deter ) wh provided services at the end of t c e ntr service, and 3) whether to contin . ing PAY decision -making process by provi g inf ON infrastructure needs, c) equipment and esc Serio 1 O wi asment t city's bag -based pay -as -you -throw e r t ontinue c®rt �d service versus switching to city- hethe to toters for solid waste and/or recycling aas if t are utilized. The ro ect informed the cit 's p J Y and e) options for processing, tran fer osal se recommended by KCI and will de which &11' T City of Coral es Reference: Peter a, ity Manager P: 305.460.52 lesias@coralgables.com Collection Assessment and Strategic Plan da) ancial impacts (capital and operational), b) Pements, d) administrative and management needs, he City of Dover is currently evaluating options implement in the spring of 2024. Based on the result of KCI's prior work, the city engaged KCI to conduct an operational assessment of the existing residential collection services and identify opportunities to improve and modernize. The city provides its residents a high level of collection services including twice weekly backyard refuse collection, weekly backyard recycling collection, and weekly unlimited bulk yard and trash collection. KCI's work activities included onsite observation of collection operations, time and motion analysis, and computer modeling of collection operations. The modeling work projected the operational and financial impacts of various collection alternatives, specifically the changes in collection vehicles, collection crew size, number of crews needed, and impacts on capital and operating costs. In addition, KCI developed an online survey of residential customers that was deployed by the city to gather information regarding customer practices, attitudes, and preferences regarding collection services. KCI also participated in a community workshop where citizens were invited to provide input. The city is currently using the results of the assessment to implement an initial phase of collection improvements. Ongoing work with KCI is Page 161 of 594 RAFTELIS 21 focused on developing a strategic plan for modernizing and improving residential collection during the next several years. City of Naples References: Bob Middleton, Utilities Director P: 239.213.4745 / E: bmiddleton@naplesgov.com Ben Copeland, Utilities Budget and Finance Manager P: 239.213.4714 / E: bcopeland@naplesgov.com Solid Waste Operations Assessment KCI is conducting an assessment of the city's solid waste operations. The scope of wo$,in O?'udes a current state assessment of the city's existing services and opportunities to improve and mod with the overarching goal of continuing to provide a high-level of service and increase recycling an ry. The assessment will evaluate existing operations, consider a range of service i ents and mo ations, and develop a series of recommendations. The evaluation will review routing nund eancial arious collection activities, evaluate the process for ancillary materials collection and an is of rates i Qr nation based upon the local market. O o G .� 9 � o `b • C # D� �o Page 162 of 594 RAFTELIS 22 PROJECT PERSONNEL Project Personnel Assignments and Qualifications WE HAVE DEVELOPED A TEAM OF CONSULTANTS WHO SPECIALIZE IN THE SPECIFIC ELEMENTS THAT WILL BE CRITICAL TO THE SUCCESS OF THE CITY'S PROJECT. Our team includes senior -level professionals to provide experienced project leadership t ort from talented consultant staff. This close-knit group has frequently collaborated on similar succ ss i V1 sects, providing the City with confidence in our capabilities. Here, we have included an organizational chart showing t ture of roJect team. On the following pages, we have included resumes for each of our team member as as a d c�n of their role on the project. -\1h, O t e 'Q N FINANCE LEAr Thierry Boveri, CGFM ANALYST Sarah Neely OPERATIONS LEAD Mitch Kessler Peter Engel Randy Rudd Page 163 of 594 RAFTELIS 23 Thierry Boveri CGFM PROJECT DIRECTOR AND FINANCE LEAD' Vice President (Raftelis) ROLE Specialties Solid waste fees, Water & sewer Thierry will manage the day-to-day aspects of the project ensuring it is within rate fees budget, on schedule, and effectively meets the City's objectives. He will also Parks & recreation fees, Wholesale fees, Impact fees lead the consulting staff in conducting analyses and preparing deliverables for Feasibility study the project. Thierry will serve as the City's main point of contact for the utility cquisition/valuations ro ect. He will also lead the financial components of the project. a it lanning tools p p p i strategic la n otiations PROFILE top financial asset evaluation/ einvestment Thierry brings a client -focused approach with a strong desire to provide value Cost/benefit analysis/life cycle NPV analysis and client satisfaction. He has performed numerous utility, ue sufficiency Financial policies/best management and cost -of -service studies for more than 65 local 2overnme rouahlvD1211 practices United States, prepared financial feasibility and di over $1.75 billion in debt proceeds issued through market, state revolving loans, and rural develop variety of economic and miscellaneous fee s s in the formulation of financial policies rega> lorweports toaON professional History itlOri ` Raftelis: Vice President (2022- 3; an sl d in a present); Senior Manager (2019- Mo be involy 2021); Associate, PRMG (2005- 2019) 1 position related to industry best mana e pract' s.�e has su contract negotiations and provided e r ted t' nd m advisory services. He specializes rforman f solidi Education Bachelor of Arts in Economics and International Business - Rollins Of College (2005) service and financial planning eva%iationsZt�e following alas of concentrations:+ (�5 • Solid waste collection cost of service®rate stu • Disposal cost of service and ratWite es • Assistance in formation of o ' Ent Fund and development of residential assessme • Long -Range Finan i odeling / ans planning support • Financial/ econo�gle nations of so waste system operations • Landfill capa uANzation and valuations • Review of Alf4acetal arrangements (e.g., evaluation of collection hauler bids/contracts) • Assistance in development of municipal interlocal agreements • Assistance in feasibility studies in the issuance of debt (i.e., Bond Feasibility studies) and assistance in development of Bond Resolution / Trust Indenture agreements Certifications Certified Government Financial Manager, No. 15483 Professional Memberships Solid Waste Association of North America: Florida — Board of Directors; Finance & Planning Committee AWWA: Florida Section - Finance & Rates Committee WEF: Utility Management Committee Government Finance Officers Association Thierry is an active member of AWWA, WEF, GFOA and SWANA through his participation on several committees, periodic conference presentations on subject matters ranging from effective utility management (EUM) to the Circular Economy and as a principal author to WEF's Manual of Practice No. 27, Financing and Charges for Wastewater Systems and the WEF Water Reuse Road Map. Most recently, he presented on the "Top 5 Keys to Successful Financial Planning for Solid Waste Mangers" at the 2021 SWANA Wastecon held in Orlando. Page 164 of 594 RAFTELIS 24 ADDITIONAL RECENT SOLID WASTE PROJECT LIS) • Anchorage, AK —Collection and Disposal COS Study 2020 • Bainbridge Island, WA — Collection System & Solid Waste Management Assessment 2022 • Calaveras County, (CA) - Solid Waste COS Study 2023 • Chandler, AZ — Comprehensive Solid Waste Collection and Transfer Station COS & Benchmarking Evaluation 2021 • Chino, California — Solid Waste Rate Study • Currituck County, NC — 2021 Solid Waste Rate Study • Dare County, NC — 2021 Solid Waste Rate Study • Georgetown, SC — Solid Waste COS Study 2022 • Hillsborough County, FL — Comprehensive Solid Waste Collection and Disposal COS Study 2022 • Lee County, FL — Comprehensive Solid Waste Collection and Disposal COS Study 2022 • Lincoln, CA - 2022 Solid Waste Rate Study • Long Beach, CA — Waste -to -Energy and SB 1383 Procurement Support Services 2022 • Madera County, CA — Solid Waste COS Study 2021; 2023 Cost of Service and SWUM' ation • Martin County, FL — 2022 Solid Waste Rate Study • Manatee County, FL — 2022 Solid Waste Rate and Bond F ibility Study • Nashville/Metro TN —Solid Waste Collection COS Stu Oklahoma City, OK — Collection COS Study 2021; Coll ctio -housi (� & Contract Negotiations Support 2022 Oxnard, CA — Solid Waste Impact Fee Study 2021.*S- ste COS 022 Pinellas County, FL — 2022 Solid Waste Rate St Portland/Metro, OR —Bulky Waste As sessm Tulsa, OK — 2021 Solid Waste Financial Pl ocure ent upport O Torrance, CA —Solid Waste COS Stud Wichita, KS — Solid Waste COS Stud 0 O FQ Q- Page 165 of 594 RAFTELIS 25 Sarah Neely FINANCE ANALYST I Consultant (Raftelis) ROLE Sarah will serve as the Lead Analyst and will work at the direction of Thierry in conducting analyses and preparing deliverables for the project. PROFILE Sarah brings a client -centric approach with a desire to provide value in all her engagements. She has contributed to projects involving water, wastewater, solid waste, and stormwater enterprise systems. She specializes in the performance of solid waste cost of service and financial planning evaluations with the following areas of concentrations: • Solid waste collection cost of service and rate studies • Disposal cost of service and rate studies • Long -Range Financial Modeling / Master Plans plar • Financial/economic evaluations of solid waste s)wtod • Review of contractual arrangements (e.g., eval Specialties • Solid waste fees • Water & sewer fees • Utility impact fee analysis • Financial modeling/forecasting • Revenue sufficiency studies • CuAonal billing analysis 0 History • elis: Consultant (2023-present); ssociate Consultant (2021-2022) C�i Education • Master of Business Administration, Finance - Rollins College (2021) ler `Bachelor of Arts, International Business — Rollins College (2020) bids/contracts) V' X Professional • Assistance in feasibility studies in the iss debt .e., and O Memberships Feasibility studies) and assistance in d �nnent �esoluti Solid Waste Association of North America (SWANA) Trust Indenture agreements .� Water Environment Federation OQ (WEF) KEY PROJECT EXPERIE lq-ft- City of Oklahoma City (OK): S id Wa t oqt-of-se ice ate Study Sarah assisted the City in a formal cos o e rated financial forecast model, including a life cycle analysis of vehicle and cart costs. ey nts of t gement included: i) providing recommendations concerning rate revenue adjustme ver a 1 od; ii) providing recommendations concerning the establishment of cash reserve o o erating, , storm, cart, and other reserves; iii) identification of the cost of service for several of the ' 's k serv'c it 1 ing, bulky waste collection, recycling, illegal dumping and litter collection, and flow f gn. Sarah sted in the development of a management dashboard that City staff ' could use to test th itr ty of rate req irements based on various capital financing scenarios and financial objectives. Z City of Oxnard (CA): Solid Waste Impact Fee and Cost -of -service Study Sarah assisted in the analysis and development of solid waste impact fees for the City of Oxnard (City). The fees developed included solid waste container, truck, and facility fees. Sarah supported the development of an impact fee model assessing the City's solid waste costs in terms of the appropriate units of service capacity per the fee type and the application of the cost per unit of service capacity to the customer's level of service requirements for fee design. The evaluation required review of the City's solid waste related fixed asset records and functional allocation of the assets (e.g., MRF and transfer station equipment, etc.). Hillsborough County (FL): Solid Waste Rate Study and Bond Feasibility Sarah assisted in preparing the annual financial forecast and revenue sufficiency analyses of the County's Solid Waste Division. The financial forecast and model was prepared to evaluate the current and projected fiscal position, support the development of collection and disposal fee rates for service, and develop a funding plan for ongoing Page 166 of 594 RAFTELIS 26 capital re -investment. Sarah is also assisting the County in the issuance of solid waste bonds — the evaluation is currently on -going. Lee County (FL): Solid Waste Rate Study Sarah has assisted with the annual financial forecasts for the solid waste system. This project required performing comprehensive revenue sufficiency and cost of service evaluations for the solid waste system resulting in the adoption of the current solid waste assessment and tip fees currently charged by the County. Sarah has also assisted the County in ongoing updates to a capital planning tool for water and wastewater utility designed for County staff to determine effects on financial position and rates over various capital financing scenarios. Madera County (CA): Solid Waste Cost -of -service Rate Study Sarah assisted in the County in an expedited evaluation of the landfill cost of service. T x ry purpose of the engagement was to: i) assess the cost of landfill disposal for the County's uninco o t idents; and ii) assess any effects to the unit cost of landfill disposal and the corresponding tip fee ch a County's unincorporated residents from accepting contracted waste. The key study ob'ectives and mile achieved for the engagement included i) development of multi -year financial forecast (5 e of the Co ty'3'Sro'lid waste enterprise business operations; ii) allocations of cost for determination of th co dispo ces to the unincorporated Residents of the County; and iii) assessed the effects to the uni*; disposa e Coun 's current policy of accepting contracted waste at the landfill. PROJECT LIST • City of Bainbridge Island (WA) — Sol' coil io�em and94e)management assessment • City of Cape Coral (FL) — Solid w It ce to study • City of Chandler (AZ) — Soli a s of-s to s O • City of Huntsville AL — Soli ost-of-se e rate • City of Lincoln (CA) - Solid wa to costofiv*ce rate, Wdy • City of Long Beach, (CA) - Solid w� • City of Oklahoma City (OK) — olidS • City of Oxnard (CA) — Solid w impa • City of Tulsa (OK) — Solid t cost -of • Calaveras County (C4#% Sol wastt^ SB1383 procurement support services *Tce rate study and solid waste cost -of -service rate study study and waste -to -energy evaluation rate study • Charlotte County,VTVSolid wastZl4e�udy • Hillsborough Co ( ) -Solid avast cost -of -service rate study and bond feasibility • Lee County - lid waste cost -of -service rate study • Manatee Cou (FL) —Water, wastewater, and solid waste bond feasibility study • Martin County (FL) - Solid waste cost -of -service rate study • Madera County (CA) — Solid waste cost -of -service rate study • Village of Ruidoso (NM) — Solid waste cost -of -service rate study PRESENTATIONS • "Rates Across the State," SWANA-Florida Winter Conference 2023 • "Solid Waste Impact Fees," SWANA-Florida Winter Conference, 2022 Page 167 of 594 RAFTELIS 27 Mitch Kessler OPERATIONS LEAD I Principal (KCI) ROLE Mitch will be the operations lead ultimately responsible for the KCI team operational assessment work efforts. PROFILE Professional History • KCI: Principal Education Mitch has 39 years of solid waste experience and has managed or directed • J.D. Environmental Law - University more than 1000 projects for over 350 KCI clients. His legal training is of Nevi ampshire Franklin Pierce School Law (1985) especially useful in understanding and interpreting local, state, and federal Jn m ican Studies - Purdue laws and regulations. His broad background in solid waste management and Dni rsity (1981) S. Management - Purdue business makes him a Principal who is an industry leader with the history 15�y n versity (1979) and experience to deliver results for our clients. Mitch is a nationally A.A.S Horticulture - State University recognized expert in the procurement and operations of s to collect n:�; of New York (1976) systems and materials recovery programs and facilities. He r eciall Certifications knowledgeable in collection and market development ' as they SWANA Recycling Systems V 1\k� the economic viabilityof solid waste and re clin �ris. last Composting Programs cY i�� P 9 9 President of the Florida Sunshine Chapter of S International Board member. He serves as a Collection, and Composting Certificatio National, and is a member of the SW or Manager of Composting Operation e i ati cu XT� ANA SWANA Zero Waste Principles & Practices thh Recycling, O SWANA Collections Systems SWA develop Professional Memberships • Solid Waste Association of North America (SWANA) KEY PROJECT EXPEklEN� .� Recycle Florida Today (RFT) ♦ Florida Organics Recyclers Assoc. City of Fayetteville (AR): Waste Re, Div e�1� , and Recycling National Recycling Coalition Master Plan ` United States Composting Council Mitch directed the developme Waste �n, Diversion, and Recycling Master Plan for Fa e 'Ile. Bas e initial recommendations of th effyter lan, e i unched two separate pilot programs under KC d tion: a resi t 'ial single stream recyclables project and a corms al food waste composting pilot. Initial results of the pilots were ove Tigly positive and led to ongoing operation of the food waste composting ogram. The project involved significant stakeholder engagement, which Mitch led through meetings with the public, elected officials, multi -family property managers, local Chamber of Commerce, private sector vendors, and two regional solid waste planning groups and by conducting surveys of residents and businesses. Town of Carrboro (NC): Residential Solid Waste Study Mitch was project director for this evaluation of waste disposal options and collection methods and schedules to reduce the town's carbon footprint and reduce costs. Recommendations were presented in a 3-phase approach to holistically address programs, diversion, and cost reduction. The Board of Aldermen voted unanimously to accept the Solid Waste Study and directed staff to pursue next steps for Phase 1 recommendations. Page 168 of 594 RAFTELIS 28 Nassau County (FL): Solid Waste Fund Analysis, Mitch provided direction and oversight to KCI staff in evaluating the county's existing solid waste management system as part of a Solid Waste Management Plan. KCI staff assisted with benchmarking existing collection and recycling operations and finances, identifying and evaluating potential improvements to these operations, identifying options for funding solid waste operations, and researching potential impacts of existing and proposed state solid waste legislation. Manatee County (FL): Solid Waste Master Plan Mitch directed the development of this comprehensive master plan covering a 30-year planning period. In addition to identifying opportunities to increase waste diversion, KCI evaluated potential disposal options when the landfill reaches capacity and developed planning -level cost estimates for future development of 4�cou ty-owned landfill. KCI also conducted a preliminary cost comparison of developing a transfer station vers ec hauling waste to a more remote landfill location. The result was an action -oriented, dynamic Master P Cityof Denver CO : Master Solid Waste Plan & Update ( ) p Mitch was Project Director assisting with development of 49W Waste NJ,a,1ter an for the City of Denver which included evaluating current collection and drop off oper t: for efficient and high service levels, while meeting organics and construction and demolition (C&D) l experience and knowledge, the city once again Plan. The update focused on charting the c for 2020-2030 with specific focus on mu, Charleston County (SC): Solj LW'1 Mitch designed and managed an'' operations. The audit included an -c energy and landfill disposal, compost, technologies. Based on audit integrated solid waste manag The plan includes implement operations (compost, lar^ conversion to an automa'%C rt and long-term recommendations pan,LNcycling efforts through 'tl%VW/LBA Team's prior Denver Ming its Solid Waste Master land overall system improvements construction and demolition waste. ase I, Green for Green Plan, Phase II the co' is waste stream and solid waste management r am� osts and systems including collection, waste-to- owi itch directed research into emerging alternative I'%�;trategy was developed for an efficient and cost-effective fected the implementation of the Nine Point Green Strategy. changes, improving the capacity and efficiency of existing s with local municipalities, and continuing the county's Page 169 of 594 RAFTELIS 29 Peter Engel OPERATIONS ANALYST I Director (KCI) Oil ROLE Peter will play a key role in the operational assessment and evaluation for Professional History KCI and supporting Mitch with the day-to-day project direction and KCI: Project Director management activities for the operational assessment. Education • M.S. Resource Management and PROFILE Administration - Antioch University Peter has worked since 1987 with public and private sector clients in 1988) recycling, composting, and integrated solid materials management (ISMM). of Arts Connecticut of a 981) He offers keen insight and perspectives on how to integrate the policy, programs, infrastructure, and finances needed to achieve high diversion rates. fessional From strategic planning to implementation and program optimization, Peter emberships blends system -thinking and strong technical knowledge to e ients • Solid Waste Association of North America (SWANA) develop and implement practical solutions to achieve their ials U.S. Composting Council management goals. ` Antioch University New England Northeast Resource Recovery His core work experience includes: Association • Collection system planning and analysis Maine Resource Recovery • Operational performance improvement Association • Materials management plans G'0 • Financial analysis and rate studies • Composting facility develop en o rat* O • Recycling facility developme erations • Public -private partnerships an rocurt • Regulatory analysis and developme61 Q), Peter has played an integral role iWIementirkAWative solutions and best practices in recycling, colop Rng,, and i iid materials management for a wide range of local re g al g s and industries. He is also an experienced traine v' g worked h management and operational personnel in domestic and international con te . ..# t KEY PRO C EXPERIENCE City of Fayetteville (AR): Recycling and Transfer Facility Evaluation Peter worked with the City's engineering consultant to develop and evaluate options to expand or replace the City's recycling facility which needs to be expanded and improved to handle increase volumes of recyclables and solid waste as well as to address aging infrastructure. Peter conducted an on -site assessment of the facility and developed future tonnage projections and operational needs. With this basis and through collaborative discussions with the City and its engineer, Peter identified design and programming needs and prepared a series of conceptual facility designs and process flow models. He worked jointly with the engineer to develop construction cost estimates. He also developed annual cost estimates for the facility options including revenue from commodity sales. Project results were presented to the City, which decided to pursue phased expansion and to seek federal grant support. Page 170 of 594 RAFTELIS 30 Boston Mountain and Benton County Solid Waste Districts (AR): Waste Reduction and Recycling Master Plan Peter served on the project team that developed a Waste Reduction and Recycling Master Plan for the Northwest Arkansas region, including the Boston Mountain and Benton County Solid Waste Management Districts. Peter's focus was on developing alternatives and options for the region to consider in diverting further organic material, such as food and yard waste, from the primary solid waste management stream. This evaluation looked into processing options for the region to invest in, as well as collection options for the various districts and governments to consider for future planning. Durango (CO): Privatization Assessment Based on prior work evaluating the city's publicly operated collection, recycling and tra s tem, Peter completed a brief assessment of privatization options to improve cost- effectiveness aintaining the city's comprehensive services and diversion performance. The assessment consider e %o marketplace's unique structure, Colorado statutes, operational impacts, customer impacts, and oth rs to provide the city council with a basis for informed decision making. City of Coral Gables (FL): Evaluation of Collecti iceImpKh&entA rnatives Peter led the review of existingcollection o eratio `u o o tions to ve and modify services. p �1 �e'rvices fY Coral Gables provides a unique blend of bac age and Ting colle ' and curbside bulk trash P q kY g g collection to its residents. The scope of this t ntaileiiekl-level obset*Nalns to identify immediate improvement opportunities to improve s efficiency. Improvement options were I resource requirements and project c s. efficiency and controlling the cos ic, City of Sarasota (FL): Collection Peter managed a detailed analysis o] currently provided by city service with the private se not acceptable to the city, along with general in�z provide the City of Portlan potential options to improve service kheet model to determine operational as the basis for improving operational residential and commercial garbage collection services icted residential recycling and yard waste collection �e�ast bidding process, the costs for these contracted services were ibtained from the analysis of existing city and private services ected the operational requirements and costs for the city to Evaluation of Collection Service Improvement Alternatives Peter was responsible for this operational and financial evaluation of Portland's existing collection service. His work included developing a spreadsheet -based model to evaluate the potential operational and financial impacts of improving current operations; converting from bin to cart -based recycling; and implementing residential source - separated organics collection. KCI presented a series of recommended program improvements and strategies designed to increase operational efficiency, cost effectiveness, and waste diversion. Page 171 of 594 RAFTELIS 31 Randy Rudd OPERATIONS ANALYST I Senior Consultant (KCI) ROLE Collection operational assessment subject matter expert supporting Mitch Professional History and Peter. KCI: Senior Consultant PROFILE Education Randy joined KCI after 30 years as a Department Director for multiple local B.S. Political Science / Public Administration - University of South government solid waste operations in Florida and South Carolina. He is a Florid 1990) manager with technical skills and experience in project work, including solid ' waste collection operations, waste management strategic plans, recycling rt ions VVrm _erly certified by Solid Waste collection operations and materials recovery facility construction and UNO ssociation of North America as: operations, disposal operations, planning and implementation, grant C�i Integrated Solid Waste Manager preparation and implementation, data analysis, and studi essing contract management, educational material development, tr ' g, rat1� Recycling Manager Transfer Station Manager Landfill Manager reviews and analysis, and more. szo ` � professional �'IVlemberships Randy has a strong background in local govern anagem from a 30- Carolina Recycling Association year career in the public sector. He manage ti e trarr�� itio s from O SWANA FL Chapter manual to fully automated collection pro cons9ectl4jid operato Recycle Florida Today one publicly owned material recovery 'li , and 41 er d a secon M.Ny Pinellas Partners in Recycling has also implemented and operated a - inn' post N!ida onal programs. His previous experien ultiple c munit' and South Carolina has given him a ulique pt2lls ti4� and a erstl!Dnding of both municipal and county agencies a ey shoWOMperated. KEY PROJECT EX P NCE!�er Cit of Dover NH : Evalua io f Colle vice Alternatives Y ( ) Randy is assisting the Dover w' essment of the city's bag -based pay -as -you -throw (PAYT) collection operations to dete e hether to c inue contracted service versus switching to city -provided services at the end of the curre act, 2) whether to convert to toters for solid waste and/or recycling service, and 3) whether to continue util YT bags if toters are utilized. The project will inform the city's decision -making process by providing inform.a n regarding a) financial impacts (capital and operational), b) infrastructure needs, c) equipment and human resource requirements, d) administrative and management needs, and e) options for processing, transfer & disposal services. City of Naples (FL): Operations Assessment KCI is currently conducting an assessment of the city's solid waste operations. Randy will serve as a senior consultant on this project and will assist with an assessment to evaluate existing operations, consider a range of service improvements and modifications, and develop a series of recommendations. The scope of work will include a current state assessment of the city's existing services and opportunities to improve and modernize them with the overarching goal of continuing to provide a high-level of service and increase recycling and recovery. The evaluation will review routing numbers and levels of various collection activities, evaluate the process for ancillary materials collection and an analysis of rates and financial information based upon the local market. Page 172 of 594 RAFTELIS 32 Sarasota County (FL): County Facilities Recycling Collection Analysis, In -House Collection Analysis Historically, the county has relied on a private contractor to collect recyclables from county buildings and facilities. However, with significant fee increases in recent years, the county has directed KCI to analyze the operational and financial impacts of the county assuming responsibility for collecting recyclables. Randy will serve as a senior consultant on this project and assist with work activities include compiling an inventory of service locations and the method and frequency of collection, based on which KCI is utilizing a spreadsheet -based collection model to determine the number of collection crews and operational requirements. Capital and operating costs estimates will be developed and compared to the costs of contracted service. In addition, the county would need to assume responsibility for vehicle and container maintenance and repair, so an assessment of the county Fleet Department's capabilities is being conducted as well. Randy serves as the senior consultant for this analysis of the cost, staffing, and operatio -rvcations of potentially performing solid waste collection services as an in-house service rather a gh a franchised vendor. This project will review the operational needs in terms of staffing, equipment, nd other factors and develop a cost model for use in considering this as an option for continued so to collections management. City of Fort Pierce (FL) Rate Study 11:;� Randy is serving as a consultant on this cost of service study &,�Oviding t nical support on collection activities. The city identified several specific aspec ake c F deratio ding lack of rate increases since 2016, significant projected residential and rcial o r s Zoonpetition for drivers, desire to g p J �' P � consider service delivery options for yard w bulk fastj and desire o ;� ove forward with ordinance revisions. The primary focus will be on a serv' a r e study e city's current services in order to address the critical issue of defining t reme an nding o i r financial sustainability and managing on current services as well as looking at the include a comparison with other similar major growth during the 5-year 1 option to modify residential y local communities services, fees, Boston Mountain Solid Waste KCI is currently conducting a �Lc include an operational assessr iel this project and will cons( an contracts, and d two -week waste include waste aj provide the BM penoaXwte ay w kKlK nd bulk servil cost VJbns Analysis and Waste Characterization Study oston Mountain Solid Waste District. Phase one will ,'lid waste operations. Randy will serve as a senior consultant on uate existing operations, structure, rules, regulations, and iVit mendatio prove operational efficiency and efficacy. Phase two will include a ee ionstudy to clude both MSW and recyclables. The characterization study will �ables samples from the BMSWD, and the Cities of Fayetteville and Johnson, AR. KCI will and the Cities with a final report with the results of the characterization study. Page 173 of 594 RAFTELIS 33 TIMELINE Timeline Raftelis and KCI will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice -to -proceed by May 2024 subject to project award and contract negotiation and that the project team will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated within a 6-9 month period contingent upon scheduling for presentation to the Mayor and City Council. 20 ,� TASKS Month 1 Mont nth 3 Month onth 5 Month 6 Month 7 - 9 Task 1. Project Initiation and Operational Assessment Task 2. Financial Model Revenue Requirements Forecast Development zi O G Task 3. Cost of Service and Rate Design Task 4. Reporting and Presen atio In -person Aeetings Web Aeetings ` Deliverables Draft Report Final Repo W 0 Page 174 of 594 RAFTELIS 34 COST PROPOSAL Cost Proposal The following table provides a breakdown of our proposed fee for this project. This table includes the estimated level of effort required for completing each task and the hourly billing rates for our project team members. Expenses include costs associated with travel. The Raftelis/KCI Team is focused on meeting the City's needs — both the scope of services and the cost. In light of that, we welcome the opportunity to discuss and refine our methodology to ensure that t the City's expectations. Raftelis AN Web In -person Tasks Meetings Meetings 2 1 NP Task 1: Project Initiation and Operational Assessment 3 0 $2428 2. Financial Model Revenue Requirements Forecast Development 3 0 Nor 3. Cost of Service and Rate Design 4. Reporting and Presentation 1 Total Meetings / Hours 9 93 $340 Hourly Bill! Trro al Fees 19,530 TB = Thierry Boverl, Raftelis Vice President, Rate S d PM; SN = Sarah Neely, Raftelis Consultant n ial An yst; AC = Raftelis Associate Consultant MK =Mitch Kessler, KCI Princip Ope ns Lead; PE = Peter Engel, KCI Director, tions nalyst; RR = Randy Rudd, KCI Selo it,Operations Analyst. ourly Cost Estimate Travel Labor Expense Total Fees & PE R Total Expense Allowance Expenses AC p $31,600 p $5,000 $36,600 4 40 68 157 3 8 20 142 $29,005 $0 $29,005 18 0 64 $14,880 $0 $14,880 40 28 12 128 $29,100 $2,000 $31,100 75 62 100 100 491 $175 $245 $190 $170 $13,125 $15,190 $19,000 $17,000 $104,585 Total Fees & Expenses Page 175 of 594 RAFTELIS 35 Hourly Billing Rates Project team hours and expenses will be billed on the same invoice. Expenses related to travel will be billed at cost. Additional services outside the agreed upon scope of work will be billed on a time and materials basis. Raftelis' billing rates can be found below. These rates will be in effect for calendar year 2024 and will then increase annually by 3% unless specified otherwise by contract. RAFTELIS RATES POSITION Executive Vice President Vice President Senior Manager Manager Senior Consultant Consultant Associate Technology Charge" KCI RATES * These rates will be in effect for cadar year 2024 and will the increase annually by oYeAs specified otherwise contract. $305 40 NP `$210 5 �0' b ,e) HOURLY BILLING RATE* $375 $340 POSITION r, lO&LY►-JING RATE* Principal (P �v �245 Director $190 Senior Consultant $170 Page 176 of 594 RAFTELIS 36 EXCEPTIONS Exceptions We request that the City consider making the following modifications, shown in red below, to the Professional Services Agreement. Please contact us if you have any questions or concerns about these modifications. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by re any actual or claimed trademark, patent or copyright infringement, by the Proposer, or litigation base re n, with respect to the services or any part thereof covered by this order, and such obligation shall su tan of the services and payment thereof by the City. O o G � o `b • D� �o Page 177 of 594 RAFTELIS 37 APPENDIX: REQUIRED FORMS Appendix: Required Forms 5 PQ�Q �� Q�09 Q 5 rp QF Page 178 of 594 City of Fayetteville RFP 24-08, Recycling and Trash Collection Rate Study SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. ailure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result o response. This form must be completed and returned in order for your bid/proposal to be eligible for co i allon. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATE S TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXI 2) RELATIONSHIP EXISTS (P lain)• I certify that; as an officer of thrn- zation,geftrNThe a Uletter of authorization, am duly authorized to certify the information providei�ccuand true, nd my organization shall comply with all State and Federal Equal Opportunity and11�f}a5on rVq ents and conditions of employment. Pursuant Arkansas Code Annotate -1-50 �ntractor agrees and certifies that they do not currently boycott Israel and will not b o rael du y time in which they are entering into, or while in contract, with any public entity as define v §2 - - f at any time during contract the contractor decides to boycott Israel, the contractor s otify th o ed public entity in writing. Pursuant Arka s o Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, ssi Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 17 of 19 Page 179 of 594 Corporate Name of Firm: Raftelis Financial Consultants, Inc. Primary Contact: Thierry Boveri Phone#1 (cell preferred): 407.628.2600 E-Mail Address: tboveri@raftelis.com 3. ACKNOWLEDGEMENT OF ADDENDA Title of Primary Contact: Vice President Phone# 2 : 407.421.1400 Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their ceipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualificX. % ADDENDUM NO. SIGNATURE AND PRINTED NAME TE ACKNOWLEDGED 1 �2 Thierry Boveri 4 24 2 �G Boveri 4/9/24 3 �w rry Bo 4/15/24 4. DEBARMENT CERTIFICATION: Naof As an interested party on this project, you quired o pr vide deb r e t/suspension certification indicating compliance with the below Federal Ex Ord rication n e done b completing and signing this p j� Y p g g g form. � O Federal Executive Order (E.O.) 4 "Debarm t and pension" requires that all contractors receiving individual awards, using federal nds lib-r:cits certify that the organization and its principals are not debarred, suspended, proposed r rme ed ineligible, or voluntarily excluded by any Federal department or agency from doinbu s with eral Government. Signature certifies that neither declared ineligible, or to pal is presently debarred, suspended, proposed for debarment, participation in this transaction by any federal department or agency. Questions reg i form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: Raftelis Financial Consultants, Inc. PHYSICAL ADDRESS: 341 N. Maitland, Suite 300, Maitland, FL 32751 MAILING ADDRESS: 341 N. Maitland, Suite 300, Maitland, FL 32751 TAX I D #: 20-1054069 City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 18 of 19 AR. SECRETARY OF STATE FILING #: 811118350 Page 180 of 594 PHONE: 407.628.2600 FAX: 828.484.2442 E-MAIL: tboveri@raftelis.com SIGNATURE: PRINTED NAME: Thierry Boveri TITLE: Vice President FQ Q- DATE: 4/16/24 E�OF ORF'P DOCUMENT City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 19 of 19 Page 181 of 594 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-08, Recycling and Trash Collection Rate Study DEADLINE: Thursday, April 11, 2024 before 2:00 PM, local '�► SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss eville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 0 17/2024 N� REQUE R P A RFP 24-08, Recycli d sh oll Rate Study No late proposals shall be ac s s all be s( b witted through the City's third -party electronic bidding platfor ubmitt a Seale wical proposal to the City of Fayetteville, Purchasing Division at the b low Iq ion.. O vill i of ayette e Pur Division —Room 306 i6 1 est Mountain Street ayetteville, AR 72701 All proposals e submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 1 of 19 Page 182 of 594 City of Fayetteville RFP 24-08, Recycling and Trash Collection Rate Study Advertisement City of Fayetteville, AR Request for Proposal RFP 24-08, Recycling and Trash Collection Rate Study The City of Fayetteville, Arkansas, is now accepting proposals from qualified firms for services required to complete a comprehensive cost of service/rate study for the Recycling and Trash Collection Division of the City of Fayetteville. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville P (,WinjfDivision's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be rece Thursday, April 11, 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by g a sealed physical proposal to the City of Fayetteville, Purchasing Division. All propo are due before time stated. No late proposals shall be accepted. Submitting electronically is strong qeoura ee City of Fayetteville shall not be responsible for lost or misdirected proposals, or for fa' ure ropos chnical equipment. All interested parties shall be qualified to do bu n and li ac d e with all applicable laws of the state and local governments where the proj cate ro ers s ve a current, valid registration with the Arkansas Secretary of State at time of sal d a line The City of Fayetteville reserves the rig o re' ny all Pro and to waive irregularities therein, and all parties agree that such rejecti ale witho is i ity on rt of the City of Fayetteville for any damage or claim brought by any interested rty be se of such reje io , nor shall any interested party seek any recourse of any kind against the City of Fayette e As of A jections. The filing of any Statement in response to this invitation shall constitute an agr of their is ed party to these conditions. G City of Fayettevill By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 03/17/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $167.99 City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 2 of 19 Page 183 of 594 City of Fayetteville RFP 24-08, Recycling and Trash Collection Rate Study SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or simil Fles as outlined in the RFP. This description should include the names of the person(s) who vide the services, their qualifications, and the years of experience in performing this type f�o Also, include the reference information requested in this RFP. �r c. The complete fee and cost to the City for all scJs outl' Zthis RFP. d. Statement should be no more than t ive ( JQ sin d, standard, readable, print on standard 8.5x11 documents. Pro r shall a su mit e 3) page (maximum) executive summary. The following items i o coun war he t e y 've page limitation: appendix, cover sheet, 3-page executive summi resu s s es hal e no more than 1 page per person), and forms provided by the Cit r ompl on. i. Submitting an ding to t ' RFP: Pr s shall be prepared simply and economically, providing a stra htforv<3.c44��cise de i of its ability to meet the requirements for the project. Fancy bindi el disp d promotional material are not required. Emphasis should be on complss and f content. All documents physically submitted should be typewritten andard 8 " x 1" white papers and bound in one volume. Exceptions would be s e i s, exlii ' s, e-page resumes, and City required forms. Limit proposal to twenty- ' e (2 pag rxcluding one -page team resumes, references, and forms requ' y the City f cc�"pletion. All proposals shall be sealed upon delivery to the City of F v 1. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to www.fayetteville-ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. 2. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 3 of 19 Page 184 of 594 shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to City employees by the Proposer and shall be provided to the City in a sealed manner. FedEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailing package. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should struct ei responses to follow the sequence of the RFP. h. Proposers shall have experience in work oft ame or similar n re and must provide references p p` - that will satisfy the City of Fayetteville. Propo II fur is ference list of clients for whom they have performed similar services and mks ovide informs as r uested in this document. i. Proposer is advised that exceptions t�a y` f the �oon►t . e i his RFP or the attached service agreement must be identified in i r ponsjj�e P. F do so may lead the City to declare any such term non-negotiable. oser' sir to take ep on to a non-negotiable term will not disqualify it from consider o or awz j. Local time shall be as the ti e in Faye zArkansas on the due date of the deadline. Documents shall be ceived for the dea me as shown by the atomic clock located in the Purchasing Division Office c onic cl ted in the City's third -party bidding software. 2. WRITTEN REQUESTS FOR INT IONSOR (tARIFICATION: No oral interpretations de tp ms as to the meaning of specifications or any other contract ues 'ons aini ms and conditions or scope of work of this proposal must be documents. All qsent in writing via - it to the ch sing Department. Responses to questions may be handled as an addendum if th r p se would provide clarification to the requirements of the proposal. All such addenda shall becom r f the contract documents. The City will not be responsible for any other explanation or interpretati o e proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 4 of 19 Page 185 of 594 a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necess 63ar ications, additional information or proposal data without changing the terms of the pr The City of Fayetteville reserves the right to e selection of th ro oser to perform the services g Y Y g �'�- p required on the basis of the original proposal i ut n&c�yiEjpn. h. The City reserves the right to ask for nd fin fWOM more Proposers. The best and final offer process is not guaranteed- yore, P s sha s and respond to this RFP on the most favorable terms available. G 5. EVALUATION CRITERIA: The evaluation criterion define tors ill e use selection committee to evaluate and score responsive, responsible an d propo s. Propo all include sufficient information to allow the selection committee to thor ghly e ate and scor sals. Each proposal submitted shall be evaluated and ranked by a selection commi contr i be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFoposer t guaranteed to be ranked. I 6. COSTS INCURRED BY PROJONS• All expenses involved ith t prep submission of proposals to the City, or any work performed in connection there hall be bor so ly by the Proposer(s). No payment will be made for any responses received, or for n o er effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRIESN: An oral pre sen ation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 5 of 19 Page 186 of 594 which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal drr ttA shall not be considered. Modifications in writing received prior to the deadline ccepted. The City will not be responsible for misdirected bids. Proposers refer to thei s sion status in the online bidding portal or call the Purchasing Division Gd ) 575-8220 to�ure receipt of their submittal documents prior to opening time and date lis The time set for the deadline shall be ♦ e ro for ille o the date listed. All proposal osal shall be received in the Purchasing DI is BEFO eadl* t d. The official clock to determine local time shall be they `A is clo cat in t hasing Division, Room 306 of City Hall, 113 W. Mountain, Fayett 11. CONSTITUTIONAL. STATE. AND �LJCOMMIA E REQUI NTS: s The laws of the State of A pply to'�i pur211 ch4V.10Jeunder this request for proposal. Proposers shall comply with all cons- :u onal, s , and federal des, orders and laws as applicable to this proposal and subsequent contract(s) includ' t o� limite qual Employment Opportunity (EEO), Disadvantaged Business Enterprises DBE & OS a a lic contract. p (DBE), � pp 12. PROVISION FOR OTHER Unless otherwise stipulated the P 0 t e Proposer agrees to make available to all Government agencies, departm t municipali s, a counties, the proposal prices submitted in accordance with said proposal terms ditions therei , should any said governmental entity desire to buy under this proposal. EI � sers shall mean all state of Arkansas agencies, the legislative and judicial branches, political su s (counties, local district school boards, community colleges, municipalities, counties, or other public a ncies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 6 of 19 Page 187 of 594 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law plying to the case. 15. CITY INDEMNIFICATION: a► The successful Proposer(s) agrees to indemnify the City and hold it har m and against all claims, liability, loss, damage or expense, including but not limited to counsel eing from or by reason of any actual or claimed trademark, patent or copyright infri ent or litigatio ed thereon, with respect to the services or any part thereof covered by this order, an uc oblig ti all survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CON S: All standard terms and conditions stat his ues or p o I apply to this contract except as specifically stated in the subsequent s s of do ment, ke precedence, and should be fully understood by Proposers prior to ing a os on thi equ ement. 17. ADA REQUIREMENT FOR P TICES & A SLATI Persons with disabilities req ing re able accomm a n to participate in this proceeding/event, should call 479.521.1316 (telecommunic v)ce for teaf), no later than seven days prior to the deadline. Persons needing translation of t 's ocume contact the City of Fayetteville, Purchasing Division, immediately. �I 18. CERTIFICATE OF INSURA C The successful Pro s sha I provi Qea ertificate of Insurance of professional liability insurance in the amount of $1 i S dollars, atum. Such Certificate of Insurance shall list the City as an additional insured and required unless firm is selected. 19. PAYMENTS A INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 7 of 19 Page 188 of 594 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of yetteville. d. In the event sufficient budgeted funds are not available for a new fisc the City shall notify the Contractor of such occurrence and contract shall terminate oij�i t day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE AMIVIANS ANp(g%MERGERS: The Contractor shall perform this contr�c . jNo assignm prior written consent of the City. If o oser i n Proposer shall disclose such intent in roposa In the event of a corporate a the City within thirty (30) c4l of said action, whichev&f-o% 22. NON-EXCLUSIVE CONTRACT:` Award of this RFP shall impose i which may develop during the co the right to concurrently cones the City's best interest. VrNie item. ;Gbco racting shall be allowed without sub n act a portion of this work, the �a�re It of this RFP. pontractor rger, th n actor shall provide written notice to 0 'otic of such action or upon the occurrence njt,�4y to utilize the Contractor for all work of this type, not an exclusive contract. The City specifically reserves �r�?oanies for similar work if it deems such an action to be in phase contracts, this provision shall apply separately to each 23. LOBBYING: v Lobbying of c . n committee members, City of Fayetteville employees, or elected officials regarding request for p als, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/pro oser/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 8 of 19 Page 189 of 594 request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the ity of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasin ''""� n and enter information only in the spaces where a response is requested. Pro os s a use an attlaRXnt as an addendum to the RFP p p q p Y form(s) if sufficient space is not available on the origi f m for t poser to enter a complete response. Any modifications or alterations to the original FP documeX7k14U7he oposer, whether intentional or otherwise, will constitute grounds for rejecti X ch R tase. A ch modifications or alterations a Proposer wishes to propose shall be clear) tad in the er's P e onse and presented in the form of an addendum to the original RFP doc�&Ns. CG 27. OTHER GENERAL CONDITIONS: a. Proposers must proved wi t proposad by an employee having legal authority to submit proposals o of the P oser. T re cost of preparing and providing responses shall be borne by the ropos b. The City reserves the righquest itional information it deems necessary from any or all Proposers after the sOsion dead ne. c. This solicitati is n o be �s�,, s an offer, a contract, or a commitment of any kind; nor does it commit e ity to pay r y costs incurred by Proposer in preparation. It shall be clearly underst any costs incurred by the Proposer in responding to this request for proposal is at the Prop wn risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for rsement to the Proposer for any expense so incurred, regardless of whether or not the propos I is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayettevilleabeilfuss argov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 9 of 19 Page 190 of 594 of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detai d information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Propos .� preparation of proposals necessary to properly respond to this RFP. The RFP is designe � ide qualified Proposers with sufficient basic information to submit ro oo al meetingmmiwi�fum specifications and/or test p�iy° p / requirements but is not intended to limit a RF ' ntent o��cclude any relevant or essential data. i. Proposers irrevocably consent that an a actin 6edin nst it under, arising out of or in any manner relating to this Contracts Ilcontr Arka a a Proposer hereby expressly and irrevocably waives any claim or d in a0aii a tion r eding based on any alleged lack of jurisdiction or improper venue Simi r j. The successful Proposer t a g e whole o, art of this Contract or any monies due or to become due hereun out writt consent f Fayetteville. In case the successful Proposer assigns all or any pa of any nie�s due or ome due under this Contract, the Instrument of assignment shall contain a s s bstanti he effect that it is agreed that the right of the assignee in and to any monies due o ecome� the successful Proposer shall be subject to prior liens of all persons, firms, and Wr rations f sei'Sices rendered or materials supplied for the performance of the services calle COW k. The succes I roposer's a en n is directed to the fact that all applicable Federal and State laws, munici o i nces, and the rules and regulations of all authorities having jurisdiction over the services shall I the contract throughout, and they will be deemed to be included in the contract as though writ o in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 10 of 19 Page 191 of 594 City of Fayetteville RFP 24-08, Recycling and Trash Collection Rate Study SECTION B: Scope of Services and General Information 1. INTRODUCTION: Fayetteville is a thriving community of 95,230 residents (2021 Census estimate). As the second largest city in Arkansas, Fayetteville provides all the resources and advantages of a large city while maintaining a quality of life that remains true to its unique heritage. Fayetteville is the county seat of Washington County, Arkansas. b. The Recycling and Trash Collection Division (RTC) operates as an Enterprise fund within the City of Fayetteville. By ordinance, the City collects all residential and comme i aste using carts and dumpster service. The Division competes with licensed franchise holders e top and compactor services. The City provides recycling and yard waste collection servic� single-family residential units. The Division operates a Transfer Station, Recycling Center osting operation. The City recently adopted a Climate Action Plan (availa e at: htt s://w etteville-ar. ov/4260/Climate- Action-Plan) which directs the Division to p t pr grams in ace o divert 40% of the City's waste stream. 2. SCOPE OF WORK •� The broad objective of the study is to ade, y fu xist soli a e services, foreseeable capital costs, and debt service that is derived in an V le a usti able ma m new and existing customers. The study shall include an asse of o e istin opera ',ss to include at a minimum, an analysis of the City of Fayetteville's Recy Trash Ilection u aracteristics, a review of the City's current collection equipment, revie of theZ's current colt ti routes and timing, make recommendations for el!refinements and modifications tll�ctions m and provide feasibility level cost estimates for implementation of said recomme a ns. I N�b The study, at a minimum a�d&eh owing objectives: a. Compare cur t re lingc Ilection service costs (operations, and capital improvements) against ap ate industrmarks b.Rec ;e< baseline rate structures required to guarantee the sustainability of the City's recycling and shervices and provide for collection equipment upgrade and maintenance c. Evaluate Collection of: i. Material by Program; 1. Curbside recyclables 2. Apartment recyclables 3. Commercial recyclables 4. Residential solid waste 5. Commercial solid waste 6. Industrial solid waste 7. Yard waste City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 11 of 19 Page 192 of 594 ii. Bulk item pick up program iii. Transfer station operation iv. Recycling center operation v. Disposal of all waste vi. Marketing and processing of recyclables vii. Composting program viii. Franchise fees collection and administration ix. Planned capital improvements x. Operations and administration program xi. Additional positions a► d. Recommendations shall also consider annual inflationary and i No justments that address the overall policy direction outlined herein. e. The study is to be performed in conforman a QwIthe fopolicy directions: i. The recommended rate structu II be d<�'cos rvice and shall be sufficient to meet the current and future e tae requi s of i of Fayetteville's Recycling and Trash Division. ii. The stud shall recom ate s Kithat nsi and make rovisions for the followinYp g factors: 1. Achi g also in the Rr g and Trash Collection Master Plan adopted in Fe a 01 2. Curren and f Vmate o provide solid waste services in accordance with establishe n icipe ards and regulations in addition to the adopted Solid Waste R ion, Di n, and Recycling Master Plan (available at: htt w.fa ett i e-ar. ov 1907 Rec clin -and-Trash-Master-Plan) 3. Pr je tad dema ge aKd con itio N fleet unding requNmeents for future facility and equipment upgrades iii. commended rate structures shall provide direct identification of revenues appropriated jor funded activities and infrastructure. iv. The study shall provide at least two (2) recommended rate alternatives for solid waste services based upon standard rate practice that meet the criteria outlined above. The consultant will make recommendations as to which alternative best meets the criteria. v. The benefits of any proposed modifications shall be weighed against the financial impacts on rate payers. vi. Justification of differences in proposed rate structures for different classes of customers shall be provided. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 12 of 19 Page 193 of 594 vii. The recommended rate structures shall result in no decrease in stability of the revenue stream, as compared to the current structure. Consideration shall be given to funding past and future depreciation such as the necessary replacement or upgrade of facilities/equipment. viii. The recommended rate structures shall be easy to administer and understand and shall be fully compatible with the City's existing billing system. ix. The recommended rate structure shall be provided through the next five (5) years. f. In making rate structure recommendations, the final report shall explicitly include the following elements and analysis for the provided solid waste services: i. Current Rate Structure — Assess the current rate structure's performance as a baseline for comparing and justifying recommended changes. ii. Equity — Assess the equity of recommended rate structures for all t * loproperty ownership and user classes. iii. Sensitivity Analysis — Assess the ability of the revenue str �e�'ferated by the recommended rate structures to continue to full fun01enue clingand tra�s Ilection service costs. Include a Y sensitivity analysis where the long -ter �q �ted under each alternative shall be illustrated when confronted with�th impacts of or in ased demand. iv. Rate Payer Education and Co tion me hods for communicating utility costs, including utility bilrhce how it . ht be s o i entify actual costs of providing recycling and trash collecs.� v. Annual Enterprise Fu is vi. Annual Tar et Co -n F nces an of Liquidity vii. Budgeting Hori n and cle — A sess thaa ropriate budgeting horizon and cycle needed to support recommend t�ctures /' viii. Comprehensive Sum r of Rec ded Rate Structures — Asses the performance of each recommended tructure er e and provide recommendations on the preferred rate structure. ix. Su o Da — Pr ide to supporting conclusions and observations made for each of the are ve and cite the study. 3. SERVICES T VIDED BY THE CITY: City of Fayette Hle staff will provide all reasonably available records and information, including, but not limited to financial reports, historical costs and budgets, demand and consumption data, and general community demographics. City staff will also provide general staff support and assistance as required and agreed to in advance of the project. 4. PROPOSAL REQUIREMENTS: Proposers shall include the following with RFP response: a. General information including: i. Name and address of firm City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 13 of 19 Page 194 of 594 ii. Number of years firm has been in business operating under current name 4. 5. IS c no, e iii. Other names (if applicable), including parent company name(s) by which Proposer's organization has been known and the length of time known by each name. iv. Current insurance coverage Knowledge of applicable regulations and local conditions Understanding of project and proposed project approach with desired outcomes: i. Describe firm's anticipated approach to project and any special ideas, techniques, and/or suggestions that may add value to the project. Experience and performance records: i. Provide a history of firm's experience providing services consistent itAe described herein. ii. Provide names of municipal clients for which firm has provid i services in the last five (5) years. S iii. Provide name and contact information fo ree (3) municC6ferences who can discuss firm's work on past plans, studies, and/or proj 1X!?J cts. Project personnel assignments and qualifications: ♦ A Identify firm's primary contact actively involved in all phas contact for firm. Include, Provide name, title, r c qualifications of ke s nnel Provide an or a at I CA described abo e Citv o f. Timeline: Provide proposed p more consideraN,2n bject a a�for i oject. Project manager shall be projec n shall do as the City's primary point of ro su e, and c t t formation. ati n, s Is, experience, credentials, and unique �be assig o this project. cting ted relationships between key personnel �v )mpleting the project roposals. A shorter timeline will be given COST PROPOSAL: 1/ � o Cost proposal sh I or all service aterials, supplies, and any other items or requirements necessary to complete th stimated expenses shall be included. Proposer shall submit hourly rates for any additional r ffered. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %" x 11" white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 14 of 19 Page 195 of 594 6. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 7. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evalu tion of the selection committee. Following the evaluation of the proposals, the Selection Committee equest that the top- ranking firm(s) make an oral presentation or be interviewed. If presentations c ssary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Divis' 1) 25% Qualifications in Relation to Spe 'fic roject tqp�e Performed: Information reflecting qualifications of the consulta t, p triers, kY 4oject team. Indicated specialized experience and technica ence f irm ' nnection with the type and complexity of the service d. Su ors, - us shall be listed with information on their organization. 2) 25% Experience, Co ce, city Pe rmance: Information reflecting the names, titles ualif ns ..ncluding x rience and technical competence) of the major p n assigne N,111s specifiject. 3) 10% Proposed eth 1Ag Wor oposed work plan (description of how the project would be con c as II er facts concerning approach to scope) indicating methods d ules for a plishing scope of work. Include with this the amount of work under 4) 25% erf rman : P ous evaluations shall be considered a significant factor. If previous e Nuations with City are not available, the professional firm's past performance ILrecords with City and others will be used, including quality of work, timely performance, iligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. 5) 15% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized as much as possible. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 15 of 19 Page 196 of 594 9. ADDITIONAL DOCUMENTS AND INFORMATON: The following information is included with this solicitation as additional information: a. Online Resources: i. Fayetteville Code of Ordinances —Chapter 50: https:Hlibrary.municode.com/ar/fayetteville/codes/code of ordinances?nodeld=CD ORD TIT VPUWO CH50RETRCO ii. Current RTC Rates: https://www.fayetteville-ar.gov/3558/Rates iii. Fayetteville Recycling & Trash Master Plan: https://www.fayetteville-ar.gov/1907/Recycling-and-Trash-Master-f iv. Climate Action Plan: https://www.fayetteviIIe-ar.gov/4260/Climate-Action-PIar��� C v� b. Appendices to RFP.. i. Appendix A: Transportation Org it nal C G O � D� G CO NTI NTU ES ON NEXT PAGE City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 16 of 19 Page 197 of 594 City of Fayetteville RFP 24-08, Recycling and Trash Collection Rate Study SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. ailure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result o response. This form must be completed and returned in order for your bid/proposal to be eligible for co i allon. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATE S TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISk..) 2) RELATIONSHIP EXISTS (P lain) I certify that; as an officer of t zation, er he att etter of authorization, am duly authorized to certify the information provide erein i�ccurate and tr my organization shall comply with all State and Federal Equal Opportunity and N n-D' 5on regl nts and conditions of employment. Pursuant Arkansas Code Annota d-1�-55/03, the ontractor agrees and certifies that the do not current) g Y Y boycott Israel and will not b oI^raeI d ny time in which they are entering into, or while in contract, � with any public entity as define §2 �f t any time during contract the contractor decides to boycott Israel, the contractor notify the c tr ted public entity in writing. Pursuant Arkan, ZsoIV Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently %boycott Energy,i Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 17 of 19 Page 198 of 594 Corporate Name of Firm: Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): Phone#2: E-Mail Address: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their ceipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualificX. % ADDENDUM NO. SIGNATURE AND PRINTED NAME TE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you quired o pr vide d ar /suspension certification indicating compliance with the below Federal Ex Ord icati ca e done b completing and signing this p j� °� Y p g g g form. (� Federal Executive Order (E.O.) 4 "Debarm t and sion" requires that all contractors receiving individual awards, using federal nds I Sib-reci ertify that the organization and its principals are not debarred, suspended, proposed r rm ed ineligible, or voluntarily excluded by any Federal department or agency from doin bu s with eral Government. Nh& Signature certifies that neith r nor yoA, * i I is presently debarred, suspended, proposed for debarment, declared ineligible, or tar excl ed m participation in this transaction by any federal department or agency. Questions reg i form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID #: AR. SECRETARY OF STATE FILING #: City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 18 of 19 Page 199 of 594 PHONE: E-MAIL: SIGNATURE: PRINTED NAME: TITLE: FAX: DATE: Jai C) 5� END OF RFP DOCUMENT City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Page 19 of 19 Page 200 of 594 Attachment A 10/10/23 Sustainability Department (2) Waste Reduction Manager Compost(3) Recycling Drop-off (2) ]] Educator (2) IT Transfer Station (2) L Recycling Processing Facility (2) Environmental Director i Recycling & Trash Operations Manag _ Office Manager Customer Se Represen P,6A3 o FggiV Supervis Recycling Route Drivers (12) Facility Crew 11 Leader (1) II RQ11t�Supervisor (Coin✓✓m. Collections) 0ollections ivers (7) Senior Supervisor (Recycling Collections) Recycling Crew LLeader (1) Bulk Truck (1) Financial Analyst Assistant RTC Ops Manager Commercial Crew I Leader (1) Roll off Drivers (2) Route Supervisor I Trash Collections) Yard Waste Route Drivers (4) FCa rt 1 Trash Route Drivers (7) Delivery (1j Relief Drivers (6) Page 201 of 594 RFP 24-08, Addendum 1 CITY OF FAYETTEVILLE Date: Thursday, April 4, 2024 ' A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: RFP 24-08 — Recycling and Trash Collection Rate Study This addendum is hereby made a part of the contract documents to the same ext as though it were originally included therein. Interested parties should indicate their receipt of same I ppropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGN D ATION ON THE BID PORTAL/FORM. 1. Clarifications: G ✓ a. The following items will NOT count tp he 25-ptatio i. Cover and Cover Letter �` ii. Appendix/Table of Con iii. Resumes (shall be n than &agper pe 4F Iv. References v. City provided f b. Cost Proposal shal e Inc u d as pa t of th esponse. 2. PROPOSAL DEADLINE HAS EE�f END DNoposals shall be received by Tuesday, April 16th before ;r12:00 PM, local time. �( Cj City of Fayetteville, AR RFP 2 4- 0 8, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 202 of 594 RFP 24-08, Addendum 2 CITY OF IV FAYETTEVILLE Date: Tuesday, April 9, 2024 A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: RFP 24-08 — Recycling and Trash Collection Rate Study This addendum is hereby made a part of the contract documents to the same ext t as though it were originally included therein. Interested parties should indicate their receipt of same I ppr0priate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGN ATION ON THE BID PORTAL/FORM. ftor 1. Questions: The following questions have been recA'nd ansl& by the corresponding department: a. Question: Will the project require a �i ncil pre n? If should this be included in the proof work and budget? project scope p g i. Answer: Yes, there will be ity uncil tation and should be included with proposal. b. Question: What is the refe pr ct sche le ngth? i. Answer: It ated 6- onths to c. Question: Is there a co llable review beyond the conditions provided within the RFP? i. Answer: t d to t is endum is a draft Contract for this project. This is a draft; the final Co tr c will be t" d with awarded Proposer. G City of Fayetteville, AR RFP 2 4- 0 8, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 203 of 594 Aft CITY OF City of Fayetteville FAY E T T E V I L L E RFP 24-08, Recycling and Trash Collection Rate Study ARKANSAS Contract— Between City of Fayetteville, AR and **Contractor** This contract executed this day of , 2024, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and **Contractor** (CONTRACTOR) of ** Insert Address**, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the completion of a Recycling and Trash Collection Rate Study for the City of Fayetteville (the "Project"), as defined in the scope of work of RFP 24-08, Recycling and Trash Collection Rate 2. Contract Documents: The Contract documents which comprise th �ct between the City of Fayetteville and CONTRACTOR consist of this Contract and the fo cuments attached hereto, and made a part hereof: %� a b d Appendix A: Scope of Work & Fees U Appendix B: City Issued Solicitationfor FP 24-0®R!iandTrash Collection Rate Study Appendix C: CONTRACTOR's RFP i a Appendix D: CONTRACTOR's Cert is of Ins 3. Ci'R tys esponsibilities: A� - I a. The City shall make a to the Project whicl4 be entitled to re the City, including of whether such consul such information shall not be its o I 0 data all eval't information or data it has pertinent 2� erform the Services. CONTRACTOR shall co Wness of all information and data furnished by !l ing with other consultants employed by the City ;(;�vVTthe request of CONTRACTOR or otherwise. Where NtTier with the City or its consultants then CONTRACTOR for the consequences of any error or omission contained therein. V CT Wh q sted by CONTRACTOR, the City may engage specialist consultants directly to e items of work necessary to enable CONTRACTOR to carry out the Services. Whether ar ged by the City or CONTRACTOR, these services shall be deemed to be provided under direct contracts to the City unless expressly provided otherwise. If the City chooses not to engage specialist consultants, then the Parties will work cooperatively to modify the scope of services to reflect any reductions or additions to the services to be provided by CONTRACTOR. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 1 of 6 Page 204 of 594 c. The City shall give prompt consideration to all documentation related to the Project prepared by CONTRACTOR and whenever prompt action is necessary shall inform CONTRACTOR of City's decisions in such reasonable time so as not to delay the schedule for providing the Services. d. The City of Fayetteville's Environmental Director is the project representative with respect to the services to be performed under this Agreement. The Environmental Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. CONTRACTOR's Responsibilities: a. CONTRACTOR shall furnish the necessary qualified personnel ide the Services. CONTRACTOR represents that it has access to the experieededcin ability necessary to and agrees to perform the Services with the reasonable skill arequired by customarily accepted professional practices and pro dur s normal) the performance of the Services at the time when and the oc ' in e Services were performed. This undertaking does not imply or gu perfec �t a the event of failure or partial failure of the product or the Ser cONT ill b i only for its failure to exercise diligence, reasonable care, a essi ski . This d of care is the sole and exclusive standard of care that will plie e ure CO OR 's performance. There are no other representations rrant e essed or lie made by CONTRACTOR. In particular, but not by way li t ti , n ' . d warr merchantability or fitness for a particular purpose shall ap kervice providS NTRACTOR nor shall CONTRACTOR warrant or guarantee econom e� or fin PConditions, proforma projections, schedules for public agency approva f o other N eyond CONTRACTOR's reasonable control. I 5. Non -Assignment: CO T A TOR sfio ssign its duties under the terms of this agreement without prior written co?and t of e Cit . 6. Indemnif Hold Harmless: a. CTOR agrees to hold the City of Fayetteville harmless and indemnify the City of Fay tteville, but not defend, against any and all claims for property damage, personal injury or death, arising from CONTRACTOR's performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville may have against CONTRACTOR under this contract or arising from the performance or non- performance of the services under any theory of law, including but not limited to claims for City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 2 of 6 Page 205 of 594 negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against CONTRACTOR and not against any of CONTRACTOR's employees, officers or directors. Neither the City of Fayetteville nor CONTRACTOR shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 7. Insurance: CONTRACTOR shall furnish a certificate of insurance addressed City of Fayetteville within ten (10) calendar days after contract finalization, presenting iu n e which shall be maintained throughout the term of the Contract in compliance w ' terms of RFP 24-08. If applicable, CONTRACTOR shall require any subcontractor to pr i surance. In the event any employee engaged in work on the project u er his contr t i not protected under Worker's Compensation insurance, CONTRACTOR shall ro and fuse each subcontractor to provide adequate employer's liability insurance f ♦ e tect' of ei employees are not otherwise protected. Worker's Compensation cove gall b le e law. 8. Price: 71, G a. CONTRACTOR shall pe r the rvi include this proposal for a not -to -exceed fee of i. CONTRAC R sha rive,to mak i ns based on what is best for the City. As such, the CONTRA pensat' ructured as a not -to -exceed fee, with billing to be complete on nthly ba it completion of project. Monthly invoice shall include a brea f com I tasks and/or deliverables for the previous month. b. Additiona ervi r e q e t all outside the scope of this project shall be provided on a time -a terials basi su Ject to pre -approval. 9. Pa me a. P ents shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: All work as required in the Appendix A — Scope of work shall be completed within calendar days of contract approval from Fayetteville City Council. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 3 of 6 Page 206 of 594 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. CONTRACTOR may retain reproduced copies of drawings and copies of other documents. b. All documents and records, whether in physical or electronic format, prepared by CONTRACTOR or its subconsultant as part of the Project shall become the property of City; provided, however, that CONTRACTOR shall have the unrestricted right to their use. c. CONTRACTOR shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall r in the property of CONTRACTOR. d. CONTRACTOR will rant the City, the State of Arkansas t `Q..nited States of America a g Y, royalty -free, non- exclusive and irrevocabl ense to publis;�roduce and use, and dispose of in any manner and for any purpose wit lmita or1pd to authorize or ratify publication, reproduction or use by others, of pl rightabl rial fi produced or composed under this agreement b the contrac ern e�.6r a ividual or concern specifically g Y � p Y employed or assigned to origi� d pr are ch ma 12. Independent Contractor: CO R i in end co ractor of the City and shall maintain complete responsibility for able a or feder n unemployment insurance, withholding taxes, social security, o dustrial, bor or di ation law for its employees. CONTRACTOR is responsible for its agents, ub-co b aSts, meth d operations. 4C 13. Notices: Any notice req 'red e given tdp this Agreement to either party to the other shall be sufficient if address maile tified mail, postage paid, delivery, e-mail or fax (receipt • confirmed), or overni h urier ` G 14. Freedom o f tion Act: City of Fayetteville contracts and documents prepared while performing city co t work are subject to the Arkansas Freedom of Information Act. If a Freedom of Informat Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or CONTRACTOR for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 4 of 6 Page 207 of 594 of this agreement, the City shall pay CONTRACTOR for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representati6e�h I be the Contract Administrator for this contract. CONTRACTOR's Principal or their Desi epresshall be the primary contact for all matters pertaining to this contract.(�j 19. Professional Responsibility: CONTRACTOR shall(e)ise r a le skill, care, and diligence in the performance of services and will carry ou i es onsibili '�acco nce with customarilyaccepted p Y t �p p professional practices. 20. Permits & Licenses: CONTRACTOR ZP7.c ure a d intain y 11 permits and licenses required to complete this Contract. 21. Publications: Recognizi portanc f professi rvelopment on the part of CONTRACTOR'S employees and the impo ance N RACTOR' relations CONTRACTOR may prepare publications, such as technica , article °riodicals, promotional materials, and press releases, in electronic or other for at, ining to ACTOR's services for the Project. Such publications will be provided to Cl O YETTE I n draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE sha r ' w s + N omptly and provide CITY OF FAYETTEVILLE's comments to CONTRACTOR T OF AYETT ILL may require deletion of proprietary data or confidential informatio r ch publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approv . ved materials may be used in a variety of situations and do not require additional review or proval for each use. The cost of CONTRACTOR's activities pertaining to any such publication shall be for CONTRACTOR's account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and CONTRACTOR and may be modified only by a duly executed written instrument signed by the City of Fayetteville and CONTRACTOR In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix B shall control. City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 5 of 6 Page 208 of 594 23. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay CONTRACTOR for services actually rendered. 24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. Debarment Certification: CONTRACTOR hereby provides debarmeesno c tification indicating compliance with the below Federal Executive Order. Federal Exec(E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individualing federal funds, and all sub -recipients certify that the organization and i prl cipals are no, suspended, proposedfor debarment, declared ineligible, or voluntarily a cl by ;&at al department or agency from doing business with the Federal Government- ZACTORits principal is not presently 25 debarred, suspended, proposed for participation in this transaction by and IN WITNESS WHEREOF, CITY OF FA by its authorized officer has made 4 CITY OF FAYETTEVIL By: LIONELD JORDAN, MAYOR v ATTEST: By: Kara Paxton, City Clerk Date Signed: City of Fayetteville, AR RFP 24-08, Recycling and Trash Collection Rate Study Contract: ** Contractor ** Page 6 of 6 or voluntarily excluded from )7gh its Mayor, and ** CONTRACTOR ** he day and year first above written. N�b✓ By: k NAME OF AUTHORIZED SIGNER, TITLE Date Signed: Page 209 of 594 RFP 24-08, Addendum 3 CITY OF FAYETTEVILLE Date: Monday, April 15, 2024 ' A R KA N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: RFP 24-08 — Recycling and Trash Collection Rate Study This addendum is hereby made a part of the contract documents to the same ext as though it were originally included therein. Interested parties should indicate their receipt of same I ppropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGN D ATION ON THE BID PORTAL/FORM. ftor 1. Questions: The following questions have been recA'nd anslZid by the corresponding department: V a. Question: Is this study a regular rate4/ tion and ng st or some other factors are the p im etus behind this? 4+�4' 'U_i. Answer: Yes, this is a re� to v icc and ing study. b. Question: Is the address vice to an? s a to validation analysis required as part of the project?► i. Answer: Y ss and s 'ce data n. c. Question: Will the emp e u t i I i r data be available? Or will an analysis to determine this be required? I i. Answer: s,, t data w' available. d. Question: the ensitiQtya%1�lysis, are the factors and time span known? Or will an interaction - effect a s of determhe dominant factors and their relationships be required? swer: Yes, the factors and time span are known. e. Que ion: Is there a routing system in place with historical routes, times, and resources data? i. Answer: Yes. f. Question: Is the analysis of business processes of DPW affecting the services management, billing and other processes are of interest? i. Answer: No. City of Fayetteville, AR RFP 2 4- 0 8, Addendum 3 Page 112 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 210 of 594 g. Question: Is the analysis to set equity basis (segmentation) for the customer type part of the analysis? For example, certain customer types may be given discounts, and some may be charged more for the same service. i. Answer: Yes, information about equity impacts would be beneficial. h. Question: Are the policies defining the feasibility of the ranges of the rate available? For example, is there a policy stating that a new rate for the curbside collection for a single-family home cannot exceed X% compared to the current rate? i. Answer: No, the City does not have a policy regarding this. i. Question: What is the expected timeframe to get this study done? Are there any significant deadlines that need to be met? i. Answer: Please refer to Addendum 2. There are no specific d for this project. n G C�i G O � D� G City of Fayetteville, AR RFP 24-08, Addendum 3 Page 212 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 211 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-328 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.02 and 167.04. The proposed code changes would modify development requirements associated with tree preservation requirements. (Originally heard with ADM-2024-0028). RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending §166.02, Development Review Process and 167.04 Tree Preservation and Protection. BACKGROUND: In 2021, major ordinance changes were approved by City Council to revamp drainage and development standards, with a secondary goal of incentivizing infill. The changes that were approved required new green stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from a question of use and tied those requirements instead to the overall impact to stormwater. This introduced three new levels of development threshold and shifted the requirement of a large-scale development plan or a site improvement plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In the intervening period since 2021, staff audited the outcomes of these changes, and identified four main areas that require revision and clarification. Those areas for study, and their current status, are listed below. Parkland Dedication o Certain project types were no longer subject to parkland dedication, even though the impact of added units is significant. Proposed ordinance changes were already evaluated, reviewed, and approved by City Council on May 21, 2024. Project Classification o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross -divisional round of review/comment leading to delays unforeseen issues at permitting. These changes are still pending Planning Commission review and approval, though staff anticipates they will be heard by the Planning Commission on July 22, 2024. A separate item will be brought forth with these changes. Application of Tree Preservation standards o Certain projects are no longer subject to tree preservation requirements. Staff and the Planning Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 212 of 594 Commission are recommending changes to this ordinance with this item, and they are described below. Timeliness of Variances and Appeals o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This becomes an issue when certain development types are no longer subject to large-scale development or site improvement plan. Staff and the Planning Commission are recommending changes to this ordinance which will be heard at the July 16 City Council meeting. DISCUSSION: Application of Tree Preservation standards: To address tree preservation concerns, staff, the Long -Range Planning Committee, and the Planning Commission propose requiring an abbreviated tree preservation plan to projects adding between 1,200 and 6,000 sq. ft. of impervious surface. Urban Forestry staff have found that larger, multi -unit structures on smaller infill sites are no longer required to perform any tree preservation, mitigation, or even escrow, even if the impact to the canopy is significant. To help alleviate concerns about requiring additional tree preservation to smaller sites, staff also recommends an option for projects within this threshold to be evaluated for a tree escrow contribution. At the June 24, 2024 Planning Commission meeting, Commissioners voted 7-1-0 to forward the proposed ordinance changes to the City Council with a recommendation of approval. Commissioner Garlock made the motion, which was seconded by Commissioner Cabe; Commissioner Brink voted in opposition. Commissioners considered how to balance any potentially negative effects of adding tree preservation requirements to smaller infill projects, ultimately finding that the language offered to consider escrow for smaller projects was acceptable. When asked, Urban Forestry and Planning staff clarified that the proposed tree preservation changes were meant to protect the integrity of the scaled approach to tree preservation in the City (with a priority for preservation, mitigation, and finally escrow), but offer payment into escrow for trees that could not be preserved as an option for earlier consideration for those smaller projects. One member of the public spoke at the meeting with concerns about the effects of proposed changes on infill with regards to the proposed development thresholds (which were not under consideration at the June 24 meeting), and concerns that requiring an abbreviated tree preservation plan for projects between 1,200 and 6,000 sq. ft. of impervious surface would lead to project delays and disincentivize infill. The member of the public wanted escrow to be considered as the primary option for those projects. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Proposed Ordinance — Exhibit "A" (#4), Proposed Ordinance Amendment in Strikeout/Highlight (#5), Planning Commission Staff Report (#6), Urban Forestry Advisory Board Support for Code Changes - Final (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 213 of 594 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-328 Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.02 and 167.04. The proposed code changes would modify development requirements associated with tree preservation requirements. (Originally heard with ADM-2024- 0028). AN ORDINANCE TO AMEND § 166.02 DEVELOPMENT REVIEW PROCESS AND § 167.04 TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO MODIFY DEVELOPMENT REQUIREMENTS ASSOCIATED WITH TREE PRESERVATION REQUIREMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02 Development Review Process (E)(2) Level 2 and enacts a new § 166.02 (A) as follows: Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage/ Water Quality, Flood, and Tree Threshold Standard Stormwater Documentation Mitigation Measures Level 1 < or = Exempt from Grading and DrainageExempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction viaBetter Site Design Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance (OPractices (GSPs) measures from & M) Agreement to ensure the long -Step 2 of Table 2 as required to term functionality of these treat 100% of the proposed practices. additional impervious and grave areas. • Abbreviated Tree Preservation Plan Level 3 6,001 Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures fro Page 1 Page 214 of 594 Ordinance: File Number: 2024-328 of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And Protection During Development (A)(11) and enacts a new § 167.04 (A)(11) as follows: "Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in § 167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And Protection During Development (A)(12)(a) and enacts a new § 167.04 (A)(12)(a) as follows: "Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And Protection During Development (H)(3) and enacts a new § 167.04 (H)(3) as follows: "Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above - mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Page 2 Page 215 of 594 Ordinance: File Number: 2024-328 Preservation And Protection During Development (J)(4) and enacts a new § 167.04 (J)(4) as follows: "(a) Developments proposed as building permits under Level 2 as outlined in § 166.02 (E)(2) are eligible for contribution to the tree escrow account as an option. (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of -way detention ponds, common areas or other areas where trees can be protected and have ahigh probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to § 167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. 0) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And Protection During Development (L)(1) and enacts a new § 167.04 (L)(1) as follows: "Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing trees are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the Page 3 Page 216 of 594 Ordinance: File Number. 2024-328 minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice." Page 4 Page 217 of 594 City of Fayetteville Staff Review Form 2024-328 Item ID 7/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 6/28/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.02 and 167.04. The proposed code changes would modify development requirements associated with tree preservation requirements. (Originally heard with ADM-2024-0028). Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 218 of 594 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-12 09:44:49 [EST] Page 1 of 5 Page 219 of 594 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 2 of 5 Page 220 of 594 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 3 of 5 Page 221 of 594 Level 1 < or = 1,200 sf of IA Exempt from Grading and Drainage provisions except for those still associated with the Building Permit process such as HHOD Exempt Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. • Abbreviated Tree Preservation Plan Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 4 of 5 Page 222 of 594 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 5 of 5 Page 223 of 594 167.04 Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Persons seeking to construct 1,200square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 1 of 11 Page 224 of 594 (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or city policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note —The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R-A, Residential — Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential — One -Half Unit per Acre 25% RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential — Seven Units per Acre 20% (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 2 of 11 Page 225 of 594 RSF-8, Single-family Residential — Eight Units per Acre 20% RSF-18, Single-family Residential — Eighteen Units per Acre 20% R-0, Residential — Office 20% RI-12, Residential Intermediate — Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential — Eighteen Units per Acre 20% RMF-24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40, Multi -family Residential — Forty Units per Acre 20% NS-L, Neighborhood Services — Limited 20% NS-G, Neighborhood Services — General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior Tree Removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 3 of 11 Page 226 of 594 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 4 of 11 Page 227 of 594 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 5 of 11 Page 228 of 594 (j) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 6 of 11 Page 229 of 594 (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (Supp. No. 32) (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. Created: 2024-04-03 16:33:57 [EST] Page 7 of 11 Page 230 of 594 (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (Supp. No. 32) (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. Created: 2024-04-03 16:33:57 [EST] Page 8 of 11 Page 231 of 594 (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green fagade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits creating between 1,201— 6000 square feet of impervious surface under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the tree escrow account as an option. (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section: (Supp. No. 32) (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; Created: 2024-04-03 16:33:57 [EST] Page 9 of 11 Page 232 of 594 (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 10 of 11 Page 233 of 594 the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 , §9(Exh. D), 6-15-21) (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 11 of 11 Page 234 of 594 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-12 09:44:49 [EST] Page 1 of 5 Page 235 of 594 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 2 of 5 Page 236 of 594 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 3 of 5 Page 237 of 594 Level 1 < or = Exempt from Grading and Drainage Exempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. • Abbreviated Tree Preservation Plan Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 4 of 5 Page 238 of 594 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-12 09:44:49 [EST] Page 5 of 5 Page 239 of 594 167.04 Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than b-,9BA-1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision.-G,,, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Persons seeking to construct 67000 1,200-square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 1 of 11 Page 240 of 594 (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or city policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note —The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R-A, Residential — Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential — One -Half Unit per Acre 25% RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential — Seven Units per Acre 20% (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 2 of 11 Page 241 of 594 RSF-8, Single-family Residential — Eight Units per Acre 20% RSF-18, Single-family Residential — Eighteen Units per Acre 20% R-0, Residential — Office 20% RI-12, Residential Intermediate — Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential — Eighteen Units per Acre 20% RMF-24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40, Multi -family Residential — Forty Units per Acre 20% NS-L, Neighborhood Services — Limited 20% NS-G, Neighborhood Services — General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior Tree Removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 3 of 11 Page 242 of 594 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 4 of 11 Page 243 of 594 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 5 of 11 Page 244 of 594 (j) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between b-90-1 1,201-to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 6 of 11 Page 245 of 594 (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (Supp. No. 32) (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. Created: 2024-04-03 16:33:57 [EST] Page 7 of 11 Page 246 of 594 (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (Supp. No. 32) (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. Created: 2024-04-03 16:33:57 [EST] Page 8 of 11 Page 247 of 594 (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green fagade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the tree escrow account as an option. (ba) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c5) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (de) Money contributed under this section: (Supp. No. 32) (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; Created: 2024-04-03 16:33:57 [EST] Page 9 of 11 Page 248 of 594 (ii) Shall not revert to the general fund for ongoing operations. (ed) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (fe) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (gf) Refunds shall be paid to the , ^"^,^+yVh.. wade the eFlginal RtFib„tienthe present owner of the property that was the subject of new development and against which the fee was assessed and collected. (hg) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. Qh) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (ji) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale and small site improvements, commercial Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 10 of 11 Page 249 of 594 final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446, §9(Exh. D), 6-15-21) (Supp. No. 32) Created: 2024-04-03 16:33:57 [EST] Page 11 of 11 Page 250 of 594 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager City of Fayetteville Long Range Planning Committee MEETING DATE: June 24, 2024 Updated with results from 6/24/2024 PC Meeting SUBJECT: ADM-2024-0028: Administrative Item (Amend UDC Chapters 155, Appeals, 166.02, Development Review Process, 166.23, Urban Residential Design Standards, 167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 155, 166.02, 166.23, and 167.04. The proposed code changes would modify development requirements associated with appeals, architectural design standards, and tree preservation requirements. RECOMMENDATION: Staff recommend forwarding ADM-2024-0028 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward ADM-2024-0028 to the City Council with a recommendation of approval." BACKGROUND: In 2021, major ordinance changes were approved by City Council to revamp drainage and development standards, with a secondary goal of incentivizing infill. The changes that were approved required new green stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from a question of use and tied those requirements instead to the overall impact to stormwater. This introduced three new levels of development threshold and shifted the requirement of a large-scale development plan or a site improvement plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In the intervening period since 2021, staff audited the outcomes of these changes, and identified several areas that require revision and clarification. • Parkland Dedication o Certain project types were no longer subject to parkland dedication, even though the impact of added units is significant. • Project Classification o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross - divisional round of review/comment leading to delays unforeseen issues at permitting. • Application of Tree Preservation standards o Certain projects are no longer subject to tree preservation requirements. • Timeliness of Variances and Appeals o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This becomes an issue when certain development types are no longer subject to large-scale development or site improvement plan. Mailing Address: 113 W. Mountain Street Planni?V,Cb4�tMf�to fille-ar.gov Fayetteville, AR 72701 June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1� 251 of 594 Paqe 1 of 51 Recognizing immediate financial implications, staff proposed changes to the parkland dedication ordinance already, which were forwarded by the Planning Commission to the City Council. Those changes were approved by the City Council on May 21, 2024. At the May 13, 2024 Planning Commission, additional proposed changes to the remaining sections were brought forward by staff for the Commission's consideration, where they were tabled indefinitely with a vote of 5-2-0 in order to keep working on the item and understand the full context of the changes. Staff brought the items back to the Long -Range Planning Committee on May 23, 2024. At that meeting, the Long -Range Planning Committee agreed to bring forward proposed changes to the appeals section, the application of tree preservation standards, and text changes in the Urban Residential Design standards, which are presented for consideration here. Since the items have been separated out, staff is bringing forward a new item with just those pieces for the Commission's consideration. DISCUSSION: To address tree preservation concerns, staff and the Long -Range Planning Committee propose requiring an abbreviated tree preservation plan to projects adding between 1,200 and 6,000 sq. ft. of impervious surface. Urban Forestry staff have found that larger, multi -unit structures on smaller infill sites are no longer required to perform any tree preservation, mitigation, or even escrow, even if the impact to the canopy is significant. To help alleviate concerns about requiring additional tree preservation to smaller sites, staff also recommends an option for projects within this threshold to be evaluated for a tree escrow contribution. The City Attorney's office also recommends changes to the appeals section of code. Variances, as currently written in the appeals portion of code, can only be appealed with the overall project, such as an SIP, LSIP, or LSD. As certain projects no longer require these preliminary project approvals before permitting, variances can only be appealed once a permit is issued. Staff is recommending that variances can be appealed independently from an overall project, in those instances where an SIP, LSIP, or LSD, or other preliminary development entitlement approval is not required. Public Comment. Staff distributed the larger ordinance changes to key stakeholders within the development community. Feedback was received in relation to vested interest of projects that may already be in the pipeline, and feedback was received in relation to parkland dedication requirements. The City Attorney's office confirmed that vested interest in this or is any ordinance change happens at the time of an approved or issued permit. One Planning Commissioner suggested that the threshold could be shifted to the overall size of a structure rather than the amount of impervious surface. No additional written comment was offered, or alternative code changes suggested at this time. Public comment was also provided at the May 13, 2024 Planning Commission. Members of the public who spoke were more concerned about the proposed changes to the impervious surface thresholds, which are not under consideration at this time. No additional public comment has been received by staff. RECOMMENDATION: Staff recommend forwarding ADM-2024-0028 to City Council with a recommendation of approval. Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 252 of 594 Paqe 2 of 51 PLANNING COMMISSION ACTION Date: June 24, 2024 O Tabled Motion: Garlock Second: Cabe Vote: 7-1-0 Commissioner Brink o BUDGET/STAFF IMPACT: None Required YES 04 Forwarded O Denied with a recommendation of approval. Attachments: • Proposed Ordinance (Clean): • UDC §155, Appeals • UDC §166.02, Development Review Process • UDC §166.23, Urban Residential Design Standards • UDC §167.04, Tree Preservation and Protection • Proposed Ordinance (Strikethrough): • UDC §155, Appeals • UDC §166.02, Development Review Process • UDC §166.23, Urban Residential Design Standards • UDC §167.04, Tree Preservation and Protection Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 253 of 594 Paqe 3 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 CHAPTER 155: APPEALS CHAPTER 155: APPEALS 155.01 Circuit Court Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission, Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development Administrator shall be taken to the Circuit Court of Washington County. (Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991, §160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)) 155.02 Form/Time/Place Unless an appeal is filed with the court, the following requirements shall be met: (A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error and how the applicant is adversely impacted. (B) Time. (1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action taken. (2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal. (C) Place. Appeals shall be filed with the following: (1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk. (2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of Adjustment shall be filed with the Zoning and Development Administrator. (3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals , [for inspecting purposes] shall be filed with the Building Safety Division Director. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04) 155.03 Stay An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property. (Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98) 155.04 Council Member Appeal On Behalf Of Resident A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning Commission to approve subdivision requests (plats, lot splits), and development requests (large scale developments and large or small site improvement plans). Variances, compliance with applicable design standards, tree preservation plans and conditions of approval for any development shall be appealed as part of the approval or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 1 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 254 of 594 Page 4 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 plans and conditions of approval for any development not requiring approval by the Planning Commission or administrative approval by the Planning Division may be appealed independently. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342, §1, 8-4-20) 155.05 Appeals From Planning Commission Decisions (A) Appeals to City Council (1) Owners of record of the property being considered may appeal a decision by the Planning Commission to deny the following requests in accordance with the procedure set forth in §155.02: (a) Annexation; (b) Rezoning; (c) Required dedication and improvements of §155.06(C); (d) Subdivision (plats, lot splits, lot line adjustments); (e) Development (large scale development, large and small site improvement plans); (f) Vacations of street right-of-way. (2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval determined by the Planning Commission and any adverse decision by the Planning Commission concerning applicable design standards, tree preservation requirements, streamside protection requirements and variance requests as part of the conditions of an approved development request or the denial of such development request. Variances, compliance with applicable design standards, tree preservation plans and conditions of approval for any development not requiring approval by the Planning Commission or administrative approval by the Planning Division may be appealed independently. (3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning Commission approving or denying a conditional use request. (Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991, §§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20) 155.06 Appeals From Staff Interpretations And Actions (A) Appeals to City Council. (1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City Council by an owner of record of the property in question or a council member on behalf of a resident of the city. (2) The Zoning and Development Administrator's decision to deny a vacation of any public easement (whether constructed or not) or portion thereof may be appealed by the owner of record of the property. (B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an owner of record of the property in question or a council member on behalf of a resident of the city to the Board of Adjustment: (1) Zoning and Development Administrator. An interpretation or decision regarding zoning matters. Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 2 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 255 of 594 Paqe 5 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (2) Building Safety Officer —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165. (C) Appeals to the Planning Commission. (1) Zoning and Development Administrator's Required Dedications and Improvements. (a) An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within ten (10) days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether the required dedications, improvements, and fees meet the "rough proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the "rough proportionality," the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality." (c) Any potential reduction of impact fees must be approved by the City Council. (2) Administrative Approvals and Interpretations by Zoning and Development Administrator. (a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and Development Administrator regarding development matters that are approved administratively (as required by Chapter 166.02(C)) may appeal the final development approval decision affected by this matter to the Planning Commission. The appeal shall be submitted in writing to the Planning Division within ten (10) working days of the final decision. The appeal shall be limited to the applicable approval or denial criteria as follows: (i) The development plan is not submitted in accordance with the requirements of Chapter 166 of the Fayetteville Unified Development Code. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by Chapter 166 of the Fayetteville Unified Development Code. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development or preliminary plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off - site improvements. (b) The appellant must include in the letter of appeal the specific code section with which the development application does not comply. Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 3 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 256 of 594 Paqe 6 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (c) The Planning Commission shall determine after public hearing whether the interpretation or discretionary decision should be upheld or modified in part or in whole. (d) Any staff recommendation to approve or deny some or all of a requested street right-of-way vacation shall be considered by the Planning commission with recommendations to the City Council. (3) City Engineer and Flood Plain Administrator. (a) Development Matters. An interpretation or decision of the City Engineer or Floodplain Administrator regarding development matters, including grading, drainage, water and sanitary sewer systems, and storm drainage systems. (b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning Commission shall hear and decide an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Chapter 168. (c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the regulated uses, structures and activities, streamside boundary location or land use exemptions. (4) Zoning and Development Administrator's Interpretation or Decision of Other Development Matters. An interpretation or decision of the Zoning and Development Administrator regarding development matters including subdivisions, large scale developments, parking and loading, outdoor lighting, compliance with applicable design standards, or any other development matters. (5) Urban Forester -Landscape and Tree Preservation and Protection requirements. Decisions of the Urban Forester related to landscape and tree preservation and protection requirements. (D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and Appeals. (Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C., Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No. 2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88; Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C), 163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93, Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02; Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord. 5390, 3-1-11; Ord. No. 6343, §1(Exh. A), 8-4-20; Ord. No. 6446, §5, 6-15-21) 155.07 Appeals To The Housing Board -Mobile Homes And Mobile Home Parks (A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request and shall be granted a hearing on the matter before the Housing Board. (B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile home park are corrected, may request and be granted a hearing on the matter before the Housing Board. Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 4 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 257 of 594 Paqe 7 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day on which notice of suspension was served, such permit shall be deemed to have been automatically revoked at the expiration of such ten (10) days. (Code 1965, §171311.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16- 98) (Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4652, 12-07-04). 155.08 Appeals From The Construction Board Of Adjustments And Appeals If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02 (13)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02 (13)(8), the owner may appeal to the City Council. (Ord. No. 5019, 5-15-07) 155.09-155.99 Reserved Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 5 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 258 of 594 Paqe 8 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 1 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 259 of 594 Paqe 9 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 2 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 260 of 594 Paqe 10 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 3 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 261 of 594 Paqe 11 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 Level 1 < or = 1,200 sf of IA Exempt from Grading and Drainage provisions except for those still associated with the Building Permit process such as HHOD Exempt Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. • Abbreviated Tree Preservation Plan Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 4 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 262 of 594 Page 12 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 5 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 263 of 594 Page 13 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 166.23 Urban Residential Design Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality. (2) To create appealing street scenes so that development enhances the image of the city and provides safe, pedestrian -friendly neighborhood environments. (3) To minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the city's economic development. (4) To compose attractive residential facades that enhance the economic viability of and provide compatibility with surrounding property. (B) Applicability. All references to urban residential design standards shall include the following uses as permitted by right or conditional use in all zoning districts: (1) Two (2) family dwellings (2) Three (3) and four (4) family dwellings (3) Multi -family dwellings (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape. (2) Vehicular Access/Circulation/Parking. (a) Site access and internal circulation should promote pedestrian safety, efficiency, and convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation shall be provided throughout the site to the greatest extent possible creating a complete, compact, and connected transportation network both within the development and to the surrounding neighborhood. The visual impact of parking areas should be minimized by locating parking behind buildings and internal to the site. (i) Garage entries and carports shall not protrude forward from the principal facade. Driveways shall extend at least 18 feet into the property from the Master Street Plan right- of-way to allow parking to occur without encroaching into the right-of-way. (ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments should minimize multiple driveways and should utilize a shared access to reduce the number of vehicle conflicts at the street. (iii) On -street parallel parking may be provided on at least one (1) side of the street in front of all multi -family buildings where feasible. Each on -street parking space provided along the project frontage shall count toward the total required spaces for the development. (3) [Reserved.] (4) Pedestrian Circulation. (a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is visible from the street. This entry shall connect unobstructed to the public sidewalk where sidewalk exists in a manner to allow occupants to access from the interior of the structure to the city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet in width unless otherwise approved by the Zoning and Development Administrator in writing. The Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 1 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 264 of 594 Page 14 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for every two (2) street level dwellings. The pedestrian connection to the street may run from the door along the fagade of the building parallel to the street for a maximum of 12 feet from the door before connecting directly to the public sidewalk. (b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and commercial properties where sidewalks exist unless this requirement is otherwise waived by the Planning Commission. (5) Screening Requirements if Visible from the Highway/Street Right -of -Way. (a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened, except for air conditioning window units. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks, unless located in a utility easement. (b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash containers. Large multi- family urban residential developments typically will be required to provide adequate space for the placement of two (2) front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way. (c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural treatment consistent with the residential architecture, or a combination of the four of sufficient height to prevent the view of the screened items from the public right-of-way. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (D) Architectural Design Standards. (1) Intent. The intent of these building design standards is: (a) To ensure that urban residential buildings add to the character and quality of the community, offer a sense of security, and make a positive contribution to the life of the street. (b) To maximize the quality, value and longevity of urban residential neighborhoods. (c) To make housing appealing and comfortable for its inhabitants. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 2 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 265 of 594 Paqe 15 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (2) Construction and Appearance Design Standards for Urban Residential Development. (a) Building Form and Design. (i) In order to provide a variety in form and design, one (1) building type may not be utilized more than three (3) times in a development. Each building type shall be differentiated by variations in materials, colors and roof forms. (ii) Ancillary structures such as carports, garages, recreational buildings and storage structures shall be designed as an integral part of the project architecture. (iii) The following architectural elements shall be required of all principal facades that are greater than 48 feet wide along the street frontage: (a) Variations in materials; (b) Insets or other relief in the wall plane; (c) Incorporation of two or more of the following: (1) Balconies; (2) Bays or bay windows; (3) Porches; (4) Dormers; (5) Porticoes; (6) Turrets; or (7) Other architectural feature approved by the Zoning Development Administrator that meets the intent of the code. (iv) One (1) or more of the following architectural elements shall be required of all principal fagades that are 48 feet wide or less along the street frontage: (a) Balconies; (b) Bays or bay windows; (c) Porches; (d) Dormers; (e) Porticos; (f) Turrets; or (g) Other architectural feature approved by the Zoning and Development Administrator that meets the intent of the Code. (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements where unique circumstances exist and the effect will not adversely impact adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, §1, 4-2-19; Ord. No. 6357, §§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23) Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 3 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 266 of 594 Page 16 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 167.04 Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Persons seeking to construct 1,200square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 1 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 267 of 594 Page 17 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or city policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note —The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R-A, Residential — Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential — One -Half Unit per Acre 25% RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential — Seven Units per Acre 20% Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 2 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 268 of 594 Page 18 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 RSF-8, Single-family Residential — Eight Units per Acre 20% RSF-18, Single-family Residential — Eighteen Units per Acre 20% R-0, Residential — Office 20% RI-12, Residential Intermediate — Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential — Eighteen Units per Acre 20% RMF-24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40, Multi -family Residential — Forty Units per Acre 20% NS-L, Neighborhood Services — Limited 20% NS-G, Neighborhood Services — General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior Tree Removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 3 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 269 of 594 Paqe 19 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 4 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 270 of 594 Paqe 20 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 5 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 271 of 594 Paqe 21 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (j) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 6 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 272 of 594 Page 22 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 7 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 273 of 594 Paqe 23 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 8 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 274 of 594 Paqe 24 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green fagade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits creating between 1,201— 6000 square feet of impervious surface under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the tree escrow account as an option. (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 9 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 275 of 594 Paqe 25 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 10 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 276 of 594 Page 26 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028 the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 , §9(Exh. D), 6-15-21) Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 11 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 277 of 594 Paqe 27 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 CHAPTER 155: APPEALS CHAPTER 155: APPEALS 155.01 Circuit Court Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission, Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development Administrator shall be taken to the Circuit Court of Washington County. (Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991, §160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)) 155.02 Form/Time/Place Unless an appeal is filed with the court, the following requirements shall be met: (A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error and how the applicant is adversely impacted-. (B) Time. (1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action taken. (2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal. (C) Place. Appeals shall be filed with the following: (1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk. (2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of Adjustment shall be filed with the Zoning and Development Administrator. (3) Building Safety Division Director. Appeals made to the -Construction Board of Adjustment and Appeals BeaF d of Adjustment, [for inspecting purposes] shall be filed with the Building Safety Division Director. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04) 155.03 Stay An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property. (Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98) 155.04 Council Member Appeal On Behalf Of Resident A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning Commission to approve subdivision requests (plats, lot splits), and development requests (large scale developments and large or small site improvement plans). Variances, compliance with applicable design standards, tree preservation plans and conditions of approval for any development shall be appealed as part of the approval or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 1 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 278 of 594 Paqe 28 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 plans and conditions of approval for any development not requiring approval by the Planning Commission or administrative aaaroval by the Plannine Division may be aDDealed independently. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342, §1, 8-4-20) 155.05 Appeals From Planning Commission Decisions (A) Appeals to City Council (1) Owners of record of the property being considered may appeal a decision by the Planning Commission to deny the following requests in accordance with the procedure set forth in §155.02: (a) Annexation; (b) Rezoning; (c) Required dedication and improvements of §155.06(C); (d) Subdivision (plats, lot splits, lot line adjustments); (e) Development (large scale development, large and small site improvement plans); (f) Vacations of street right-of-way. (2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval determined by the Planning Commission and any adverse decision by the Planning Commission concerning applicable design standards, tree preservation requirements, streamside protection requirements and variance requests as part of the conditions of an approved development request or the denial of such development request. Variances, compliance with applicable design standards, tree preservation plans and conditions of approval for any development not requiring approval by the Planning Commission or administrative approval by the Planning Division may be appealed independently. (3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning Commission approving or denying a conditional use request. (Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991, §§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20) 155.06 Appeals From Staff Interpretations And Actions (A) Appeals to City Council. (1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City Council by an owner of record of the property in question or a council member on behalf of a resident of the city. (2) The Development Review Manag^~'&Zoning and Development Administrator's decision to deny a vacation of any public easement (whether constructed or not) or portion thereof may be appealed by the owner of record of the property. (B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an owner of record of the property in question or a council member on behalf of a resident of the city to the Board of Adjustment: Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 2 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 279 of 594 Paqe 29 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (1) Development Review 4GnGger—",,^� ngZoninp and Development Administrator. An interpretation or decision regarding zoning matters. (2) Building Safety Officer —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165. (C) Appeals to the Planning Commission. (1) Development Review 4Gn,.geT4Zoning and Development Administrator's Required Dedications and Improvements. (a) An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within ten (10) days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether the required dedications, improvements, and fees meet the "rough proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the "rough proportionality," the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality." (c) Any potential reduction of impact fees must be approved by the City Council. (2) Administrative Approvals and Interpretations by Development Review h4anageFZoninq and Development Administrator. (a) A resident of the city or an owner/developer who is aggrieved by a decision of the D^v;t Zoning and Development Administrator regarding development matters that are approved administratively (as required by Chapter 166.02(C)) may appeal the final development approval decision affected by this matter to the Planning Commission. The appeal shall be submitted in writing to the Planning Division within ten (10) working days of the final decision. The appeal shall be limited to the applicable approval or denial criteria as follows: (i) The development plan is not submitted in accordance with the requirements of Chapter 166 of the Fayetteville Unified Development Code. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by Chapter 166 of the Fayetteville Unified Development Code. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development or preliminary plat and the developer has made no provision for extending such service to the development. Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 3 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 280 of 594 Paqe 30 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off - site improvements. (b) The appellant must include in the letter of appeal the specific code section with which the development application does not comply. (c) The Planning Commission shall determine after public hearing whether the interpretation or discretionary decision should be upheld or modified in part or in whole. (d) Any staff recommendation to approve or deny some or all of a requested street right-of-way vacation shall be considered by the Planning commission with recommendations to the City Council. (3) City Engineer and Flood Plain Administrator. (a) Development Matters. An interpretation or decision of the City Engineer or Floodplain Administrator regarding development matters, including grading, drainage, water and sanitary sewer systems, and storm drainage systems. (b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning Commission shall hear and decide an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Chapter 168. (c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the regulated uses, structures and activities, streamside boundary location or land use exemptions. (4) Deveiepn9ent Review A4GnGge44Zoninq and Development Administrator's Interpretation or Decision of Other Development Matters. An interpretation or decision of the n,,,,,,i,,.,... eRt Review M-,.,ag rZoning and Development Administrator regarding development matters including subdivisions, large scale developments, parking and loading, outdoor lighting, compliance with applicable design standards, or any other development matters. (5) Urban Forester -Landscape and Tree Preservation and Protection requirements. Decisions of the Urban Forester related to landscape and tree preservation and protection requirements. (D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and Appeals. (Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C., Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No. 2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88; Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C), 163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93, Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02; Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord. 5390, 3-1-11; Ord. No. 6343, §1(Exh. A), 8-4-20; Ord. No. 6446, §5, 6-15-21) 155.07 Appeals To The Housing Board -Mobile Homes And Mobile Home Parks (A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request and shall be granted a hearing on the matter before the Housing Board. Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 4 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 281 of 594 Paqe 31 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile home park are corrected, may request and be granted a hearing on the matter before the Housing Board. (C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day on which notice of suspension was served, such permit shall be deemed to have been automatically revoked at the expiration of such ten (10) days. (Code 1965, §17611.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16- 98) (Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4652, 12-07-04). 155.08 Appeals From The Construction Board Of Adjustments And Appeals If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02 (13)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02 (13)(8), the owner may appeal to the City Council. (Ord. No. 5019, 5-15-07) 155.09-155.99 Reserved Created: 2023-12-07 10:27:01 [EST] (Supp. No. 31) Page 5 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 282 of 594 Paqe 32 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 1 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 283 of 594 Page 33 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 2 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 284 of 594 Paqe 34 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 3 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 285 of 594 Paqe 35 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 Level 1 < or = Exempt from Grading and Drainage Exempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. • Abbreviated Tree Preservation Plan Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 4 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 286 of 594 Page 36 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) Created: 2024-06-12 09:44:49 [EST] (Supp. No. 33) Page 5 of 5 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 287 of 594 Page 37 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 166.23 Urban Residential Design Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality. (2) To create appealing street scenes so that development enhances the image of the city and provides safe, pedestrian -friendly neighborhood environments. (3) To minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the city's economic development. (4) To compose attractive residential facades that enhance the economic viability of and provide compatibility with surrounding property. (B) Applicability. All references to urban residential design standards shall include the following uses as permitted by right or conditional use in all zoning districts: (1) Two (2) family dwellings (2) Three (3) and four (4) family dwellings (3) Multi -family dwellings (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape. (2) Vehicular Access/Circulation/Parking. (a) Site access and internal circulation should promote pedestrian safety, efficiency, and convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation shall be provided throughout the site to the greatest extent possible creating a complete, compact, and connected transportation network both within the development and to the surrounding neighborhood. The visual impact of parking areas should be minimized by locating parking behind buildings and internal to the site. (i) Garage entries and carports shall not protrude forward from the principal facade. Driveways shall extend at least 18 feet into the property from the Master Street Plan right- of-way to allow parking to occur without encroaching into the right-of-way. (ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments should minimize multiple driveways and should utilize a shared access to reduce the number of vehicle conflicts at the street. (iii) On -street parallel parking may be provided on at least one (1) side of the street in front of all multi -family buildings where feasible. Each on -street parking space provided along the project frontage shall count toward the total required spaces for the development. (3) [Reserved.] (4) Pedestrian Circulation. (a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is visible from the street. This entry shall connect unobstructed to the public sidewalk where sidewalk exists in a manner to allow occupants to access from the interior of the structure to the city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet in width unless otherwise approved by the Zoning and Development Administrator in writing. The Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 1 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/qg� 288 of 594 Page 38 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for every two (2) street level dwellings. The pedestrian connection to the street may run from the door along the fagade of the building parallel to the street for a maximum of 12 feet from the door before connecting directly to the public sidewalk. (b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and commercial properties where sidewalks exist unless this requirement is otherwise waived by the Planning Commission. (5) Screening Requirements if Visible from the Highway/Street Right -of -Way. (a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened, except for air conditioning window units. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks, unless located in a utility easement. (b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash containers. Large multi- family urban residential developments typically will be required to provide adequate space for the placement of two (2) front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way. (c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural treatment consistent with the residential architecture, or a combination of the four of sufficient height to prevent the view of the screened items from the public right-of-way. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (D) Architectural Design Standards. (1) Intent. The intent of these building design standards is: (a) To ensure that urban residential buildings add to the character and quality of the community, offer a sense of security, and make a positive contribution to the life of the street. (b) To maximize the quality, value and longevity of urban residential neighborhoods. (c) To make housing appealing and comfortable for its inhabitants. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 2 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 289 of 594 Paqe 39 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (2) Construction and Appearance Design Standards for Urban Residential Development. (a) Building Form and Design. (i) In order to provide a variety in form and design, one (1) building type may not be utilized more than three (3) times in a development. Each building type shall be differentiated by variations in materials, colors and roof forms. (ii) Ancillary structures such as carports, garages, recreational buildings and storage structures shall be designed as an integral part of the project architecture. (iii) The following architectural elements shall be required of all principal facades that are greater than 48 feet wide along the street frontage: (a) Variations in materials; (b) Insets or other relief in the wall plane; (c) Incorporation of two or more of the following: (1) Balconies; (2) Bays or bay windows; (3) Porches; (4) Dormers; (5) Porticoes; (6) Turrets; or (7) Other architectural feature approved by the Zoning Development Administrator that meets the intent of the code. (iv) One (1) or more of the following architectural elements shall be required of all principal fagades that are 48 feet wide or less along the street frontage: (a) Balconies; (b) Bays or bay windows; (c) Porches; (d) Dormers; (e) Porticos; (f) Turrets; or (g) Other architectural feature approved by the Development Review M-,.,ag r Zoning and Development Administrator that meets the intent of the Code. (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements where unique circumstances exist and the effect will not adversely impact adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, §1, 4-2-19; Ord. No. 6357, §§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23) Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 3 of 3 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 290 of 594 Paqe 40 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 167.04 Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than b-,9BA-1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision.-G,,, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Persons seeking to construct 67000 1,200-square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 1 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 291 of 594 Paqe 41 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or city policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note —The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R-A, Residential — Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential — One -Half Unit per Acre 25% RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential — Seven Units per Acre 20% Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 2 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 292 of 594 Paqe 42 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 RSF-8, Single-family Residential — Eight Units per Acre 20% RSF-18, Single-family Residential — Eighteen Units per Acre 20% R-0, Residential — Office 20% RI-12, Residential Intermediate — Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential — Eighteen Units per Acre 20% RMF-24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40, Multi -family Residential — Forty Units per Acre 20% NS-L, Neighborhood Services — Limited 20% NS-G, Neighborhood Services — General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior Tree Removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 3 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 293 of 594 Paqe 43 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 4 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 294 of 594 Paqe 44 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 5 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 295 of 594 Paqe 45 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (j) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between b-90-1 1,201-to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 6 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 296 of 594 Paqe 46 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 7 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 297 of 594 Page 47 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 8 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 298 of 594 Paqe 48 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green fagade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the tree escrow account as an option. (ba) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c5) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (de) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 9 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 299 of 594 Paqe 49 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 (ii) Shall not revert to the general fund for ongoing operations. (ed) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (fe) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (gf) Refunds shall be paid to the , ^"^,^+yVhe- wade the eFlginal RtFib„tienthe present owner of the property that was the subject of new development and against which the fee was assessed and collected. (hg) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. Qh) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (ji) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale and small site improvements, commercial Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 10 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 300 of 594 Paqe 50 of 51 UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028 final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446, §9(Exh. D), 6-15-21) Created: 2024-04-03 16:33:57 [EST] (Supp. No. 32) Page 11 of 11 Planning Commission June 24, 2024 ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 1P/q9� 301 of 594 Paqe 51 of 51 Received From: Jonathan Curth 08/01/2024 3:15 PM To: Mayor Jordan and the City Council From: Urban Forestry Advisory Board 113 West Mountain Street Fayetteville, AR 72701 Subject: Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.02 and 167.04. The proposed code changes would modify development requirements associated with tree preservation requirements. (Originally heard with ADM-2024-0028) Dear City Council Members and Mayor Jordan, As a board with a primary focus on Arboricultural issues impacting the City of Fayetteville, we bring a wealth of expertise to our advisory role. Over the past two years, we have thoroughly reviewed the proposed code changes and believe that making projects with 1,201 square feet of new impervious area subject to abbreviated tree preservation plans is a crucial step. If approved, we are confident that this change will enhance our urban landscape and promote environmental stewardship. One of the biggest challenges of urban forests is the constant threat of tree removal for development. We understand that development is needed, but also have an acute understanding of the importance of trees. We also know that if developers are considerate of the environment, they can balance preservation, development, and profitability. If we continue to allow the status quo, we will lose canopy and the ecosystem benefits from trees removed during development activities. If we lose canopy from the development of single-family homes, duplexes, and triplexes, we are not supporting a livable City and will look back upon our decisions with regret. Fayetteville's natural environment is a key attraction for many who are moving to the City. If we continue to allow a large segment of development to occur without tree preservation review, we risk undermining our long-term economic prosperity. We cannot continue to treat trees as disposable inanimate objects; if we do, our future will be a desolate, unlivable environment. Trees need to win on occasion, and this would be a win for trees. We, the Urban Forestry Advisory Board, officially advise the City Council and the Mayor to support this code change. We stand firmly in support of our urban trees and the people of Fayetteville. Our commitment to this cause is unwavering, and we will continue to advocate for the protection of Page 302 of 594 urban trees and to balance development and the preservation of the natural environment. This code change will assist in striking this balance and ensuring Fayetteville is poised for responsible growth into the future. Respectfully, Carlo Bertani - Chair Urban Forestry Advisory Board Page 303 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-297 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: RZN-2024-0026: Rezoning (WEST OF 2910 N. OLD WIRE RDILIVINGSTON SUBDIVISION, 254): Submitted by JORGENSEN AND ASSOCIATES for property located WEST OF 2910 N. OLD WIRE RD in WARD 3. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.87 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in east Fayetteville, roughly 700 feet west of the intersection of N Crossover Rd. and N Old Wire Rd. The overall property was rezoned to NC, Neighborhood Conservation and R-A, Residential Agricultural on April 18, 2023 (RZN-2023-0004). The current request only applies to a 1.87-acre portion adjacent to N. Old Wire Rd. A preliminary plat was approved by the Planning Commission on July 10, 2023 (PPL-2023-0003) and an associated grading permit was issued on January 18, 2024. Associated infrastructure is currently under construction. Request: The request is to rezone 1.87 acres from NC, Neighborhood Conservation to RSF-18, Residential Single -Family, Eighteen Units per Acre. Public Comment: During the initial rezoning request in 2023, staff received one comment in favor and thirteen (13) comments opposed to the request, citing traffic, environmental concerns, impacts on home values and neighborhood character, and insufficient existing infrastructure. Prior to the Planning Commission, staff received a general inquiry but no comments specifically in favor or opposed to the new request. Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context. Neighboring properties are a variety of sizes, uses, and densities (though with large areas of RSF-4, Residential Single -Family, Four Units per Acre) and generally follow a cul-de-sac development pattern. When the overall property was rezoned in 2023, the applicant downzoned 5.75 acres from RSF-4 to R- A, Residential Agricultural to limit development potential in environmentally sensitive areas. This downzone was paired with higher density in the remainder of the site. Staff notes that further increasing development intensity further along N. Old Wire Rd. is likely to have minimal impact on surrounding low density Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 304 of 594 neighborhoods given the large area of transitional NC, Neighborhood Conservation remaining. The existing and proposed zoning districts both include an urban form build -to -zone of 0-25 feet. Rezoning from NC to RSF-18 will decrease the minimum lot size for single and two-family uses from 4,000 sf to variable widths based on uses (1,250 square feet for townhouses and 2,500 square feet for one- and two-family dwellings). The minimum lot width would also be reduced from 40 feet to 30 feet. Both districts include a three- story height limit. Since the subject property contains roughly 1.87 acres of NC, a maximum of eighteen (18) units are permitted under current entitlements where the proposed zoning would increase the density cap to thirty-three (33) units. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. While the area could benefit from a mixed -use district such as NS-L, Neighborhood Services Limited given the lack of commercial services in the area, staff notes that the narrow width of the rezoning request may not lend itself to commercial development and that additional residential density could support future commercial uses in the area. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from NC to RSF-18 serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill, Goal #2 — We will discourage suburban sprawl, Goal #4 — Growing a Livable Transportation Network, and Goal #6 — Create Opportunities for Attainable Housing. The site scores relatively low on the Infill Scoring Matrix (see below). The existing and proposed zoning districts have identical uses by right and similar conditional uses. The Future Land Use Map designates this portion of the site as a "Residential Neighborhood Area" — a designation which supports a wide variety of housing types of appropriate scale and context, including single-family, duplexes, rowhouses, multifamily and accessory dwelling units. The existing NC zoning would create a transition area between the denser development adjacent to N. Old Wire Rd. and larger lots further away from the corridor, and the creation of smaller lots could encourage smaller, more affordable residential units. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 4=6 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station #5, 2979 N Old Wire Rd.) 2. Near Sewer Main (8" sewer main, N Old Wire Rd.) 3. Near Water Main (6" water main, N Old Wire Rd.) 4. Near Public School (Butterfield Trail Elementary School) 5. Near City Park (Gulley Park) 6. Near Paved Trail (Niokaska Creek Trail) DISCUSSION: At the June 24, 2024 Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner motioned and Commissioner McGetrick seconded. The commissioners in favor of the request cited a modest increase in density and the fact that any revised plans will require additional staff review. Commissioner Garlock voted against the rezoning, citing the area's low infill score and traffic concerns. Six members of the public stated opposition to the request during the meeting, citing concerns about increased impervious surface, current drainage problems in the area, increased traffic on a narrow road, impact to public schools, environmental impacts and inconsistencies with the number of proposed lots. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), Pre And Post -Development Topography Exhibits (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 305 of 594 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 306 of 594 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-297 RZN-2024-0026: Rezoning (WEST OF 2910 N. OLD WIRE RD/LIVINGSTON SUBDIVISION, 254): Submitted by JORGENSEN AND ASSOCIATES for property located WEST OF 2910 N. OLD WIRE RD in WARD 3. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.87 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-26 FOR APPROXIMATELY 1.87 ACRES LOCATED WEST OF 2910 NORTH OLD WIRE ROAD IN WARD 3 FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RSF-18, Residential Single Family, Eighteen Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 307 of 594 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-297 Item ID 7/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/28/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0026: Rezoning (WEST OF 2910 N. OLD WIRE RD/LIVINGSTON SUBDIVISION, 254): Submitted by JORGENSEN AND ASSOCIATES for property located WEST OF 2910 N. OLD WIRE RD in WARD 3. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.87 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 308 of 594 RZN-2024-0026 WEST OF 2916 N. OLD WIRE RZN-2024-0026 Close Up view RD EXHIBIT'A' ■ ■ ■4 W J � m RSF-4 Y O RAWBERRY•DR z J OrC OC W m W D i41b Regional Link Neighborhood Link Residential Link Planned Neighborhood Link - - - Trail (Proposed) Planning Area Fayetteville City Limits 2 N. le Feet 0 75 150 300 450 600 1:2,400 0LD WIRE RD I I R-A 2� O i4� 40, NORTH . . Zone Current Proposed NC 1.8 0.0 RSF-18 0.0 1.9 RSF-4 0.0 0.0 Total 1.9 ac Page 309 of 594 RZN-2024-0026 EXHIBIT `B' LEGAL DESCRIPTION: A part of the SE1/4 of the NE1/4 of Section 36, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of the Fractional SW1/4 of the NW1/4 of Section 31, T17N, R29W, thence S02014'17"W 97.12 feet, thence S02°15'04"W 62.17 feet to the POINT OF BEGINNING; thence S02015'04"W 172.50 feet, thence N37°55'46"W 44.41 feet, thence S52°04'14"W 301.30 feet, thence S49°17'22"W 85.53 feet, thence S40056'22"W 186.90 feet, thence along a curve to the right 14.76 feet, said curve having a radius of 28.00 feet and a chord bearing and distance of S56002'37"W 14.59 feet, thence along a reverse curve to the left 66.77 feet, said curve having a radius of 28.00 feet and a chord bearing and distance of S02°49'43"W 52.04 feet, thence S71 °02'29"W 108.84 feet, thence N35017'41"W 82.63 feet, thence along a non tangent curve to the left 156.20 feet, said curve having a radius of 2,080.39 feet and a chord bearing and distance of N41 001'12"E 156.16 feet, thence along a non tangent curve to the right 174.08 feet, said curve having a radius of 4,898.91 feet and a chord bearing and distance of N41 °20'57"E 174.07 feet, thence along a compound curve to the right 44.51 feet, said curve having a radius of 25.00 feet and a chord bearing and distance of S86037'36"E 38.86 feet, thence N54022'47"E 40.00 feet, thence N35°37'1 YW 17.64 feet, thence along a non tangent curve to the right 173.24 feet, said curve having a radius of 1,303.48 feet and a chord bearing and distance of N48053'03"E 173.11 feet, thence along a non tangent curve to the right 254.73 feet, said curve having a radius of 1,637.23 feet and a chord bearing and distance of N55°02'19"E 254.47 feet, thence along a non tangent curve to the right 8.01 feet, said curve having a radius of 498.67 feet and a chord bearing and distance of N59°27'12"E 8.01 feet to the POINT OF BEGINNING: Containing 1.87 acres more or less subject to easements and right of way of record. Page 310 of 594 CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: June 24, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2024-0026: Rezoning (WEST OF 2910 N. OLD WIRE RD/LIVINGSTON SUBDIVISION, 254): Submitted by JORGENSEN AND ASSOCIATES for property located WEST OF 2910 N. OLD WIRE RD. The property is zoned INC, NEIGHBORHOOD CONSERVATION and contains approximately 1.87 acres. The request is to rezone the property to RSF- 18, RESIDENTIAL SINGLE FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2024-0026 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2024-0026 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in east Fayetteville, roughly 700 feet west of the intersection of N Crossover Rd. and N Old Wire Rd. While the overall property was rezoned from RSF-4, Residential Single -Family, Four Units per Acre to a split zoning of INC, Neighborhood Conservation on the western half and R-A, Residential Agricultural over the eastern half on April 18, 2023 (RZN-2023-0004), the current request only applies to a 1.87-acre portion adjacent to N. Old Wire Rd. A preliminary plat was approved by Planning Commission on July 10, 2023 (PPL- 2023-0003) and an associated grading permit was issued on January 18, 2024. The infrastructure for this project, including water, sewer, and interior roads is currently under construction. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Single-FamilyResidential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential (Under NC, Neighborhood Conservation Construction East Single -Family Residential (Under NC, Neighborhood Conservation Construction West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone 1.87 acres from NC, Neighborhood Conservation to RSF-18, Residential Single -Family, Eighteen Units per Acre. Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIVI9ffl� 311 of 594 Paqe 1 of 15 Public Comment: Two members of the public offered comment in opposition of the item during the initial rezoning request in 2023, citing potential increase in traffic, environmental concerns, negative impact to home values and neighborhood character, and lacking existing infrastructure including schools. Since then, staff has received a general inquiry concerning the updated request but no comments specifically in favor or opposed. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Old Wire Rd., a partially improved neighborhood link with asphalt paving and open. Any street or drainage improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available. An existing 8-inch water main is present on the southeast side of the subject property. Sewer: Sanitary sewer is available. An existing 12-inch sewer main is present on the subject property and an existing 6-inch sewer main is present on the north side of N. Old Wire Rd. Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is located approximately 0.3 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District. The subject area does not include FEMA floodplain, streamside protection, or hydric soils. Tree Preservation: The proposed zoning district of RSF-18, Residential Single -Family, Eighteen Units per Acre requires 20% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood and Natural Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPNW 312 of 594 Paqe 2 of 15 of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 4-6 for this site, with a weighted score of 6. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N Old Wire Rd • Near Sewer Main (8" sewer main, N Old Wire Rd.) • Near Water Main (6" water main, N Old Wire Rd.) • Near Public School (Butterfield Trail Elementary School) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Creek Trail) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context. Residential uses and densities located near the subject property vary substantially, though with large areas of RSF-4, Residential Single -Family, Four Units per Acre. Neighboring properties are of a variety of sizes but generally follow a cul-de- sac development pattern. When the overall property was rezoned in 2023, the applicant downzoned 5.75 acres from RSF-4 to R-A, Residential Agricultural to limit development potential in an area with both FEMA floodplain and streamside protection zones. This downzoning was paired with higher density in the remainder of the site, allowing the site to increase density while minimizing negative impact within sensitive ecological areas. Staff notes that further increasing development intensity further along N. Old Wire Rd. is likely to have minimal impact on surrounding low density neighborhoods a sizeable portion of the proposed rezoning area will still have NC, Neighborhood Conservation as a transitional area. The existing and proposed zoning districts both include an urban form build - to -zone of 0-25 feet. When compared to NC, rezoning to RSF-18 will decrease the minimum lot size for single and two-family uses from 4,000 sf to variable widths based on uses (1,250 square feet for townhouses and 2,500 square feet for one- and two-family dwellings). Minimum lot widths would also be reduced from 40 feet to 30 feet. Both NC and RSF-18 include a three-story height limit. Since the subject property contains roughly 1.87 acres of NC, a maximum of eighteen (18) units are permitted under current entitlements, where the proposed rezoning to RSF-18 would increase the density cap to thirty-three (33) units. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. While the area could benefit from a mixed -use district such as NS-L, Neighborhood Services Limited given the lack of commercial services in the area, staff notes that the narrow width of the rezoning request may not lend itself to commercial development Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIVI9ffl� 313 of 594 Paqe 3 of 15 and that additional residential density could support future commercial uses in the area. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from NC to RSF-18 serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill, Goal #2 — We will discourage suburban sprawl, Goal #4 — Growing a Livable Transportation Network, and Goal #6 — Create Opportunities for Attainable Housing. The site scores relatively low on the Infill Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of fire station #5 and Butterfield Trail Elementary School. The existing and proposed zoning districts have identical uses by right and similar conditional uses. The Future Land Use Map designates this portion of the site as "Residential Neighborhood Area" — a designation which supports support a wide variety of housing types of appropriate scale and context including single-family, duplexes, rowhouses, multifamily and accessory dwelling units. The existing NC zoning would create a transition area between the denser development adjacent to N. Old Wire Rd. and larger lots further away from the corridor, and the creation of smaller lots could encourage smaller residential units which could be more affordable. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning to RSF-18 is justified. Because rezoning will better support infill redevelopment of the property, staff finds the proposed zoning to be consistent with the City's future land use goals and therefore needed at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to RSF-18 has an associated potential to increase traffic at this location. RSF-18 permits development at 18 units per acre where it is currently limited to 10 units per acre. Staff finds potential to increase the number of residential units above what is currently allowed by right subject to constraints such as steep slopes, tree preservation requirements, and other design requirements. Staff finds the increase in density is unlikely to result in increased traffic danger or congestion, particularly given the small size and narrow width of the requested rezoning area. The subject property has access to N. Old Wire Rd., an improved Neighborhood Link and future development would be required to meet the City's applicable access management and parking standards. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RSF-18 may increase the load on public services, but the impact is not expected to be detrimental. The size of the property and access to existing water and sewer infrastructure means future development Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIVI9ffl� 314 of 594 Paqe 4 of 15 will likely avoid the need for costly extensions to services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2024-0026. PLANNING COMMISSION ACTION: Required YES Date: June 24, 2024 O Tabled (Motion: WERNER Second: MCGETRICK 1777 Forwarded O Denied FORWARDED TO CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL Vote: 7-1-0 (GARLOCK OPPOSED, MADDEN ABS BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.29 NC, Neighborhood Conservation o §161.10 RSF-18, Residential Single -Family, Eighteen (18) Units per Acre • Applicant Request Letter • Site Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIVI9ffl� 315 of 594 Paqe 5 of 15 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPW 316 of 594 Paqe 6 of 15 Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 13 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPW 317 of 594 Paqe 7 of 15 161.10 District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Front Side Side -Zero Lot Line* Rear A build -to zone 5 feet A setback of less than five 5 feet that is located on feet (zero lot line) is between the both permitted on one interior front property sides side, provided a line and a line 25 maintenance agreement is Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPW 318 of 594 Paqe 8 of 15 ft. from the front I filed**. The remaining side I property line. setback(s) shall be 10 feet. * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800, §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1- 17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPW 319 of 594 Paqe 9 of 15 JORGENSEN +ASSOCIATES June 4, 2024 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning at 2910 N Old Wire Road (Livingston Subdivision) Dear City Staff; 124 W Sunbrloge Dnve, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 bv�+:N;,lorgensenasso� ..cr• Established 1985 On Behalf of the Owner and their representatives, we are submitting a rezoning request for property located along 2910 N Old Wire, Fayetteville, AR 72703. A. The current owner of this site is as follows: AM Capital Ventures (Parcel Numbers 765-16047-000, 765-13287-000. 765-16043-000. B. Currently this property is zoned INC C. This property is surrounded by RSF-4 on the north and west, a portion of P-1 to the south and north, and section of R-O to the east. D. Existing adequate water and sewer are already at this site. E. We feel the requested rezoning is in line with the goals of the City Plan 2040 where the future land use calls for a portion of Residential Neighborhood and Natural. Statement of Compatibility: This request to rezone a portion of the NC to RSF-18 along Old Wire Road, will create a transitional zoning boundary that will allow for a more diverse type of housing within this neighborhood and help in addressing some of the housing issues within the City. Within reasonable proximity, our firm recently requested a rezoning of a portion of the property south of Butterfield Elementary (known as Stage Station) to RSF-18. The City Council passed this request and thus set a precedence for similar development patterns that serve to promote and protect the neighborhood character. This being said, we believe that this rezoning is compatible with the current surrounding uses. Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIVIgffl� 320 of 594 Paqe 10 of 15 Y•� �M o >On ono m_ m MaQ�m °a N L V Otn (J 3 w Z(j) ww> Q wj� 00 i 0< AM LEGEND PROPFAIY lYE PROJECT DETAILS O of Q W J w J �2 OJ ~ C) J > Z OWN O>- d J C d LL REVISIONS DATE: 5.7.24 DRAWN BY: BEJ PROJECT 82022.148 FILE PATH: Z:bU02022148 SHEET TITLE REZONING EXHIBIT SHEET NUMBER 1 Planning Commission June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIPW 321 of 594 Paqe 11 of 15 RZN-2024-0026 One Mile View Ir rft` WEST OF 2916 N. OLD WIRE Ak RD NORTH 0 0.13 0.25 0.5 Miles RI-12 i % \ RA I RSF_-4 ♦ \1 I W' I i 1 O, I I j ti; I i � a0, I � Subject Property G`0_ _ _ _ 1 SKIL RNIRD. fWA i00 00 Ell R-O 1 Regional Link --- zoning RESIDENT IALSINGLE-FAMILY 12 General IntluaVisl EXTRACTION _ N$�G E-, Neighborhood Link _ _ _ _ _ _ _ _ _ - RI-U COMMERCIAL _r RI-12 Resiaenlial- . — Unclassified MNS-L C-1 �RBsitlenYBl-Agricunuml �C8 — Residential Link RSF-1 FORM BASED DISTRICTS ■ I Planned Neighborhood Link - - Rs- =Downmwn coin SF< Ll.. T.—hfre �1 Planned Residential Link RSFA MMal.—Camay Dmmlwm General Shared -Use Paved Trail " RSF-18 RESIDENTIALMULTI-FAMILY �Cammenly Servi�a NeigM1b h-1 Servkes p RMFS � NeigM1borM1aatl ConserreYan — — Trail (Proposed) �RMF-13 PLANNED ZONING DISTRICTS Fayetteville City Limits r r Planning Area '---=r- __! RMF-18 �RMF-2a M Commercial. IntlusNal. ResitleMial INSTITUTIONAL Planning Area g RMF-Cg INDUSTRIAL _ R 1 tteville CitFayey Limits -- Nea DammarclalaM LgM laaaeiaal Page 322 of 594 RZN-2024-0026 Close Up View WEST OF 2916 N. OLD WIRE RD RAWBERRY•DR z J OrC OC W m W D i41b Regional Link Neighborhood Link Residential Link Planned Neighborhood Link - - - Trail (Proposed) Planning Area Fayetteville City Limits W J m RSF-4 Y O 2 N. le Feet 0 75 150 300 450 600 1:2,400 0LD WIRE RD I I R-A 2� O i4� 40, NORTH . . Zone Current Proposed NC 1.8 0.0 RSF-18 0.0 1.9 RSF-4 0.0 0.0 Total 1.9 ac Page 323 of 594 June 24, 2024 RZN-2024-0026 (LIVINGSTON SUBDIvIRW 324 of 594 Page 14 of 15 RZN-2024-0026 Future Land Use r— Civic Institutional Civic and Private Open Space Regional Link Neighborhood Link Unclassified Residential Link 01 Planned Neighborhood Link M Planned Residential Link Planning Area Fayetteville City Limits — — Trail (Proposed) Subject Property 2910 N. OLD WIRE RD ■ ■ Residoptial e9111borhood Natural I ' I 1 I I I OLD WIRE RD , I � I � I � I � I � I � I � I � I � I I � I I � SKILLERN RD � I I Oyu I` V� Ire , 0, I CP O! I l►'I I ml v I , I Ir I I I I I � _ I I I I ' I I t City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 305 610 1,220 1,830 2,440 Residential Neighborhood 1:10,000 Rural Residential Urban Center RZN-2024-0026 (LIVINGSTON SUBDIvIRW 325 of 594 Pace 15 of 15 Received From Jonathan Curth 08/01 /2024 3:32 PM tic J v� - 44 Oa � , 1 0 usku 2 _ `26sJ / / V / Y —--- 4__ y L VI t f J. r. � r ?„ 0 0.01 0.03 0.05 mi The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city' s cost of Exhibit defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be p Fayetteville, AR construed to waive that tort immunity set forth under Arkansas law. Created: 7/25/2024 Credits: City of Fayetteville, AR Map Author: Page 326 of 594 HI_x��&S�`g x o o'i fir. . ��$s HxS� �Sas� ex�US�.�sE 5� v�Iv I, rlly Alix ae. 5� s �s�e Sad. &�e.SSg �� = sss����s- Q � �vv:vvI�vI��vJI Iv •.vUJ zs � � � a ��� e r �� � � _ ��a � s &�'?;s§mw— � s s �g ae sum`€€x5 a.eo`o °9ers$$xo€.6.�a��s�we=ads II � Ivv v I J 3 I le \ \ lilli/ r e 1\, , \ \ \ � , ._ I 1 ✓ � \ I vA �V1 Ilili I. l v vv a "\ VII v I rri f v ,e, v vvi�v/ �I �_1 � I '. t I 1 I / / m I 1 I J J �I )p1. �1/ /• �. , / / / 1 1 , I \, 1It II / � ��\\1\ I \ ���\ I-�` �\ IV .,w ` If •\ g\ /�41C� �/ �/ i L` it I �� v t I v v I� vI v vI I v$v v v v v vv A CCV, A ov�I vvv —� 1 i �'� l FSE€t3E Page 327 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-306 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area includes ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area is currently zoned RMF-40, Residential Multifamily, 40 Units per Acre and does not fall within any overlay districts or Master Plan areas. Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center, subject to a bill of assurance. Public Comment: One member of the public requested additional information regarding the project and associated public hearing. An additional commenter sent multiple emails discussing both this rezoning and the rezoning across the street (RZN-2024-0018) and their potential impacts to the existing neighborhood fabric and residents, potential removal of affordable housing, environmental concerns, and concern about the developer trying to acquire properties for this rezoning. Further comment was made at the Planning Commission hearing, which is summarized below. Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context. The property is primarily surrounded by either large apartment structures or the Fayetteville High School campus, with mixed -density residential located to the east. The parcels within the subject area are currently developed with primarily single-family dwellings. Staff notes that since there is a gap in the proposed rezoning area occupied by an existing single-family dwelling, any development adjacent to this Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 328 of 594 parcel would be subject to the additional setbacks of UDC 164.11(C) Home Protection Requirements. Based on a review of addresses, there are a total of 42 residential dwelling units currently within the subject area. The existing RMF-40 district would permit a maximum of 148 dwelling units on the overall 3.7-acre subject area with a maximum building height of 5 stories, while the proposed MSC district has no density limitations with a maximum building height of 7 stories when located greater than 15 feet from the right-of-way. Staff finds that the existing buildings are between 38-98 years old with an average age of 71.5 years old. No completed permits aside from one electrical permit for the replacement of meter packs were found for the subject area that indicate renovations since completion. No buildings within the subject area are listed in either the Federal or Arkansas Register of Historic Places, and the subject area is not within a city historic district. An analysis of each parcel's current development is included in a staff exhibit. The subject area is bound by RMF-40 to both the north and east, which permits multifamily developments and building heights of up to 5 stories. The Cardinal Apartments to the north and the Atmosphere Apartments to the east are both constructed at 5 stories including a parking garage. Harmon Field, a major sports venue for Fayetteville Schools, is located to the west and the school intends to construct a parking lot extension directly south of the subject area. Additionally, a full city block adjacent to the property to the east was successfully rezoned to MSC with a bill of assurances at the June 18 City Council agenda. This area will likely be developed with a large mixed -use student housing complex. Other structures in direct proximity to the proposed rezoning area include a three-family dwelling and single-family residence south of the intersection of W. Putnam St. and S. Duncan Ave. Staff finds that the greater height permitted by MSC is not likely to negatively affect the surroundings given abutting multi -story apartments and the large school complex, particularly as any development would be limited to 5 stories when within 0'-15' of the front property line. While rezoning from RMF-40 to MSC will remove the current density limitation of 40 units per acre, staff finds that the request is not likely to create development that is incompatible with the surroundings given that the other city requirements such as parking lot design standards and ratios, tree preservation, and drainage. A bill of assurances has been provided with the rezone to limit potentially incompatible uses, including Use Unit 17: Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use Unit 45: Small Scale Production. Staff finds that rezoning to a mixed -use district would create the possibility of compatible development and that additional commercial uses could also serve the high density of existing residents within the immediate proximity as well as students and faculty of the adjacent high school. Land Use Plan Analysis: On the balance of considerations, staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. Given the walkable location of the request and potential for mixed -use development, staff finds the request to be consistent with the following City Plan 2040 Goals: Goal 1: We will make appropriate infill and revitalization our highest priority; Goal 2: We will discourage suburban sprawl; Goal 3: We will make compact, complete, and connected development the standard; Goal 4: We will grow a livable transportation network. Staff finds the rezoning both positively and negatively contributes to Goal 6: We will create opportunities for affordable housing. The Fayetteville Housing Assessment completed by City staff in October 2023 discusses the preservation of affordable housing and notes that "new supply should be carefully balanced with preserving existing affordable housing — housing that can be in prime areas for redevelopment due to growing land values compared to the declining value of aging structures." While staff acknowledges that any redevelopment of the subject area and associated demolitions could remove naturally occurring affordable housing units within the subject area, staff also acknowledges that the property owners are legally able to redevelop the subject area with greater density by right under the existing Residential Multifamily, 40 Units per Acre (RMF-40) zoning district and that any redevelopment which includes only uses permitted by right is not subject to discretionary approval by either the Planning Commission or City Council provided that all applicable city ordinances and development standards are met. Further, cities in Arkansas are prohibited from enacting rent control Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 329 of 594 ordinances per Arkansas Statute. The area is designated as a City Neighborhood Area, which recommends that commercial uses would have a residential component and vary in size, variety and intensity. The subject area is directly east of the Fayetteville High School campus and approximately 600 feet southeast of the University of Arkansas campus, which is designated as a special district by the 2040 growth map and described as "portions of the city that are historically or currently intended for more intensive commerce." The closest Tier Centers are located just over half a mile east at the historic downtown square (Tier 1) and approximately half a mile southeast at the intersection of W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3). The infill score for this parcel is very high, with a score between 11 and 12, indicating the property could likely support a wide range of uses and additional density, particularly given the close proximity of both the Fayetteville High School and University of Arkansas campus. Staff also finds that allowing additional residential in close proximity to major traffic drivers and within close proximity to both ORT and Razorback transit stops could allow for residents to use alternative transportation options such as walking, biking, or utilizing transit to these institutions, helping to mitigate or reduce potential traffic impacts. Given that denying the rezoning request would not necessarily prevent redevelopment of the property by the new owners, staff finds that approval of the rezoning to MSC may lead to results that are more compatible with city goals than could be met under the existing zoning by allowing a greater number of additional residential units to be constructed while providing potential for a mix of commercial and residential uses. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 11-12 for this site. The following elements of the matrix contribute to the score: 1. 4 Minute Fire Response (Station #1, 303 W. Center St.) 2. Near Sewer Main (6" Sewer Main, S. Duncan Ave.) 3. Near Water Main (12" Water Main, S. Duncan Ave.) 4. Near Grocery Store (Walmart Neighborhood Market) 5. Near Public School (Fayetteville High School) 6. Near U of A Campus 7. Near City Park (Lower Ramble) 8. Near Paved Trail (Oakridge Trail, Razorback Greenway) 9. Near ORT Bus Stop (Hillcrest Towers) 10. Near Razorback Transit Bus Stop (S. Hill Ave) 11. Appropriate Future Land Use 12. Sufficient Intersection Density DISCUSSION: At the June 24, 2024 Planning Commission meeting, a vote of 6-2-0 forwarded the request to City Council with a recommendation of approval. Commissioner Cabe motioned, and Commissioner Castin seconded. The commissioners in favor of the request cited the ability of the parcels to be redeveloped under existing zoning, potential for mixed -use development in a walkable area, the high infill score, and the proposed bill of assurances. Staff confirmed that consent of owner forms for the rezoning have been provided for all subject parcels and clarified the regulations of the home protection ordinance which would apply if development were adjacent to single-family homes in the MSC district. The applicant team explained that the request is primarily due to the allowance for mixing of uses and that MSC would allow flexibility in the design of the project given steepness of the site and existing tree canopy. Commissioner McGetrick noted that there is no guarantee these properties will remain as is given the willingness of the current owners to upzone their properties, that development is extremely likely here, and that any associated (re)development of the parcels would likely increase housing costs. Commissioners Payne and Cabe noted their agreement with Commissioner McGetrick. Commissioner Cabe further noted the Planning Commission's limited ability to make policy Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 330 of 594 determinations, stating this is the role of the City Council. Commissioner Garlock and Werner voted against the rezoning, citing the removal of existing affordable housing and concerns about potential building heights on a steep site. Two members of the public stated opposition to the request during the meeting, citing eviction of current residents, removal of affordable housing for expensive apartments, narrow streets without striped crossings, increased traffic adjacent to Fayetteville High School, increased noise, and potential impacts to existing trees and habitat. One member of the public spoke in favor of the request, stating that housing in close proximity to the university and other services such as grocery stores and trails is critical for students and is especially important for international students who do not have vehicles. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report (#7), Bill of Assurance (#8), Revised Bill of Assurance - 071624 (#9), City Attorney Memo (#10), Topography Exhibit (#11), UA Student Housing Memo (#12) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 331 of 594 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-306 RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center, subject to the attached Bill of Assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 332 of 594 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-306 Item ID 7/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/28/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 333 of 594 RZN-2024-0028 65 S. DUN CAN AVE RZN-2024-0028 Close Up view EXHIBIT 'A' RMF-24 �N1O Q Z O a x P-1 Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits CENTER ST Subject Property Proposed N It Q V Z C Proposed MSC TREADWEL• L-ST w Q J J x Feet 0 75 150 300 450 600 1:2,400 PUTMAN •ST— Zone Current Proposed MSC 0.0 3.5 P-1 0.0 0.0 RMF-40 3.5 0.0 Total 3.5 ac Page 334 of 594 RZN-2024-0028 EXHIBIT `B' The West 117.0 feet of the South 14.5 feet of Lot Two (2), and the West 117.0 feet of the North 35 feet of Lot Three (3), and the South 20 feet of Lot Three (3), and all of Lots Four (4), Five (5), and Six (6) in Block Seven (7), in I.W. Duncan's Addition to the City of Fayetteville, Washington County, Arkansas, And Lot One (1) and the South 15 feet of Lot Two (2), and all of Lots Three (3), Four (4), Five (5) and Six (6), in Block Six (6) in L W. Duncan's Addition to the City of Fayetteville, Washington Couty, Arkansas and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, and being described as follows, to -wit: Beginning at a point that is 660 feet (40 Rods) South of the Northeast corner of said forty -acre tract; said point being in Duncan Street in the City of Fayetteville; thence with said Street, South 45 feet; thence leaving said street, West 215.4 feet (Deed Call 220 feet) to a fence; thence North 45 feet along said fence; thence East 215.4 feet (Deed Call 220 feet) to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range Thirty (30) West, Washington County, Arkansas, described as follows: Beginning at a point which is 705 feet South of the Northeast corner of said forty -acre tract; thence South 85 feet; thence West 220 feet; thence North 85 feet; thence East 220 feet to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 800 feet South of the Northeast corner of said forty -acre tract; and running thence South 60 feet; thence West 220 feet; thence North 60 feet; thence East 220 feet to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point which is 800 feet South of the Northeast corner of said forty -acre tract; and running thence West 200 feet; thence North 10 feet; thence East 200 feet; thence South 10 feet to the point of the beginning. Page 335 of 594 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In support of its application for a zoning reclassification, the owner, developer, or buyer of this Property, (hereinafter "Petitioner") South Duncan, LLC, hereby voluntarily offers this Bill of Assurance to the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce the terms of this Bill of Assurance in the Circuit Court of Washington County, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will rely upon the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that the Property subject to the rezoning request shall be restricted as follows IF Petitioner's rezoning and large-scale development applications are approved and as a part of the approval process of the Fayetteville City Council: 1. The following uses shall not be permitted: a. Unit 17, Transportation trades and services; b. Unit 34, Liquor stores; and c. Unit 45, Small scale production. 2. A Bill of Assurance containing the above restricted uses shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning and large-scale development application are approved and shall be noted on any Final Plat or Large Scale Development Plan of the Property. The Bill of Assurance will provide that the use restrictions will run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. IN TNENS WHEREOF the undersigned Petitioner executes this document. 1 SEH By: 11 I C"CN 6 ro inScD1N_ Date Its: A thorized Agent 4375 N. Vantage Drive Fayetteville, AR /on b L2� Address 'signature Notary Oath STATE OF ARKANSAS } COUNTY OF WASHINGTON } Page 336 of 594 And now on this the day of C Lu M , ,-, , 2024, Vicki Bronson as authorized agent of South Duncan, LLC appeared before me, a Notary Public in and for said county and state, and after being placed upon her oath swore or affirmed that she did sign her name to the within and foregoing document in her capacity as authorized agent of South Duncan, LLC. e t NOTARY PUBLIC My Commission Expires: UNDA BOLTE NOTARY PUBUC WASHINGTON COUNTY, ARKANSAS COMM. EXP. 09/11/32 COMMISSION NO.12389588 Page 337 of 594 CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: June 24, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends RZN-2024-0028 be forwarded to the City Council with a recommendation for approval. RECOMMENDED MOTION: "°l move to forward RZN-2024-0028 to the City Council with a recommendation of approval." BACKGROUND: The subject area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area contains ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area is currently zoned RMF-40, Residential Multifamily, 40 Units per Acre and does not fall within any overlay districts or Master Plan areas. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoninq Direction Land Use Zoning North Residential Multifamily— RMF-40, Residential Multifamily, 40 Units per Acre DG, Downtown General South Fayetteville High School Campus (Parking P-1, Institutional Lot / Driveway) East Mixed -Density Residential RMF-40, Residential Multifamily, 40 Units per Acre (Pending MSC, Main Street Center) West Harmon Field P-1, Institutional Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center. Public Comment: Staff has received multiple public comments. One member of the public Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STLFbW 338 of 594 Paqe 1 of 28 requested additional information regarding the project and associated public hearing. An additional commenter sent an email discussing both this rezoning and the rezoning across the street (RZN-2024-0018) and their potential impacts to the existing neighborhood fabric and residents, potential removal of affordable housing, environmental concerns, and concern about the developer trying to acquire properties for this rezoning. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Duncan Ave., a fully improved residential link street with asphalt paving, curb and gutter, and sidewalks. The subject area also has frontage along W. Treadwell St., a partially improved residential link street with asphalt and curb and gutter. Any street or drainage improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present on the west side of S. Duncan Ave. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is present on the west side of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.6 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request Drainage: No portion of the property is within a FEMA floodplain, the Hillside -Hilltop Overlay District or includes a protected stream. Additionally, no hydric soils are present. Tree Preservation: The proposed zoning district of MSC, Main Street Center requires 10% minimum canopy preservation. The current zoning district of RMF-40, Residential Multifamily, 40 Units per Acre requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood. City Neighborhoods are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTE[51W 339 of 594 Paqe 2 of 28 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 11- 12 for this site, with a weighted score of 17. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (6" Sewer Main, S. Duncan Ave.) Near Water Main (12" Water Main, S. Duncan Ave.) Near Grocery Store (Walmart Neighborhood Market) Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (Lower Ramble) Near Paved Trail (Oakridge Trail, Razorback Greenway) Near ORT Bus Stop (Hillcrest Towers) • Near Razorback Transit Bus Stop (S. Hill Ave) • Appropriate Future Land Use • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context. The property is primarily surrounded by either large apartment structures or the Fayetteville High School campus, with mixed -density residential located to the east. The parcels within the subject area are currently developed with primarily single- family dwellings. Staff notes that since there is a gap in the proposed rezoning area occupied by an existing single-family dwelling, any development adjacent to this parcel would be subject to the additional setbacks of UDC 164.11(C) Home Protection Requirements. Based on a review of addresses, there are a total of 42 residential dwelling units currently within the subject area. The existing RMF-40 district would permit a maximum of 148 dwelling units on the overall 3.7-acre subject area with a maximum building height of 5 stories, while the proposed MSC district has no density limitations with a maximum building height of 7 stories when located greater than 15 feet from the right-of-way. Staff finds that the existing buildings are between 38-98 years old with an average age of 71.5 years old. No completed permits aside from one electrical permit for the replacement of meter packs were found for the subject area that indicate renovations since completion. No buildings within the subject area are listed in either the Federal or Arkansas Register of Historic Places, and the subject area is not within a city historic district. An analysis of each parcel's current development is included in a staff exhibit. The subject area is bound by RMF-40 to both the north and east, which permits multifamily developments and building heights of up to 5 stories. The Cardinal Apartments to the north and the Atmosphere Apartments to the east are both constructed at 5 stories including a parking garage. Harmon Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 340 of 594 Paqe 3 of 28 Field, a major sports venue for Fayetteville Schools, is located to the west and the school intends to construct a parking lot extension directly south of the subject area. Additionally, a full city block adjacent to the property to the east was successfully rezoned to MSC with a bill of assurances at the June 18 City Council agenda. This area will likely be developed with a large mixed - use student housing complex. Other structures in direct proximity to the proposed rezoning area include a three-family dwelling and single-family residence south of the intersection of W. Putnam St. and S. Duncan Ave. Staff finds that the greater height permitted by MSC is not likely to negatively affect the surroundings given abutting multi -story apartments and the large school complex, particularly as any development would be limited to 5 stories when within 0'-15' of the front property line. While rezoning from RMF-40 to MSC will remove the current density limitation of 40 units per acre, staff finds that the request is not likely to create development that is incompatible with the surroundings given that the other city requirements such as parking lot design standards and ratios, tree preservation, and drainage. A bill of assurances has been provided with the rezone to limit potentially incompatible uses, including Use Unit 17: Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use Unit 45: Small Scale Production. Staff finds that rezoning to a mixed -use district would create the possibility of compatible development and that additional commercial uses could also serve the high density of existing residents within the immediate proximity as well as students and faculty of the adjacent high school. Land Use Plan Analysis: On the balance of considerations, staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. Given the walkable location of the request and potential for mixed -use development, staff finds the request to be consistent with the following City Plan 2040 Goals: Goal 1: We will make appropriate infill and revitalization our highest priority; Goal 2: We will discourage suburban sprawl; Goal 3: We will make compact, complete, and connected development the standard; Goal 4: We will grow a livable transportation network. Staff finds the rezoning both positively and negatively contributes to Goal 6: We will create opportunities for affordable housing. The Fayetteville Housing Assessment completed by City staff in October 2023 discusses the preservation of affordable housing and notes that "new supply should be carefully balanced with preserving existing affordable housing — housing that can be in prime areas for redevelopment due to growing land values compared to the declining value of aging structures." While staff acknowledges that any redevelopment of the subject area and associated demolitions could remove naturally occurring affordable housing units within the subject area, staff also acknowledges that the property owners are legally able to redevelop the subject area with greater density by right under the existing Residential Multifamily, 40 Units per Acre (RMF-40) zoning district and that any redevelopment which includes only uses permitted by right is not subject to discretionary approval by either the Planning Commission or City Council provided that all applicable city ordinances and Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 341 of 594 Paqe 4 of 28 development standards are met. Further, cities in Arkansas are prohibited from enacting rent control ordinances per Arkansas Statute. The area is designated as a City Neighborhood Area, which recommends that commercial uses would have a residential component and vary in size, variety and intensity. The subject area is directly east of the Fayetteville High School campus and approximately 600 feet southeast of the University of Arkansas campus, which is designated as a special district by the 2040 growth map and described as "portions of the city that are historically or currently intended for more intensive commerce." The closest Tier Centers are located just over half a mile east at the historic downtown square (Tier 1) and approximately half a mile southeast at the intersection of W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3). The infill score for this parcel is very high, with a weighted score of 17, indicating the property could likely support a wide range of uses and additional density, particularly given the close proximity of both the Fayetteville High School and University of Arkansas campus. Staff also finds that allowing additional residential in close proximity to major traffic drivers and within close proximity to both ORT and Razorback transit stops could allow for residents to use alternative transportation options such as walking, biking, or utilizing transit to these institutions, helping to mitigate or reduce potential traffic impacts. Given that denying the rezoning request would not necessarily prevent redevelopment of the property by the new owners, staff finds that approval of the rezoning to MSC may lead to results that are more compatible with city goals than could be met under the existing zoning by allowing a greater number of additional residential units to be constructed while providing potential for a mix of commercial and residential uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: On the balance, staff finds the proposed zoning is justified and necessary at this time. While any redevelopment of these parcels could negatively impact existing affordable housing stock, staff notes that the property owners could legally redevelop the parcels with new multifamily dwellings by right under the existing zoning district. The proposed zoning of MSC could permit a mixed -use development with higher density allowances in an area with a weighted infill score of 17 where only residential uses are currently permitted by right under RMF-40. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RMF-40 to MSC has the potential to increase traffic at this location when considering that MSC would allow for more dense development than the existing zoning which has a stated density limitation. The lots under consideration have direct access to a public street and staff finds that given the property's location near a transit route close to the university and the Fayetteville High School campus, many trips have the capacity to be completed through alternative transportation such as walking, Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 342 of 594 Paqe 5 of 28 biking, or transit. Any necessary street improvements and potential traffic impacts would be determined at the time of development. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property is in close proximity to public streets and existing water and sewer mains. Any necessary upgrades or improvements to existing infrastructure would be determined at the time of development. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0028 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION (Date: June 24, 2024 O Tabled Motion: CABE Second: CASTIN Required YES © Forwarded O Denied FORWARDED TO CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL (Vote: 6-2-0 (WERNER & GARLOCK OPPOSED, MADDEN ABSENT Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 343 of 594 Paqe 6 of 28 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre • §161.27 Main Street/Center • Applicant Request Letter • Proposed Bill of Assurance • Staff Exhibit • Current Development • Fayetteville Housing Assessment Excerpts • Proximity to Tier Center Exhibit • Traffic Accidents Exhibits • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFAW 344 of 594 Paqe 7 of 28 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 345 of 594 Paqe 8 of 28 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home ark 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 family or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Side Rear Rear Other Single & Other Single Uses Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTF[§JW 346 of 594 Paqe 9 of 28 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6- 29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §7(Exh. F), 5-2-23) Editor's note(s)-Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTF[§jW 347 of 594 Page 10 of 28 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scaleproduction Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive- through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTF[§jW 348 of 594 Paqe 11 of 28 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6- 08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTF[§jW 349 of 594 Page 12 of 28 STAFF EXHIBIT CURRENT DEVELOPMENT Individual Property Findings 65 S. Duncan Avenue (PID: 765-04823-001 & PID 765-04824-000) • Current Owner: Pryor Properties LLC • Two-story multifamily apartments (28 units) constructed in 1986 per Washington County Assessor (38 years old). • Electrical Permit issues 9/23/2020 to replace four gang meter packs 77 S. Duncan Avenue (PID 765-04825-000) • Current Owner: John E. Adam • Single-family dwelling constructed in 1928 per Washington County Assessor (96 years old). 89 S. Duncan Avenue (PID 765-04810-000) • Current Owner: Internation Student Christian • Two-family dwelling constructed in 1926 per Washington County Assessor (98 years old). 93 S. Duncan Avenue (PID 765-04812-000) • Current Owner" Lynch Family Trust: • Three-family dwelling constructed in 1936 per Washington County Assessor (88 years old). 95 S. Duncan Ave (PID 765-04813-000) • Current Owner: Well -Placed Inc. • Single-family dwelling constructed in 1926 per Washington County Assessor (98 years old). • One expired electrical permit (2019) and one voided mechanical permit. 99 S. Duncan Avenue (PID 765-04814-000) • Current Owner: Samuel O. Donelson, Edward Mick, and Elizabeth S. Mick): • Single-family dwelling constructed in 1926 per Washington County Assessor (98 years old). 101 S. Duncan Avenue (PID 765-14436-000) • Current Owner: Edward Mick & Elizabeth S. Mick • Single-family dwelling constructed in 1931 per Washington County Assessor (93 years old). 103 & 107 S. Duncan Avenue (PID 765-14441-000 and 765-14440-000) • Current Owner: DFP LLC • Four -family dwelling constructed in 1936 per Washington County Assessor. Single-family dwelling constructed in 1956 per Washington County Assessor (68 years old). Planning Commission June 24, 2024 RZN-2024-0028 (MODus STLFbW 350 of 594 Paqe 13 of 28 Statistics: Total Existing Structures: Ten (10) Total Existing Residential Units: Forty-two (42) Average Age of Structures: 71.5 years -b&� PID 765-14441-000 MWW_ PID 765-14440-000 CProposed Parking Exte- nsio _ 114 Planning Commission ■ {r — June 24, 2024 RZN-2024-0028 (MODUs sTE" 351 of 594 Paqe 14 of 28 Policy Options for the Future This assessment does not propose that the solution to housing affordability is to rezone the entirety of Fayetteville to RMF-24 zoning. Similarly, zoning is not the only solution to high and growing housing costs. Policy choices can, however, focus on adding housing density in strategic places to take advantage of existing infrastructure in high intensity areas that don't currently allow for housing. When combined with existing services, infrastructure, and amenities, these housing units can provide a number of benefits, including reducing vehicle trips. Fayetteville's City Plan 2040, the comprehensive plan adopted in 2020, includes several options for additional housing density in core areas that are already high intensity and offer close access to services. Staff in the City of Fayetteville's Long Range Planning and Sustainability divisions worked with University of Arkansas graduate students in the Master of Public Administration program in the spring semester of 2023 to analyze three scenarios for single-family housing. The students produced a report at the end of the semester that aimed to identify the most effective zoning policy to increase single family residential density in Fayetteville. The three scenarios explored were a baseline analysis of maintaining the zoning status quo; rezoning all residential single-family zones to the RSF-8 zoning district; and allowing duplex, triplex, and fourplex construction by right in all current single-family zoning districts. Based on their analysis, the students recommended the third option, writing, "Increased housing diversity has the greatest net social benefit for Fayetteville. In addition to having the greatest potential for increased housing supply, this policy is the most efficient and equitable. Overall, creating the option for multifamily unit construction by right provides the strongest policy for Fayetteville's future growth." Although the report focused on single-family zoning, the lessons learned and the main point — that creating the option for multi -unit housing by right is the strongest policy for Fayetteville's future growth — align with the planning work and master plan documents/corridor planning that Fayetteville has been engaged in for the last several years. Prior to the onset of the COVID-19 pandemic the City of Fayetteville was engaged in writing and implementing two key plans that set a priority for both housing and a high -quality urban environment. City Plan 2040 was adopted only months prior to the pandemic -related closure of city offices and the quick adjustment to online meetings and engagement. Several plan implementation steps were paused for about two years while community health and safety were prioritized, and the city is now moving forward again to engage with the community to address the challenges that arose just prior to and during the pandemic that are the impetus to bring the implementation actions from these adopted plans back into the spotlight. Long Range Plan Implementation Fayetteville's City Plan 2040 was written to support the city's six goals: 1. We Will Make Appropriate Infill and Revitalization Our Highest Priority. 2. We Will Discourage Suburban Sprawl. 3. We Will Make Compact, Complete, and Connected Development the Standard. 4. We Will Grow A Livable Transportation Network. 5. We Will Assemble An Enduring Green Network. 6. We Will Create Opportunities for Attainable Housing. All six goals have short-term, long-term, and ongoing "benchmarks," or action items to implement the adopted plan. Page 47 of the plan lists the short-term benchmarks, or action items meant to be accomplished between 2019 and 2025. Although plan implementation has been somewhat delayed by the COVID-19 pandemic, 8 of the 25 short-term benchmarks are not yet underway but are directly related to the city's role in responding to population growth and increasing housing supply, and that the Fayetteville City Council could consider prioritizing (City Plan 2040 associated goals and current status listed in parentheses): • Develop internal processes to align funding, development and planning of city infrastructure with the goals of City Plan 2040. (Goal 1 & 2: ongoing with streamlined permitting and new software) 42 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STE[51W 352 of 594 Page 15 of 28 • Identify existing properties that are vacant or prime for redevelopment and initiate form -based rezoning discussions with property owners. (Goal 1, 2. & 3; ready to begin with 71B rezoning) • Evaluate development thresholds based on quantitative metrics such as building form, not building type, and the encouragement of missing middle housing. (Goal 1, 2, 3, and 6; ongoing) • Evaluate conditional use permit vs. use -by -right for appropriate infill. (Goal 1; ongoing) • Identify gaps in affordability throughout the city and set numerical targets for housing that is affordable to a variety of households, including workforce, supportive, low income, families with children, and senior housing. (Goal 1, 3, 4, & 6; initiated with this analysis) • Promote long-term affordability by targeting the use of public funds for the lowest income households, including those who are homeless, at risk of homelessness, or who have other special needs. (Goal 6; ongoing with federal HOME and American Rescue Plan Act funds) • Examine potential regulatory barriers and policies that impede the provision of household affordability, including: infrastructure costs, the costs and benefits of development ordinances on housing development, and how the City's fees and requirements impact the cost of living for households in Fayetteville. (Goal 1 & 6; development fee study underway) • Identify opportunities for the creation of affordable housing on publicly -owned land and develop partnerships with developers to provide flexible, affordable work space and housing. (Goal 6; initial discussions and review of potential projects underway) Long-term benchmarks (more than five years from plan adoption) that are directly related to housing but not yet underway are: Evaluate the development and implementation of a tiered impact fee system. (Goals 1 & 2; not yet begun) Evaluate existing street design speed, operating speed and posted speed limits, to ensure that each is appropriate based on the roadway design and context of the surrounding environment. (Goal 4; ongoing with speed limit review and traffic calming procedures in residential neighborhoods) Create a complete neighborhood or street corridor plan every other year utilizing a charrette process and analyze water and sewer capacity to identify opportunities or limitations for development. (Goal 1, 4, & 6; not yet begun) Ongoing benchmarks should also be highlighted here given the pause in plan implementation, as some may need to be prioritized for action: • Support rezoning proposals that result in increased density around logical future transit stops, rail corridors and major transportation corridors. Recommendations should generally align with the Growth Concept Map. (Goal 4) • Support development and redevelopment opportunities along the existing rail line. (Goal 4) • Support and implement the goals, strategies and actions of the transformational 71 B Corridor plan. (Goal 1, 2, & 4) • Implement and utilize the Growth Concept Map to strategically incentivize the development of Tier-1, Tier-2, and Tier-3 commercial and mixed -use nodes along major corridors and as neighborhood centers. (Goal 1, 2, 3, 4, 5, & 6) • Support the creation of a "real-time" database of available affordable housing units, services, resources, and incentives to strengthen the process of connecting qualified buyers and renters with affordable housing to comprehensively lower monthly household expenses. (Goal 6) • Promote long-term affordability by developing new goals, targets, and strategies to promote the distribution of affordable housing in all parts of the city, including incentives for affordable housing in new developments and for the preservation of existing rental units. (Goal 6) The remaining benchmarks do not have to be approached separately, but could instead be pulled together in a complete approach to developing housing solutions, particularly in areas of the city that have been identified as best able to support dense housing along major corridors and in places that support a mix of 43 Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTE[51W 353 of 594 Page 16 of 28 housing and commercial development, such as Fayetteville's downtown area. As an example of the potential for a cohesive approach to plan implementation, three of the items listed in the ongoing benchmarks are closely tied together and could be approached as a single project. Supporting zoning proposals around major transportation corridors, supporting and implementing the goals, strategies and actions of the 71 B Corridor Plan, and implementing and utilizing the Growth Concept Map on pages 13-16 of the plan document could all come together with a city -initiated project to rezone property along the 71 B corridor (College Avenue, Nelson Hackett Boulevard, and South School Avenue) to allow for housing on properties that have extensive existing infrastructure, are located along a major transportation corridor that is already scheduled for additional investment to support development and alternative transportation, and that have limited proximity to existing residential neighborhoods. Additionally, there are multiple tier centers along this route that could be incorporated as part of the implementation of the growth concept map, furthering plan implementation in the same project. Preserve Existing Affordable Housing Table 3 on page 20 of this assessment showed current average monthly rents for new apartments, with average rent for a two bedroom apartment just over S1,400 per month. Table 4 on the same page showed that affordable housing costs for the median household income in Fayetteville should not exceed $1,325 per month, which includes utilities and insurance costs. Current rents for newly constructed housing units are above affordable costs for at least half of Fayetteville households, and building new housing units does not provide a successful solution if the new units are at the cost of losing existing affordable housing. In 2019 the City of San Antonio, Texas, engaged the firm PlaceEconomics to assess the risks to older and existing affordable housing stock as the city experienced rapid population growth and redevelopment. The results of this assessment, published as the report Opportunity at Risk," were a caution against the assumption that newly constructed housing is the best way to achieve affordable housing goals. Some of the context of the 2019 report presented in the Executive Summary would be familiar to Fayetteville today: • One in three San Antonio households is spending more than 30 percent of their income on housing and nearly half of all renters meet this "cost burdened" threshold. • Over the last decade, while median household income increased 1.9% per year, housing prices increased at 4.7% per year. • While San Antonio is experiencing greater than national average growth in jobs and housing, most of the new homes are large and expensive, and much of the job growth is in lower wage jobs. • The existing pre-1960 housing stock is providing largely unsubsidized and unprotected affordable housing. • Single family, renter -occupied structures in fair and poor condition are the most at -risk of demolition. The main takeaway of the report is clear and succinct: "A city cannot build itself out of a housing crisis — the retention of existing housing stock is critical." Additionally, the report claimed three demonstrable premises: 1. One cannot build new and rent or sell cheap without subsidy. 2. Almost by definition when a unit of older housing is razed, a unit of affordable housing is lost forever. 3. Existing affordable housing programs — as useful and successful as they may be — must be realigned to address older housing stock. The conclusion provided a caution to other rapidly growing cities facing housing affordability challenges: 'j Report available at sanantonio.gov/Portals/O/Files/HistoricPreservation/CurrentProiects/AffordableHousing44 OpportunityAtRisk-Report.pddf Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFbW 354 of 594 Paqe 17 of 28 "Until the City of San Antonio can put new programs and policies into place, to reach the goal that the "average San Antonio family can afford to buy a home," the data illustrates that San Antonio is systematically razing housing that is affordable and building housing that is not." As Fayetteville looks to add housing units to supply, it is worth noting that new supply should be carefully balanced with preserving existing affordable housing — housing that can be in areas prime for redevelopment due to growing land values compared to declining value of aging structures. Programs that provide assistance to low income households to help residents stay in their homes are a key part of preserving existing affordable housing. The City of Fayetteville's Community Resources Department completed home repair and rehabilitation projects for eighteen housing units and thirty-two residents in 2022 with funding from federal Community Development Block Grants (CDBG). The CDBG Program supports community development activities to build stronger and more resilient communities. To support community development, activities are identified through an ongoing process. Activities may address needs such as infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance/acquisition, microenterprise assistance, code enforcement, homeowner assistance, etc.'-' The 2022 housing program projects in Fayetteville included roof repair, replacement and installation of heating and cooling equipment, repairs of holes in floors, new plumbing fixtures, new flooring, new windows, and plumbing repairs. As of this assessment in 2023, the Community Resources Department has supported thirteen projects and eighteen residents with repair work that has included drywall repair, new roofs, new windows, new plumbing fixtures, basement remediation. and new plumbing fixtures. Total project costs for 2023 currently total $118,365 with an average project cost of S9,105. Participation in the CDBG program and accessing federal home repair funds will continue to be an important tool for preserving affordable housing for residents and keeping families in their homes. hudexchange.infolprograms/cdbg/ 45 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STIFbW 355 of 594 Paqe 18 of 28 STAFF EXHIBIT: PROXIMITY TO TIER CENTERS (CITY PLAN 2040) �49 • ..- •;i hwY Is ... _ o 16 _ OD, lstn • - - -- Paved Trail - _ City Limits • Tier 1 Center • Tier 2 Center ; o _ • Special District Tier 3 Center ' 49 1,15G(- High-activity Corridor •••• Transit Corridor 2fi5 _ 11 000 ��reen:ene ••.� �••• 0 1 2Mile Park Planning Area �; ; 0 1 2 4 Kilomete Enduring Green Network 71 :_+�, t Figure 2.0 - Growth Concept Mop Maple St r- 0.5 MILE N a' RADIUS , t Y m i�. hern R� Q � ❑�-' E Q Di son tit •♦ l ♦ 0 � v 7 ♦ �S - n ♦ -- 0_6 miles—— — c . vn-n a' Cr I J Y I �Jll V � p � V The (.arden, ni T 0.5 MILE J ` RADIUS iq 10111111111111 Planning Commission June RZN-2024-0028 (MODUS STlFt�W 356 of 594 Paqe 19 of 28 I s STAFF EXHIBIT: ENERGY ACTION PLAN EXCERPTS STAFF EXHIBIT: TRAFFIC ACCIDENTS rJ V •1% W 1 readwell 5t • Q w W IM11,111 "t p • t Traffic Crashes 2017-2021 Crashes + Crash (2017-2021) Fatal injury • Incapacitating Injury • Non -incapacitating injury • Possible injury • No apparent injury `t i ►11 P % t — Crash Density (2017-2021) • Sparse - Dense High Injury Network Corridor Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STIFNW 357 of 594 Page 20 of 28 Wonsower, Donna From: Planning Shared Sent: Tuesday, June 11, 2024 2:00 PM To: Wonsower, Donna Subject: FW: Treadwell/Hill/Duncan rezone & rzn2024-0028 Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kathryn Cook <kat.a.cook3@gmail.com> Sent: Tuesday, June 11, 2024 1:44 PM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-ar.gov> Subject: Treadwell/Hill/Duncan rezone & rzn2024-0028 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I'm still asking you vote "No" on this rezone. I understand the UofA needs more student housing but they need to put a cap back on their acceptance until they get caught up or they need to at least, build some student housing themselves, on their campus. They have plenty of parking lots they can make into parking decks with forms above. They have not built any new housing themselves since this mess started. The City 2040 plan discusses pockets of neighborhood rezone to save certain neighborhoods, this should fall directly in that category. It's such a true neighborhood. It's all about the correct zoning for this area, and a seven story "Marshall" type building is not what needs to be here. When did we start letting developers run the city zoning and decide to turn our city into a faceless, overpriced metropolis? It's so expensive to build that we can't build cheap enough to create new housing that's this affordable - we have to depend on the existing housing for that. Once it's gone, it's gone. There is also one person, who owns one lot, across the street from us on Duncan and he is trying to also rezone that entire side of the neighborhood. He's posturing to the city, and the neighbors like he owns Planning Commission June 24, 2024 RZN-2024-0028 (MODUs sTlFAW 358 of 594 Paqe 21 of 28 more than he does and has agreed to more than he actually has. He is twisting some neighbor's arms into selling because he's fronting like he's definitely putting a huge seven story development across the street (between Duncan and the High School football field. One landlord in the rezone told me he has no plans to sell, another owner is on some sort of Estate ownership so nothing can be done or purchased until he passed away (and if he magically was forced to move, it'd kill him like other elderly friends I've had), and one lot is even excluded. If both of these rezoned go through, the entire top of this hill will be stripped, not only of the housing but of the community, ALL OF THE TREES, the birds, foxes, racoons, opossum, deer, etc, the public green space, not to mention all of the transformers and infrastructure updates they would need to deal with all of the water runoff since 90% of the existing green space/previous surface (which is a lot) would be gone. The attached photo is of the other rezoned, the yellow lot is the only lot he owns. Please stop all of this madness and vote no, please don't let these developers come in her and lie and scare people into selling their homes for greed. It's all purely about money and it shouldn't be. Thank you for your time, Kathryn Cook Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTlFNW 359 of 594 Page 22 of 28 Wonsower, Donna From: Planning Shared Sent: Monday, June 24, 2024 4:19 PM To: Wonsower, Donna Subject: FW: RZN-2024-0028 Attachments: PXL_20240624_153431668jpg;PXL_20240624_153524589jpg;PXL_20240624_ 153447904jpg;PXL_20240606_150902674jpg;PXL_20240621_022411716jpg;PXL_ 20240621_142912313jpg Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kathryn Cook <kat.a.cook3@gmail.com> Sent: Monday, June 24, 2024 2:21 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: RZN-2024-0028 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon. Please, I am beggingyou to not send this to City Council. Please vote'No'. Any rezone here should be to protect the neighborhood and the habits and ecosystems. I have attached pictures. Also, many neighbors have said they don't plan to sell and others are only selling because this developer has been posturing like he owns more than the one lot he owns, and has been essentially making them feel like they have no choice but to sell. This type of thing has been forcing out people who have lived here for 50 years. Not to mention, one person has a Life Estate so they can't do anything until he dies but they've said they want him out. This is what we're doing? Our city has the opportunity to save this area. The ecosystem alone. Many of us want to request and habitat study. We have owls, deer, groundhogs, foxes, cats, birds - owls, Mississippi Kite, Eagle, etc. so many homes. How will the removal and destruction of the area be addressed? Will they be rehomed or ran into the streets? If you look at a current Google maps image that shows the actual trees, you'll see 50% of these lots are covered in beautiful, untouched nature that deserves to be preserved. Page 360 of 594 Not to mention the steep grade down to the high school football field. How will this affect that drainage and will it be seven stories on the street edge or the high school edge? Depending, the building could be a In echo monstrosity on the football field side. The UofA has yet to build it's own fair share of housing. They have plenty of parking lots that can be turned into three story parking decks (triples parking) with student housing above. Please reconsider and thankyou for your time and consideration. -Kathryn Cook Page 361 of 594 Wonsower, Donna From: Wonsower, Donna Sent: Thursday, June 6, 2024 8:21 AM To: hoghousel04@gmail.com Cc: Curth, Jonathan Subject: RE: FW: RZN-2024-0018; Request to Table Attachments: 03 - rezoning request letter_v1.pdf, 04 - bill of assurance_v2.pdf Good Morning, See attached for the request letter and proposed bill of assurances for RZN-2024-0028. This item is scheduled to be heard at the June 24 Planning Commission meeting, and I will save your email for inclusion in the Planning Commission packet. Please let me know if you have any further comments you would like to see included. Please note that the "Approved" stamp on the drawings is only an indication that the document is ready to be heard at the commission and is not an indication of overall project approval. Best Regards, Donna Wonsower, AICP Candidate (she/her) Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Thursday, June 6, 2024 8:09 AM To: Wonsower, Donna <donsower@fayetteville-ar.gov> Subject: FW: FW: RZN-2024-0018; Request to Table Donna, During the back -and -forth keeping the public appraised about the Treadwell zoning's tabling at this week's Council, I received the request below for information about the rezoning west of Duncan. It appears you are considering this one as well, right? If so, please accommodate the request below for information on RZN-2024- 0028. Thanks in advance, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas jcurth@fayetteville-a r.gov 479.575.8308 Planning Commission June 24, 2024 RZN-2024-0028 (MODus sTE[51W 363 of 594 Page 23 of 28 Website l Facebook l Twitter l Youtube From: Scott and Jasmine 104 Duncan <hoghouse104@gmail.com> Sent: Wednesday, June 5, 2024 6:08 PM To: Curth, Jonathan <icurth@fayetteville-ar.gov> Subject: Re: FW: RZN-2024-0018; Request to Table CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Jonathan! Do you mind sending me the information about the rezoning request for RZN-2024- 0028 when it's available? It looks like this is a similar request for MSG. I don't see how the infrastructure in this area could handle this large of an increase in density. We'll be submitting comments in objection for this one too. Jasmine Nile On Wed, Jun 5, 2024 at 8:29 AM Curth, Jonathan <icurth@fayetteville-ar.gov> wrote: Certainly, and to confirm, the item was indeed tabled to the next Council meeting on June 18t" Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas i c u rth @fayetteville-a r. gov 479.575.8308 Website l Facebook l Twitter l Youtube From: Scott and Jasmine 104 Duncan <hoghouse104@gmail.com> Sent: Tuesday, June 4, 2024 4:05 PM To: Curth, Jonathan <jcurth@favetteville-ar.gov> Subject: Re: FW: RZN-2024-0018; Request to Table Planning Commission June 24, 2024 RZN-2024-0028 (MODUs sTE[51W 364 of 594 Page 24 of 28 June 24, 2024 RZN-2024-0028 (MODus sTR�W 365 of 594 Paqe 25 of 28 RZN-2024-0028 Close Up View RMF-24 P/r, I A10, t,t7 p P-1 Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits 65 S. DUNCAN AVE CENTER ST w Z DG O Subject Property Proposed N It Q V Z C Proposed MSC TREADWEL• L-ST w Q J J 2 Feet 0 75 150 300 450 600 1:2,400 PUTMAN •ST— ak Ri LTrei AA& NORTH Zone Current Proposed MSC 0.0 3.5 P-1 0.0 0.0 RMF-40 3.5 0.0 Total 3.5 ac June 24, 2024 RZN-2024-0028 (MODUS STE[51W 366 of 594 Pace 26 of 28 RZN-2024-0028 65 S. DUNCAN AVE J& Current Land Use _ NORTH 'ET r Z - A�� r m �ONpFt Multi -family Residential • hrr CENTER ST Subject Property } - Fayetteville High School Complex Harmon Field Mixed -Density Residential ; • ;�3 Y'� ,r Fayetteville High School Complex �1�► f Mixed -Density Residential > t BULLDOG BLVD STONE ST =� t, 0 a _.� mf 1- f -Ali. . JEW Neighborhood Link FEMA Flood Hazard Data Institutional Master Plan Urban Center Unclassified 100-Year Floodplain Alley Feet FloodlNay Residential Link Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1 :3, GV 00 Design Overlay District annlnQ Commission RZN-2024-0028 (MODUS STE[51W 367 of 594 Page 27 of 28 June 24, 2024 368 of 594 RZN-2024-0028 (MODUS STIW Page 28 of 28 PUBLIC COMMENTS RECEIVED AFTER PACKET FINALIZED From: Green, Jana <Jana.Green@adtalem.com> Sent: Wednesday, June 26, 2024 3:47 PM To: Planning Shared <plannmg@fayettevdle-acRov> Subject: RZN-2024-0028 (EAST OF HARMON FIELD ON S. DUNCAN AVE) CAUTION This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I'm" Ing to find out more about the rezoning of my apartment building on S. Duncan Ave. I missed the hearing because I had the wrong date, sent tome by the attorney's office. RZN-2024-0028 (EAST OF HARMON FIELD ON S. DUNCAN AVE) I need to know how long it will be before they plan on tearing down the property. I also want to note that these apartments and the ones across the street on Treadwell are some of the LAST affordable rentals in Fayetteville. I'm not sure where you expect people with lower incomes to live, but it clearly isn't in this town or the surrounding area. There has been a housing crisis declared, but there has been no indication that anything will be done except to proceed to exclude those with lower incomes and fewer options. It's very unfortunate given that Fayetteville was once an incredibly inclusive community. Please send any information you can on the timeline so I can act accordingly and inform my neighbors. Thank you. Regards. Jana D. Green 1 Representative u. Global Transcript Evaluation Team I Institutional Support Services E Jana greentDadtalem com 500 W Monroe St. I Chicago. IL 60661 1 adtalem com ADTALEM GLOBAL EDUCATION Page 369 of 594 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In support of its application for a zoning reclassification, the owner, developer, or buyer of this Property, (hereinafter "Petitioner") South Duncan, LLC, hereby voluntarily offers this Bill of Assurance to the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce the terms of this Bill of Assurance in the Circuit Court of Washington County, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will rely upon the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that the Property subject to the rezoning request shall be restricted as follows IF Petitioner's rezoning and large-scale development applications are approved and as a part of the approval process of the Fayetteville City Council: 1. The following uses shall not be permitted: a. Unit 17, Transportation trades and services; b. Unit 34, Liquor stores; and c. Unit 45, Small scale production. 2. A Bill of Assurance containing the above restricted uses shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning and large-scale development application are approved and shall be noted on any Final Plat or Large Scale Development Plan of the Property. The Bill of Assurance will provide that the use restrictions will run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. IN TNENS WHEREOF the undersigned Petitioner executes this document. 1 SEH By: 11 I C"CN 6 ro inScD1N_ Date Its: A thorized Agent 4375 N. Vantage Drive Fayetteville, AR /on b L2� Address 'signature Notary Oath STATE OF ARKANSAS } COUNTY OF WASHINGTON } Page 370 of 594 And now on this the day of C Lu M , ,-, , 2024, Vicki Bronson as authorized agent of South Duncan, LLC appeared before me, a Notary Public in and for said county and state, and after being placed upon her oath swore or affirmed that she did sign her name to the within and foregoing document in her capacity as authorized agent of South Duncan, LLC. e t NOTARY PUBLIC My Commission Expires: UNDA BOLTE NOTARY PUBUC WASHINGTON COUNTY, ARKANSAS COMM. EXP. 09/11/32 COMMISSION NO.12389588 Page 371 of 594 Received By Kit Williams - 07/16/2024 12:20 PM BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of MSC, Main Street Center for the following property: see legal description on Exhibit A attached, 1, as the authorized agent for the owner or buyer of this property, Vicki Bronson (hereinafter called "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council: Specific activities that will not be allowed upon Petitioner's property include: Unit 17, transportation trade services Unit 34 liquor stores Unit 45, small scale production Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions Page 372 of 594 stated above, I, Vicki Bronson, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. Prin d Name of Authorized Agent Signature STATE OF ARKANSAS COUNTY OF WASHINGTON ,Au t,-t Position or Title of A orized Agent --�It�AD4 Date NOTARY OATH On this, the 16th day of July 2024, before me, the undersigned notary, personally appeared Vicki Bronson, known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. YTARYUBLI My Commission Expires: Ga�STImob lyH co G) Go Page 373 of 594 EXHIBIT A Legal Description The West 117.0 feet of the South 14.5 feet of Lot Two (2) and the West 117.0 feet of the North 35 feet of Lot Three (3) Block Seven (7), I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and Twenty (20) feet of equal and uniform width off the South side of Lot Numbered Three (3), all of Lots Four (4) and Five (5) and all Lot Numbered Six (6), except one hundred fifty (150) feet of equal and uniform width off the East end of Lot Six (6), all in Block Seven (7) in I. W. Duncan's Addition to the City of Fayetteville, Arkansas. and One hundred fifty (150) feet of equal width off the East end of Lot Numbered Six (6) in Block Numbered Seven (7) in I. W. Duncan's Addition to the City of Fayetteville, as designated upon the recorded plat of said Addition. and Lot 1, Block 6, I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as shown on plat of record in Plat Book 4 at Page 192, plat records of Washington Couty, Arkansas. and The North forty (40) feet of Lot Numbered Two (2) in Block Numbered Six (6) of I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and 15 feet of equal and uniform width off the South side of Lot Numbered 2 and 45 feet of equal and uniform width off the North side of Lot Numbered 3 in Block Numbered 6 of I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and Ten (10) feet of equal and uniform width off the South side of Lot Numbered Three (3) and all of Lot Numbered Four (4) in Block Numbered Six (6) in I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and 3 Page 374 of 594 Lots Numbered Five (5) and Six (6) in Block Numbered (6) in I. W. Duncan's Addition to the City of Fayetteville, as shown and designated upon the recorded plat of said Addition, EXCEPT a strip of equal and uniform width of fifteen (15) feet off the South side of said Lot Six (6). and A part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, and being described as follows, to -wit: Beginning at a point that is 660 feet (40 Rods) South of the NE corner of said forty acre tract; said point being in Duncan Street in the City of Fayetteville; thence with said Street, South 45 feet; thence leaving said street, West 215.4 feet (Deed Call 220 feet) to a fence; thence North 45 along said fence; thence East 215.4 feet (Deed Call 220 feet) to the Point of Beginning, containing 0.22 acres, more or less. Subject to that portion that lies in Duncan Street on the East. and A part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range Thirty (30) West, Washington County, Arkansas, described as follows: Beginning at a point which is 705 feet South of the Northeast corner of said forty -acre tract, thence South 85 feet; thence West 220 feet; thence North 85 feet; thence East 220 feet to the point of beginning. and A part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 800 feet South of the NE corner of said 40-acre tract; and running thence South 60 feet; thence West 220 feet; thence North 60 feet; thence East 220 feet to the point of beginning. and a part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, of the Fifth Principal Meridian, and being more particularly described as follows: Beginning at a point which is 800 feet South of the NE corner of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, and running thence West 200 feet; thence North 10 feet; thence East 200 feet; thence South 10 feet to the point of the beginning. Page 375 of 594 FEA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Mayor Blake Pennington City Council Senior Assistant City Attorney Kara Paxton, City Clerk/ Treasurer Hannah Hungate Assistant City Attorney Stacy Barnes CC: Susan Norton, Chief of Staff Paralegal Jonathan Curth, Development Services Director FROM: Kit Williams, City Attorney C DATE: July 16, 2024 RE: Proposed rezoning on South Duncan Attached please find the proposed revised rezoning ordinance which now states it is subject to the revised proffered Bill of Assurance submitted by the applicant. Once the applicant officially offers this Bill of Assurance to remove transportation trade services, liquor stores, and small scale production facilities as permitted uses from its requested Main Street Center rezoning, I will ask the City Council to amend the initial rezoning ordinance to the new one with "subject to a bill of assurance" added. The motion should be to amend the current ordinance to the one attached to this memo (or handed out at this meeting) and amend the previously mentioned Bill of Assurance to the new slightly amended and improved Bill of Assurance (which is attached to this memo). These two amendments in one motion should occur before public comment so that the public can comment if they desire to about the Bill of Assurance as well as the proposed rezoning itself. Page 376 of 594 ORDINANCE NO. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center, subject to the attached Bill of Assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 16th day of July, 2024. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Page 377 of 594 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of MSC Main Street Center for the following property: see legal description on Exhibit A attached, I, as the authorized agent for the owner or buyer of this property, Vicki Bronson (hereinafter called "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that .Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council: Specific activities that will not be allowed upon Petitioner's property include: Unit 17, transportation trade services Unit 34 li uor stores Unit 45, small scale production Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions Page 378 of 594 stated above, I, Vicki Bronson, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. Prin ,d Name of Authorized Agent Signature STATE OF ARKANSAS COUNTY OF WASHINGTON AU than :z e,� A Position or Title of A-iorized Agent Date NOTARY OATH On. this, the 16th day of July 2024, before me, the undersigned notary, personally appeared Vicki Bronson, known to me (or satisfactorily proven) to be the person(s) whose name is/ subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. TARY PUBLI My Commission Expires: GatiSTI �yti z � c� c'Ig lens 2 Page 379 of 594 Received From: Jonathan Curth 08/01/2024 3:27 PM = The Cardinal at West Cen ter GS t sir 1 �L 1= Atmosphere W I rcodwell st 71: Q t Harmon Field = - r Q M 11:1 W Putman St _1 1 t � � _ 0 0.01 0.03 0.05 mi The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any Exhibit claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with p reference to the data. No word, phrase, or clause found herein shall be Fayetteville, AR construed to waive that tort immunity set forth under Arkansas law. Created: 8/1/2024 Credits: City of Fayetteville, AR Map Author: Page 380 of 594 Received From: Jonathan Curth 08/01/2024 3:27 PM CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2024 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: August 1, 2024 SUBJECT: UA Student Housing CITY COUNCIL MEMO BACKGROUND: At the July 16, 2024 City Council meeting, councilmember inquiries were made about off - campus students enrolled at the University of Arkansas -Fayetteville (UA). These questions were posed in the context of a rezoning request (RZN-2024-0028) for approximately 3.7 acres of land on the west side of S. Duncan Avenue near Fayetteville High School and situated between the main UA campus to the north and the expanding UA School of Art facilities to the south. SUMMARY: • 2023 UA student enrollment was 32,140, an increase of 86.1% since 2004 • Current on -campus housing totals 6,229 beds, 2,800 of which were opened since 2004 • UA has entered in to off -campus master leases for approximately 1,200 beds in 2024 • 1,265 new on -campus beds are proposed for Summer 2027 • An estimated 24,000 UA students live off campus • Five projects in various states of development review are identified as fully- or partially student oriented, constituting an approximate 3,400 beds DISCUSSION: To ground any consideration of UA students, a clear understanding of their number and the University's enrollment growth is important. Between 2004 and 2023, student enrollment increased 86.1 %, from 17,269 to 32,140. Most prominently, between 2010 and 2012, and 2021 and 2023, enrollment increased by more than 1,200 students annually. Over the same time, the availability of on -campus UA housing has grown at a slower rate despite the addition of 2,800 new beds with projects like Maple Hill East and West, the Duncan Avenue Apartments, and Adohi Hall. Combined with older facilities, the UA has 6,229 on - campus beds spread among dorms, suites, apartments, and other housing types. This is not adequate to house the approximately 6,400 freshman that enrolled in Fall of 2023, which is a factor, when combined with the COVID pandemic, in the UA loosening their policy for the requirement of freshman to live on -campus. To partially address this shortfall, the UA Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Page 381 of 594 entered in to master leases with off -campus housing providers. In 2023, this included 720 beds with estimates for 2024 exceeding 1,200 beds. Additionally, the UA undertook a housing study that recommends construction of additional on -campus housing, with plans underway for 1,265 new, on -campus beds in the Maple Hill area. Combined, this represents about 8,600 beds when considering currently available, on -campus bedrooms, properties under master lease, and the new, on -campus housing scheduled to open Summer of 2027. Expanding beyond freshman enrollment and housing needs, 2023 UA data suggests there are approximately 20,604 undergraduate students living off -campus, or approximately 75% of the total. Less apparent is the number of graduate students, who totaled 4,668 in 2023, that are housed off -campus. Taking a conservative estimate and assuming comparable proportions of graduate and undergraduates live off -campus, indicates that an estimated 24,000 UA students seek off -campus housing. Perhaps unsurprisingly, a robust private market for student housing has resulted. While there is not readily identifiable data on the number of existing units and beds utilized for off -campus students, development review staff are familiar with the nature and intended occupants of many incoming residential projects. Currently, this includes five locations with student -oriented projects in varying stages of development, ranging from recently rezoned to nearing construction permitting. Based on the current details for these projects, all are intended to be fully or partially marketed towards students with an overall bed count of 3,415. Attachments: • Table 1: UA Enrollment • Table 2: On -Campus UA Housing & Master Leases • Table 3: Off -Campus Student Estimates • Table 4: Pending/In-Development Student Housing Page 382 of 594 Table 1: UA Enrollment Enrollment Total %YoY #YoY Year Enrollment Change Change 2023 32,140 3.9% 1,204 2022 30,936 6.4% 1,868 2021 29,068 5.5% 1,506 2020 27,562 0.0% 3 2019 27,559 -0.8% (219) 2018 27,778 0.8% 220 2017 27,558 1.3% 364 2016 27,194 1.6% 440 2015 26,754 2.0% 517 2014 26,237 3.5% 896 2013 25,341 3.3% 804 2012 24,537 5.8% 1,338 2011 23,199 8.4% 1,794 2010 21,405 7.8% 1,556 2009 19,849 3.4% 655 2008 19,194 2.9% 546 2007 18,648 4.0% 722 2006 17,926 0.6% 105 2005 17,821 3.2% 552 2004 17,269 - - TOTAL Change 2004-2023 86.1 % 14,871 Source: UA Office of Strategic Analytics & Insights Table 2: On -Campus UA Housing & Master Leases On -Campus Housing & Master Leases 2024 On campus Notes Traditional 3,373 Semi -suite 828 Suites 1,632 Apartments 188 Staff 208 TOTAL Existing On -Campus 6,229 Proposed New 1,265 Maple Hill North: 645, Maple Hill Central: 620 - SUMMER 2027 TOTAL On -Campus Summer 2027 7,494 Master Leased 1,257 Versus 720 in 2023 (Marshal, Cardinal, Locale, Ozark Villas) TOTAL On- & Off -Campus Leases 8,751 Source: Vice Chancellor Battjes presentation to Spring 2024 Town & Gown Page 383 o1 594 Table 3: Off -Campus Student Estimates Student Estimates 2023 Enrollment Total Off -Campus Est. Undergraduate Students 27,472 Off-campus/Commuter Undergrads 20,604 Graduate Students 4,668 Off-campus/Commuter Grads 3,501 '* TOTAL Off -Campus Estimate 24,105 *Based on source estimate of 75% of undergrads as off-campus/commuter **Assuming comparable proportion of graduate students as off-campus/commuter SOURCE: UA Common Data Set (College Board, Peterson's, US News & World Report collaboration) Table 4: Pending/In-Development Student Housing Pend in /In -Development Student Housing Parcel Number (Project Name) Units I Beds 765-13732-012 (Axis) 209 630 765-14008-000 (1301 N. Gregg Ave.) 174 650 Various (151 Dickson) 185 611 Various (612 Center) 226 674 Various (Subtext) 270 850 W. of Duncan Unknown Unknown TOTAL Pending/In-Development Off -Campus 3,415 On -Campus (Maple Hill) 1,265 TOTAL Pending/In-Development On- & Off -Campus 4,680 Page 384 of1594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Steven Dotson, Internal Auditor SUBJECT: Sales and Use Tax Bonds (Issuance Authorization) RECOMMENDATION: CITY COUNCIL MEMO 2024-365 Recommend approval of an ordinance authorizing the issuance and sale of the City's not to exceed $15,000,000 Sales and Use Tax Capital Improvement Bonds, Series 2024, for the purpose of financing all or a portion of the costs of certain street and park facilities and improvements. BACKGROUND: Note: Final documents will be attached to this item when available. The City is authorized and empowered under the provisions of the Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas ("Amendment 62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Local Government Bond Act"), to issue and sell its capital improvement bonds to finance and refinance the costs of various capital improvements such as those comprising the Streets Project and the Parks Project which capital improvement bonds may be secured by and payable from the receipts of the special city-wide sales and use tax authorized by the Local Government Bond Act. Pursuant to the election ordinance (Ordinance 6126) adopted and approved on December 18, 2018 there was submitted to the qualified electors of the City various questions regarding the issuance of capital improvement bonds for the purpose of financing all or a portion of the costs of the various capital improvements, including the Projects, said bonds to be secured by a pledge of and lien upon all of the receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the Local Government Bond Act (the "Sales and Use Tax"). At a special election held April 9, 2019, a majority of the qualified electors of the City voting on each of the questions approved the issuance of capital improvement bonds in the principal amounts and for each of the specific purposes set forth on the ballot (and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts thereof to the payment of the bonds) DISCUSSION: After the previous bond issues in 2019 and 2022, approximately $15,000,000 of the approved funding remains to be issued. As authorized under the provisions of Amendment 62 and the Local Government Bond Act and as approved by the qualified electors of the City, the City has now determined to issue and sell its Sales and Use Tax Capital Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 385 of 594 Improvement Bonds, Series 2024, in the aggregate principal amount of not to exceed $15,000,000 (the "Series 2024 Bonds"), in order to provide funding for all or a portion of the costs of the Projects. BUDGET/STAFF IMPACT: Funding will be provided by issuance of Sales and Use Tax Capital Improvement Bonds ATTACHMENTS: SRF (#3), Bond Ordinance (#4), Bond Purchase Agreement (#5), Preliminary Official Statement (#6), Continuing Disclosure Agreement (#8), Second Supplemental Trust Indenture (#9) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 386 of 594 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-365 Sales and Use Tax Bonds (Issuance Authorization) AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY'S NOT TO EXCEED $15,000,000 SALES AND USE TAX CAPITAL IMPROVEMENT BONDS, SERIES 2024, FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CERTAIN STREET AND PARK FACILITIES AND IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL TRUST INDENTURE PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE SERIES 2024 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City") has previously determined that there is a need for a source of revenues to finance all or a portion of the costs of critical capital improvement projects, including (1) streets and related improvements (the "Streets Project"), and (2) parks system and related improvements (the "Parks Project"); and WHEREAS, the City is authorized and empowered under the provisions of the Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas ("Amendment 62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Local Government Bond Act"), to issue and sell its capital improvement bonds to finance and refinance the costs of various capital improvements such as those comprising the Streets Project and the Parks Project (collectively, the "Projects"), which capital improvement bonds may be secured by and payable from the receipts of the special city-wide sales and use tax authorized by the Local Government Bond Act; and WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act and the provisions of Ordinance No. 6126 of the City, adopted and approved on December 18, 2018 (the "Election Ordinance"), there was submitted to the qualified electors of the City various questions regarding the issuance of an aggregate of not to exceed $213,865,000 in principal amount of capital improvement bonds for the purpose of financing all or a portion of the costs of the various capital improvements, including the Projects, said bonds to be secured by a pledge of and lien upon all of the receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the Local Government Bond Act (the "Sales and Use Tax"); and WHEREAS, at a special election held April 9, 2019, a majority of the qualified electors of the City Page 1 Page 387 of 594 Ordinance: File Number. 2024-365 voting on each of the questions approved the issuance of capital improvement bonds in the principal amounts and for each of the specific purposes set forth on the ballot (and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts thereof to the payment of the bonds); and WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act, as approved by the qualified electors of the City, and as authorized by of Ordinance No. 6194 of the City, adopted and approved on June 4, 2019, the City has previously issued (i) its $124,425,000 Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), (ii) its $3,170,000 Sales and Use Tax Capital Improvement Bonds, Taxable Series 2019B (the "Series 2019B Bonds"), and (iii) its $74,340,000 Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"); WHEREAS, the Series 2019B Bonds have been paid in full; and WHEREAS, as authorized under the provisions of Amendment 62 and the Local Government Bond Act and as approved by the qualified electors of the City, the City has now determined to issue and sell its Sales and Use Tax Capital Improvement Bonds, Series 2024, in the aggregate principal amount of not to exceed $15,000,000 (the "Series 2024 Bonds"), in order to provide funding for all or a portion of the costs of the Projects; and WHEREAS, as authorized by the provisions of the Election Ordinance, the City has previously made arrangements for the sale of the Series 2024 Bonds to Stephens Inc., Fayetteville, Arkansas (the "Underwriter"), pursuant to the terms of a Bond Purchase Agreement between the City and the Underwriter (the "Bond Purchase Agreement") in substantially the form presented to and before this meeting; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas that: Section 1. Under the authority of the Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas and the Local Government Bond Act, there is hereby authorized the issuance of bonds of the City to be designated as "Sales and Use Tax Capital Improvement Bonds, Series 2024" (the "Series 2024 Bonds"). The Series 2024 Bonds shall be issued in the original aggregate principal amount of not to exceed Fifteen Million Dollars ($15,000,000) and shall mature not later than November 1, 2033, in the principal amounts and bearing interest at the rates to be specified in the Bond Purchase Agreement. The average yield on the Series 2024 Bonds as a whole shall not exceed 5.00% per annum. Of the $15,000,000 maximum aggregate principal amount of Series 2024 Bonds hereby authorized, (i) not to exceed $10,105,000 shall be deemed to apply to the Streets Project (Question 2 on the ballot), and (ii) not to exceed $4,895,000 shall be deemed to apply to the Parks Project (Question 5 on the ballot), and the proceeds of the Series 2024 Bonds shall be allocated accordingly. The proceeds of the Series 2024 Bonds will be utilized to finance all or a portion of the costs of the Projects described above, and to pay printing, underwriting, legal and other expenses incidental to the issuance of the Series 2024 Bonds. The Series 2024 Bonds shall be issued in the forms and denominations, shall be dated, shall be numbered, shall mature, shall be subject to redemption prior to maturity, and shall contain such other terms, covenants and conditions, all as set forth in the Second Supplemental Trust Indenture submitted Page 2 Page 388 of 594 Ordinance: File Number: 2024-365 to this meeting. The Mayor is hereby authorized and directed to execute and deliver the Series 2024 Bonds in substantially the form thereof contained in the Second Supplemental Trust Indenture submitted to this meeting, and the City Clerk is hereby authorized and directed to execute and deliver the Series 2024 Bonds and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Series 2024 Bonds to be accepted and authenticated by the Trustee. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Kutak Rock LLP, Little Rock, Arkansas ("Bond Counsel"), in order to complete the Series 2024 Bonds in substantially the form contained in the Second Supplemental Trust Indenture submitted to this meeting, with such changes as shall be approved by such persons executing the Series 2024 Bonds, their execution to constitute conclusive evidence of such approval. Section 2. In order to pay the principal of and interest on the Series 2024 Bonds as they mature or are called for redemption prior to maturity, there is hereby pledged all of the receipts of an existing one percent (1.00%) Sales and Use Tax levied by the Election Ordinance. Such pledge securing the Series 2024 Bonds shall be made on a parity basis with the existing pledge of such receipts in favor of the Series 2019A Bonds and the Series 2022 Bonds. The levy and collection of the Sales and Use Tax shall continue until such time as the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds are no longer outstanding or sufficient funds are on deposit with the Trustee under the Trust Indenture (defined below) to redeem the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds in full. The City covenants and agrees that all receipts from the Sales and Use Tax will be accounted for separately as special funds on the books of the City, and receipts of said Sales and Use Tax will be deposited and will be used solely as provided in the Trust Indenture. Section 3. To prescribe the terms and conditions upon which the Series 2024 Bonds are to be executed, authenticated, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Second Supplemental Trust Indenture (the "Second Supplemental Trust Indenture"), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"), and the City Clerk is hereby authorized and directed to execute and acknowledge the Second Supplemental Trust Indenture and to affix the seal of the City thereto, and the Mayor and the City Clerk are hereby authorized and directed to cause the Second Supplemental Trust Indenture to be accepted, executed and acknowledged by the Trustee. The Second Supplemental Trust Indenture supplements and amends a Trust Indenture dated as of August 1, 2019, as previously supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, each by and between the City and the Trustee (collectively, the "Original Indenture," and as further supplemented and amended by the Second Supplemental Trust Indenture, the "Trust Indenture"). The Second Supplemental Trust Indenture is hereby approved in substantially the form submitted to this meeting, including, without limitation, the provisions thereof pertaining to the pledge of the Sales and Use Tax receipts and the terms of the Series 2024 Bonds. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Second Supplemental Trust Indenture in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Second Supplemental Trust Indenture, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Second Supplemental Trust Indenture in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Page 3 Page 389 of 594 Ordinance: File Number: 2024-365 Section 4. There is hereby authorized and approved a Preliminary Official Statement of the City, including the cover page and appendices attached thereto, relating to the Series 2024 Bonds. The distribution of the Preliminary Official Statement is hereby approved. The Preliminary Official Statement, as amended to conform to the terms of the Bond Purchase Agreement, including Exhibit A thereto, and with such other changes and amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the "Official Statement," and the Mayor is hereby authorized to execute the Official Statement for and on behalf of the City. The Official Statement is hereby approved in substantially the form of the Preliminary Official Statement submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Official Statement in substantially the form of the Preliminary Official Statement submitted to this meeting, with such changes as shall be approved by such persons, the Mayor's execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Preliminary Official Statement is on file with the City Clerk and is available for inspection by any interested person.) Section 5. In order to prescribe the terms and conditions upon which the Series 2024 Bonds are to be sold to the Underwriter, the Mayor is hereby authorized and directed to execute a Bond Purchase Agreement on behalf of the City, to be dated as of the date of its execution (the "Bond Purchase Agreement"), by and between the City and the Underwriter, and the Bond Purchase Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Underwriter and Bond Counsel in order to complete the Bond Purchase Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Bond Purchase Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Bond Purchase Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 6. In order to provide for continuing disclosure of certain financial and operating information with respect to the Sales and Use Tax and the City in compliance with the provisions of Rule 15c2-12 of the U. S. Securities and Exchange Commission, the Mayor is hereby authorized and directed to execute a Continuing Disclosure Agreement to be dated as of the date of its execution (the "Continuing Disclosure Agreement"), by and between the City and the Trustee, and the Mayor is hereby authorized and directed to cause the Continuing Disclosure Agreement to be executed by the Trustee. The Continuing Disclosure Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Continuing Disclosure Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Continuing Disclosure Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Continuing Disclosure Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 7. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and Page 4 Page 390 of 594 Ordinance: File Number: 2024-365 directed to do any and all things necessary to effect the issuance, sale, execution and delivery of the Series 2024 Bonds and to effect the execution and delivery of the Second Supplemental Trust Indenture, the Bond Purchase Agreement, the Official Statement, the Continuing Disclosure Agreement and a Tax Compliance Agreement relating to the tax exemption of interest on the Series 2024 Bonds, and to perform all of the obligations of the City under and pursuant thereto. The Mayor and the City Clerk are further authorized and directed, for and on behalf of the City, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. Section 8. As previously provided in the Election Ordinance, Kutak Rock LLP, Little Rock, Arkansas, is hereby confirmed as Bond Counsel on behalf of the City in connection with the issuance and sale of the Series 2024 Bonds. Section 9. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared to be illegal or invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Ordinance. Section 10. All ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Page 5 Page 391 of 594 Steve Dotson Submitted By City of Fayetteville Staff Review Form 2024-0365 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2024 CHIEF FINANCIAL OFFICER (110) Submitted Date Division / Department Action Recommendation: Recommend approval of an ordinance authorizing the issuance and sale of the City's not to exceed $15,000,000 Sales and Use Tax Capital Improvement Bonds, Series 2024, for the purpose of financing all or a portion of the costs of certain street and park facilities and improvements. Budget Impact: Account Number Fund Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: Page 392 of 594 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY'S NOT TO EXCEED $15,000,000 SALES AND USE TAX CAPITAL IMPROVEMENT BONDS, SERIES 2024, FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CERTAIN STREET AND PARK FACILITIES AND IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL TRUST INDENTURE PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE SERIES 2024 BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE SERIES 2024 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City") has previously determined that there is a need for a source of revenues to finance all or a portion of the costs of critical capital improvement projects, including (1) streets and related improvements (the "Streets Project"), and (2) parks system and related improvements (the "Parks Project"); and WHEREAS, the City is authorized and empowered under the provisions of the Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas ("Amendment 62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Local Government Bond Act"), to issue and sell its capital improvement bonds to finance and refinance the costs of various capital improvements such as those comprising the Streets Project and the Parks Project (collectively, the "Projects"), which capital improvement bonds may be secured by and payable from the receipts of the special city-wide sales and use tax authorized by the Local Government Bond Act; and WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act and the provisions of Ordinance No. 6126 of the City, adopted and approved on December 18, 2018 (the "Election Ordinance"), there was submitted to the qualified electors of the City various questions regarding the issuance of an aggregate of not to exceed $213,865,000 in principal amount of capital improvement bonds for the purpose of financing all or a portion of the costs of the various capital improvements, including the Projects, said bonds to be secured by a pledge of and lien upon all of the receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the Local Government Bond Act (the "Sales and Use Tax"); and WHEREAS, at a special election held April 9, 2019, a majority of the qualified electors of the City voting on each of the questions approved the issuance of capital improvement bonds in the principal amounts and for each of the specific purposes set forth on the ballot (and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts thereof to the payment of the bonds); and 4870-1197-0765.3 Page 393 of 594 WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act, as approved by the qualified electors of the City, and as authorized by of Ordinance No. 6194 of the City, adopted and approved on June 4, 2019, the City has previously issued (i) its $124,425,000 Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), (ii) its $3,170,000 Sales and Use Tax Capital Improvement Bonds, Taxable Series 2019B (the "Series 2019B Bonds"), and (iii) its $74,340,000 Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"); WHEREAS, the Series 2019B Bonds have been paid in full; and WHEREAS, as authorized under the provisions of Amendment 62 and the Local Government Bond Act and as approved by the qualified electors of the City, the City has now determined to issue and sell its Sales and Use Tax Capital Improvement Bonds, Series 2024, in the aggregate principal amount of not to exceed $15,000,000 (the "Series 2024 Bonds"), in order to provide funding for all or a portion of the costs of the Projects; and WHEREAS, as authorized by the provisions of the Election Ordinance, the City has previously made arrangements for the sale of the Series 2024 Bonds to Stephens Inc., Fayetteville, Arkansas (the "Underwriter"), pursuant to the terms of a Bond Purchase Agreement between the City and the Underwriter (the "Bond Purchase Agreement") in substantially the form presented to and before this meeting; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas that: Section 1. Under the authority of the Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas and the Local Government Bond Act, there is hereby authorized the issuance of bonds of the City to be designated as "Sales and Use Tax Capital Improvement Bonds, Series 2024" (the "Series 2024 Bonds"). The Series 2024 Bonds shall be issued in the original aggregate principal amount of not to exceed Fifteen Million Dollars ($15,000,000) and shall mature not later than November 1, 2033, in the principal amounts and bearing interest at the rates to be specified in the Bond Purchase Agreement. The average yield on the Series 2024 Bonds as a whole shall not exceed 5.00% per annum. Of the $15,000,000 maximum aggregate principal amount of Series 2024 Bonds hereby authorized, (i) not to exceed $10,105,000 shall be deemed to apply to the Streets Project (Question 2 on the ballot), and (ii) not to exceed $4,895,000 shall be deemed to apply to the Parks Project (Question 5 on the ballot), and the proceeds of the Series 2024 Bonds shall be allocated accordingly. The proceeds of the Series 2024 Bonds will be utilized to finance all or a portion of the costs of the Projects described above, and to pay printing, underwriting, legal and other expenses incidental to the issuance of the Series 2024 Bonds. The Series 2024 Bonds shall be issued in the forms and denominations, shall be dated, shall be numbered, shall mature, shall be subject to redemption prior to maturity, and shall contain such other terms, covenants and conditions, all as set forth in the Second Supplemental Trust Indenture submitted to this meeting. The Mayor is hereby authorized and directed to execute and deliver the Series 2024 Bonds in substantially the form thereof contained in the Second Supplemental Trust Indenture submitted to this meeting, and the City Clerk is hereby authorized and directed to execute 2 4870-1197-0765.3 Page 394 of 594 and deliver the Series 2024 Bonds and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Series 2024 Bonds to be accepted and authenticated by the Trustee. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Kutak Rock LLP, Little Rock, Arkansas ("Bond Counsel"), in order to complete the Series 2024 Bonds in substantially the form contained in the Second Supplemental Trust Indenture submitted to this meeting, with such changes as shall be approved by such persons executing the Series 2024 Bonds, their execution to constitute conclusive evidence of such approval. Section 2. In order to pay the principal of and interest on the Series 2024 Bonds as they mature or are called for redemption prior to maturity, there is hereby pledged all of the receipts of an existing one percent (1.00%) Sales and Use Tax levied by the Election Ordinance. Such pledge securing the Series 2024 Bonds shall be made on a parity basis with the existing pledge of such receipts in favor of the Series 2019A Bonds and the Series 2022 Bonds. The levy and collection of the Sales and Use Tax shall continue until such time as the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds are no longer outstanding or sufficient funds are on deposit with the Trustee under the Trust Indenture (defined below) to redeem the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds in full. The City covenants and agrees that all receipts from the Sales and Use Tax will be accounted for separately as special funds on the books of the City, and receipts of said Sales and Use Tax will be deposited and will be used solely as provided in the Trust Indenture. Section 3. To prescribe the terms and conditions upon which the Series 2024 Bonds are to be executed, authenticated, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Second Supplemental Trust Indenture (the "Second Supplemental Trust Indenture"), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"), and the City Clerk is hereby authorized and directed to execute and acknowledge the Second Supplemental Trust Indenture and to affix the seal of the City thereto, and the Mayor and the City Clerk are hereby authorized and directed to cause the Second Supplemental Trust Indenture to be accepted, executed and acknowledged by the Trustee. The Second Supplemental Trust Indenture supplements and amends a Trust Indenture dated as of August 1, 2019, as previously supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, each by and between the City and the Trustee (collectively, the "Original Indenture," and as further supplemented and amended by the Second Supplemental Trust Indenture, the "Trust Indenture"). The Second Supplemental Trust Indenture is hereby approved in substantially the form submitted to this meeting, including, without limitation, the provisions thereof pertaining to the pledge of the Sales and Use Tax receipts and the terms of the Series 2024 Bonds. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Second Supplemental Trust Indenture in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Second Supplemental Trust Indenture, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Second Supplemental Trust Indenture in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) 3 4870-1197-0765.3 Page 395 of 594 Section 4. There is hereby authorized and approved a Preliminary Official Statement of the City, including the cover page and appendices attached thereto, relating to the Series 2024 Bonds. The distribution of the Preliminary Official Statement is hereby approved. The Preliminary Official Statement, as amended to conform to the terms of the Bond Purchase Agreement, including Exhibit A thereto, and with such other changes and amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the "Official Statement," and the Mayor is hereby authorized to execute the Official Statement for and on behalf of the City. The Official Statement is hereby approved in substantially the form of the Preliminary Official Statement submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Official Statement in substantially the form of the Preliminary Official Statement submitted to this meeting, with such changes as shall be approved by such persons, the Mayor's execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Preliminary Official Statement is on file with the City Clerk and is available for inspection by any interested person.) Section 5. In order to prescribe the terms and conditions upon which the Series 2024 Bonds are to be sold to the Underwriter, the Mayor is hereby authorized and directed to execute a Bond Purchase Agreement on behalf of the City, to be dated as of the date of its execution (the "Bond Purchase Agreement"), by and between the City and the Underwriter, and the Bond Purchase Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Underwriter and Bond Counsel in order to complete the Bond Purchase Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Bond Purchase Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Bond Purchase Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 6. In order to provide for continuing disclosure of certain financial and operating information with respect to the Sales and Use Tax and the City in compliance with the provisions of Rule 15c2-12 of the U. S. Securities and Exchange Commission, the Mayor is hereby authorized and directed to execute a Continuing Disclosure Agreement to be dated as of the date of its execution (the "Continuing Disclosure Agreement"), by and between the City and the Trustee, and the Mayor is hereby authorized and directed to cause the Continuing Disclosure Agreement to be executed by the Trustee. The Continuing Disclosure Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Continuing Disclosure Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Continuing Disclosure Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Continuing Disclosure Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) 0 4870-1197-0765.3 Page 396 of 594 Section 7. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to effect the issuance, sale, execution and delivery of the Series 2024 Bonds and to effect the execution and delivery of the Second Supplemental Trust Indenture, the Bond Purchase Agreement, the Official Statement, the Continuing Disclosure Agreement and a Tax Compliance Agreement relating to the tax exemption of interest on the Series 2024 Bonds, and to perform all of the obligations of the City under and pursuant thereto. The Mayor and the City Clerk are further authorized and directed, for and on behalf of the City, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. Section 8. As previously provided in the Election Ordinance, Kutak Rock LLP, Little Rock, Arkansas, is hereby confirmed as Bond Counsel on behalf of the City in connection with the issuance and sale of the Series 2024 Bonds. Section 9. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared to be illegal or invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Ordinance. Section 10. All ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. ADOPTED AND APPROVED THIS DAY OF , 2024. ATTEST: City Clerk (SEAL) APPROVED: Mayor 4870-1197-0765.3 Page 397 of 594 BOND PURCHASE AGREEMENT September _, 2024 City of Fayetteville City Administration Building 113 West Mountain Fayetteville, Arkansas 72701 $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 Ladies and Gentlemen: KUTAK ROCK LLP DRAFT 07/12/2024 On the basis of the representations, warranties and agreements and upon the terms and conditions contained herein, the undersigned, Stephens Inc. (the "Underwriter"), hereby offers to enter into this Bond Purchase Agreement (this "Bond Purchase Agreement") with the City of Fayetteville, Arkansas (the "City") which, upon your acceptance of this offer, will be binding upon you and upon the Underwriter. Terms not otherwise defined herein shall have the same meanings as set forth in the Indenture defined and described below. This offer is made subject to your acceptance of this Bond Purchase Agreement on or before midnight on September , 2024. The Underwriter may withdraw this offer by written notice to the City at any time prior to its acceptance. 1. General. Upon the terms and conditions and in reliance upon the respective representations, warranties and covenants herein, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell to the Underwriter, all (but not less than all) of $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds, Series 2024 (the "Series 2024 Bonds"), at the purchase price (the "Purchase Price") of $ (the par amount of the Series 2024 Bonds plus a net reoffering premium of $ and less underwriter's discount of $ ). The Series 2024 Bonds shall be issued by the City pursuant to the provisions of the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 to the Constitution and Arkansas Code Annotated (1998 Repl. & Supp. 2023) § § 14-164-301 et seq. (the "Act"). The Series 2024 Bonds will constitute special and limited obligations of the City, ratably secured solely by and payable solely from a pledge of and lien on (1) the receipts from a one percent (1.00%) city-wide sales and use tax (the "Sales and Use Tax) authorized under the Act 4862-0648-8782.1 Page 398 of 594 and levied within the City pursuant to Ordinance No. 6216 of the City Council of the City which was adopted on December 18, 2018 (the "Election Ordinance"), which levy was approved by the voters of the City at a special election held April 9, 2019, and (2) moneys or investments on deposit in the Revenue Fund, Bond Fund and Redemption Fund established by a Trust Indenture dated as of August 1, 2019, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, and as supplemented and amended by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"), all as more particularly described in the Indenture. The pledge of receipts from the Sales and Use Tax is made on a parity basis with the existing pledge of such receipts securing (i) the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), and (ii) the City's Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"). The Series 2024 Bonds shall be issued and secured pursuant to Ordinance No. of the City Council of the City which was adopted on August _, 2024 (the "Authorizing Ordinance"), and pursuant to the Indenture. The Series 2024 Bonds shall have the maturities and interest rates as set forth in Exhibit A hereto. The Series 2024 Bonds shall be subject to redemption as set forth in the Indenture and in the Official Statement (hereinafter defined). The proceeds of the Series 2024 Bonds will be used (i) to pay all or a portion of the costs of certain street improvements and parks system improvements (collectively, the "2024 Project"), and (ii) to pay certain expenses in connection with the issuance of the Series 2024 Bonds. The City will undertake, pursuant to a Continuing Disclosure Agreement to be dated as of the date of delivery of the Series 2024 Bonds (the "Continuing Disclosure Agreement"), to provide certain annual financial and operating information and notices of the occurrence of certain listed events, as required by Section (b)(5)(i) of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the "Rule"). A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement (each hereinafter defined). Although certain of its past filings of annual financial and operating information were not made on or before the dates required by the City's continuing disclosure undertakings, as described in the Official Statement (hereinafter defined), the City represents that all such filings have now been made through the EMMA system of the Municipal Securities Rulemaking Board and that it has undertaken steps to ensure future compliance with its continuing disclosure undertakings. In order to ensure compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), applicable to the Series 2024 Bonds, the City will enter into a Tax Compliance Agreement dated as of the date of delivery of the Series 2024 Bonds (the "Tax Compliance Agreement"). 2. Bona Fide Public Offering. The Underwriter agrees to make a bona fide public offering of all of the Series 2024 Bonds at the offering prices set forth on the inside cover of the final Official Statement described below. 2 4862-0648-8782.1 Page 399 of 594 3. Delivery of Official Statement. (a) The City has previously provided the Underwriter with copies of its Preliminary Official Statement, including the cover page and the appendices thereto, dated , 2024, relating to the Series 2024 Bonds (the "Preliminary Official Statement"). As of its date, the Preliminary Official Statement is "deemed final" by the City for purposes of SEC Rule 15c2-12(b)(1). The Preliminary Official Statement, as amended to conform to the terms of this Bond Purchase Agreement, including Exhibit A hereto, and with such other changes and amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the "Official Statement." (b) The City agrees to deliver to the Underwriter, at such address as the Underwriter shall specify, as many copies of the final Official Statement dated September , 2024, relating to the Series 2024 Bonds as the Underwriter shall reasonably request as necessary to comply with paragraph (b)(4) of the Rule (as defined above) and with Rule G-32 and Rule G-36 and all other applicable rules of the Municipal Securities Rulemaking Board. The City agrees to deliver such final Official Statement within seven (7) business days after the execution hereof. (c) Pursuant to the Authorizing Ordinance, the City has authorized and approved the Preliminary Official Statement and the final Official Statement, consented to their distribution and use by the Underwriter and authorized the execution of the final Official Statement by a duly authorized officer of the City. The City hereby ratifies and confirms the use of the Preliminary Official Statement by the Underwriter prior to the date hereof in connection with the public offering of the Series 2024 Bonds. (d) The Underwriter shall give notice to the City on the date after which no participating underwriter, as such term is defined in the Rule, remains obligated to deliver final Official Statements pursuant to paragraph (b)(4) of the Rule. 4. City's Representations and Warranties. The City represents and warrants to the Underwriter that: (a) The City is a duly organized and existing political subdivision under the Constitution and laws of the State of Arkansas (the "State"). The City is authorized by the provisions of the Act to issue the Series 2024 Bonds for the purpose of financing a portion of the costs of the 2024 Project. (b) The City has the full legal right, power and authority (i) to adopt the Election Ordinance levying the Sales and Use Tax, (ii) to adopt the Authorizing Ordinance authorizing the issuance of and sale of the Series 2024 Bonds, (iii) to enter into this Bond Purchase Agreement, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement, (iv) to levy the Sales and Use Tax, (v) to issue, sell and deliver the Series 2024 Bonds to the Underwriter as provided herein, (vi) to pledge irrevocably the receipts of the Sales and Use Tax to the payment of the principal of, premium, if any, and interest on the Series 2024 Bonds, and (vii) to carry out and consummate all other transactions contemplated by each of the 3 4862-0648-8782.1 Page 400 of 594 aforesaid documents, and the City has complied with all provisions of applicable law, including the Act, in all matters relating to such transactions. (c) The City has duly authorized (i) the execution and delivery of the Series 2024 Bonds and the execution, delivery and due performance of this Bond Purchase Agreement, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement, (ii) the distribution and use of the Preliminary Official Statement and the execution, delivery and distribution of the final Official Statement, and (iii) the taking of any and all such actions as may be required on the part of the City to carry out, give effect to and consummate the transactions contemplated by such instruments. All consents or approvals necessary to be obtained by the City in connection with the foregoing have been received, and the consents or approvals so received remain still in full force and effect. (d) The Election Ordinance and the Authorizing Ordinance have been duly adopted by City Council of the City, are each in full force and effect and each constitutes the legal, valid and binding act of the City; and this Bond Purchase Agreement, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement, when executed and delivered, will constitute legal, valid and binding obligations of the City, and this Bond Purchase Agreement, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement are enforceable against the City in accordance with their respective terms, except as enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally. (e) When delivered to or at the direction of the Underwriter, the Series 2024 Bonds will have been duly authorized, executed, authenticated, issued and delivered and will constitute legal, valid and binding obligations of the City in conformity with the laws of the State of Arkansas, including the Act, and will be entitled to the benefit and security of the Authorizing Ordinance and the Indenture. (f) The City has duly approved and authorized the distribution and use of the Preliminary Official Statement and the execution, delivery and distribution of the Official Statement. (g) The information contained in the Preliminary Official Statement is, and as of the Closing Date such information in the final Official Statement will be, true and correct in all material respects, and the Preliminary Official Statement does not and the final Official Statement will not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (h) If, at any time prior to the earlier of (i) receipt of notice from the Underwriter pursuant to Section 3(d) hereof that Official Statements are no longer required to be delivered under the Rule or (ii) 25 days after the Closing Date, any event occurs as a result of which the Official Statement, as then amended or supplemented, might include an untrue statement of a material fact, or omit to state any material fact rd 4862-0648-8782.1 Page 401 of 594 necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the City shall promptly notify the Underwriter in writing of such event. Any information supplied by the City for inclusion in any amendments or supplements to the Official Statement will not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Upon the request of the Underwriter therefor, the City shall prepare and deliver to the Underwriter, at the City's expense, as many copies of an amendment or supplement to the Official Statement which will correct any untrue statement or omission therein as the Underwriter may reasonably request. (i) Neither the adoption of the Authorizing Ordinance or the Election Ordinance, the execution and delivery of this Bond Purchase Agreement, the Series 2024 Bonds, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement or the Tax Compliance Agreement, nor the consummation of the transactions contemplated herein or therein or the compliance with the provisions hereof or thereof will conflict with, or constitute on the part of the City a violation of, or a breach of or default under, (i) any statute, indenture, mortgage, commitment, note or other agreement or instrument to which the City is a party or by which it is bound, (ii) any provision of the Constitution of the State of Arkansas, or (iii) any existing law, rule, regulation, ordinance, judgment, order or decree to which the City (or the members of its City Council or any of its officers in their respective capacities as such) is subject. All consents, approvals, authorizations and orders of governmental or regulatory authorities, if any, which are required for the City's execution and delivery of, consummation of the transactions contemplated by, and compliance with the provisions of this Bond Purchase Agreement, the Authorizing Ordinance, the Election Ordinance, the Series 2024 Bonds, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement have been obtained. 0) Except as is specifically disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or, to the best knowledge of the City, threatened, which in any way questions the powers of the City referred to in subparagraph 4(b) above, or the validity of any proceeding taken by the City in connection with the issuance of the Series 2024 Bonds or the levy of the Sales and Use Tax, or wherein an unfavorable decision, ruling or finding could materially adversely affect the transactions contemplated by this Bond Purchase Agreement, or of any other document or instrument required or contemplated by the Series 2024 Bond financing, or which, in any way, could adversely affect the validity or enforceability of the Authorizing Ordinance, the Election Ordinance, the Series 2024 Bonds, the Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement or this Bond Purchase Agreement or, to the knowledge of the City, which in any way questions the exclusion from gross income of the recipients thereof of the interest on the Series 2024 Bonds for federal income tax purposes or in any other way questions the status of the Series 2024 Bonds under federal or State of Arkansas tax laws or regulations. 5 4862-0648-8782.1 Page 402 of 594 (k) Any certificate signed by any official of the City and delivered to the Underwriter shall be deemed a representation and warranty by the City to the Underwriter as to the truth of the statements therein contained. (1) The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. (m) The collection history with respect to the City's Sales and Use Tax set forth in the Preliminary Official Statement under the caption entitled "HISTORICAL SALES AND USE TAX COLLECTIONS" is fair, accurate and complete. (n) The City will not knowingly take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Series 2024 Bonds to be applied in a manner other than as provided in the Indenture, or which would cause the interest on the Series 2024 Bonds to be includable in gross income for federal income tax purposes. 5. City's Covenants. The City covenants with the Underwriter as follows: (a) The City will cooperate with the Underwriter in qualifying the Series 2024 Bonds for offer and sale under the securities or Blue Sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the City shall not be required to consent to suit or to service of process in any jurisdiction. The City consents to the use by the Underwriter in the course of its compliance with the securities or Blue Sky laws of the various jurisdictions of the documents relating to the Series 2024 Bonds, subject to the right of the City to withdraw such consent for cause by written notice to the Underwriter. (b) Prior to the earlier of (i) receipt of notice from the Underwriter pursuant to Section 3(d) hereof that final Official Statements are no longer required under the Rule or (ii) 25 days after the Closing Date, the City shall provide the Underwriter with such information regarding the City, the receipts from the Sales and Use Tax, and the current financial condition and ongoing operations of the City, all as the Underwriter may reasonably request. 6. Closing. At 10:00 a.m. Fayetteville, Arkansas time on October , 2024, or at such other time and/or date as shall have been mutually agreed upon by the City and the Underwriter (the "Closing Date"), the City will deliver the Series 2024 Bonds, or cause the Series 2024 Bonds to be delivered, to or at the direction of the Underwriter, said Series 2024 Bonds to be in definitive form duly executed by the City and authenticated by Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"), together with the other documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the Purchase Price of the Series 2024 Bonds by making a wire transfer of federal funds payable to the order of the Trustee for the account of the City. The Series 2024 Bonds shall be delivered to The Depository Trust Company in New York, New York, and the activities relating to the final execution and delivery of the 6 4862-0648-8782.1 Page 403 of 594 Authorizing Ordinance, the Election Ordinance, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement and the other documents related to the Series 2024 Bonds and the payment for the Series 2024 Bonds and the delivery of the certificates, opinions and other instruments as described in Section 8 of this Bond Purchase Agreement shall occur in the offices of Kutak Rock LLP, 124 West Capitol Avenue, Suite 2000, Little Rock, Arkansas ("Bond Counsel"), or at such other place as shall have been mutually agreed upon between the City and the Underwriter. The payment for the Series 2024 Bonds and simultaneous delivery of the Series 2024 Bonds to or at the direction of the Underwriter is herein referred to as the "Closing." 7. Underwriter's Right to Cancel. The Underwriter shall have the right to cancel its obligation to purchase the Series 2024 Bonds hereunder by notifying the City in writing or by telegram of its election to do so between the date hereof and the Closing, if at any time hereafter and prior to the Closing: (i) the House of Representatives or the Senate of the Congress of the United States, or a committee of either, shall have pending before it, or shall have passed or recommended favorably, legislation introduced previous to the date hereof, which legislation, if enacted in its form as introduced or as amended, would have the purpose or effect of imposing federal income taxation upon revenues or other income of the general character to be derived by the City or by any similar body under the Election Ordinance, the Authorizing Ordinance or the Indenture or similar documents or upon interest received on obligations of the general character of the Series 2024 Bonds, or of causing interest on obligations of the general character of the Series 2024 Bonds, to be includable in gross income for purposes of federal income taxation, and such legislation, in the Underwriter's opinion, materially adversely affects the market price of the Series 2024 Bonds; or (ii) a tentative decision with respect to legislation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States, or legislation shall be favorably reported or rereported by such a committee or be introduced, by amendment or otherwise, in or be passed by the House of Representatives or the Senate, or recommended to the Congress of the United States for passage by the President of the United States, or be enacted or a decision by a federal court of the United States or the United States Tax Court shall have been rendered, or a ruling, release, order, regulation or official statement by or on behalf of the United States Treasury Department, the Internal Revenue Service or other governmental agency shall have been made or proposed to be made having the purpose or effect, or any other action or event shall have occurred which has the purpose or effect, directly or indirectly, of adversely affecting the federal income tax consequences of owning the Series 2024 Bonds or of any of the transactions contemplated in connection herewith, including causing interest on the Series 2024 Bonds to be included in gross income for purposes of federal income taxation, or imposing federal income taxation upon revenues or other income of the general character to be derived by the City or by any similar body under the Election Ordinance, the Authorizing Ordinance or the Indenture or similar documents or upon interest received on obligations of the general character of the Series 2024 Bonds, or the Series 2024 Bonds which, in the opinion of the Underwriter, materially adversely affects the market price of or market for the Series 2024 Bonds; or 7 4862-0648-8782.1 Page 404 of 594 (iii) legislation shall have been enacted, or actively considered for enactment with an effective date prior to the Closing, or a decision by a court of the United States shall have been rendered, the effect of which is that the Series 2024 Bonds, including any underlying obligations, or the Indenture, as the case may be, is not exempt from the registration, qualification or other requirements of the Securities Exchange Act of 1933, as amended and as then in effect, the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect; or (iv) a stop order, ruling, regulation or official statement by the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall have been issued or made or any other event occurs, the effect of which is that the issuance, offering or sale of the Series 2024 Bonds, including any underlying obligations, or the execution and delivery of the Indenture as contemplated hereby or by the Official Statement, is or would be in violation of any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect; or (v) any event shall have occurred or any information shall have become known to the Underwriter which causes the Underwriter to reasonably believe that the Official Statement as then amended or supplemented includes an untrue statement of a material fact, or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; or (vi) there shall have occurred any outbreak of hostilities or any national or international calamity or crisis, including a financial crisis, the effect of which on the financial markets of the United States is such as, in the reasonable judgment of the Underwriter, would materially adversely affect the market for or market price of the Series 2024 Bonds; or (vii) there shall be in force a general suspension of trading on the New York Stock Exchange, the effect of which on the financial markets of the United States is such as, in the reasonable judgment of the Underwriter, would materially adversely affect the market for or market price of the Series 2024 Bonds; or (viii) a general banking moratorium shall have been declared by federal, New York or State authorities; or (ix) any proceeding shall be pending or threatened by the Securities and Exchange Commission against the City; or (x) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; or (xi) the New York Stock Exchange or other national securities exchange, or any governmental authority, shall impose, as to the Series 2024 Bonds or obligations of the general character of the Series 2024 Bonds, any material restrictions not now in force, or N. 4862-0648-8782.1 Page 405 of 594 increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of the Underwriter. 8. Conditions to Underwriter's Obligations. The obligation of the Underwriter to purchase the Series 2024 Bonds shall be subject (a) to the performance by the City of its obligations to be performed hereunder at and prior to the Closing, (b) to the accuracy of the representations and warranties of the City herein as of the date hereof and as of the time of the Closing, and (c) to the following conditions, including the delivery by the City of such documents as are enumerated herein in form and substance satisfactory to the Underwriter: (a) The Series 2024 Bonds shall have been duly authorized, executed and delivered in the forms approved by the City in the Indenture with only such changes therein as the Underwriter and the City shall mutually agree upon, which shall in all instances be as described in the final Official Statement; (b) At the time of Closing, (i) the Official Statement, this Bond Purchase Agreement, the Second Supplemental Trust Indenture, the Authorizing Ordinance, the Election Ordinance, the Continuing Disclosure Agreement and the Tax Compliance Agreement shall be in full force and effect and shall not have been amended, modified or supplemented from the date hereof, except as may have been agreed to in writing by the Underwriter, (ii) the proceeds of the sale of the Series 2024 Bonds and other funds shall be deposited and applied as described in the Second Supplemental Trust Indenture, (iii) no default or event of default under the Indenture shall have occurred and be continuing, and (iv) no material adverse change affecting the City or the Sales and Use Tax shall have occurred, nor shall any development involving a prospective and material adverse change in, or affecting the business, financial condition, results of operations, prospects or properties of the City have occurred; (c) Receipt of fully executed originals of the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement at or prior to the Closing; (d) At or prior to the Closing, the Underwriter shall receive the following documents in such number of counterparts as shall be mutually agreeable to the Underwriter and Bond Counsel: (1) A final approving opinion of Bond Counsel, dated the Closing Date, in substantially the form set forth in Exhibit C hereto; (2) A supplemental opinion of Bond Counsel, addressed to the City, the Trustee and the Underwriter and dated the Closing Date, in substantially the form set forth in Exhibit D hereto; City; (3) The Official Statement executed by a duly authorized officer of the 4862-0648-8782.1 I Page 406 of 594 (4) Certified copies of the Authorizing Ordinance and the Election Ordinance and all other ordinances and resolutions of the City relating to the Series 2024 Bonds; (5) Certified copies of the Notice of Election and Mayor's Proclamation of Election Results, together with proofs of publication thereof; (6) Photocopies of the Series 2024 Bonds as executed and delivered; (7) A letter from S&P Global Ratings, a business unit of Standard & Poor's Financial Services, LLC, to the effect that the Series 2024 Bonds have been assigned a rating of no less than "AA-" (stable outlook), which rating shall be in effect as of the Closing Date; (8) A certificate, in form and substance satisfactory to the Underwriter, of any duly authorized officer or official of the City satisfactory to the Underwriter, dated as of the Closing Date, to the effect that: (i) each of the City's representations, warranties and covenants contained herein are true and correct as of the Closing Date; (ii) the City has duly adopted the Authorizing Ordinance and the Election Ordinance by all action necessary under the Act and the laws and Constitution of the State of Arkansas, and has duly authorized the execution, delivery and due performance of the Series 2024 Bonds, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Official Statement and this Bond Purchase Agreement; (iii) no litigation is pending, or to the knowledge of the officer or official of the City signing the certificate after due investigation and inquiry, threatened, to restrain or enjoin the issuance or sale of the Series 2024 Bonds or in any way affecting any authority for or the validity of the Series 2024 Bonds, the Sales and Use Tax, the Official Statement, the Authorizing Ordinance, the Election Ordinance, the Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement, or this Bond Purchase Agreement; (iv) the Series 2024 Bonds, the Second Supplemental Trust Indenture, this Bond Purchase Agreement, the Continuing Disclosure Agreement and the Tax Compliance Agreement, as executed and delivered by the City, are in the form or in substantially the form approved for such execution by appropriate proceedings of the City; (v) since December 31, 2023, there has not been any material adverse change in the financial condition or results of operations of the City whether or not arising in the ordinary course of business, other than as set forth in the Official Statement; (vi) neither the Authorizing Ordinance nor the Election Ordinance have been amended, modified or repealed as of the Closing Date, and the Authorizing Ordinance and the Election Ordinance remain in full force and effect; (vii) none of the proceedings of the City taken preliminary to the issuance of the Series 2024 Bonds, as certified in such certificate, including the levy of the Sales and Use Tax, have been in any manner repealed, amended or changed; (viii) the City has complied in all respects with the provisions of the Act and has full legal right, power and authority to levy the Sales and Use Tax and to issue the Series 2024 Bonds for the purposes stated in the Act and to enter into this Bond Purchase 10 4862-0648-8782.1 Page 407 of 594 Agreement, to adopt the Authorizing Ordinance and the Election Ordinance, to issue, sell and deliver the Series 2024 Bonds as provided in this Bond Purchase Agreement, and to carry out and consummate all other transactions contemplated by this Bond Purchase Agreement, the Authorizing Ordinance, the Election Ordinance, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement and the Tax Compliance Agreement; (ix) neither the Official Statement nor any amendment or supplement thereto contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading; and (x) to the best knowledge of the officer or official of the City signing the certificate, no event affecting the City or the Sales and Use Tax has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is used that is necessary to disclose therein in order to make the statements and information therein not misleading in any respect; (9) An opinion of Kit Williams, Esq., City Attorney, dated the Closing Date and addressed to the Underwriter, Bond Counsel and the Trustee, to the effect that (i) the City is a duly organized and validly existing political subdivision and city of the first class, organized under the laws of the State of Arkansas, with full power and authority to adopt the Authorizing Ordinance and Election Ordinance, to levy the Sales and Use Tax, and to execute and deliver the Series 2024 Bonds, the Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement and this Bond Purchase Agreement; (ii) the City has duly approved the Preliminary Official Statement and the Official Statement; (iii) the Authorizing Ordinance and the Election Ordinance have been duly adopted by the City by all action necessary under the Act and the laws and Constitution of the State of Arkansas, and each remains in full force and effect; (iv) the Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement and this Bond Purchase Agreement have been duly authorized, approved, executed and delivered by the City and, subject to the extent that the enforceability of the rights and remedies set forth therein may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally, constitute valid and binding agreements of the City enforceable in accordance with their terms; (v) the information in the Official Statement under the captions "THE PROJECTS," "THE CITY" and "LEGAL MATTERS" (apart from financial or statistical data contained or incorporated therein, as to which no view need be expressed) is fair, accurate and complete and does not omit any matter which, in such counsel's opinion, for the purposes for which the Official Statement is to be used, should be included or referred to therein; (vi) excepting those matters discussed in the Official Statement, there is no action, suit or proceeding at law or in equity before or by any court, public board or body, pending or threatened, against or affecting the City, challenging the validity of the transactions contemplated by the Official Statement or the validity of the Series 2024 Bonds, the Sales and Use Tax, the Authorizing Ordinance, the Election Ordinance, the Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement or this Bond Purchase Agreement and, to the best of such counsel's knowledge, there is no investigation, 11 4862-0648-8782.1 Page 408 of 594 pending or threatened, and no threatened action, suit or proceeding involving any of the matters hereinabove mentioned in this clause (vi); (vii) the execution and delivery of the Authorizing Ordinance, the Election Ordinance, the Second Supplemental Trust Indenture, the Continuing Disclosure Agreement, the Tax Compliance Agreement and this Bond Purchase Agreement, and compliance with the provisions hereof and thereof, under the circumstances contemplated hereby and thereby, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or any existing law, regulation, court order or consent decree to which the City is subject; and (viii) based upon the examinations which such counsel has made as counsel to the City, which shall be specified, nothing has come to such counsel's attention which would lead such counsel to believe that the Official Statement (except for the financial statements and other financial data included in the Official Statement, as to which no view need be expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (10) Evidence that Federal Form 8038-G has been executed by the City and is ready for filing with the Internal Revenue Service; (11) Evidence that, except as disclosed in the Official Statement, all necessary approvals, whether legal or administrative, have been obtained from applicable federal, state and local entities and agencies; and (12) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter and Bond Counsel may reasonably request to evidence compliance by the City with legal requirements, the truth and accuracy, as of the time of Closing, of the representations of the City herein contained and the due performance or satisfaction by the City at or prior to such time of all agreements then to be performed and all conditions then to be satisfied. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter contained in this Bond Purchase Agreement, or if the obligation of the Underwriter to purchase and accept delivery of the Series 2024 Bonds shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the City shall be under further obligation hereunder; except that the respective obligations to pay expenses, as provided in Section 12 hereof, shall continue in full force and effect. 9. Conditions to Obligations of the City. The obligations of the City hereunder are subject to the performance by the Underwriter of its obligations hereunder. 10. Survival. All representations, warranties and agreements of the City shall remain operative and in full force and effect, regardless of any investigations made by or on behalf of 12 4862-0648-8782.1 Page 409 of 594 the Underwriter, and shall survive the Closing. The obligations of the City under Sections 11 or 12 hereof shall survive any termination of this Bond Purchase Agreement by the Underwriter pursuant to the terms hereof. 11. Indemnification. The City, to the extent permitted by law, agrees to indemnify and hold harmless the Underwriter, each member, officer, director, partner or employee of the Underwriter and each person who controls the Underwriter within the meaning of Section 15 of the Securities Act of 1933, as amended, or Section 20 of the Securities Exchange Act of 1934, as amended (collectively called the "Indemnified Parties"), against any and all losses, claims, damages, liabilities or expenses (including any legal or other expenses incurred by an Indemnified Party in connection with investigating any claims against an Indemnified Party and defending any actions) whatsoever caused by any untrue statement or misleading statement or alleged untrue statement or alleged misleading statement of a material fact contained in the Official Statement or caused by any omission or alleged omission from the Official Statement of any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading insofar as such losses, claims, damages, liabilities or expenses are caused by any such untrue or misleading statement or omission or alleged untrue or misleading statement or omission in the information contained in the Official Statement; provided, however, that the City shall not be liable to an Indemnified Party in any such case to the extent that any such loss, claim, damage, liability or action arises out of, or is based upon, any untrue statement or alleged untrue statement or omission or alleged omission made in any of such documents in reliance upon and in conformity with written information furnished to the City by the Underwriter specifically for use therein. No Indemnified Parties shall be indemnified hereunder for any losses, claims, damages or liabilities resulting from the negligence or misconduct of such Indemnified Parties. In case any action shall be brought against one or more of the Indemnified Parties based upon the Official Statement and in respect of which indemnity may be sought against the City, the Indemnified Parties shall promptly notify the City in writing, and, to the extent permitted by law, the City shall promptly assume the defense thereof, including the employment of counsel, the payment of all expenses and the right to negotiate and consent to settlement. Any one or more of the Indemnified Parties shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party or Parties unless employment of such counsel has been specifically authorized by the City. The City shall not be liable for any settlement of any such action effected without its consent by any of the Indemnified Parties, but if settled with the consent of the City, the City agrees to indemnify and hold harmless the Indemnified Parties to the extent provided in this Bond Purchase Agreement and to the extent permitted by law. 12. Payment of Expenses. The City will pay or cause to be paid all reasonable expenses incident to the performance of its obligations under this Bond Purchase Agreement, including, but not limited to, expenses of mailing or delivery of the Series 2024 Bonds, legal publication costs, costs for obtaining CUSIP numbers on the Series 2024 Bonds, fees payable to The Depository Trust Company relating to the Series 2024 Bonds, Federal Funds charges, costs of printing the Series 2024 Bonds, the Preliminary and final Official Statements, or any amendment or supplement to the Preliminary or final Official Statement, fees and disbursements of Bond Counsel, accountants' fees and expenses, any fees charged by investment rating 13 4862-0648-8782.1 Page 410 of 594 agencies for the rating of the Series 2024 Bonds, bond insurance premiums, if any, fees of the Trustee and any paying agent fees, and any fees and disbursements in connection with the qualification of the Series 2024 Bonds for sale under the securities or "Blue Sky" laws of the various jurisdictions and the preparation of "Blue Sky" memoranda. In the event this Bond Purchase Agreement shall terminate because of the default of the Underwriter, the City will, nevertheless, pay, or cause to be paid, all of the expenses specified above. The Underwriter shall pay all advertising expenses in connection with the public offering of the Series 2024 Bonds, and all other expenses incurred by it in connection with the public offering and distribution of the Series 2024 Bonds, including the fees and expenses of any counsel retained by the Underwriter. If the City defaults under this Bond Purchase Agreement, the Underwriter may bring whatever legal action it may have against the City to recover damages, if any, incurred by the Underwriter. 13. Establishment of Issue Price. (a) The Underwriter agrees to assist the City in establishing the issue price of the Series 2024 Bonds and shall execute and deliver to the City at Closing an "issue price" or similar certificate, together with supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Series 2024 Bonds. (b) Except as otherwise set forth in Exhibit A attached hereto, the City will treat the first price at which 10% of each maturity of the Series 2024 Bonds (the "10% test") is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). At or promptly after the execution of this Bond Purchase Agreement, the Underwriter shall report to the City the price or prices at which the Underwriter has sold to the public each maturity of the Series 2024 Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Series 2024 Bonds, the Underwriter agrees to promptly report to the City the prices at which Series 2024 Bonds of that maturity have been sold by the Underwriter to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until either (i) all the Series 2024 Bonds of that maturity have been sold or (ii) the 10% test has been satisfied as to the Series 2024 Bonds of that maturity, provided that, the Underwriter's reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, the City or Bond Counsel. [Subsection (c) below shall apply only if the Underwriter agrees to apply the hold -the - offering -price rule, as described below.] [(c) The Underwriter confirms it has offered the Series 2024 Bonds to the public on or before the date of this Bond Purchase Agreement at the offering price or prices (the "initial offering price"), or at the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, as of the date of this Bond Purchase Agreement, the maturities, if any, of the Series 2024 Bonds for which the 10% test has not been satisfied and for which the City and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the City to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the "hold -the - offering -price rule"). So long as the hold -the -offering -price rule remains applicable to any 14 4862-0648-8782.1 Page 411 of 594 maturity of the Series 2024 Bonds, the Underwriter will neither offer nor sell unsold Series 2024 Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the date of the earlier of the following: (1) the close of business on the fifth (5th) business day after the sale date; or (2) the date on which the Underwriter has sold at least 10% of that maturity of the Series 2024 Bonds to the public at a price that is no higher than the initial offering price to the public. Upon the written request of the City, the Underwriter shall advise the City promptly after the close of the fifth (5th) business day after the sale date whether the Underwriter has sold 10% of that maturity of the Series 2024 Bonds to the public at a price that is no higher than the initial offering price to the public.] (d) The Underwriter confirms that: (i) any agreement among underwriters, any selling group agreement and each third -party distribution agreement (to which Underwriter is a party) relating to the initial sale of the Series 2024 Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group and each broker -dealer that is a party to such third -party distribution agreement, as applicable: (A)(i) to report the prices at which it sells to the public the unsold Series 2024 Bonds of each maturity allotted to it, whether or not the Closing Date has occurred, until either all Series 2024 Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Series 2024 Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold -the - offering -price rule, if applicable, if and for so long as directed by the Underwriter and as set forth in the related pricing wires; and (B) to promptly notify the Underwriter of any sales of the Series 2024 Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Series 2024 Bonds to the public (each such term being used as defined below); and (C) to acknowledge that, unless otherwise advised by the underwriter, dealer or broker -dealer, the Underwriter shall assume that each order submitted by the underwriter, dealer or broker -dealer is a sale to the public. (ii) any agreement among underwriters or selling group agreement relating to the initial sale of the Series 2024 Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter or dealer that is a party to a third -party distribution agreement to be employed in connection with the initial 15 4862-0648-8782.1 Page 412 of 594 sale of the Series 2024 Bonds to the public to require each broker -dealer that is a party to such third -party distribution agreement to (A) report the prices at which it sells to the public the unsold Series 2024 Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all the Series 2024 Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or such underwriter or dealer that the 10% test has been satisfied as to the Series 2024 Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or such underwriter or dealer, and (B) comply with the hold -the -offering -price rule, if applicable, if and for so long as directed by the Underwriter or the underwriter or the dealer and as set forth in the related pricing wires. (e) The City acknowledges that, in making the representation set forth in this Section, the Underwriter will rely on (i) the agreement of each underwriter to comply with the requirements for establishing issue price of the Series 2024 Bonds, including, but not limited to, its agreement to comply with the hold -the -offering -price rule, if applicable to the Series 2024 Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Series 2024 Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Series 2024 Bonds, including, but not limited to, its agreement to comply with the hold -the -offering -price rule, if applicable to the Series 2024 Bonds, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter or dealer who is a member of a selling group is a parry to a third -party distribution agreement that was employed in connection with the initial sale of the Series 2024 Bonds to the public, the agreement of each broker -dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Series 2024 Bonds, including, but not limited to, its agreement to comply with the hold -the -offering -price rule, if applicable to the Series 2024 Bonds, as set forth in the third -party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the requirements for establishing issue price of the Series 2024 Bonds, including, but not limited to, its agreement to comply with the hold -the -offering -price rule, if applicable to the Series 2024 Bonds, and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker -dealer that is a parry to a third -party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Series 2024 Bonds, including, but not limited to, its agreement to comply with the hold -the - offering -price rule, if applicable to the Series 2024 Bonds. (f) The Underwriter acknowledges that sales of any Series 2024 Bonds to any person that is a related party to an underwriter participating in the initial sale of the Series 2024 Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this Section 13. Further, for purposes of this Section 13: (i) "maturity" means Series 2024 Bonds with the same credit and payment terms. Series 2024 Bonds with different maturity dates, or Series 2024 Bonds with the same maturity date but different stated interest rates, are treated as separate maturities; 16 4862-0648-8782.1 Page 413 of 594 (ii) "public" means any person other than an underwriter or a related party; (iii) "underwriter" means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series 2024 Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Series 2024 Bonds to the public (including a member of a selling group or a party to a third -party distribution agreement participating in the initial sale of the Series 2024 Bonds to the public); (iv) a purchaser of any of the Series 2024 Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of the other), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profits interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one party of the other); and (v) "sale date" means the date of execution of this Bond Purchase Agreement by all parties. Section 14. Arm's Length Transaction. The City acknowledges and agrees that (i) the purchase and sale of the Series 2024 Bonds pursuant to this Bond Purchase Agreement is an arm's length commercial transaction between the City and the Underwriter; in connection with such transaction, including the process leading thereto, the Underwriter is acting solely as principal hereunder and not as an agent of or fiduciary to the City; (iii) the Underwriter has neither assumed an advisory or fiduciary responsibility in favor of the City with respect to the offering of the Series 2024 Bonds or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the City on other matters), nor has it assumed any other obligation to the City except the obligations expressly set forth in this Bond Purchase Agreement; (iv) the Underwriter has financial and other interests that differ from those of the City; and (v) the City has consulted its own legal and financial advisors to the extent it deemed appropriate in connection with the offering of the Series 2024 Bonds. 15. Notices. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by delivering the same in writing to the Mayor at the address set forth above, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Stephens Inc., 111 Center Street, Little Rock, AR 72201, Attention: Ms. Leigh Ann Biernat. 16. Nonassignability. This Bond Purchase Agreement is made solely for the benefit of the City and the Underwriter (including any successor or assign of the Underwriter), and no other person, including any purchaser of the Series 2024 Bonds, shall acquire or have any right hereunder or by virtue hereof. 17 4862-0648-8782.1 Page 414 of 594 17. Applicable Law. This Bond Purchase Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. 18. Counterparts. This Bond Purchase Agreement shall become effective upon your acceptance hereof and may be executed in counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, STEPHENS INC. By: Authorized Representative Accepted and agreed to as of the date first above written: CITY OF FAYETTEVILLE, ARKANSAS By: Title: Mayor I: 4862-0648-8782.1 Page 415 of 594 (November 1) Maturity 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 EXHIBIT A MATURITY SCHEDULE Principal Interest Amount(') Rate Yield (1) All maturities are General Rule maturities. (2) Mandatory sinking fund redemption. Price A-1 4862-0648-8782.1 Page 416 of 594 EXHIBIT B FORM OF ISSUE PRICE CERTIFICATE $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 The undersigned, as representative of Stephens Inc., as underwriter (the "Purchaser") of the above -captioned bonds (the "Bonds"), hereby certifies as set forth below with respect to the sale and issuance of the Bonds. Sale of the Bonds. As of the date of this Certificate, for each Maturity of the Bonds, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule 1. 2. Defined Terms. (a) Issuer means the City of Fayetteville, Arkansas. (b) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (c) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a Related Party (as such terms are defined below) to an Underwriter. (d) A purchaser of any of the Bonds is a Related Party to any Underwriter if the Underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (e) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this Certificate are limited to factual matters only. Nothing in this Certificate represents the Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax 4862-0648-8782.1 Page 417 of 594 Compliance Agreement and with respect to compliance with the federal income tax rules affecting the Bonds, and by Kutak Rock LLP, Bond Counsel, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. STEPHENS INC. By:_ Title: Dated: October , 2024 IM 4862-0648-8782.1 Page 418 of 594 SCHEDULE 1 SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING PRICES OF THE HOLD -THE -OFFERING -PRICE MATURITIES $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 (November 1) Maturity 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Principal Interest Amount(') Rate Yield �" All maturities are General Rule maturities. (2) Mandatory sinking fund redemption. Price 4862-0648-8782.1 Page 419 of 594 SCHEDULE 2 PRICING WIRE OR EQUIVALENT COMMUNICATION (To be attached 5-2-1 4862-0648-8782.1 Page 420 of 594 EXHIBIT C PROPOSED FORM OF BOND COUNSEL APPROVING OPINION Upon delivery of the Series 2024 Bonds in definitive form, Kutak Rock LLP, Little Rock, Arkansas, proposes to deliver its approving opinion in substantially the following form: , 2024 City of Fayetteville, Arkansas Fayetteville, Arkansas Simmons Bank, as Trustee Pine Bluff, Arkansas Stephens Inc. Little Rock, Arkansas $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance and sale by the City of Fayetteville, Arkansas (the "City"), a political subdivision of the State of Arkansas, of its $15,000,000 Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2024 (the "Series 2024 Bonds"). The Series 2024 Bonds are being issued pursuant to the provisions of the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 and Arkansas Code Annotated (1998 Repl. & Supp. 2023) §§14-164-301 et seq. (as from time to time amended, the "Local Government Bond Act"), pursuant to Ordinance No. of the City, duly adopted and approved on August , 2024 (the "Authorizing Ordinance"), and pursuant to a Trust Indenture dated as of August 1, 2019, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, and as supplemented and amended by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), by and between the City and Simmons Bank, as trustee (the "Trustee"). Reference is hereby made to the Indenture and to all indentures supplemental thereto for the provisions, among others, with respect to the conditions for the issuance of parity indebtedness by the City, with respect to the nature and extent of the security for the Series 2024 Bonds, the rights, duties and obligations of the City, the Trustee and the Holders of the Series 2024 Bonds, and the terms upon which the Series 2024 Bonds are issued and secured. C-1 4862-0648-8782.1 Page 421 of 594 At a special election held April 9, 2019, called in accordance with the Local Government Bond Act pursuant to Ordinance No. 6216 of the City, adopted on December 18, 2018 (the "Election Ordinance"), the issuance of capital improvement bonds secured by the Sales and Use Tax (as defined in the Indenture) was approved by a majority of the qualified electors of the City voting on each of the ten questions set forth on the ballot in the respective principal amounts and for the specified purposes therein described. Reference is made to an opinion of even date herewith of Kit Williams, Esq., City Attorney, a copy of which is on file with the Trustee, with respect, among other matters, to the status and valid existence of the City, the power of the City to adopt the Election Ordinance and the Authorizing Ordinance and to enter into and perform its obligations under the Indenture, the valid adoption of the Election Ordinance and the Authorizing Ordinance, and the due authorization, execution and delivery of the Indenture by the City, and with respect to the Indenture being enforceable upon the City. We have examined the law and such certified proceedings and other papers as we have deemed necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the representations of the City contained in the Election Ordinance, the Authorizing Ordinance and the Indenture and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The City is duly created and validly existing as a municipal corporation of the State of Arkansas. Pursuant to the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 and the Local Government Bond Act, the City is empowered to adopt the Election Ordinance and the Authorizing Ordinance, to execute and deliver the Indenture, to perform the agreements on its part contained therein, and to issue the Series 2024 Bonds. 2. The Authorizing Ordinance has been duly adopted by the City and constitutes a valid and binding obligation of the City enforceable upon the City in accordance with its terms. 3. The Indenture has been duly authorized, executed and delivered by the City and is a valid and binding obligation of the City enforceable upon the City in accordance with its terms. 4. The Series 2024 Bonds have been duly authorized, executed and delivered by the City and are valid and binding limited obligations of the City payable from and secured by a valid lien on and pledge of the Trust Estate (as defined in the Indenture), including receipts of the Sales and Use Tax (as defined in the Indenture), in the manner and to the extent provided in the Indenture. Such lien and pledge are made on a parity basis with the existing lien and pledge of the Trust Estate securing (i) the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A, and (ii) the City's Sales and Use Tax Capital Improvement Bonds, Series 2022. The City is duly authorized to pledge such Trust Estate, and no further action on the part of the City or any other party is required to perfect the same or the interest of the owners of the Series 2024 Bonds therein. C-2 4862-0648-8782.1 Page 422 of 594 5. The Sales and Use Tax has been validly adopted in accordance with the Constitution and laws of the State of Arkansas, including Amendment 62 and the Local Government Bond Act, and may be validly pledged to secure the Series 2024 Bonds. 6. Interest on the Series 2024 Bonds (including any original issue discount properly allocable to the owner of a Series 2024 Bond) is excludable from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. The opinions described in the preceding sentence assume the accuracy of certain representations and compliance by the City with covenants designed to satisfy the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be met subsequent to the issuance of the Series 2024 Bonds. Failure to comply with such requirements could cause interest on the Series 2024 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Series 2024 Bonds. The City has covenanted to comply with such requirements. We express no opinion regarding other federal tax consequences arising with respect to the Series 2024 Bonds. 7. The interest on the Series 2024 Bonds is exempt from all state, county and municipal taxes in the State of Arkansas. 8. The Series 2024 Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Indenture is not required to be qualified under the Trust Indenture Act of 1939, as amended, in connection with the offer and sale of the Series 2024 Bonds. It is to be understood that the rights of the registered owners of the Series 2024 Bonds and the enforceability of the Series 2024 Bonds, the Authorizing Ordinance and the Indenture may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable and that their enforcement may also be subject to the exercise of judicial discretion in appropriate cases. C-3 Very truly yours, 4862-0648-8782.1 Page 423 of 594 EXHIBIT D PROPOSED FORM OF BOND COUNSEL SUPPLEMENTAL OPINION , 2024 City of Fayetteville, Arkansas Fayetteville, Arkansas Simmons Bank, as Trustee Pine Bluff, Arkansas Stephens Inc. Little Rock, Arkansas $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 Ladies and Gentlemen: This opinion supplements our bond approving opinion, dated the date hereof, relating to the above -captioned bonds (the "Series 2024 Bonds"). Except as otherwise defined herein, the terms used herein shall have the meanings prescribed for them in said opinion. We have examined the law and such certified proceedings and other papers as we have deemed necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the representations of the City contained in the Indenture and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. In addition to the documents specifically mentioned in the approving opinion, in connection with this opinion we have also examined: (a) An executed counterpart of the Bond Purchase Agreement dated September _, 2024 (the "Bond Purchase Agreement"), by and between the City and Stephens Inc., as underwriter (the "Underwriter"); (b) An executed counterpart of the Continuing Disclosure Agreement dated October _, 2024 (the "Disclosure Agreement"), by and between the City and Simmons Bank, as dissemination agent (the "Dissemination Agent"); (c) An executed counterpart of the Tax Compliance Agreement dated October 2024 (the "Tax Compliance Agreement"), by and between the City and the Trustee; and D-1 4862-0648-8782.1 Page 424 of 594 (d) The Official Statement dated September _, 2024, with respect to the Series 2024 Bonds (the "Official Statement"). Based on our examination, we are of the opinion, as of the date hereof and under existing law, as follows: 1. The Bond Purchase Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the Underwriter, the Bond Purchase Agreement constitutes the valid and binding agreement of the City enforceable in accordance with its terms. 2. The Disclosure Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the Dissemination Agent, the Disclosure Agreement constitutes the valid and binding agreement of the City enforceable in accordance with its terms. 3. The Tax Compliance Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the Trustee, the Tax Compliance Agreement constitutes the valid and binding agreement of the City enforceable in accordance with its terms. 4. To the best of our knowledge, there is no litigation or other proceeding pending or threatened in any court, agency or other administrative body (either State or Federal) which could have a material adverse effect on (a) the financial condition of the City, (b) the ability of the City to perform its obligations under the Authorizing Ordinance, the Indenture, the Bond Purchase Agreement, the Disclosure Agreement or the Tax Compliance Agreement (collectively, the "Related Documents"), (c) the security for the Series 2024 Bonds, or (d) the transactions contemplated by the Related Documents. 5. Nothing has come to our attention which would cause us to believe that, as of the date hereof, the Official Statement (excluding financial and statistical data and information which is contained or incorporated in the Official Statement, as to which no view is expressed) contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The enforceability of the respective obligations of the parties to the documents and other items described above, and the availability of certain rights and remedies provided for therein, may be limited by bankruptcy, receivership, insolvency, reorganization, moratorium, marshalling or other similar statutes or rules of law affecting creditors' rights and remedies, to general principles of equity and to the discretion of any court in granting any relief or issuing any order, whether the proceeding is considered a proceeding at law or equity. In particular, the right to indemnification under any of the documents or other items described above may be limited by federal of state securities laws or by the public policy underlying such laws. D-2 4862-0648-8782.1 Page 425 of 594 This opinion is being rendered to you solely for your use and benefit and may not be relied upon in any manner, nor used, by any other person. Very truly yours, D-3 4862-0648-8782.1 Page 426 of 594 U PRELIMINARY OFFICIAL STATEMENT DATED SEPTEMBER _, 2024 NEW ISSUE BOOK -ENTRY ONLY *RATING: S&P "_" ( outlook) In the opinion of Kutak Rock LLP, Bond Counsel, under existing laws, regulations, rulings and judicial decisions and assuming the accuracy of certain representations and continuing compliance with certain covenants, interest on the Series 2024 Bonds (including any original issue discount properly allocable to the owner of a Series 2024 Bond) is excludable from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. Interest on the Series 2024 Bonds may affect the federal alternative minimum tax imposed on certain corporations. Under existing laws, regulations, rulings and judicial decisions, Bond Counsel is of the opinion that the Series 2024 Bonds and the interest thereon are exempt from all state, county and municipal taxes in the State of Arkansas. For a more complete description, see the caption "TAXMATTERS" herein. Dated: Date of Delivery $15,000,000" CITY OF FAYETTEVILLE, ARKANSAS SALES AND USE TAX CAPITAL IMPROVEMENT BONDS SERIES 2024 Due: November 1, as shown on inside front cover The Sales and Use Tax Capital Improvement Bonds, Series 2024 (the "Series 2024 Bonds"), are being issued by the City of Fayetteville, Arkansas (the "City") for the purpose of (i) financing a portion of the costs of various capital improvements in the City, and (ii) paying certain expenses in connection with the issuance of the Series 2024 Bonds. See the captions "ESTIMATED SOURCES AND USES OF FUNDS" and "THE PROJECTS" herein. The Series 2024 Bonds are issuable only as fully registered bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York, to which principal, premium, if any, and interest payments on the Series 2024 Bonds will be made so long as Cede & Co. is the registered owner of the Series 2024 Bonds. Individual purchases of the Series 2024 Bonds will be made only in book -entry form, in denominations of $5,000 or integral multiples thereof. Individual purchasers (`Beneficial Owners") of Series 2024 Bonds will not receive physical delivery of bond certificates. See the caption "BOOK -ENTRY ONLY SYSTEM" herein. The Series 2024 Bonds shall bear interest from the date of their delivery, payable on May 1 and November 1 of each year, commencing May 1, 2025. All such interest payments shall be payable to the persons in whose name such Series 2024 Bonds are registered on the bond registration books maintained by Simmons Bank, Pine Bluff, Arkansas as trustee (the "Trustee"), as of the fifteenth day of the calendar month preceding the calendar month in which the applicable interest payment date falls. Principal of and premium, if any, on the Series 2024 Bonds shall be payable at the principal corporate trust office of the Trustee. So long as DTC or its nominee is the registered owner of the Series 2024 Bonds, disbursement of such payments to DTC Participants is the responsibility of DTC, and the disbursement of such payments to Beneficial Owners is the responsibility of DTC Participants or Indirect Participants, as more fully described herein. Pursuant to a Trust Indenture dated as of August 1, 2019, as supplemented and amended by First Supplemental Trust Indenture dated as of June 1, 2022, and by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), between the City and the Trustee, the payment of the principal of, premium, if any, and interest on the Series 2024 Bonds is secured by a pledge of the receipts from a one percent (1.00%) city-wide sales and use tax (the "Sales and Use Tax"). Such pledge is made on a parity basis with the existing pledge of receipts of the Sale and Use Tax securing (i) $24,620,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), and (ii) $68,440,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds") . See the caption "SECURITY FOR THE BONDS" herein. The Series 2024 Bonds are subject to mandatory redemption prior to maturity as more fully described herein under the caption "THE SERIES 2024 BONDS - Redemption." The Series 2024 Bonds are special obligations of the City secured by and payable solely from receipts of the Sales and Use Tax. The Series 2024 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory debt limitation or restriction. The issuance of the Series 2024 Bonds shall not directly, indirectly or contingently obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for the payment of the Series 2024 Bonds, except as described herein with respect to the Sales and Use Tax. The Series 2024 Bonds are offered when, as and if issued by the City and are subject to the final approving opinion of Kutak Rock LLP, Little Rock, Arkansas, Bond Counsel. Certain matters will be passed upon for the City by its counsel, Kit Williams, Esq., City Attorney. It is expected that the Series 2024 Bonds will be available for delivery in New York, New York, on or about October 15, 2024. * See the caption "RATING" herein. ** Preliminary; subject to change. Stephens Inc. The date of this Official Statement is September _, 2024. Page 427 of 594 MATURITY SCHEDULE* Maturity Principal Interest (November 1) Amount Rate Yield CUSIP** 2025 $ % % 2026 2027 2028 2029 2030 2031 2032 % Terms Bonds due November 1, 20 — Yield % CUSIP: ** Preliminary; subject to change. ** CUSIP® is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP Global Services, managed on behalf of the American Bankers Association by FactSet Research Systems Inc. This data is not intended to create a database and does not serve in any way as a substitute for CUSIP Global Services. CUSIP numbers have been assigned by an independent company not affiliated with the City and are included solely for the convenience of the registered owners of the Series 2024 Bonds. The City and the Underwriter are not responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness by the City on the Series 2024 Bonds and by the Underwriter on the Series 2024 Bonds or as included herein. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Series 2024 Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is applicable to all or a portion of certain maturities of the Series 2024 Bonds. Page 428 of 594 CITY OF FAYETTEVILLE, ARKANSAS Issuer City Council Lioneld Jordan, Mayor Scott Berna Sarah Bunch Holly Hertzberg D'Andre Jones Sarah Moore Robert Stafford Teresa Turk Mike Wiederkehr Paul Becker, Finance Director Kara Paxton, City Clerk Kit Williams, City Attorney SIMMONS BANK Pine Bluff, Arkansas Trustee and Paying Agent KUTAK ROCK LLP Little Rock, Arkansas Bond Counsel STEPHENS INC. Fayetteville, Arkansas Underwriter Page 429 of 594 No dealer, broker, salesman or other person has been authorized by the City or by Stephens Inc. (the "Underwriter") to give any information or to make any representations, other than those contained herein; and, if given or made, such other information or representations must not be relied upon as having been authorized by either of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of any Series 2024 Bonds in any jurisdiction in which such offer is not authorized, or in which the person making such offer, solicitation or sale is not qualified to do so, or to any person to whom it is unlawful to make such offer, solicitation or sale. The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date hereof. THE SERIES 2024 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR HAS THE TRUST INDENTURE BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON CERTAIN EXEMPTIONS FROM SUCH REGISTRATION AND QUALIFICATION CONTAINED IN SUCH LAWS. CERTAIN INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM THE CITY, THE DEPOSITORY TRUST COMPANY AND OTHER SOURCES WHICH ARE BELIEVED TO BE RELIABLE. THE UNDERWRITER HAS REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH, AND AS PART OF, ITS RESPONSIBILITIES TO INVESTORS UNDER THE FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITER DOES NOT GUARANTY THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2024 BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. TABLE OF CONTENTS Page IntroductoryStatement......................................................................................................................................... 1 TheSeries 2024 Bonds......................................................................................................................................... 2 Securityfor the Bonds.......................................................................................................................................... 4 Book -Entry Only System...................................................................................................................................... 5 TheProjects.......................................................................................................................................................... 7 Historical Sales and Use Tax Collections............................................................................................................. 8 Estimated Sources and Uses of Funds.................................................................................................................. 9 Estimated Debt Service Requirements................................................................................................................. 9 Estimated Debt Service Coverage........................................................................................................................ 10 Projected Mandatory Redemptions....................................................................................................................... 11 TheCity ................................................................................................................................................................ 12 TheSales and Use Tax........................................................................................................................................... 14 Summaryof the Indenture.................................................................................................................................... 15 Summary of the Continuing Disclosure Agreement............................................................................................. 20 Underwriting......................................................................................................................................................... 23 TaxMatters........................................................................................................................................................... 23 Rating.................................................................................................................................................................... 25 LegalMatters........................................................................................................................................................ 25 Miscellaneous....................................................................................................................................................... 25 Accuracy and Completeness of Official Statement.............................................................................................. 25 APPENDIX A - Form of Bond Counsel Opinion................................................................................................. A-1 APPENDIX B - Definitions of Certain Terms..................................................................................................... B-1 APPENDIX C - The Sales and Use Tax............................................................................................................... C-1 Page 430 of 594 OFFICIAL STATEMENT $15,000,000- CITY OF FAYETTEVILLE, ARKANSAS SALES AND USE TAX CAPITAL IMPROVEMENT BONDS SERIES 2024 INTRODUCTORY STATEMENT The following introductory statement is subject in all respects to the more complete information set forth in this Official Statement. All descriptions and summaries of documents hereinafter set forth are qualified in their entirety by reference to each such document. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in "Appendix B -- DEFINITIONS OF CERTAIN TERMS". This Official Statement, including the cover page and the Appendices hereto, is furnished in connection with the offering by the City of Fayetteville, Arkansas (the "City") of its Sales and Use Tax Capital Improvement Bonds, Series 2024, in the principal amount of $15,000,000* (the "Series 2024 Bonds"). The City is a city of the first class organized and existing under the laws of the State of Arkansas (the "State"). The City is authorized under Amendment 62 to the Constitution of the State ("Amendment 62") and Arkansas Code Annotated (1998 Repl. & 2023 Supp.) §§14-164-301 et seq. (as from time to time amended, the "Act"), to issue and sell bonds for the purpose of financing and refinancing the cost of capital improvements of a public nature. The Series 2024 Bonds are to be issued by the City pursuant to Amendment 62, the Act and Ordinance No. adopted and approved on August _, 2024 (the "Authorizing Ordinance"), for the purpose of (i) financing all or a portion of the costs of certain street improvements and parks system improvements, and (ii) paying certain expenses in connection with the issuance of the Series 2024 Bonds. See the captions "ESTIMATED SOURCES AND USES OF FUNDS" and "THE PROJECTS" herein. The Series 2024 Bonds are not general obligations of the City, but are special obligations payable solely from and secured by a pledge of the receipts of a special city-wide sales and use tax levied pursuant to the Act at the rate of one percent (1.00%) (the "Sales and Use Tax"). Such pledge shall be made on a parity basis with the existing pledge of receipts of the Sales Tax securing (i) $24,620,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019 Bonds"), and (ii) $68,440,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"). The Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds and any Additional Bonds subsequently issued by the City pursuant to the Indenture (defined below) will be secured on a parity basis. See the captions "THE 2024 BONDS —Additional Bonds," "SECURITY FOR THE BONDS," "HISTORICAL SALES AND USE TAX COLLECTIONS," and "RATING" herein. The faith and credit of the City are not pledged to the payment of the Series 2024 Bonds, and the Series 2024 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory debt limitation or restriction. The issuance of the Series 2024 Bonds shall not directly, indirectly or contingently obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for the payment of the Series 2024 Bonds, except as described herein with respect to the Sales and Use Tax. The Series 2024 Bonds are subject to redemption from excess moneys in the Project Fund following completion of the portions of the Projects to be financed with proceeds of the Series 2024 Bonds. The Series 2024 Bonds are also subject to redemption from Surplus Tax Receipts. "THE SERIES 2024 BONDS — Redemption" and "PROJECTED MANDATORY REDEMPTIONS" herein. Pursuant to the provisions of a Continuing Disclosure Agreement dated as of the date of delivery of the Series 2024 Bonds, by and between the City and Simmons Bank, Pine Bluff, Arkansas, as dissemination agent (the "Continuing Disclosure Agreement"), the City has undertaken certain obligations with respect to providing ongoing disclosure of certain financial and operating data concerning the City and the Sales and Use Tax and of the occurrence of certain listed events. See the caption "SUMMARY OF THE CONTINUING DISCLOSURE AGREEMENT" herein. * Preliminary; subject to change. Page 431 of 594 This Official Statement contains brief descriptions or summaries of, among other matters, the City, the Series 2024 Bonds, the Sales and Use Tax, the Continuing Disclosure Agreement, and the Trust Indenture dated as of August 1, 2019, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, and by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), each by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"), pursuant to which the Series 2024 Bonds are issued and secured. Such descriptions and information do not purport to be comprehensive or definitive. All references herein to the Indenture and the Continuing Disclosure Agreement are qualified in their entirety by reference to each such document, and all references to the Series 2024 Bonds are qualified in their entirety by reference to the definitive form thereof and the information with respect thereto included in the Indenture. Copies of the Continuing Disclosure Agreement, the Indenture, and the form of the Series 2024 Bonds included therein, are available from the City by writing to the attention of the Finance Director, City of Fayetteville, City Administration Building, 113 West Mountain, Fayetteville, Arkansas 72701 and, during the initial offering period only, from the Underwriter, Stephens Inc., 3425 North Futrall, Suite 201, Fayetteville, Arkansas 72703. Certain financial and operating data has been provided by the City from the audited records of the City and certain demographic information has been obtained from other sources which are believed to be reliable. THE SERIES 2024 BONDS Description. The Series 2024 Bonds will be initially dated as of the date of their delivery, and will bear interest payable semiannually on May 1 and November 1 of each year, commencing May 1, 2025, at the rates set forth on the inside cover page hereof. The Series 2024 Bonds will mature on November 1 in the years and in the principal amounts set forth on the inside cover page hereof. The Series 2024 Bonds are issuable only in the form of fully registered bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York, to which principal, premium, if any, and interest payments on the Series 2024 Bonds will be made so long as Cede & Co. is the registered owner of the Series 2024 Bonds. Individual purchases of the Series 2024 Bonds will be made only in book -entry form, in denominations of $5,000 or integral multiples thereof. Individual purchasers (`Beneficial Owners") of Series 2024 Bonds will not receive physical delivery of bond certificates. See the caption `BOOK - ENTRY ONLY SYSTEM" herein. All interest payments on the Series 2024 Bonds shall be payable to the persons in whose name such Series 2024 Bonds are registered on the bond registration books maintained by the Trustee, as of the fifteenth day of the calendar month preceding the calendar month in which the applicable interest payment date falls. Principal of and premium, if any, on the Series 2024 Bonds shall be payable at the principal corporate trust office of the Trustee. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2024 Bond to the extent of the sum or sums so paid. So long as DTC or its nominee is the registered owner of the Series 2024 Bonds, disbursement of such payments to DTC Participants is the responsibility of DTC, and the disbursement of such payments to Beneficial Owners is the responsibility of DTC Participants or Indirect Participants, as more fully described herein. Redemption. The Series 2024 Bonds are subject to redemption prior to maturity as follows: (i) The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Project Fund moneys in excess of the amount needed to complete the Streets Project or the Parks Project. (ii) The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Surplus Tax Receipts. "Surplus Tax Receipts" are Tax Receipts in excess of the amount necessary (i) to ensure the prompt payment of scheduled debt service on the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds and Additional Bonds, (ii) to pay any arbitrage rebate due under Section 148(f) of the Internal Revenue Code of 1986, as amended, with respect to the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds or any Additional Bonds, and (iii) to pay Trustee and Paying Agent fees and expenses. While any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts Page 432 of 594 shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. See the caption "PROJECTED MANDATORY REDEMPTIONS" herein. (iii) The Series 2024 Bonds are subject to redemption with funds from any source, at the option of the City, communicated in a written notice to the Trustee not less than sixty (60) days prior to the date fixed for redemption, in whole or in part on any date on or after November 1, 2025, in such maturities as shall be selected by the City and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to the date of redemption. (iv) The Series 2024 Bonds maturing on November 1, 20 are subject to mandatory sinking fund redemption prior to maturity in part, on November 1 in the years and principal amounts set forth below at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to the date of redemption. Year Principal Amount* 20 $ 20 20 (maturity) * Preliminary; subject to change. At its option, to be exercised on or before the 45' day next preceding any mandatory sinking fund redemption date for any Series 2024 Bonds maturing November 1, 20_ (the "Term Bonds"), the City may deliver to the Trustee for cancellation Term Bonds of the appropriate maturity, or portions thereof ($5,000 or any integral multiple thereof), in any aggregate principal amount desired. Each such Term Bond, or portion thereof, so delivered or previously redeemed (otherwise than through mandatory sinking fund redemption) and cancelled by the Trustee shall be credited by the Trustee at 100% of the principal amount thereof on the obligation of the City with respect to each such Term Bond on such mandatory sinking fund redemption date, and any excess over such amount shall be credited on future mandatory sinking fund redemption obligations with respect to such Term Bond in chronological order, and the principal amount of the corresponding Term Bonds so to be redeemed shall be accordingly reduced. In the case of any defeasance of the Series 2024 Bonds, the dates of redemption, the principal amounts and the maturities of the Series 2024 Bonds to be redeemed will be determined by taking into consideration the mandatory redemption requirements set forth above and the receipts of the Sales and Use Tax for the most recent twelve months. Partial Redemption of a Series 2024 Bond. If less than all of the Series 2024 Bonds of a maturity with a series are called for redemption, the particular Series 2024 Bonds or portions of Series 2024 Bonds to be redeemed shall be selected by lot in such manner as the Trustee in its discretion may deem fair and appropriate. So long as DTC or its nominee is the sole registered owner of the Series 2024 Bonds, the procedures established by DTC shall control with respect to the selection of the particular Series 2024 Bonds to be redeemed. Notice of Redemption. Notice of the call for any redemption, identifying the Series 2024 Bonds or portions thereof being called and the date on which they shall be presented for payment, shall be mailed by the Trustee by first class mail (or, so long as DTC or its nominee is the sole registered owner of the Series 2024 Bonds, by any other means acceptable to DTC, including facsimile) to the registered owner of each such Series 2024 Bond addressed to such registered owner at his registered address and placed in the mails not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption; provided, however, that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of any Series 2024 Bond with respect to which no such failure or defect has occurred. Any notice mailed as provided above shall be conclusively presumed to have been duly given, whether or not the registered owner receives the notice. Page 433 of 594 Additional Bonds. The City may issue from time to time one or more series of Additional Bonds for the purpose of refunding the Series 2019A Bonds, the Series 2022 Bonds, the Series 2024 Bonds or any series of Additional Bonds, in whole or in part. No Additional Bonds may be issued for the purpose of financing capital improvements. Additional Bonds shall be secured equally and ratably with the Series 2019A Bonds, the Series 2022 Bonds, the Series 2024 Bonds and any other series of Additional Bonds theretofore issued and then Outstanding, except insofar any terms or conditions of redemption or purchase established under the Indenture may afford additional benefit or security for the Bonds of any particular series and except for the security afforded by any municipal bond insurance obtained with respect to a particular series of Bonds. Before any Additional Bonds are authenticated, there shall be delivered to the Trustee a certificate of the City's Finance Director certifying that, based upon the most recent twelve (12) months of Sales and Use Tax collections, receipts of the Sales and Use Tax were not less than 150% of the maximum Annual Debt Service on all the Outstanding Bonds, plus the Additional Bonds to be issued. Notwithstanding anything described above to the contrary, no Additional Bonds shall be issued unless there is no default at the time of issuance under the Indenture. Subordinate Obligations. Nothing in the Indenture shall prevent the City from authorizing and issuing bonds, notes, bond anticipation notes, warrants, certificates or other obligations or evidences of indebtedness, the payment of the principal of and premium, if any, and interest on which shall be made from receipts of the Sales and Use Tax, provided payments from such Sales and Use Tax receipts, and the lien and charge on such Sales and Use Tax receipts, shall be made junior and subordinate to the lien, pledge and charge created in the Indenture for the security and payment of the Bonds and other payments under the Indenture. Before any Subordinate Obligations are issued, there shall be delivered to the Trustee a Certificate of the Finance Director of the City certifying that, based upon the most recent twelve (12) months of Sales and Use Tax collections, (i) receipts of the Sales and Use Tax were not less than 100% of the maximum Annual Debt Service on all then Outstanding Bonds and Subordinate Obligations, plus the Subordinate Obligations then proposed to be issued. No Subordinate Obligations shall be issued unless there is no default at the time of issuance under the Indenture. Transfer or Exchange. The Series 2024 Bonds may be transferred on the books of registration kept by the Trustee by the registered owner in person or by the owner's duly authorized attorney, upon surrender thereof, together with a written instrument of transfer duly executed by the registered owner or the owner's duly authorized attorney. Upon surrender for transfer of any Series 2024 Bond at the principal corporate office of the Trustee, the City shall execute and the Trustee shall authenticate and deliver in the name of the transferee or transferees a new Series 2024 Bond or Bonds of the same series and in the same aggregate principal amount and of any authorized denomination or denominations. Transfers of registration or exchanges of Series 2024 Bonds shall be without charge to the Holders of such Series 2024 Bonds, but any taxes or other governmental charges required to be paid with respect to the same shall be paid by the Holder of the Series 2024 Bond requesting such transfer or exchange as a condition precedent to the exercise of such privilege. The Trustee shall not be required to transfer or exchange any Series 2024 Bond during the period from and including a Record Date to the next succeeding interest payment date of such Series 2024 Bond nor to transfer or exchange any Series 2024 Bond after the mailing of notice calling such Series 2024 Bond for redemption has been made, and prior to such redemption. So long as DTC or its nominee is the sole registered owner of the Series 2024 Bonds, transfers of beneficial interests in the Series 2024 Bonds shall be in accordance with the rules and procedures of DTC and its direct and indirect participants. See the caption "BOOK -ENTRY ONLY SYSTEM" herein. SECURITY FOR THE BONDS General. The Series 2024 Bonds are special obligations of the City secured by and payable from the receipts of a special city-wide sales and use tax levied pursuant to the Act at the rate of one percent (1.00%) (the "Sales and Use Tax"). The Sales and Use Tax was levied under Ordinance No. 6216, duly adopted by the City Council of the City on December 18, 2018 (the "Election Ordinance"). Pursuant to the Election Ordinance, a special election was held on April 9, 2019, at which time the qualified electors of the City approved the issuance of capital improvement bonds in aggregate principal amount not to exceed $213,865,000 and the corresponding levy of the Sales and Use Tax. The receipts of the Sales and Use Tax were pledged to secure the payment of Debt Service on the Series 2024 Bonds pursuant to Ordinance No. , duly adopted by the City Council of the City on August _, 2024 (the Page 434 of 594 "Authorizing Ordinance"). Such pledge is made on a parity basis with an existing pledge of such receipts securing (i) $24,620,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), and (ii) $68,440,000 outstanding principal amount of the City's Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds") . Pursuant to the terms of the Election Ordinance, the collection of the Sales and Use Tax commenced on October 1, 2019. See the captions "THE SALES AND USE TAX" and "HISTORICAL SALES AND USE TAX COLLECTIONS" herein. The Series 2024 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory debt limitation or restriction. The issuance of the Series 2024 Bonds shall not directly, indirectly or contingently obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for the payment of the Series 2024 Bonds, except as described herein with respect to the Sales and Use Tax. BOOK -ENTRY ONLY SYSTEM The Series 2024 Bonds will be issued only as one fully registered Series 2024 Bond for each maturity, in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York ("DTC"), as registered owner of all the Series 2024 Bonds. The fully registered Series 2024 Bonds will be retained and immobilized in the custody of DTC. DTC (or any successor securities depository) or its nominee for all purposes under the Indenture will be considered by the City and the Trustee to be the owner or holder of the Series 2024 Bonds. Owners of any book entry interests in the Series 2024 Bonds (the "book entry interest owners") described below, will not receive or have the right to receive physical delivery of the Series 2024 Bonds, and will not be considered by the City and the Trustee to be, and will not have any rights as, owners or holders of the Series 2024 Bonds under the bond proceedings and the Indenture except to the extent, if any, expressly provided thereunder. CERTAIN INFORMATION REGARDING DTC AND DIRECT PARTICIPANTS IS SET FORTH BELOW. THIS INFORMATION HAS BEEN PROVIDED BY DTC. THE CITY, THE UNDERWRITER AND BOND COUNSEL ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF SUCH STATEMENTS. DTC, the world's largest depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides custody and asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues and money market instruments (from over 120 countries and territories) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges among Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, the National Securities Clearing Corporation and the Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has an S&P Global Ratings' rating of "AA+." The DTC Rules applicable to its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Series 2024 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 2024 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2024 Bond (`Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2024 Bonds are to be accomplished by Page 435 of 594 entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Series 2024 Bonds, except in the event that use of the Book -Entry System for the Series 2024 Bonds is discontinued. To facilitate subsequent transfers, all Series 2024 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTC. The deposit of Series 2024 Bonds with DTC and their registration in the name of Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2024 Bonds, DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2024 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of the Series 2024 Bonds within a series and maturity are to be redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Series 2024 Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the Record Date. The Omnibus Proxy will assign Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2024 Bonds are credited on the Record Date (identified in a listing attached to the Omnibus Proxy). Payment of debt service and redemption proceeds with respect to the Series 2024 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or the Trustee on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds and debt service to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. BENEFICIAL OWNERS SHOULD CONSULT WITH THE DIRECT PARTICIPANTS OR INDIRECT PARTICIPANTS FROM WHOM THEY PURCHASE A BOOK ENTRY INTEREST TO OBTAIN INFORMATION CONCERNING THE SYSTEM MAINTAINED BY SUCH DIRECT PARTICIPANTS OR INDIRECT PARTICIPANTS TO RECORD SUCH INTERESTS, TO MAKE PAYMENTS, TO FORWARD NOTICES OF REDEMPTION AND OF OTHER INFORMATION. THE CITY AND THE TRUSTEE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ASPECTS OF THE RECORDS OR NOTICES RELATING TO, OR PAYMENTS MADE ON ACCOUNT OF, BOOK ENTRY INTEREST OWNERSHIP, OR FOR MAINTAINING, SUPERVISING OR REVIEWING ANY RECORDS RELATING TO THAT OWNERSHIP. The Trustee and the City, so long as a book entry method of recording and transferring interest in the Series 2024 Bonds is used, will send any notice of redemption or of any Indenture amendment or supplement or other notices to Bondholders under the Indenture only to DTC (or any successor securities depository) or its nominee. Any failure of DTC to advise any Direct Participants, or of any Direct Participants or Indirect Participants to notify any Beneficial Owner, of any such notice and its content or effect will not affect the validity of the redemption of the Series 2024 Bonds called for redemption, the Indenture amendment or supplement, or any other action premised on notice given under the Indenture. The City and the Trustee cannot and do not give any assurances that DTC, Direct Participants, Indirect Participants or others will distribute payments of debt service on the Series 2024 Bonds made to DTC or its nominee as the registered owner of the Series 2024 Bonds, or any redemption or other notices, to the Beneficial Owners, or that they will do so on a timely basis, or that DTC will serve and act in a manner described in this Official Statement. Page 436 of 594 DTC may discontinue providing its services as securities depository with respect to the Series 2024 Bonds at any time by giving reasonable notice to the City or the Trustee. Under such circumstances, in the event that a successor securities depository is not obtained, bond certificates are required to be printed and delivered. In addition, the City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, bond certificates will be printed and delivered. THE PROJECTS Streets Project. Approximately $ * of the proceeds of the Series 2024 Bonds will be deposited into the Streets Project Account of the Project Fund to finance all or a portion of the costs of right-of-way acquisition, design, construction, reconstruction, repair, resurfacing, straightening and width modification of certain City streets, which may include related sidewalk, traffic signal and control, lighting, curbing, guttering, bicycle lane, landscaping, drainage and safety improvements and related curbside pedestrian facilities such as bus pickup structures and concrete waiting pads (the "Streets Project"). Parks Project. Approximately $ * of the proceeds of the Series 2024 Bonds will be deposited into the Parks Project Account of the Project Fund to finance all or a portion of the costs of acquisition, design, construction and equipping of certain regional park and other parks system improvements, which may include athletic fields and facilities, playgrounds, pools and splash pads, trails, campgrounds, picnic areas and pavilions, land acquisition, open space preservation and other recreational facilities and support facilities, such as restrooms and parking (the "Parks Project"). * Preliminary; subject to change. [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] Page 437 of 594 HISTORICAL SALES AND USE TAX COLLECTIONS Pursuant to the terms of the Election Ordinance and State law, the collection of the 1.00% Sales and Use Tax commenced on October 1, 2019. At such time an existing three-quarters of one percent (0.75%) special city-wide sales and use tax and an existing one -quarter of one percent (0.25%) special city-wide sales and use tax (collectively, the "Prior Tax") which was pledged to the payment of prior sales and use tax bonds was simultaneously terminated and such bonds were retired. Set forth below is a table showing historical receipts of the Prior Tax and the Sales and Use Tax. Collections of the Sales and Use Tax received by the City in the most recent twelve-month period ( 1, 2023 through , 2024) were $ , a % increase over the amount of combined collections from the Sales and Use Tax received by the City during the previous twelve-month period ( 1, 2022 to , 2023). Historical Historical Historical Collections of Combined Collections of Collections of 1.00% Sales Collections of Sales Growth Year0) 0.25% Prior Tax 0.75% Prior Tax and Use Tax and Use Taxes Percentage 2009 $ 3,927,564 $11,782,692 n/a $15,710,256 n/a 2010 3,917,717 11,753,150 n/a 15,670,867 -0.25% 2011 4,129,686 12,389,060 n/a 16,518,746 5.41% 2012 4,389,519 13,168,559 n/a 17,558,078 6.29% 2013 4,513,873 13,541,618 n/a 18,055,491 2.83% 2014 4,604,085 13,812,257 n/a 18,416,342 2.00% 2015 4,950,155 14,850,464 n/a 19,800,619 7.52% 2016 5,161,048 15,483,143 n/a 20,644,191 4.26% 2017 5,324,281 15,972,843 n/a 21,297,124 3.16% 2018 5,576,368 16,729,104 n/a 22,305,472 4.73% 2019(3) n/a n/a n/a 23,414,516(2) 4.97% 2020(3) n/a n/a 23,759,681 23,759,681 1.47% 2021(3) n/a n/a 27,530,298 27,530,298 15.87% 2022(3) n/a n/a 30,142,529 30,142,529 9.49% 2023(3) n/a n/a 31,790,727 31,790,727 5.47% �l> Sales and use tax receipts are remitted by the Treasurer of the State of Arkansas to the City in the second month following the month of their collection. (2) Combined collections of the Existing Tax for the nine months ended September 30, 2019 and the Sales and Use Tax for the three months ended December 31, 2019. �3> Act 822 of 2019 went into effect on July 1, 2019, and provides for the collection of sales and use taxes by remote sellers to Arkansas buyers. Source: City of Fayetteville [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] Page 438 of 594 ESTIMATED SOURCES AND USES OF FUNDS The proceeds of the Series 2024 Bonds are expected to be used as follows: Sources of Funds0) Par Amount of Series 2024 Bonds $15,000,000 Net Original Issue Premium (Discount) Total Sources: $ Uses of Funds0) Deposit to Streets Project Account of Project Fund $ Deposit to Parks Project Account of Project Fund Costs of Issuance, including Underwriter's Discount Contingency Total Uses: $ Preliminary; subject to change. ESTIMATED DEBT SERVICE REQUIREMENTS As of the date of closing, the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds will constitute the only debt obligations secured by receipts of the Sales and Use Tax. The following table sets forth the amounts required to pay scheduled principal of and interest on the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds during each year: Series 2019A Series 2022 Series 2024 Series 2024 Total Debt Year Debt Service Debt Service PrincipalM Interest(2) Service 2024 $ 8,488,550 $7,105,263 $ $ $ 2025 8,491,050 7,098,512 2026 8,490,550 7,101,513 2027 8,476,300 7,116,112 2028 2,346,000 7,105,738 2029 -- 7,090,569 2030 -- 7,106,088 2031 -- 14,846,287 2032 -- 16,063,931 2033 -- -- -- -- Totals: $36.292.450 $80.634.013 $15,000,000 (1) Preliminary; subject to change. Including mandatory sinking fund redemptions. (2) Preliminary; subject to change. Assuming for purposes of this Preliminary Official Statement an average coupon rate on the Series 2024 Bonds of % per annum. [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 60 Page 439 of 594 ESTIMATED DEBT SERVICE COVERAGE Set forth below is a table showing estimated debt service coverage with respect to the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds. Collections of the Sales and Use Tax received during the twelve- month period ended , 2024 were utilized for the purpose of making the coverage calculations. See the caption "HISTORICAL SALES AND USE TAX COLLECTIONS" herein. Historical Tax Receipts of Sales and Use Tax0) Maximum Annual Debt Service (2) Maximum Annual Debt Service Coverage X �l> Actual collections of the Sales and Use Tax received during the last twelve-month period ending , 2024. See the caption "HISTORICAL SALES AND USE TAX COLLECTIONS" herein. (2) Preliminary; subject to change, and representing debt service on the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds in 20. See the caption "ESTIMATED DEBT SERVICE REQUIREMENTS" herein. THE COVERAGE NUMBERS SET FORTH ABOVE ARE BASED ON HISTORICAL RECEIPTS OF THE SALES AND USE TAX. ACTUAL RECEIPTS OF THE SALES AND USE TAX WILL DEPEND ON NUMEROUS FACTORS, AND THERE CAN BE NO ASSURANCE THAT FUTURE RECEIPTS OF THE SALES AND USE TAX AVAILABLE TO PAY DEBT SERVICE ON THE SERIES 2019A BONDS, SERIES 2022 BONDS AND SERIES 2024 BONDS WILL APPROXIMATE SUCH HISTORICAL RESULTS. See the caption "THE SALES AND USE TAX — Future Sales and Use Tax Receipts" herein. [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 10 Page 440 of 594 PROJECTED MANDATORY REDEMPTIONS The table under the caption "ESTIMATED DEBT SERVICE REQUIREMENTS" does not reflect possible mandatory redemptions of the Series 2019A Bonds, Series 2022 Bonds and Series 2024 Bonds from Surplus Tax Receipts, if available. Surplus Tax Receipts are all receipts of the Sales and Use Tax in excess of the amount necessary (i) to assure the prompt payment of the principal of and interest on Outstanding Series 2019A Bonds, Series 2022 Bonds and Series 2024 Bonds, (ii) to pay any arbitrage rebate due under Section 148(f) of the Code, and (iii) to pay Trustee and Paying Agent fees and expenses. While any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. THERE CAN BE NO ASSURANCE GIVEN THAT RECEIPTS OF THE SALES AND USE TAX WILL BE REALIZED IN THE AMOUNTS ASSUMED IN THE TABLE BELOW. See the caption "THE SALES AND USE TAX — Future Sales and Use Tax Receipts" herein. Series 2019A Series 2022 Series 2024 Total Series 2019A, Bonds Redeemed Bonds Redeemed Bonds Redeemed Series 2022 and Series 2019A Prior to Series 2022 Prior to Series 2024 Prior to Series 2024 Date(') Princinal Due Maturi 2)(3) Principal Due Mamri (2)(4) Principal Due Maturity 2)(5) Principal Retired 11-1-24 $ $ $ $ $ $ $ 5-1-25 11-1-25 5-1-26 11-1-26 5-1-27 11-1-27 5-1-28 11-1-28 5-1-29 11-1-29 5-1-30 11-1-30 5-1-31 11-1-31 5-1-32 11-1-32 Totals: $ $ $ 11> The Series 2019A Bonds, Series 2022 Bonds and Series 2024 Bonds are subject to mandatory redemption from Surplus Tax Receipts on each May 1 and November 1. See the caption "THE SERIES 2024 BONDS — Redemption" herein. (2) Assuming annual receipts of the Sales and Use Tax of $ (3) Projected mandatory redemptions related to Series 2019A Bonds maturing November 1, 20— through November 1, 20 (4) Projected mandatory redemptions related to Series 2022 Bonds maturing November 1, 20_ through November 1, 20_. (5) Projected mandatory redemptions related to Series 2024 Bonds maturing November 1, 20_ through November 1, 20_. [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 11 Page 441 of 594 THE CITY General. The City is a city of the first class organized and existing under the laws of the State of Arkansas. The City is the seat of government of Washington County (the "County") and is the second largest city in the State. The City is located in the Metropolitan Statistical Area of Fayetteville/Springdale/Rogers (the "MSA"), which includes all of Washington and Benton Counties in the northwest corner of the State and is approximately 185 miles northwest of Little Rock, Arkansas, 125 miles east of Tulsa, Oklahoma, and 210 miles south of Kansas City, Missouri. The City is served by U.S. Interstate 49, U.S. Highways 62 and 71, and State Highways 16, 45, 112, 156, 180 and 265. The Burlington Northern Railroad has several lines running through the City, and a general aviation airport with a 6,006-foot runway is available for limited commuter travel. The Northwest Arkansas Regional Airport is located approximately 40 minutes from downtown Fayetteville and provides daily flights to numerous venues. Government. The City currently operates under the Mayor -Council form of government pursuant to which a mayor, city attorney, city clerk and eight City Council members are elected, two from each of the City's four wards. The mayor, city attorney and city clerk are full-time positions elected to four-year terms. City Council members also serve four- year terms. The City's elected officials and the dates on which their respective terms expire are as follows: Name Office Term Expires Lioneld Jordan Mayor 12/31/24 Kit Williams City Attorney 12/31/26 Kara Paxton City Clerk 12/31/24 Scott Berna Council Member 12/31/26 Sarah Bunch Council Member 12/31/24 Holly Hertzberg Council Member 12/31/24 D'Andre Jones Council Member 12/31/24 Sarah Moore Council Member 12/31/26 Robert Stafford Council Member 12/31/26 Teresa Turk Council Member 12/31/26 Mike Wiederkehr Council Member 12/31/24 Financial Reporting. The City's Comprehensive Annual Financial Report for the fiscal year ended December 31, 2023 can be accessed at: www.fayetteville-ar.gov/ArchiveCenterNiewFile/Item/2673 Population. The following is a table of population changes for the City, the MSA and the State of Arkansas, according to the United States Census Bureau: City of State of Year Fayetteville MSA Arkansas 1960 20,274 92,069 1,786,272 1970 30,729 127,846 1,923,322 1980 36,608 178,609 2,286,435 1990 42,099 210,908 2,350,624 2000 58,047 311,121 2,673,400 2010 73,580 463,204 2,915,918 2020 93,949 546,725 3,011,524 [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 12 Page 442 of 594 Economic Data. Per capita personal income figures for the MSA and the State of Arkansas are as follows: State of Year MSA Arkansas 2010 $39,003 $32,218 2011 43,674 34,180 2012 49,682 36,287 2013 48,544 36,285 2014 54,080 38,218 2015 57,357 39,266 2016 59,389 40,179 2017 61,204 41,402 2018 65,248 43,029 2019 62,267 45,751 2020 64,548 47,147 2021 72,389 51,636 2022 74,943 52,618 2023 n/a n/a Source: Bureau of Economic Analysis, St. Louis Federal Reserve The following table shows the total assessed value of non -utility real and personal property within the City for the years indicated: Year Real Property Personal Property Total 2012 $1,063,617,013 $203,289,225 $1,266,906,238 2013 1,084,550,127 216,005,532 1,300,555,659 2014 1,115,992, 871 226,841,704 1,342,834,575 2015 1,171,158,618 232,141,593 1,403,300,191 2016 1,213,852,296 252,836,149 1,466,688,495 2017 1,257,361,951 246,656,011 1,504,017,962 2018 1,309,055,168 261,728,096 1,570,783,264 2019 1,352,620,084 247,101,970 1,599,722,054 2020 1,529,519,526 262,267,946 1,791,787,472 2021 1,647,091,410 282,921,776 1,930,013,186 2022 1,774,725,982 310,717,662 2,085,443,644 2023 2,030,990,539 340,274,044 2,371,264,583 Source: Washington County Tax Assessor's Office. The assessed value represents 20% of the appraised value of property. Building permits issued by the CityG) are shown below for the years indicated: 2020 2021 2022 2023 20240 Residential Building Permits Commercial Building Permits Value of All Building Permits 949 779 928 746 483 70 30 22 19 13 $532,417,273 $430,985,499 $ $ S. (1) Does not include building activity of the University of Arkansas, school permits and additions/alterations to existing structures. (2) Through June 30, 2024. Source: City of Fayetteville. 13 Page 443 of 594 Unemployment figures (not seasonally adjusted) for Washington County and the State of Arkansas, according to the Arkansas Division of Workforce Services, are as follows: Year Washington State of Arkansas County 2013 5.2% 7.1% 2014 4.3 5.9 2015 3.5 5.0 2016 2.8 4.0 2017 2.6 3.7 2018 2.6 3.6 2019 2.5 3.5 2020 4.7 6.1 2021 2.9 4.0 2022 2.3 3.2 2023 2.3 3.3 2024* 2.3 3.4 * May, 2024 only; preliminary and not seasonally adjusted. Employment and Industry. The principal campus of the University of Arkansas is located in the City and had total enrollment for the spring semester of 2024 of approximately 30,392. On the Fayetteville campus, the University employs approximately 7,000 faculty, administrative, secretarial, clerical and maintenance personnel in both full-time and part-time positions, making the University the largest employer in the City. Other major employers in the City, their products or services and approximate number of employees are set forth below: Employer Product or Service Employees Washington Regional Medical Center Health care 3,548 Veteran's Admin. Medical Health care 1,737 Fayetteville School District Public schools 1,550 City of Fayetteville City government 849 Tyson Mexican Original Retail 768 Washington County County government 662 Wal-Mart Store #359 Retail 468 Wal-Mart Store #144 Retail 423 Wal-Mart #9149 (optical lab) Manufacturer 359 Source: City of Fayetteville THE SALES AND USE TAX Generally. The Sales and Use Tax is levied under the Election Ordinance pursuant to the authority of the Act. The Sales and Use Tax is levied within the City on all items which are subject to taxation under The Arkansas Gross Receipts Act of 1941 and on the receipts from storing, using or consuming tangible personal property under The Arkansas Compensating (Use) Tax Act of 1949. The Sales and Use Tax is collected only on the gross receipts, gross proceeds or sales price in the maximum amount allowed from time to time under Arkansas law for "single transactions," subject to certain rebates and limitations. Pursuant to the Indenture and the Authorizing Ordinance, the City has pledged the receipts of the Sales and Use Tax (after the deduction of certain administrative charges) to the payment of the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds. Pursuant to the terms of the Election Ordinance, the collection of the Sales and Use Tax commenced on October 1, 2019. See "Appendix C — THE SALES AND USE TAX" for a detailed description of the property and services subject to sales and use taxation and the exemptions therefrom. 14 Page 444 of 594 Administration. Pursuant to the State law, the Commissioner of Revenues of the State (the "Commissioner") performs all functions incidental to the administration, collection, enforcement and operation of the Sales and Use Tax. All receipts of the Sales and Use Tax collected, less certain charges payable and retainage due the Commissioner for administrative services in the amount of 3% of the gross receipts of the Sales and Use Tax, shall be remitted by the State Treasurer to the Trustee monthly. See the caption "SUMMARY OF THE INDENTURE —Application of Sales and Use Tax Receipts" herein. In an effort to simplify and modernize the sales and use tax collection process, the State of Arkansas has opted to participate in the Streamlined Sales Tax Agreement, a cooperative effort among states, local governments and the business community. Future Receipts of the Sales and Use Tax. Receipts of the Sales and Use Tax will be contingent upon the sale and use of property and services within the City, which activity is generally dependent upon economic conditions within the City and the surrounding trade area. Also, receipts of the Sales and Use Tax may be affected by changes to transactions exempted from the Sales and Use Tax made by legislation adopted by the General Assembly of the State or by the people of the State in the form of a constitutional amendment or initiated act. In the past the General Assembly of the State has considered new exemptions to sales and use taxes, such as food sales, which, if adopted, would materially reduce receipts of the Sales and Use Tax. The City has no control over actions of the General Assembly or the people of the State and cannot predict whether changes to the Sales and Use Tax may be made. Accordingly, the City cannot predict with certainty the expected amount of receipts of the Sales and Use Tax to the be received and, therefore, there can be no assurance that receipts of the Sales and Use Tax will be sufficient to pay the principal of and interest on the Series 2019A Bonds, Series 2022 Bonds and Series 2024 Bonds. SUMMARY OF THE INDENTURE The following statements are brief summaries of certain provisions of the Indenture. The statements do not purport to be complete, and reference is made to the Indenture, copies of which are available for examination at the offices of the Finance Director of the City, for a full statement thereof. Funds and Accounts. Receipts of the Sales and Use Tax are pledged by the Indenture to the payment of the principal of and interest on the Bonds. The following Funds and Accounts have been established with the Trustee in connection with the issuance of the Bonds: Funds and Accounts Revenue Fund Bond Fund, and an Interest Account and a Principal Account therein Redemption Fund Cost of Issuance Fund Project Fund, and a Streets Project Account and Parks Project Account therein Rebate Fund Application of Receipts of the Sales and Use Tax. The application of receipts of the Sales and Use Tax is as follows: (a) Revenue Fund. All receipts from the Sales and Use Tax shall, as and when received, be deposited into the Revenue Fund. All moneys at any time in the Revenue Fund shall be applied on a monthly basis to the payment of Debt Service on the Bonds, to the payment of any arbitrage rebate due under Section 148(f) of the Code, to the payment of fees and expenses of the Trustee and any Paying Agent, and to the early redemption of the Bonds, at the times and in the amounts set forth as follows: (b) Bond Fund. Upon receipt, but in no event later than the last day of each month in which receipts of the Sales and Use Tax are deposited in the Revenue Fund, there shall be transferred from the Revenue Fund (i) into the Interest Account of the Bond Fund, an amount equal to 1/6 of the interest on the Outstanding Bonds due on the next interest payment date, and (ii) into the Principal Account of the Bond Fund, an amount equal to l/12 of the next scheduled principal maturity of Outstanding Bonds (including mandatory sinking fund redemptions). Moneys 15 Page 445 of 594 in the Bond Fund shall be used solely for the purpose of paying Debt Service on the Bonds or for redemption of Bonds, as provided in the Indenture. The Trustee shall withdraw from the Bond Fund, on the date of any principal or interest payment, an amount equal to such payment for the sole purpose of paying the same. If receipts of the Sales and Use Tax in the Revenue Fund are insufficient to make the required monthly payment into the Bond Fund, the amount of any such deficiency in the payment made shall be added to the amount otherwise required to be paid into the Bond Fund not later than last day of the next succeeding month. When the moneys held in the Revenue Fund, the Bond Fund and the Redemption Fund shall be and remain sufficient to pay in full the principal of and interest on all Bonds then Outstanding in accordance with the Indenture, together with the required fees and expenses to be paid or reimbursed to the Trustee and any Paying Agent, the City shall have no further obligation to make payments into such Funds and the levy of the Sales and Use Tax shall cease. (c) Rebate Fund. The Trustee shall establish and maintain, separate and apart from any other Funds and Accounts established and maintained under the Indenture, the Rebate Fund, which Fund is not pledged to the payment of any Bonds. Subject to transfer to the United States in payment of any arbitrage rebate due under Section 148(f) of the Code, all moneys at any time deposited in the Rebate Fund shall be held by the Trustee in trust, and neither the City nor the Owner of any Bond shall have any rights in or claim to such money. Any amounts remaining in the Rebate Fund after payment in full of the rebate amount owing to the United States, within sixty (60) days after the date on which the last Bond is redeemed, shall be transferred to the Revenue Fund. (d) Redemption Fund. After making the required deposits into the Bond Fund and into the Rebate Fund, and after paying the fees and expenses of the Trustee and any Paying Agent, there shall be paid from the Revenue Fund into the Redemption Fund all remaining moneys in the Revenue Fund (the "Surplus Tax Receipts"). Moneys in the Redemption Fund shall be transferred to the appropriate Principal Account of the Bond Fund at such times as may be necessary to effectuate redemptions of Bonds on the first available redemption date. While any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. See the captions "THE SERIES 2024 BONDS — Redemption" and "PROJECTED MANDATORY REDEMPTIONS" herein. (e) Project Fund. Portions of the proceeds of the Series 2024 Bonds shall be deposited in the Streets Project Account and the Parks Project Account of the Project Fund. See the captions "ESTIMATED SOURCES AND USES OF FUNDS" and "THE PROJECTS" herein. Amounts in the various Accounts in the Project Fund shall be expended only for the payment of Project Costs related to the applicable portion of the Project being financed with the proceeds of the Series 2024 Bonds upon the submission of Requisitions by the City to the Trustee. The Trustee shall only make payments from the Project Fund pursuant to and in accordance with Requisitions. Within ninety (90) days following completion of the portion of a Project being financed with a particular series of Bonds, the City shall deliver to the Trustee its Certificate stating that the applicable portion of such Project is complete and the Trustee shall transfer the remaining moneys in the applicable Account of the Project Fund (save and except moneys needed to satisfy unpaid Project Costs) to the Redemption Fund for application to the retirement of the Series 2024 Bonds by redemption or purchase. See the caption "THE SERIES 2024 BONDS — Redemption" herein. (f) Cost of Issuance Fund. A portion of the proceeds of the Series 2024 Bonds shall be deposited to the credit of the Cost of Issuance Fund. The Trustee shall pay those Costs of Issuance as directed by the City pursuant to a Certificate delivered on a Closing Date. After all Costs of Issuance have been paid with respect to the Series 2024 Bonds (and in any event not later than February 1, 2025), any remaining moneys in the Cost of Issuance Fund shall be transferred to the Interest Account of the Bond Fund. Investment of Funds. At the direction of the City or absent such direction, the Trustee shall invest moneys in Funds or Accounts held by the Trustee in Investment Securities with maturity or redemption dates consistent with the times at which said moneys will be required for the purposes provided in the Indenture. Moneys in separate Funds or Accounts may be commingled for the purpose of investment. Valuation of Funds and Accounts. In determining the value of any Fund or Account held by the Trustee under the Indenture, the Trustee shall credit Investment Securities at the fair market value thereof, as determined by 16 Page 446 of 594 the Trustee by any method selected by the Trustee in its reasonable discretion. No less frequently than annually, and in any event within thirty (30) days prior to the end of each Fiscal Year, the Trustee shall determine the value of each Fund and Account held under the Indenture and shall report such determination to the City. The Trustee shall sell or present for redemption any Investment Securities as necessary in order to provide money for the purpose of making any payment required under the Indenture, and the Trustee shall not be liable for any loss resulting from any such sale. Responsibility of Trustee. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of moneys made by it at the direction of the City. Instruments of Further Assurance. At any and all times the City shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, ordinances, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, pledging, assigning and confirming of all and singular the receipts from the Sales and Use Tax and all other moneys pledged or assigned by the Indenture, or intended so to be, or which the City may become bound to pledge or assign. Tax Covenants. The City shall not use or permit the use of any Bond proceeds or any other funds of the City, directly or indirectly, in any manner, and will not take or permit to be taken any other action or actions which would adversely affect the exclusion of interest on any Bond from gross income for federal income tax purposes. No part of the proceeds of the Series 2024 Bonds shall at any time be used, directly or indirectly, to acquire securities or obligations the acquisition of which would cause any of such Series 2024 Bonds to be an "arbitrage bond" as defined in Sections 148(a) and (b) of the Code. The City agrees that so long as any of the Series 2024 Bonds remain Outstanding, it will comply with the provisions of the applicable Tax Compliance Agreement. Defeasance. Any Bond shall be deemed to be paid within the meaning of the Indenture when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in the Indenture, or otherwise), either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (1) moneys sufficient to make such payment or (2) Government Securities (provided that such deposit will not affect the tax-exempt status of the interest on any of the Bonds or cause any of the Bonds to be classified as "arbitrage bonds" within the meaning of Section 148(a) of the Code, as reflected in an opinion of Bond Counsel delivered to the Trustee), maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of the Trustee and any said Paying Agent. In the case of any defeasance of Bonds, the dates of redemption of such Bonds and the principal amounts and maturities of Bonds to be redeemed on such dates will be determined by taking into consideration the applicable redemption requirements with respect to the Bonds to be defeased and the receipts of the Sales and Use Tax for the most recent twelve months. Events of Default. Each of the following events shall constitute and is referred to in the Indenture as an "Event of Default": (a) Default in the due and punctual payment of any interest on any Bond; (b) Default in the due and punctual payment of the principal of or premium, if any, on any Bond, whether at the stated maturity thereof, or upon proceedings for redemption thereof, or upon the maturity thereof by declaration; (c) Default in the payment of any other amount required to be paid under the Indenture or the performance or observance of any other of the covenants, agreements or conditions contained in the Indenture, or in the Bonds issued under the Indenture, and continuance thereof for a period of sixty (60) days after written notice specifying such failure and requesting that it be remedied, shall have been given to the City by the Trustee, which may give such notice in its discretion and shall give such notice at the written request of Holders of not less than fifty-one percent (51%) in aggregate principal amount of the Bonds then Outstanding, unless the Trustee, or the Trustee and Holders of an aggregate principal amount of Bonds not less than the aggregate principal amount of Bonds the Holders of which requested such notice, as the case may be, shall agree in writing to an extension of such period prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the 17 Page 447 of 594 applicable period, the Trustee will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the City within such period and is being diligently pursued; (d) The filing of a petition in bankruptcy by or against the City under the United States Bankruptcy Code or the commencement of a proceeding by or against the City under any other law concerning insolvency, reorganization or bankruptcy; and (e) If the State has limited or altered the rights of the City pursuant to the Act, as in force on the date of the Indenture, to fulfill the terms of any agreements made with the Trustee or the Bondholders or in any way impaired the rights and remedies of the Trustee or the Bondholders while any Bonds are Outstanding. The term "default" as used in clauses (a), (b) and (c) above shall mean default by the City in the performance or observance of any of the covenants, agreements or conditions on its part contained in the Indenture, or in the Bonds Outstanding thereunder, exclusive of any period of grace required to constitute a default an "Event of Default" as described above. Acceleration. Upon the occurrence of an Event of Default, the Trustee may, and upon the written request of the Holders of not less than 51 % in aggregate principal amount of Bonds Outstanding shall, by notice in writing delivered to the City, declare the principal of all Bonds then Outstanding, together with any premium and the interest accrued thereon, immediately due and payable, and such principal and interest shall thereupon become and be immediately due and payable. Other Remedies; Rights of Bondholders. Upon the occurrence of an Event of Default, the Trustee may, as an alternative, pursue any available remedy by suit at law or in equity, including, without limitation, mandamus to enforce the payment of the principal of and premium, if any, and interest on the Bonds then Outstanding. If an Event of Default shall have occurred, and if it shall have been requested so to do by the Holders of 51 % in aggregate principal amount of Bonds Outstanding and if it shall have been indemnified as provided in the Indenture, the Trustee shall be obligated to exercise such one or more of the rights and powers conferred upon it by the Indenture as the Trustee, being advised by counsel, shall deem most expedient in the interests of the Bondholders. No remedy by the terms of the Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given under the Indenture or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or acquiescence therein; and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default or Event of Default under the Indenture, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereon. Rights and Remedies of Bondholders. No Holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of the Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy thereunder, unless a default has occurred of which the Trustee has been notified as provided in the Indenture, or of which by the Indenture it is deemed to have notice, nor unless such default shall have become an Event of Default and the Holders of not less than 51% in aggregate principal amount of Bonds Outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers granted or to institute such action, suit, or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in the Indenture nor unless the Trustee shall thereafter fail or refuse to exercise the powers granted, or to institute such action, suit, or proceeding in its own name; and such notification, request and offer of indemnity are declared in every such case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of the Indenture, and to any action or cause of action for the enforcement of the Indenture or for the appointment of a receiver or for any other remedy thereunder; it being understood and intended that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of the Indenture by action of the Holder or Holders or to enforce any right under the Indenture except in the manner therein provided, and that all proceedings at law or in 18 Page 448 of 594 equity shall be instituted, held and maintained in the manner therein provided for the equal benefit of the Holders of all Bonds Outstanding thereunder. Nothing in the Indenture contained shall, however, affect or impair the right of any Bondholders to enforce the payment of the principal of and premium, if any, and interest on any Bonds at and after the maturity thereof, or the obligation of the City to pay the principal of and premium, if any, and interest on each of the Bonds issued under the Indenture to the respective Holders thereof at the time and place in said Bonds expressed. Supplemental Indentures Not Requiring Consent of Bondholders. The City and the Trustee may, from time to time and at any time, without the consent of or notice to the Bondholders, enter into Supplemental Indentures as follows: (a) to cure any formal defect, omission, inconsistency or ambiguity in the Indenture; (b) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed and which are not contrary to or inconsistent with the Indenture as theretofore in effect, provided that no such additional liabilities or duties shall be imposed upon the Trustee without its consent; (c) to add to the covenants and agreements of, and limitations and restrictions upon, the City in the Indenture other covenants, agreements, limitations and restrictions to be observed by the City which are not contrary to or inconsistent with the Indenture as theretofore in effect; (d) to confirm, as further assurance, any pledge under, and the subjection to any claim, lien or pledge created or to be created by, the Indenture, of the Trust Estate or of any other moneys, securities or funds; (e) to comply with the requirements of the Trust Indenture Act of 1939, as from time to time amended; (f) to authorize the issuance and sale of one or more series of Additional Bonds; (g) to make such additions, deletions or modifications as may be necessary to assure compliance with Section 148(f) of the Code relating to required rebate to the United States or otherwise as may be necessary to assure exemption from federal income taxation of interest on the Bonds; or (h) to modify, alter, amend or supplement the Indenture in any other respect which is not materially adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d), (e) or (f) above and which, in the judgment of the Trustee, is not to the prejudice of the Trustee. Supplemental indentures Requiring Consent of Bondholders. Subject to the terms and provisions contained in this paragraph, and not otherwise, the Holders of not less than 2/3 in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in the Indenture to the contrary notwithstanding, to consent to and approve the execution by the City and the Trustee of such indenture or indentures supplemental to the Indenture as shall be deemed necessary and desirable by the City for the purpose of modifying, altering, amending, adding to, or rescinding, in any particular, any of the terms or provisions contained in the Indenture or in any Supplemental Indenture; provided, however, that nothing contained in the Indenture shall permit or be construed as permitting (a) an extension of the maturity (or mandatory redemption date) of the principal of or the interest on any Bond issued thereunder, or (b) a reduction in the principal amount of or redemption premium or rate of interest on any Bond issued thereunder, or (c) the creation of any lien on the Trust Estate or any part thereof, except as expressly permitted in the Indenture, or (d) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (e) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Indenture, or (f) depriving the Holder of any Bond then Outstanding of the lien created on the Trust Estate. If, at any time the City shall request the Trustee to enter into any Supplemental Indenture for any of the purposes described above, the Trustee shall, at the expense of the City, cause notice of the proposed execution of such Supplemental Indenture to be mailed by first class mail to each registered owner of the Bonds. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file at the principal office of the Trustee for inspection by Bondholders. The Trustee shall not, however, be subject to any liability to any Bondholder by reason of its failure to mail such notice, and any such failure shall not affect the validity of such Supplemental Indenture when consented to and approved as provided above. If the Holders of not less than 2/3 in aggregate principal amount of the Bonds Outstanding at the time of the execution of any such 19 Page 449 of 594 Supplemental Indenture shall have consented to and approved the execution thereof, no Holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or the City from executing the same or from taking any action pursuant to the provisions thereof. SUMMARY OF THE CONTINUING DISCLOSURE AGREEMENT The City has entered into an undertaking in the form of the Continuing Disclosure Agreement as required by the Indenture for the benefit of the Beneficial Owners of the Series 2024 Bonds to cause certain financial information to be sent to certain information repositories annually and to cause notice to be sent to such information repositories of certain specified events, pursuant to the requirements of Section (b)(5)(i) of Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"). The City is a party to multiple continuing disclosure agreements for various bond issues of the City secured by different repayment sources. During the past five years, the City has identified certain instances in which filings were not made as required by such agreements. A listing of such instances, which may not be inclusive, is set forth below. With respect to bonds secured by the City's sales and use tax receipts, by library tax receipts, by parking revenues, and by receipts of a special hotel, motel and restaurant gross receipts tax, the City's audited financial statements for fiscal years 2019 and 2020 were not posted on a timely basis (1 to 3 days late). However, with respect to said sales and use tax bonds and library tax bonds, unaudited financial statements for such fiscal years were timely posted to the EMMA system, and as required by the Rule, upon their availability, the audited financial statements were subsequently posted. With respect to the aforementioned parking revenue bonds and hotel, motel and restaurant gross receipts tax bonds, for fiscal year 2020 only, unaudited financial statements were timely posted to the EMMA system, and as required by the Rule, upon their availability, the audited financial statements for such fiscal year were subsequently posted. The City makes no representation as to the materiality of the continuing disclosure delinquencies and omissions described above. The City has undertaken steps to ensure future compliance with its continuing disclosure obligations. The Continuing Disclosure Agreement contains the following covenants and provisions: (a) The City covenants that it will disseminate, or will cause the Dissemination Agent to disseminate, the Annual Financial Information and the Audited Financial Statements (in the form and by the dates set forth in Exhibit I to the Continuing Disclosure Agreement) by delivering such Annual Financial Information and the Audited Financial Statements to the MSRB within 180 days of the completion of the City's Fiscal Year. The City is required to deliver or cause delivery of such information in Prescribed Form and by such time so that such entity receives the information by the dates specified. (b) Not later than five (5) Business Days prior to the date specified in the preceding paragraph for providing the Annual Financial Information Disclosure to the MSRB, the City shall provide such Annual Financial Information Disclosure to the Dissemination Agent. If by such date the Dissemination Agent has not received a copy of the applicable Annual Financial Information Disclosure, the Dissemination Agent shall contact the applicable Disclosure Representative to determine if the City is in compliance with the preceding paragraph. If the Dissemination Agent is unable to verify that the Annual Financial Information Disclosure has been provided to the MSRB by the date required in the preceding paragraph, the Dissemination Agent shall file a notice to such effect with the MSRB in substantially the form attached as Exhibit III to the Continuing Disclosure Agreement. (c) If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate or cause dissemination of a statement to such effect as part of its Annual Financial Information for the Fiscal Year in which such event first occurs. (d) If any amendment is made to the Continuing Disclosure Agreement, the Annual Financial Information for the Fiscal Year in which such amendment is made (or in any notice or supplement provided to the MSRB) shall contain a narrative description of the reasons for such amendment and its impact on the type of information being provided. 20 Page 450 of 594 (e) The City covenants that it will disseminate or cause dissemination in a timely manner, not in excess of ten (10) Business Days after the occurrence of the event, of Listed Events Disclosure to the MSRB in Prescribed Form. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Series 2024 Bonds need not be given under the Continuing Disclosure Agreement any earlier than the notice (if any) of such redemption is given to the owners of the Series 2024 Bonds pursuant to the Indenture. The City is required to deliver or cause delivery of such Listed Events Disclosure in the same manner as provided for Annual Financial Information and Audited Financial Statements. (f) The Continuing Disclosure Agreement has been executed in order to assist the Participating Underwriter in complying with the Rule; however, the Continuing Disclosure Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, the Trustee and the Beneficial Owners of the Series 2024 Bonds, and shall create no rights in any other person or entity. In the event of a failure of the City to comply with any provision of the Continuing Disclosure Agreement, the Trustee may (and at the request of a Participating Underwriter or the Beneficial Owners of at least 25% in aggregate outstanding principal amount of the Series 2024 Bonds, and upon being indemnified to its satisfaction, shall) or the Beneficial Owner of any Series 2024 Bond may seek specific performance by court order to cause the City to comply with its obligations under the Disclosure Agreement. A default under the Disclosure Agreement shall not be deemed an Event of Default under the Indenture or any other agreement, and the sole remedy under the Disclosure Agreement in the event of any failure of the City or the Dissemination Agent to comply with the Disclosure Agreement shall be an action to compel performance. (g) The Undertaking of the City pursuant to the Continuing Disclosure Agreement shall be terminated when the City shall no longer have any legal liability for any obligation on or relating to the repayment of the Series 2024 Bonds. The City shall give notice to the MSRB, or shall cause the Dissemination Agent to give such notice, in a timely manner and in Prescribed Form in such event. (h) The City and the Dissemination Agent may amend the Continuing Disclosure Agreement, and any provision of the Continuing Disclosure Agreement may be waived, if (i) the amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the City or type of business conducted; (ii) the Continuing Disclosure Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; (iii) the amendment or waiver does not materially impair the interests of the Beneficial Owners of the Series 2024 Bonds, as determined either by parties unaffiliated with the City (such as the Trustee) or by an approving vote of the Beneficial Owners of the Series 2024 Bonds holding a majority of the aggregate principal amount of the Series 2024 Bonds (excluding Series 2024 Bonds held by or on behalf of the City or its affiliates) pursuant to the terms of the Indenture at the time of the amendment; or (iv) the amendment or waiver is otherwise permitted by the Rule. (i) The following terms used under this caption shall have the meanings set forth below: "Annual Financial Information " means receipts of the Sales and Use Tax for the latest Fiscal Year and for the four previous Fiscal Years. "Annual Financial Information Disclosure" means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in subsection (a) above. "Audited Financial Statements " means the audited consolidated financial statements of the City, prepared pursuant to generally accepted accounting standards and as described in Exhibit I to the Continuing Disclosure Agreement. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2024 Bonds (including persons holding Series 2024 Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Series 2024 Bonds for federal income tax purposes. "Business Day" means any day other than a Saturday or Sunday or a day on which banks in the State of Arkansas or in the state in which the Dissemination Agent is located are not open for business. "Commission " means the U.S. Securities and Exchange Commission. 21 Page 451 of 594 "Disclosure Representative" means the City's Finance Director, or his or her designee, or such other person as the City shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shall mean Simmons Bank, Pine Bluff, Arkansas, acting in its capacity as a dissemination agent under the Continuing Disclosure Agreement, or any successor dissemination agent designated in writing by the City and which has filed with the Trustee a written acceptance of such designation. "EMMA" means the Electronic Municipal Market Access facility for municipal securities disclosure of the MSRB. "Exchange Act" means the Securities Exchange Act of 1934, as amended. "Financial Obligation " means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as a security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term Financial Obligation does not include municipal securities as to which a final official statement has been otherwise provided to the MSRB under the Rule. "Fiscal Year" means any period of twelve (12) consecutive months adopted by the City as its fiscal year for financial reporting purpose. The Fiscal Year of the City presently ends on December 31 of each year. above. "Listed Event" means the occurrence of any of the following events with respect to the Series 2024 Bonds: (i) Principal and interest payment delinquencies; (ii) Nonpayment -related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (vii) Modifications to rights of security holders, if material; (viii) Bond calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution or sale of property securing repayment of the securities, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the City; (xiii) The consummation of a merger, consolidation or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (xv) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and (xvi) Default, event of acceleration, termination event, modification of terms, or similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. "Listed Events Disclosure " means dissemination of a notice of a Listed Event as set forth in subsection (e) WA Page 452 of 594 "MSRB" shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 1513(b)(1) of the 1934 Act. "Participating Underwriter" means each broker, dealer or municipal securities dealer acting as an underwriter in any primary offering of the Series 2024 Bonds. "Prescribed Form " means, with regard to the filing of Annual Financial Information, Audited Financial Statements and notices of Listed Events with the MSRB at www.emma.msrb.org (or such other address or addresses as the MSRB may from time to time specify), such electronic format, accompanied by such identifying information, as shall have been prescribed by the MSRB and which shall be in effect on the date of filing of such information. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission ("SEC") under the Exchange Act, as the same may be amended from time to time. "State" means the State of Arkansas. "Undertaking" means the obligations of the City pursuant to subsections (a) and (e) above. UNDERWRITING Under a bond purchase agreement entered into by and among the City and Stephens Inc. (the "Underwriter"), the Series 2024 Bonds are being purchased at a purchase price of $ (representing the stated principal amount of the Series 2024 Bonds [less][plus] a net reoffering [discount][premium] of $ and less an underwriting discount of $ ). The bond purchase agreement provides that the Underwriter will purchase all of the Series 2024 Bonds if any are purchased. The obligation of the Underwriter to accept delivery of the Series 2024 Bonds is subject to various conditions contained in the bond purchase agreement, including the absence of pending or threatened litigation questioning the validity of the Series 2024 Bonds or any proceedings in connection with the issuance thereof, and the absence of material adverse changes in the financial condition of the City. Mark C. Doramus, Chief Financial Officer of the Underwriter, serves on the Board of Directors of the Trustee. The Underwriter intends to offer the Series 2024 Bonds to the public initially at the offering prices as set forth on the inside cover page of this Official Statement, which offering prices (or bond yields establishing such offering prices) may subsequently change without any requirement of prior notice. The Underwriter reserves the right to join with dealers and other underwriters in offering the Series 2024 Bonds to the public, and may offer the Series 2024 Bonds to such dealers and other underwriters at a price below the public offering price. The City has agreed to indemnify the Underwriter against certain civil liabilities in connection with the offering and sale of the Series 2024 Bonds, including certain liabilities under federal securities laws. The Underwriter and its affiliates are full service financial institutions engaged in various activities, which may include securities trading, commercial and investment banking, financial advisory, investment management, principal investment, hedging, financing and brokerage services. The Underwriter and its affiliates have, from time to time, performed and may in the future perform, various financial advisory, commercial banking, investment banking and swap counterparty services for the City, for which they received or will receive customary fees and expenses. In the ordinary course of their various business activities, the Underwriter and its affiliates may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities, which may include credit default swaps) and financial instruments (including bank loans) for their own accounts and for the accounts of their customers and may at any time hold long and short positions in such securities and instruments. Such investment and securities activities may involve securities and instruments of the City. TAX MATTERS General Matters Federal Income Taxes. In the opinion of Kutak Rock LLP, Bond Counsel, under existing laws, regulations, rulings and judicial decisions, interest on the Series 2024 Bonds (including any original issue discount properly allocable to the owner of a Series 2024 Bond) is excludable from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. The opinion described in the preceding sentence assumes the accuracy of certain representations and compliance by the 23 Page 453 of 594 City with covenants designed to satisfy the requirements of the Code that must be met subsequent to the issuance of the Series 2024 Bonds. Failure to comply with such requirements could cause interest on the Series 2024 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Series 2024 Bonds. The City has covenanted to comply with such requirements. Interest on the Series 2024 Bonds may affect the federal alternative minimum tax imposed on certain corporations. Bond Counsel has expressed no opinion regarding other federal tax consequences arising with respect to the Series 2024 Bonds. The accrual or receipt of interest on the Series 2024 Bonds may otherwise affect the federal income tax liability of the owners of the Series 2024 Bonds. The extent of these other tax consequences will depend upon such owner's particular tax status and other items of income or deduction. Bond Counsel has expressed no opinion regarding any such consequences. Purchasers of the Series 2024 Bonds, particularly purchasers that are corporations (including S corporations, foreign corporations operating branches in the United States, and certain corporations subject to the federal alternative minimum tax), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers entitled to claim the earned income credit, taxpayers entitled to claim the refundable credit in Section 36B of the Code for coverage under a qualified health plan, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations, should consult their tax advisors as to the tax consequences of purchasing or owning the Series 2024 Bonds. Backup Withholding. An owner of a Series 2024 Bond may be subject to backup withholding at the applicable rate determined by statute with respect to interest paid with respect to the Series 2024 Bonds if such owner fails to provide to any person required to collect such information pursuant to Section 6049 of the Code with such owner's taxpayer identification number, furnishes an incorrect taxpayer identification number, fails to report interest, dividends or other "reportable payments" (as defined in the Code) properly, or, under certain circumstances, fails to provide such persons with a certified statement, under penalty of perjury, that such owner is not subject to backup withholding. Changes in Federal and State Tax Law From time to time, there are legislative proposals in the Congress and in the states that, if enacted, could alter or amend the federal tax matters referred to under this heading "TAX MATTERS" or adversely affect the market value of the Series 2024 Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether if enacted it would apply to bonds issued prior to enactment. In addition, regulatory actions are from time to time announced or proposed and litigation is threatened or commenced which, if implemented or concluded in a particular manner, could adversely affect the market value of the Series 2024 Bonds. It cannot be predicted whether any such regulatory action will be implemented, how any particular litigation or judicial action will be resolved, or whether the Series 2024 Bonds or the market value thereof would be impacted thereby. Purchasers of the Series 2024 Bonds should consult their tax advisors regarding any pending or proposed legislation, regulatory initiatives or litigation. The opinions expressed by Bond Counsel are based upon existing legislation and regulations as interpreted by relevant judicial and regulatory authorities as of the date of issuance and delivery of the Series 2024 Bonds, and Bond Counsel has expressed no opinion as of any date subsequent thereto or with respect to any pending legislation, regulatory initiatives or litigation. PROSPECTIVE PURCHASERS OF THE SERIES 2022 BONDS ARE ADVISED TO CONSULT THEIR OWN TAX ADVISORS PRIOR TO ANY PURCHASE OF THE SERIES 2024 BONDS AS TO THE IMPACT OF THE CODE UPON THEIR ACQUISITION, HOLDING OR DISPOSITION OF THE SERIES 2024 BONDS. State Taxes Bond Counsel is of the opinion that, under existing law, the interest on the Series 2024 Bonds is exempt from all state, county and municipal taxes in the State of Arkansas. 24 Page 454 of 594 RATING S&P Global Ratings, a business unit of Standard & Poor's Financial Services LLC ("S&P"), has assigned a rating of "_" ( outlook) to the Series 2024 Bonds. Such rating reflects only the view of S&P at the time such rating was given, and the City makes no representation as to the appropriateness of such rating. An explanation as to the significance of the above rating may be obtained only from S&P. The City has furnished S&P certain information and materials relating to the Series 2024 Bonds and the City, some of which have not been included in this Official Statement. Generally, rating agencies base their ratings on such information and materials and investigations, studies and assumptions furnished to and obtained and made by the rating agencies. There is no assurance that a particular rating will be maintained for any given period of time or that it may not be lowered, raised or withdrawn entirely by S&P if, in its judgment, circumstances so warrant. Neither the City nor the Underwriter have undertaken any responsibility to oppose any such revision or withdrawal. Any downward change in or withdrawal of a rating may have an adverse effect on the market price and marketability of the Series 2024 Bonds. No application has been made to any Rating Agency other than S&P for a rating on the Series 2024 Bonds. LEGAL MATTERS Legal Opinions. Legal matters incident to the authorization and issuance of the Series 2024 Bonds are subject to the unqualified approving opinion of Kutak Rock LLP, Little Rock, Arkansas, Bond Counsel, a copy of whose approving opinion will be delivered with the Series 2024 Bonds and a form of which is attached hereto as Appendix A. Certain legal matters will be passed upon for the City by its counsel, Kit Williams, Esq., City Attorney. Litigation. There is no litigation pending seeking to restrain or enjoin the issuance or delivery of the Series 2024 Bonds or questioning or affecting the legality of the Series 2024 Bonds or the proceedings and authority under which the Series 2024 Bonds are to be issued, or questioning the right of the City to issue the Series 2024 Bonds. There is no action, suit or proceeding known to be pending or threatened, restraining or enjoining the City in any way which could have a material adverse effect on the Sales and Use Tax or the City's ability to pay debt service with respect to the Series 2024 Bonds. MISCELLANEOUS Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. This Official Statement is not to be construed as a contract or agreement between the City and the purchasers or owners of any of the Series 2024 Bonds. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The information contained in this Official Statement has been taken from sources considered to be reliable, but is not guaranteed. To the best of the knowledge of the City, this Official Statement does not include any untrue statement of a material fact, nor does it omit the statement of any material fact required to be stated herein, or necessary to make the statements herein, in light of the circumstances under which they were made, not misleading. 25 Page 455 of 594 The execution and delivery of this Official Statement has been duly authorized by the City of Fayetteville, Arkansas. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor 26 Page 456 of 594 APPENDIX A Proposed Form of Bond Counsel Opinion Upon delivery of the Series 2024 Bonds in definitive form, Kutak Rock LLP, Little Rock, Arkansas, proposes to deliver its approving opinion in substantially the following form: 12024 City of Fayetteville, Arkansas Fayetteville, Arkansas Simmons Bank, as Trustee Pine Bluff, Arkansas Stephens Inc. Fayetteville, Arkansas $15,000,000* City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds Series 2024 Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance and sale by the City of Fayetteville, Arkansas (the "City"), a political subdivision of the State of Arkansas, of its $15,000,000* Sales and Use Tax Capital Improvement Bonds, Series 2024 (the "Series 2024 Bonds"). The Series 2024 Bonds are being issued pursuant to the provisions of the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 and Arkansas Code Annotated (1998 Repl. & Supp. 2023) §§ 14- 164-301 et seq. (as from time to time amended, the "Local Government Bond Act"), pursuant to Ordinance No. of the City, duly adopted and approved on August _, 2024 (the "Authorizing Ordinance"), and pursuant to a Trust Indenture dated as of August 1, 2019, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, and by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), by and between the City and Simmons Bank, as trustee (the "Trustee"). Reference is hereby made to the Indenture and to all indentures supplemental thereto for the provisions, among others, with respect to the conditions for the issuance of parity indebtedness by the City, with respect to the nature and extent of the security for the Series 2024 Bonds, the rights, duties and obligations of the City, the Trustee and the Holders of the Series 2024 Bonds, and the terms upon which the Series 2024 Bonds are issued and secured. At a special election held April 9, 2019, called in accordance with the Local Government Bond Act pursuant to Ordinance No. 6216 of the City, adopted on December 18, 2018 (the "Election Ordinance"), the issuance of capital improvement bonds secured by the Sales and Use Tax (as defined in the Indenture) was approved by a majority of the qualified electors of the City voting on each of the ten questions set forth on the ballot in the respective principal amounts and for the specified purposes therein described. Reference is made to an opinion of even date herewith of Kit Williams, Esq., City Attorney, a copy of which is on file with the Trustee, with respect, among other matters, to the status and valid existence of the City, the power of the City to adopt the Election Ordinance and the Authorizing Ordinance and to enter into and perform its obligations under the Indenture, the valid adoption of the Election Ordinance and the Authorizing Ordinance, and the due authorization, execution and delivery of the Indenture by the City, and with respect to the Indenture being enforceable upon the City. Preliminary; subject to change. A-1 Page 457 of 594 We have examined the law and such certified proceedings and other papers as we have deemed necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the representations of the City contained in the Election Ordinance, the Authorizing Ordinance and the Indenture and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The City is duly created and validly existing as a municipal corporation of the State of Arkansas. Pursuant to the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 and the Local Government Bond Act, the City is empowered to adopt the Election Ordinance and the Authorizing Ordinance, to execute and deliver the Indenture, to perform the agreements on its part contained therein, and to issue the Series 2024 Bonds. 2. The Authorizing Ordinance has been duly adopted by the City and constitutes a valid and binding obligation of the City enforceable upon the City in accordance with its terms. 3. The Indenture has been duly authorized, executed and delivered by the City and is a valid and binding obligation of the City enforceable upon the City in accordance with its terms. 4. The Series 2024 Bonds have been duly authorized, executed and delivered by the City and are valid and binding limited obligations of the City payable from and secured by a valid lien on and pledge of the Trust Estate (as defined in the Indenture), including receipts of the Sales and Use Tax (as defined in the Indenture), in the manner and to the extent provided in the Indenture. Such lien and pledge are made on a parity basis with the existing lien and pledge of the Trust Estate securing the City's (i) Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A, and (ii) Sales and Use Tax Capital Improvement Bonds, Series 2022. The City is duly authorized to pledge such Trust Estate, and no further action on the part of the City or any other party is required to perfect the same or the interest of the owners of the Series 2024 Bonds therein. 5. The Sales and Use Tax has been validly adopted in accordance with the Constitution and laws of the State of Arkansas, including Amendment 62 and the Local Government Bond Act, and may be validly pledged to secure the Series 2024 Bonds. 6. Interest on the Series 2024 Bonds (including any original issue discount properly allocable to the owner of a Series 2024 Bond) is excludable from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. The opinions described in the preceding sentence assume the accuracy of certain representations and compliance by the City with covenants designed to satisfy the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be met subsequent to the issuance of the Series 2024 Bonds. Failure to comply with such requirements could cause interest on the Series 2024 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Series 2024 Bonds. The City has covenanted to comply with such requirements. We express no opinion regarding other federal tax consequences arising with respect to the Series 2024 Bonds. 7. The interest on the Series 2024 Bonds is exempt from all state, county and municipal taxes in the State of Arkansas. 8. The Series 2024 Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Indenture is not required to be qualified under the Trust Indenture Act of 1939, as amended, in connection with the offer and sale of the Series 2024 Bonds. A-2 Page 458 of 594 It is to be understood that the rights of the registered owners of the Series 2024 Bonds and the enforceability of the Series 2024 Bonds, the Authorizing Ordinance and the Indenture may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable and that their enforcement may also be subject to the exercise of judicial discretion in appropriate cases. Very truly yours, A-3 Page 459 of 594 [THIS PAGE INTENTIONALLY BLANK] Page 460 of 594 APPENDIX B DEFINITIONS OF CERTAIN TERMS The following are definitions of certain terms used in this Official Statement: "Account" means an Account established by Article V of the Indenture. "Act" or "Local Government Bond Act" means the Local Government Bond Act of 1985, codified as Arkansas Code Annotated (1998 Repl. & Supp. 2023) Sections 14-164-301 et seq., as from time to time amended. "Additional Bonds" means Bonds in addition to the Series 2019A Bonds, the Series 2022 Bonds and the Series 2024 Bonds which are issued under the provisions of the Indenture. "Amendment 62" means Amendment No. 62 to the Constitution of Arkansas, approved by the voters of the State on November 6, 1984. "Annual Debt Service" means, with respect to all or any particular amount of Bonds, the Debt Service for any particular Fiscal Year required to be paid or set aside during such Fiscal Year, less the amount of such payment which is provided from the proceeds of Bonds or from sources other than Sales and Use Tax receipts. "Authorized Representative" means either the Mayor or the Finance Director of the City and such additional persons as from time to time may be designated to act on behalf of the City by a Certificate furnished to the Trustee containing the specimen signature thereof and executed on behalf of the City by its Mayor. "Authorizing Ordinance" means Ordinance No. , adopted by the City on August _, 2024, which authorized the issuance of the Series 2024 Bonds pursuant to the Indenture. "Beneficial Owner" means any Person who acquires beneficial ownership interest in a Bond held by the Securities Depository. In determining the Beneficial Owner of any Bond, the Trustee may rely exclusively upon written representations made and information given to the Trustee by the Securities Depository or its Participants with respect to any Bond held by the Securities Depository in which a beneficial ownership interest is claimed. "Bond Counsel" means any firm of nationally recognized municipal bond counsel selected by the City and acceptable to the Trustee. "Bond Fund" means the fund by that name created and established in the Indenture. "Bonds" means the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds and all Additional Bonds issued by the City pursuant to the Indenture. "Book -Entry System" means the book -entry system maintained by the Securities Depository and described in the Indenture. "Business Day" means any day other than (a) a Saturday or Sunday, (b) a day on which commercial banks in New York, New York, or the city in which the principal corporate trust office of the Trustee is located are authorized or required by law or executive order to close, or (c) a day on which the New York Stock Exchange or the Securities Depository is closed. "Certificate" means a document signed by an Authorized Representative of the City attesting to or acknowledging the circumstances or other matters therein stated. "City" means the City of Fayetteville, Arkansas, a municipality and political subdivision under the laws of the State of Arkansas. "City Clerk" means the person holding the office and performing the duties of the City Clerk of the City. "Closing Date" means, with respect to any series of Bonds, the date upon which there is an exchange of such series of Bonds for the proceeds representing the purchase price for such series of Bonds by the Original Purchaser or Purchasers thereof. "Code" means the Internal Revenue Code of 1986, as from time to time amended, and applicable regulations issued or proposed thereunder. "Completion Date" means the date upon which a particular Project (or portion thereof) is first ready for normal continuous operation, as determined by the City's Finance Director. 10 Page 461 of 594 "Continuing Disclosure Agreement" means, collectively, each Continuing Disclosure Agreement between City and the Dissemination Agent, dated the date of issuance and delivery of a series of Bonds, as originally executed and as amended from time to time in accordance with the terms thereof. "Costs of Issuance" means all items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, including, but not limited to, underwriting discounts, fees and expenses, election expenses, publication expenses, expenses of printing, reproducing, filing and recording documents, initial fees and charges of the Trustee and any Paying Agent, fees and expenses for legal, accounting and other professional services, rating fees, costs of securing any credit enhancement for the Bonds, costs of execution, transportation and safekeeping of the Bonds, and other costs, charges and fees incurred in connection with the foregoing. "Costs of Issuance Fund" means the fund by that name created and established in the Indenture. "Debt Service" means, with respect to all or any particular amount of Bonds, the total as of any particular date of computation and for any particular period of the scheduled amount of interest and amortization of principal payable on such Bonds, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Dissemination Agent" means the entity named as dissemination agent in each Continuing Disclosure Agreement entered into in connection with the issuance of a series of Bonds. "Election Ordinance" means Ordinance No. 6216, adopted by the City Council on December 18, 2018, pursuant to which there was submitted to the qualified electors of the City the ten questions relating to the issuance of the Bonds. "Event of Default" means any event of default specified in Section 801 of the Indenture. "Fiscal Year" means the 12-month period used, at any time, by the City for accounting purposes, which may be the calendar year. "Fund" means a fund established by the Indenture. "Government Securities" means (a) direct obligations (other than an obligation subject to variation in principal repayment) of the United States of America, (b) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America, (c) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or (d) evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated. "Holder" or "Bondholder" or "owner of the Bonds" means the registered owner of any Bond. "Indenture" means the Trust Indenture dated as of August 1, 2019, as supplemented and amended by the First Supplemental Trust Indenture dated as of June 1, 2022, and as supplemented and amended by the Second Supplemental Trust Indenture dated as of October 1, 2024, all between the City and the Trustee, pursuant to which the Bonds are issued, and any amendments and supplements thereto. "Investment Securities" means, if and to the extent the same are at the time legal for investment of Funds and Accounts held under the Indenture: (a) cash (fully insured by the Federal Deposit Insurance Corporation); (b) Government Securities; (c) Federal Housing Administration debentures; (d) The obligations of the following government -sponsored agencies which are not backed by the full faith and credit of the United States of America: IM Page 462 of 594 1) Federal Home Loan Mortgage Corporation (FHLMC) senior debt obligations and Participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts); 2) Farm Credit System (formerly Federal Land Banks, Federal Intermediate Credit Banks and Banks for Cooperatives) consolidated system -wide bonds and notes; 3) Federal Home Loan Banks (FHL Banks) consolidated debt obligations; and 4) Federal National Mortgage Association (FNMA) senior debt obligations and mortgage -backed securities (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts); (e) Unsecured certificates of deposit, time deposits, and bankers' acceptances (having maturities of not more than 365 days) of any bank the short-term obligations of which are rated "A-1+" or better by S&P and "Prime-1" by Moody's; (f) Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation, in banks which have capital and surplus of at least $15 million; (g) Commercial paper (having original maturities of not more than 270 days) rated "A-1+" by S&P and "Prime-l" by Moody's; (h) Money market funds rated "Aam" or "AAm-G" by S&P, or better and if rated by Moody's rated "Aa2" or better; (i) "State Obligations", which means: 1) Direct general obligations of any state of the United States of America or any subdivision or agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated at least "AY by Moody's and at least "A-" by S&P, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated; 2) Direct general short-term obligations of any state agency or subdivision or agency thereof described in (a) above and rated "A-1+" by S&P and "MIG-1" by Moody's; and 3) Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state or state agency described in (b) above and rated "AA-" or better by S&P and "Aa3" or better by Moody's; 0) Pre -refunded municipal obligations rated "AAA" by S&P and "Aaa" by Moody's meeting the following requirements: 1) the municipal obligations are (1) not subject to redemption prior to maturity or (2) the trustee for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; 2) the municipal obligations are secured by cash or U.S. Treasury Obligations which may be applied only to payment of the principal of, interest and premium on such municipal obligations; 3) the principal of and interest on the U.S. Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public MR Page 463 of 594 accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations ("Verification Report"); 4) the cash or U.S. Treasury Obligations serving as security for the municipal obligations are held by an escrow agent or trustee in trust for owners of the municipal obligations; 5) no substitution of a U.S. Treasury Obligation shall be permitted except with another U.S. Treasury Obligation and upon delivery of a new Verification Report; and 6) the cash or U.S. Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee or escrow agent. "Mayor" means the person holding the office and performing the duties of the Mayor of the City. "Original Purchaser" means the first purchaser(s) of a series of the Bonds from the City. "Outstanding" means, as of any date of computation, Bonds theretofore or thereupon being delivered under the Indenture, except: (a) Bonds cancelled at or prior to such date or delivered to or acquired by the Trustee at or prior to such date for cancellation; (b) Bonds deemed to be paid in accordance with Article VII of the Indenture; and (c) Bonds in lieu of or in exchange or substitution for which other Bonds shall have been authenticated and delivered pursuant to the Indenture. "Parks Project" means the acquisition, design, construction and equipping of certain City parks systems and related improvements, as described in the Election Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed $26,405,000. "Participants" means those financial institutions for whom the Securities Depository effects book -entry transfers and pledges of securities deposited with the Securities Depository in the Book -Entry System, as such listing of Participants exists at the time of such reference. "Paying Agent" means any bank or trust company named by the City as the place at which the principal of and premium, if any, and interest on the Bonds are payable. "Person" means any natural person, firm, association, corporation, limited liability company, partnership, joint stock company, joint venture, trust, unincorporated organization or firm, or a government or any agency or political subdivision thereof or other public body. "Projects" means, collectively, the Streets Project and the Parks Project. "Project Costs" means, to the extent permitted by the Act or other applicable laws, with respect to the Projects, all costs of planning, designing, purchasing, acquiring, constructing, improving, enlarging, extending, repairing, financing and placing in operation, including obtaining governmental approvals, certificates, permits and licenses with respect thereto, heretofore or hereafter paid or incurred by or on behalf of the City and which shall include, but shall not be limited to: (a) interest accruing in whole or in part on the Bonds prior to and during construction of the Projects, including all amounts required by the Indenture to be paid from the proceeds of the Bonds into the Bond Fund; (b) preliminary investigation and development costs, engineering fees, contractors' fees, labor costs, the cost of materials, equipment, utility services and supplies, costs of obtaining permits, licenses and approvals, costs of real property, insurance premiums, legal and financing fees and costs, administrative and general costs, and all other costs properly allocable to the acquisition, construction and equipping of the Projects and placing the same in operation; Page 464 of 594 (c) all costs relating to injury and damage claims arising out of the acquisition, construction or equipping of the Projects; (d) all other costs incurred in connection with, and properly allocable to, the acquisition, construction and equipping of the Projects; and (e) amounts to pay or reimburse the City or any City fund for expenses of the City incident and properly allocable to such planning, designing, purchasing, acquiring, constructing, improving, enlarging, extending, repairing, financing and placing in operation of the Projects. "Project Fund" means the fund by that name created and established in the Indenture. "Rating Agency" means Moody's Investors Service, S&P Global Ratings, a business unit of Standard & Poor's Financial Services LLC, or Fitch, Inc., and their respective successors and assigns. If any such corporation ceases to act as a securities rating agency, the City may appoint any nationally recognized securities rating agency as a replacement. "Rebate Fund" means the fund by that name created and established in the Indenture. "Record Date" means the fifteenth day of the calendar month preceding the calendar month in which an interest payment date on the Bonds occurs. "Redemption Fund" means the fund by that name established in the Indenture. "Requisition" means a written requisition of the City, consecutively numbered, signed by an Authorized Representative including, without limitation, the following with respect to each payment requested: (i) the particular Project to which it relates; (ii) the name of the Person or parry to whom payment is to be made and the purpose of the payment; (iii) the amount to be paid thereunder; (iv) that such amount has not been previously paid by the City and is justly due and owing to the Person(s) named therein as a proper payment or reimbursement of a Project Cost; and (v) that no Event of Default exists under the Indenture and that, to the knowledge of the Authorized Representative, no event has occurred and continues which with notice or lapse of time or both would constitute an Event of Default under the Indenture. "Revenue Fund" means the fund by that name created and established in the Indenture. "Sales and Use Tax" means the one percent (1.00%) city-wide sales and use tax authorized under the Act which has been levied within the City pursuant to the Election Ordinance and approved by the voters of the City, the collection of which tax commenced on October 1, 2019. Receipts of the Sales and Use Tax are pledged to the payment of Debt Service on the Bonds. "Securities Depository" means The Depository Trust Company, New York, New York, or its nominee, and its successors and assigns, or any other depository institution appointed by the City or the Trustee to act as depository for the Bonds in connection with the Book -Entry System. "Series 2019A Bonds" means the City's Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A, issued under and secured by this Indenture in the original aggregate principal amount of $124,425,000. "Series 2022 Bonds" means the City's Sales and Use Tax Capital Improvement Bonds, Series 2022, issued under and secured by this Indenture in the original aggregate principal amount of $74,340,000. "Series 2024 Bonds" means the City's Sales and Use Tax Capital Improvement Bonds, Series 2024, issued under and secured by this Indenture in the original aggregate principal amount of $15,000,000*. "State" means the State of Arkansas. "Streets Project" means the acquisition, design, construction, reconstruction, repair, resurfacing, straightening and widening of certain City streets and related improvements, as described in the Election Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed $73,925,000. IM Page 465 of 594 "Supplemental Indenture" means any indenture supplemental to or amendatory of the Indenture. "Surplus Tax Receipts" shall have the meaning ascribed to such term in Section 503 of the Indenture. "Tax Compliance Agreement" means with respect to any series of tax-exempt Bonds, that Tax Compliance Agreement of the City relating to maintenance of the excludability of interest on such Bonds from gross income for federal income tax purposes, delivered in connection with the issuance of such series of Bonds. "Trustee" means the banking corporation or association designated as Trustee in the Indenture, and its successor or successors as such Trustee. The original Trustee is Simmons Bank, Pine Bluff, Arkansas. "Trust Estate" means the property described in the granting clauses of the Indenture. * Preliminary; subject to change. Page 466 of 594 APPENDIX C THE SALES AND USE TAX Sales Tax. The sales tax portion of the Sales and Use Tax is generally levied upon the gross proceeds and receipts derived from all sales to any Person within the City of the following: (a) Tangible personal property; (b) Specified digital products; (c) Digital codes; (d) Natural or artificial gas, electricity, water, ice, steam, or any other tangible personal property sold as a utility or provided as a public service; (e) Any intrastate, interstate, and international telecommunications service that is sourced in the State, any ancillary service, and any installation, maintenance, or repair service of telecommunications equipment; (f) Service of furnishing rooms, suites, condominiums, townhouses, rental houses, or other accommodations by hotels, apartment hotels, lodging houses, tourist camps, tourist courts, property management companies, accommodations intermediaries, or any other provider of accommodations to transient guests; (g) Service of cable television, community antenna television, and any and all other distribution of television, video, or radio services with or without the use of wires provided to subscribers, paying customers or users, including all service charges and rental charges, and including installation and repair service charges and any other charges having any connection with the providing of the said services; provided, however, sales taxes are not levied on services purchased by radio or television providers for use in providing their services; (h) Service of initial installation, alteration, addition, cleaning, refinishing, replacement, and repair of motor vehicles, aircraft, farm machinery and implements, motors of all kinds, tires and batteries, boats, electrical appliances and devices, furniture, rugs, flooring, upholstery, household appliances, televisions and radios, jewelry, watches and clocks, engineering instruments, medical and surgical instruments, machinery of all kinds, bicycles, office machines and equipment, shoes, tin and sheet metal, mechanical tools, and shop equipment; however, the tax does not apply to (A) the repair or maintenance of railroad parts, railroad cars, and equipment brought into the City solely and exclusively for the purpose of being repaired, refurbished, modified, or converted within the City; (B) services performed on watches and clocks which are received by mail or common carrier from outside the State and which, after the service is performed, are returned to points outside the State; (C) the service of alteration, addition, cleaning, refinishing, replacement or repair of commercial jet aircraft or commercial jet aircraft components or subcomponents; (D) the repair or remanufacture of industrial metal rollers or platens that have a remanufactured nonmetallic material covering on all or a part of the roller or platen surface which are brought into the State solely and exclusively for the purpose of being repaired or remanufactured in this State and are then shipped back to the state of origin; (E) services performed by a temporary or leased employee or other contract laborer on items owned or leased by the employer; or (F) the initial installation, alteration, addition, cleaning, refinishing, replacement or repair of nonmechanical, passive or manually operated components of buildings or other improvements or structures affixed to real estate; (i) Service of providing transportation or delivery of money, property or valuables by armored car; service of providing cleaning or janitorial work; service of pool cleaning and servicing; pager services; telephone answering services; landscaping and non-residential lawn care services; service of parking a motor vehicle or allowing a motor vehicle to be parked; service of storing a motor vehicle; service of storing furs; service of providing indoor tanning at a tanning salon; wrecker and towing services; service of collecting and disposing of solid waste; parking lot and gutter cleaning services; dry cleaning and laundry services; industrial laundry services; body piercing, tattooing, and electrolysis services; pest control services; security and alarm monitoring services; boat storage and docking fees; service of furnishing camping spaces or trailer spaces at public or privately owned campgrounds, except for federal campgrounds, on less than a month -to -month basis; locksmith services; and pet grooming and kennel services; 0) Printing of all kinds, types, and characters, including the service of overprinting, and photography of all kinds; (k) Tickets or admissions to places of amusement, or to athletic, entertainment or recreational events, or fees for access to or the use of amusement, entertainment, athletic or recreational facilities; provided, however, C-1 Page 467 of 594 sales taxes are not levied on membership dues paid to a hunting or fishing club that are paid to obtain access to land for the primary purpose of hunting or fishing; (1) Dues and fees to health spas, health clubs, and fitness clubs; and dues and fees to private clubs which hold any permit from the Alcoholic Beverage Control Board allowing the sale, dispensing, or serving of alcoholic beverages of any kind on the premises; provided, however, sales taxes are not levied on membership dues paid to a hunting or fishing club that are paid to obtain access to land for the primary purpose of hunting or fishing; (m) Beer, wine, liquor, or any intoxicating beverages; (n) Proceeds derived from the business of owning, operating, or leasing of coin -operated pinball machines, coin -operated music machines, coin -operated mechanical games, and similar devices; (o) Contracts, including service contracts, maintenance agreements and extended warranties, which in whole or in part provide for the future performance of or payment for services which are subject to the sales tax; (p) Any device used in playing bingo and any charge for admittance to facilities or for the right to play bingo or other games of chance; (q) Computer software, including prewritten computer software, but not proceeds from the sale of a software maintenance contract; (r) Service of repairing or maintaining computer equipment or hardware; (s) Prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service; (t) Lease or rental of a portable toilet on a short-term or a long-term basis, and any service associated with the lease or rental of a portable toilet provided by the lessor or otherwise; (u) Fishing guide services; (v) New or used heavy equipment; and (w) Withdrawals from stock. Exemptions from Sales Tax. As summarized below, several types of transactions have been exempted from the sales tax by the General Assembly of the State. Some of the current exemptions include the sale of: (a) Tangible personal property, specified digital products, a digital code, or services by churches, except where such organizations may be engaged in business for profit; (b) Tangible personal property, specified digital products, a digital code, or services by charitable organizations, except where such organizations may be engaged in business for profit; (c) Foodstuffs in public, common, high school, or college cafeterias and lunch rooms operated primarily for teachers and pupils, and not operated primarily for the public or for profit; (d) Newspapers; (e) Property or services to the United States Government; motor vehicles and adaptive equipment to disabled veterans who have purchased said vehicles or adaptive equipment with financial assistance of the United States Department of Veterans Affairs; specified digital products, digital code, or tangible personal property to and leasing to the Salvation Army, Heifer Project International, Inc., Habitat for Humanity, Arkansas Symphony Orchestra Society, Inc., the Arkansas Black Hall of Fame Foundation, Inc., the Arkansas Scent Dog Association, Inc., the Boy Scouts of America, the Girl Scouts of America or any of the Scout Councils in the State, to the Boys & Girls Club of America, to the Poets' Roundtable of Arkansas, to 4-H Clubs and FFA Clubs, to the Arkansas 4-H Foundation, to the Arkansas Future Farmers of America Foundation, to the Arkansas Future Farmers of America Association, to a parent teacher organization, a parent teacher association, or a similar nonprofit organization that is affiliated with a public school, and to the Disabled American Veterans Organization; (f) Gasoline or motor vehicle fuel on which the motor vehicle fuel or gasoline tax has been paid to the State; special fuel or petroleum products sold for consumption by vessels, barges, and other commercial watercraft and railroads; dyed distillate special fuel on which a tax has been paid; and biodiesel fuel; C-2 Page 468 of 594 (g) Property resales to persons regularly engaged in the business of reselling the articles purchased; (h) Advertising space in newspapers and publications, billboard advertising services, and advertising on public transit buses; (i) Publications sold through regular subscription; 0) Gate admission at State, district, county, or township fairs or at any rodeo if the receipts derived from gate admissions to the rodeo are used exclusively for the improvement, maintenance, and operation of such rodeo, and if no part of the net earnings thereof inures to the benefit of any private stockholder or individual; (k) Property or services which the State is prohibited by the United State Constitution and the laws of the United States or by the Arkansas Constitution from taxing or further taxing; (1) Isolated sales not made by an established business; (m) Cotton, seed cotton, lint cotton, baled cotton, whether compressed or not, or cotton seed in its original condition; seed for use in commercial production of an agricultural product or of seed; raw products from the farm, orchard, or garden, when the sale is made by the producer of the raw products directly to the consumer and user; livestock, poultry, poultry products, and dairy products of producers owning not more than five cows; and baby chickens; (n) Foodstuffs to governmental agencies for free distribution to any public, penal, and eleemosynary institutions or for free distribution to the poor and needy; (o) Rental or sale of medical equipment, for the benefit of persons enrolled in and eligible for Medicare or Medicaid programs; (p) Tangible personal property, specified digital products, digital code, or services provided to any hospital or sanitarium operated for charitable and nonprofit purposes or any nonprofit organization whose sole purpose is to provide temporary housing to the family members of patients in a hospital or sanitarium; (q) Used tangible personal property when the used property was (1) traded in and accepted by the seller as part of the sale of other tangible personal property; and (2) the Arkansas Gross Receipts Tax was collected and paid on the total amount of consideration for the sale of the other tangible personal property without any deduction or credit for the value of the used tangible personal property; provided, however, this exemption does not apply to transactions involving used automobiles or used aircraft; (r) Unprocessed crude oil; (s) Tangible personal property consisting of machinery and equipment used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging of articles of commerce at (i) new manufacturing or processing plants or facilities in the State or (ii) existing manufacturing or processing plants or facilities in the State if the tangible personal property is used to replace existing machinery and equipment at such plant or facilities; (t) Property consisting of machinery and equipment required by State or federal law or regulations to be installed and utilized by manufacturing or processing plants or facilities, cities or towns in the State in order to prevent or reduce air and/or water pollution or contamination; (u) Electricity used in the manufacture of aluminum metal by the electrolytic reduction process; (v) Articles sold on the premises of the Arkansas Veterans Home; (w) Automobile parts which constitute "core charges," which are received for the purpose of securing a trade-in for the article purchased; (x) Tangible personal property lawfully purchased with food stamps, food coupons, food instruments or vouchers in connection with certain Federal programs; (y) Parts or other tangible personal property incorporated into or which become a part of commercial jet aircraft components or subcomponents, and the services required to incorporate the parts or other tangible personal property into a part of commercial jet aircraft components or subcomponents; (z) Transfer of fill material by a business engaged in transporting or delivering fill material; C-3 Page 469 of 594 (aa) Long-term leases, thirty (30) days or more, of commercial trucks used for interstate transportation of goods under certain conditions; (bb) Catalysts, chemicals, reagents, and solutions which are consumed or used in producing, manufacturing, fabricating, processing or finishing articles of commerce at manufacturing or processing plants in the State, and by manufacturing or processing plants or facilities in the State to prevent or reduce air or water pollution or contamination; (cc) Fuel packaging materials sold to persons engaged in the business of processing hazardous and non- hazardous waste materials into fuel products at an approved site, and machinery and equipment, including analytical equipment and chemicals used directly in processing hazardous and non -hazardous waste materials into fuel products at an approved site; (dd) Goods, wares, merchandise, or tangible personal property withdrawn or used from an established business or from the stock in trade of established reserves for consumption or use in an established business or by any other person if the goods, wares, merchandise or other tangible personal property withdrawn or used is donated to a National Guard Member, emergency service worker, or volunteer providing services to a county which has been declared a disaster area by the Governor; (cc) Tangible personal property, specified digital products, or digital code sold by or to a car wash operator for use in an automatic car wash, a car wash tunnel, or a self-service bay or as part of an ancillary service; services to a car wash operator; and ancillary services by a car wash operator; (ff) Tangible personal property sold at a concession stand operated by a nonprofit youth organization if all of the proceeds go to that organization; (gg) New and used farm machinery and equipment; (hh) Feedstuffs used in the commercial production of livestock or poultry; (ii) Agricultural fertilizer, agricultural limestone, agricultural chemicals and water purchased from a public surface -water delivery project to reduce or replace water used for in -ground irrigation or to reduce depletion of groundwater for agriculture; 0j) Prescription drugs by licensed pharmacists, hospitals or physicians, and oxygen sold for human use on prescription of a licensed physician; (kk) Vessels, barges and towboats of at least fifty (50) tons load displacement and parts and labor used in the repair and construction of the same; (11) Bagging and other packaging and tie materials sold to and used by cotton gins in the State for packaging and/or tying baled cotton, twine which is used in the production of tomato crops, and expendable supplies for farm machinery used for baling, tying, wrapping, or sealing animal feed products; (mm) Aircraft held for resale and used for rental or charter, whether by a business or an individual for a period not to exceed one year from the date of purchase of aircraft; (nn) Motor vehicles sold to municipalities, counties, school districts, and State supported colleges and universities; (oo) School buses sold to school districts and, in certain cases, to other purchasers providing school bus service to school districts; (pp) Sale of tickets or admissions, by municipalities and counties, to places of amusement, to athletic entertainment, recreational events, or fees for the privilege of having access to or the use of amusement, entertainment, athletic or recreational facilities, including free or complimentary passes, tickets, admissions, dues or fees; (qq) Tickets for admission to athletic events and interscholastic activities of public and private elementary and secondary schools in the State and tickets for admission to athletic events at public and private colleges and universities in the State; (rr) Property or sales to all orphans' homes, or children's homes, which are not operated for profit and whether operated by a church, religious organization or other benevolent charitable association; C-4 Page 470 of 594 (ss) Property or services to humane societies which are not operated for profit; (tt) New automobiles to a veteran of the United States Armed Services who is blind as a result of a service connected injury; (uu) The first 500 kilowatt hours of electricity per month and the total franchise taxes billed to each residential customer whose household income is less than $12,000 per year; (vv) Motor fuels to owners or operators of motor buses operated on designated streets according to regular schedule and under municipal franchise which are used for municipal transportation purposes; (ww) Insulin and test strips for testing blood sugar levels in humans; (xx) New motor vehicles purchased by nonprofit organizations and used for the performance of contracts with the Department of Human Services, and new motor vehicles purchased with Federal Transit Administration funds if (i) the vehicles meet minimum specifications of State purchasing law, and (ii) the vehicles are used for transportation under the Department of Human Services' programs for the aging, disabled, mentally ill, and children and family services; (yy) Foodstuffs to nonprofit agencies; (zz) Tangible personal property consisting of forms constructed of plaster, cardboard, fiberglass, natural fibers, synthetic fibers, or composites and which are destroyed or consumed during the manufacture of the item; (aaa) Natural gas used as a fuel in the process of manufacturing glass; (bbb) Sales to the Community Service Clearinghouse, Inc. of Fort Smith; (ccc) Substitute fuel used in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging of articles of commerce at manufacturing facilities or processing plants in the State; (ddd) Railroad rolling stock manufactured for use in transporting persons or property in interstate commerce; (eee) Parts or other tangible personal property which become a part of railroad parts, railroad cars and equipment brought into the State for the purpose of being repaired, refurbished, modified or converted within the State; (fff) Gas produced from biomass and sold for the purpose of generating steam, hot air or electricity to be sold to the gas producer; (ggg) Machinery, new and used equipment, and related attachments that are sold to or used by a person engaged primarily in the harvesting of timber; (hhh) Prescriptive durable medical equipment, mobility enhancing equipment, prosthetic devices, and disposable medical equipment; (iii) Fire protection and emergency equipment to be owned by and exclusively used by a volunteer fire department, and supplies and materials to be used in the construction and maintenance of volunteer fire departments; (jjj) Electricity and natural gas to qualified steel, wall and floor tile manufacturers; (kkk) Certain new and used trucks to be engaged in interstate commerce; (111) Textbooks, library book and other instructional materials if purchased by State school districts or public schools or by the State for free distribution to State school districts or public schools; (mmm) Electricity used for the production of chlorine and other chemicals using a chlor-alkali manufacturing process; (mm) Livestock reproduction equipment and substances; (000) Tangible personal property, specified digital products, digital code, or services to a qualified museum or its contractor or agent if such property is to be used in the construction, repair, expansion, or operation of the qualified museum facility; (ppp) Natural gas and electricity in the manufacturing of tires; C-5 Page 471 of 594 (qqq) Thermal imaging equipment purchased by a county government for use by law enforcement aircraft; (rrr) During the first weekend in August of each year only, items of clothing costing less than $100, clothing accessories and equipment costing less than $50, school art supplies, school instructional materials and school supplies; (sss) Sale, lease or rental of kegs used to sell beer at wholesale by a wholesale manufacturer of beer; (ttt) Electricity, liquefied petroleum gas and natural gas used by grain drying and storage facilities, qualifying agricultural structures and qualifying aquaculture and horticulture equipment; (uuu) Dental appliances sold to or by dentists, orthodontists, oral surgeons, maxillofacial surgeons and endodontists; (yyy) A portion of the acquisition price of new manufactured homes and modular homes; (xxx) New and used mobile homes and used manufactured homes and modular homes; (yyy) Telephone instruments sent into the State for refurbishing or repair and then shipped back to the state of origin; (zzz) Industrial metal rollers sent into the State for refurbishing or repair and then shipped back to the state of origin; (aaaa) Repair parts and labor for pollution control machinery and equipment; (bbbb) Sales by commercial farmers of certain baling twine, net wrap, silage wrap and similar products; (cccc) Sales of utilities used by qualifying agricultural and horticultural equipment; (dddd) Sales of utilities used by grain drying and storage facilities; (eeee) Sales of a service providing for the electronic transmission of a drug prescription directly to a pharmacy, including without limitation services provided directly by an electronic prescription technology company or indirectly through a pharmacy software company or pharmacy management system; (ffff) Sales of aircraft within the State if the aircraft will be based outside of the State; (gggg) Sales of a washer -extractor required by State law to a fire department or intergovernmental council of a county; (hhhh) Sales of water used exclusively in the operation of a poultry farm; (iiii) Sales of coins or currency or bullion; (jjjj) Sales of new or used mortality composting devices to a person engaged in the commercial production of livestock or poultry; and (kkkk) Sales of (1) data center equipment; (2) eligible data center costs; (3) services purchased for the purpose of and in conjunction with developing, acquiring, constructing, expanding, renovating, refurbishing, and operating a qualified data center; and (4) electricity used by a qualified data center. Reference is made to "The Arkansas Gross Receipts Act of 1941," Title 26, Chapter 52 of the Arkansas Code of 1987 Annotated, for more information concerning the sales tax. Use Tax. The use tax portion of the Sales and Use Tax is levied on every person for the privilege of storing, using, distributing or consuming within the State any article of tangible personal property, specified digital product, digital code or taxable service purchased for storage, use, distribution, or consumption within the State. The use tax applies to the use, distribution, storage or consumption of every article of tangible personal property, specified digital product, digital code, or taxable service, except as hereinafter provided. The use tax is levied on the following described tangible personal property: (a) Property of motor carriers consisting of tractors, trailers, semitrailers, trucks, buses, and other rolling stock, including replacement tires, used directly in the transportation of persons or property in intrastate or interstate common carrier transportations; (b) Property (except fuel) of railroads consumed in the operation of railroad rolling stock; C-6 Page 472 of 594 (c) Pipelines, including transmission lines and pumping or pressure control equipment used directly in or connected to the primary pipeline facility engaged in intrastate or interstate common carrier transportation of property; (d) Property of airlines consisting of airplanes and navigation instruments used directly in or becoming a part of flight aircraft engaged in the transportation of persons or property in regular scheduled intrastate or interstate common carrier transportation; (e) Property of public telephone and telegraph companies consisting of exchange equipment, lines, boards, and all accessory devices used directly in and connected to the primary facility engaged in the transmission of messages; (f) Property of gas companies consisting of transmission and distribution pipelines and pumping or pressure control and equipment used in connection therewith used directly in a primary pipeline facility for the purpose of transporting and delivering natural gas; (g) Property of water companies consisting of transmission and distribution lines, pumping machinery and controls used in connection therewith and cleaning or treating equipment of a primary water distribution system; (h) Property of public electric power companies consisting of all machinery and equipment including reactor cores and related accessory devices used in the generation and production of electric power and energy, and transmission facilities consisting of the lines, including poles, towers, and other supporting structures, transmitting electric power and energy together with substations located on or attached to such lines; (i) Computer software and the service repairing or maintaining computer equipment or hardware in any form; (j) Tangible personal property, specified digital products, digital code, and services provided to financial institutions; and (k) Prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service. Exemptions from Use Tax. Some of the property and services exempted from the use tax by the General Assembly of the State is as follows: (a) Property or services, the storage, use, distribution, or consumption of which the State is prohibited from taxing under the Constitution or laws of the United States of America or the State; (b) Sales of tangible personal property, specified digital products, digital code, or services on which the sales tax under the Arkansas Gross Receipts Act of 1941 is levied; (c) Tangible personal property, specified digital products, digital code, and services specifically exempted from taxation under the Arkansas Gross Receipts Act of 1941; (d) Feedstuffs used in the commercial production of livestock or poultry in the State; (e) Unprocessed crude oil; (f) Machinery and equipment used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at manufacturing or processing plants or facilities in the State, including facilities and plants for manufacturing feed, processing of poultry and/or eggs and livestock and the hatching of poultry and such equipment is either (1) purchased to create or expand manufacturing or processing plants in the State, (2) purchased to replace existing machinery and used directly in producing, manufacturing, fabricating, assembling, processing, finishing or packaging of articles of commerce at manufacturing or processing plants in the State, or (3) required by State or federal laws, rules or regulations to be installed and utilized by manufacturing or processing plants to prevent or reduce air and/or water pollution or contamination; (g) Modular homes constructed with materials on which the sales or use tax has once been paid; (h) Aircraft, aircraft equipment, and railroad parts, cars, and equipment, and tangible personal property owned or leased by aircraft, airmotive, or railroad companies, brought into the State solely and exclusively for refurbishing, conversion, or modification within the State and not used or intended for use within the State; C-7 Page 473 of 594 (i) Aircraft, aircraft equipment, and railroad parts, cars, and equipment, and tangible personal property owned or leased by aircraft, airmotive, or railroad companies, brought into the State solely and exclusively for storage for use outside or inside the State; 0) Vessels, barges, and towboats of at least a fifty -ton load displacement and parts and labor used in the repair and construction of them; (k) Motor fuels sold to the owners or operators of motor buses operated on designated streets according to regular schedule, under municipal franchise, which are used for municipal transportation purposes; (1) Agricultural fertilizer, agricultural limestone and agricultural chemicals; (m) All new and used motor vehicles, trailers or semitrailers that are purchased for a total consideration of less than $4,000; (n) Any tangible personal property, specified digital products, digital code, or taxable services used, consumed, distributed, or stored in the State upon which a like tax, equal to or greater than the Arkansas Compensating (Use) Tax, has been paid in another state; (o) Dental appliances sold by or to dentists or certain other professionals; (p) Forms constructed of plaster, cardboard, fiberglass, natural fibers, synthetic fibers, or composites and which are destroyed or consumed during the manufacture of the item; (q) Natural gas used as fuel in the process of manufacturing glass; (r) Sales to the Community Service Clearinghouse, Inc. of Fort Smith; (s) Foodstuffs to nonprofit agencies; (t) Railroad rolling stock manufactured for use in transporting persons or property in interstate commerce; (u) Tangible personal property or services to a nonprofit blood donation organization; (v) Prescriptive durable medical equipment, mobility enhancing equipment, prosthetic devices, and disposable medical equipment; (w) Fire protection and emergency equipment to be owned by and exclusively used by a volunteer fire department, and supplies and materials to be used in the construction and maintenance of volunteer fire departments; (x) Electricity and natural gas to qualified steel and wall and floor tile manufacturers; (y) Certain new or used trucks to be engaged in interstate commerce; (z) Utilities used by qualifying agricultural or horticultural equipment; (aa) Utilities used by grain drying and storage facilities; (bb) Tangible personal property, specified digital products, digital code, or services to a qualified museum or its contractor or agent if such property is to be used in the construction, repair, expansion, or operation of the qualified museum facility; and (cc) Machinery and equipment purchased to modify, replace, or repair, either in whole or in part, existing machinery, equipment, molds or dies used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in the State, and services relating to the initial installation, alteration, addition, cleaning, refinishing, replacement, or repair of such machinery and equipment. Reference is made to "The Arkansas Compensation (Use) Tax Act of 1949," Title 26, Chapter 53 of the Arkansas Code of 1987 Annotated, for more information concerning the use tax. C-8 Page 474 of 594 [THIS PAGE INTENTIONALLY BLANK] Page 475 of 594 KUTAK ROCK LLP DRAFT 07/12/2024 CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (this "Disclosure Agreement") is executed and delivered by the City of Fayetteville, Arkansas (the "City") and Simmons Bank, Pine Bluff, Arkansas, as dissemination agent (the "Dissemination Agent"), in connection with the issuance of $15,000,000 City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds, Series 2024 (the "Bonds"). The Bonds are being issued pursuant to the terms and provisions of Ordinance No. duly approved by the City Council of the City on August _, 2024, and pursuant to the terms and provisions of a Trust Indenture dated as of August 1, 2019, as amended and supplemented by a First Supplemental Trust Indenture dated as of June 1, 2022, and by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee (the "Trustee"). In connection with the issuance and delivery of the Bonds, the City and the Dissemination Agent covenant and agree as follows: Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the City for the benefit of the Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with, and constitutes the written undertaking for the Beneficial Owners of the Bonds required by, SEC Rule 15c2-12(b)(5) (the "Rule"). The City is an "obligated person" within the meaning of the Rule. The Dissemination Agent shall have no liability with respect to the content of any disclosure provided hereunder, and shall be liable only to the City for sending notices hereunder. As required by the Rule, this Disclosure Agreement is enforceable by Beneficial Owners of the Bonds pursuant to Section 7 hereof. Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agreement, the following capitalized terms shall have the following meanings: "Annual Financial Information" means the financial information and operating data described in Exhibit I. "Annual Financial Information Disclosure" means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. "Audited Financial Statements" means the audited consolidated financial statements of the City, prepared pursuant to the standards and as described in Exhibit I. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. 4856-5035-0286.1 Page 476 of 594 "Business Day" means any day other than a Saturday or Sunday or a day on which banks in the State of Arkansas or in the state in which the Dissemination Agent is located are not open for business. "Commission" means the U.S. Securities and Exchange Commission. "Disclosure Representative" means the City's Finance Director, or his or her designee, or such other person as the City shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" means Simmons Bank, Pine Bluff, Arkansas, acting in its capacity as a dissemination agent hereunder, or any successor dissemination agent designated in writing by the City and which has filed with the Trustee a written acceptance of such designation. "EMMA " means the Electronic Municipal Market Access facility for municipal securities disclosure of the MSRB. "Exchange Act" means the Securities Exchange Act of 1934, as amended. "Financial Obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as a security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term Financial Obligation does not include municipal securities as to which a final official statement has been otherwise provided to the MSRB under the Rule. "Fiscal Year" means any period of twelve (12) consecutive months adopted by the City as its fiscal year for financial reporting purpose. The Fiscal Year of the City presently ends on December 31 of each year. "Listed Event" means the occurrence of any of the events with respect to the Bonds set forth in Exhibit II. "Listed Events Disclosure " means dissemination of a notice of a Listed Event as set forth in Section 5. "MSRB " shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 15B(b)(1) of the 1934 Act. "Participating Underwriter" means each broker, dealer or municipal securities dealer acting as an underwriter in any primary offering of the Bonds. "Prescribed Form " means, with regard to the filing of Annual Financial Information, Audited Financial Statements and notices of Listed Events with the MSRB at www.emma.msrb.org (or such other address or addresses as the MSRB may from time to time specify), such electronic format, accompanied by such identifying information, as shall have been prescribed by the MSRB and which shall be in effect on the date of filing of such information. 2 4856-5035-0286.1 Page 477 of 594 "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission ("SEC") under the Exchange Act, as modified by Rule 15c2-12(d)(2), as the same may be amended from time to time. "Sales and Use Tax" shall mean the one percent (1.00%) city-wide sales and use tax authorized under the Local Government Bond Act which has been levied within the City pursuant to Ordinance No. 6216 adopted by the City on December 18, 2018, the collection of which tax commenced as provided by State law, as approved by the voters of the City. "State" means the State of Arkansas. "Undertaking" means the obligations of the City pursuant to Sections 4 and 5. Section 3. CUSIP Number/Final Official Statement. The CUSIP Number of the final maturity of the Bonds is 312673 . The final Official Statement relating to the Bonds is dated September _, 2024 (the "Final Official Statement"). Section 4. Annual Financial Information Disclosure. Subject to Section 9 of this Disclosure Agreement, the City hereby covenants that it will disseminate, or will cause the Dissemination Agent to disseminate, the Annual Financial Information and the Audited Financial Statements (in the form and by the dates set forth below and in Exhibit I) by delivering such Annual Financial Information and the Audited Financial Statements to the MSRB within 180 days of the completion of the City's Fiscal Year. Such information shall be delivered or caused to be delivered in Prescribed Form and by such time so that such entity receives the information by the dates specified. Not later than five (5) Business Days prior to the date specified in the preceding paragraph for providing the Annual Financial Information Disclosure to the MSRB, the City shall provide such Annual Financial Information Disclosure to the Dissemination Agent. If by such date the Dissemination Agent has not received a copy of the applicable Annual Financial Information Disclosure, the Dissemination Agent shall contact the applicable Disclosure Representative to determine if the City is in compliance with the preceding paragraph of this Section 4. If the Dissemination Agent is unable to verify that the Annual Financial Information Disclosure has been provided to the MSRB by the date required in the preceding paragraph, the Dissemination Agent shall file a notice with the MSRB in substantially the form attached as Exhibit III hereto. Contemporaneously with the filing by the Dissemination Agent of any Annual Financial Information Disclosure with the MSRB, the Dissemination Agent shall give notice thereof to the City and the Trustee (if the Trustee is not the Dissemination Agent) certifying that such filing has been made and the date on which it was filed. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate or cause dissemination of a statement to such effect as part of its Annual Financial Information for the Fiscal Year in which such event first occurs. 3 4856-5035-0286.1 Page 478 of 594 If any amendment is made to this Disclosure Agreement, the Annual Financial Information for the Fiscal Year in which such amendment is made (or in any notice or supplement provided to the MSRB) shall contain a narrative description of the reasons for such amendment and its impact on the type of information being provided. Section 5. Listed Events Disclosure. Subject to Section 9 of this Disclosure Agreement, the City hereby covenants to disseminate or cause dissemination in a timely manner, not in excess of ten (10) Business Days after the occurrence of the event, of Listed Events Disclosure to the MSRB in Prescribed Form. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds need not be given under this Disclosure Agreement any earlier than the notice (if any) of such redemption is given to the owners of the Bonds pursuant to the Indenture. The City is required to deliver or cause delivery of such Listed Events Disclosure in the same manner as provided by Section 4 of this Disclosure Agreement. Section 6. Duty to Update EMMA/MSRB. The Dissemination Agent shall determine, in the manner it deems appropriate, whether there has occurred a change in the MSRB's e-mail address or filing procedures and requirements under EMMA each time it is required to file information with the MSRB. Section 7. Consequences of Failure of the City to Provide Information. In the event of a failure of the City to comply with any provision of this Disclosure Agreement, the Trustee may (and at the request of a Participating Underwriter or the Beneficial Owners of at least 25% in aggregate outstanding principal amount of the Bonds, and upon being indemnified to its satisfaction, shall) or the Beneficial Owner of any Bond may seek specific performance by court order to cause the City to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture or any other agreement, and the sole remedy under this Disclosure Agreement in the event of any failure of the City or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance. Section 8. Amendments; Waiver. Notwithstanding any other provision of this Disclosure Agreement, the City and the Dissemination Agent may amend this Disclosure Agreement, and any provision of this Disclosure Agreement may be waived, if- (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the City or the type of business it conducts; (ii) This Disclosure Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; (iii) The amendment or waiver does not materially impair the interests of the Beneficial Owners of the Bonds, as determined either by parties unaffiliated with the City (such as the Trustee) or by an approving vote of the Beneficial Owners of the Bonds holding a majority of the aggregate principal amount of the Bonds (excluding Bonds held 4 4856-5035-0286.1 Page 479 of 594 by or on behalf of the City) pursuant to the terms of the Indenture at the time of the amendment; or (iv) The amendment or waiver is otherwise permitted by the Rule. Section 9. Termination of Undertaking. The Undertaking of the City shall be terminated hereunder when the City shall no longer have any legal liability for any obligation on or relating to the repayment of the Bonds. The City shall give notice to the MSRB, or shall cause the Dissemination Agent to give notice, in a timely manner and in Prescribed Form if this Section is applicable. Section 10. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. A Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the City pursuant to this Disclosure Agreement and has no duty to review the contents thereof. If at any time there is not any other designated Dissemination Agent, the Trustee shall be the Dissemination Agent for the City. Section 11. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the City chooses to include any information from any document or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the City shall not have any obligation under this Disclosure Agreement to update such information or include it in any future disclosure or notice of the occurrence of a Listed Event. Section 12. Beneficiaries. This Disclosure Agreement has been executed in order to assist the Participating Underwriter in complying with the Rule; however, this Disclosure Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, the Trustee and the Beneficial Owners of the Bonds, and shall create no rights in any other person or entity. Section 13. Recordkeeping. The City and the Dissemination Agent shall maintain records of all Annual Financial Information Disclosure and Listed Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. Section 14. Past Compliance. The City is a party to multiple prior undertakings pursuant to the Rule. Except as set forth in the Final Official Statement for the Bonds under the caption "SUMMARY OF THE CONTINUING DISCLOSURE AGREEMENT," the City has, to the best of its knowledge, for the past five years, been in compliance in all material respects with the provisions in such undertakings requiring that it file certain financial information and financial statements and certain listed events with the MSRB. E 4856-5035-0286.1 Page 480 of 594 Section 15. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent (if other than the Trustee or the Trustee in its capacity as Dissemination Agent) shall have only such duties as are specifically set forth in this Disclosure Agreement, and the City agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any losses, expenses and liabilities which it may incur arising out of or in the exercise of performance of its powers and duties under this Disclosure Agreement, including the costs and expenses (including attorneys' fees and expenses) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or willful misconduct. Such indemnification obligation of the City shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 16. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 0 4856-5035-0286.1 Page 481 of 594 Section 17. Governing Law. This Disclosure Agreement shall be governed by and construed in accordance with the laws of the State, provided that to the extent this Disclosure Agreement addresses matters of federal securities laws, including the Rule, this Disclosure Agreement shall be construed in accordance with such federal securities laws and official interpretations thereof. Dated: October , 2024 CITY OF FAYETTEVILLE, ARKANSAS M. Mayor SIMMONS BANK, as Dissemination Agent By:_ Title: [SIGNATURE PAGE TO CONTINUING DISCLOSURE AGREEMENT] 4856-5035-0286.1 Page 482 of 594 EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS "Annual Financial Information" means receipts of the Sales and Use Tax for the latest Fiscal Year and for the four previous Fiscal Years. All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to the MSRB or filed with the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information will be provided to the MSRB within 180 days after the last day of the City's Fiscal Year, commencing with the Fiscal Year ending December 31, 2024. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, unaudited financial statements shall be included, and Audited Financial Statements will be provided to the MSRB within ten (10) Business Days after availability to the City. Audited Financial Statements will be prepared in accordance with generally accepted accounting principles in the United States as in effect from time to time, as such principles may be modified by mandatory statutory principles of the State of Arkansas, if any, as in effect from time to time. If any change is made to the Annual Financial Information as permitted by Section 4 of the Disclosure Agreement, including for this purpose a change made to the Fiscal Year-end of the City, the City will disseminate a notice to the MSRB of such change in Prescribed Form as required by such Section 4. I -I 4856-5035-0286.1 Page 483 of 594 EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH LISTED EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies; 2. Nonpayment -related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 7. Modifications to rights of security holders, if material; 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution or sale of property securing repayment of the securities, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the City; 13. The consummation of a merger, consolidation or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; . This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 4856-5035-0286.1 Page 484 of 594 15. Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and 16. Default, event of acceleration, termination event, modification of terms, or similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. II-2 4856-5035-0286.1 Page 485 of 594 EXHIBIT III NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of Fayetteville, Arkansas Name of Bond Issues: City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds, Series 2024 Name of Obligated Party: City of Fayetteville, Arkansas Date of Issuance: October _, 2024 NOTICE IS HEREBY GIVEN that the City of Fayetteville, Arkansas (the "Issuer") has not provided an Annual Report with respect to the above -named Bonds has not been provided as required by Section 4 of the Continuing Disclosure Agreement between the Issuer and the undersigned dated October _, 2024. The City anticipates that the Annual Report will be filed by , 20. Dated: , 20 SIMMONS BANK, Pine Bluff, Arkansas, as Dissemination Agent LE cc: City of Fayetteville Authorized Officer 4856-5035-0286.1 Page 486 of 594 KUTAK ROCK LLP DRAFT 07/29/2024 CITY OF FAYETTEVILLE, ARKANSAS to SIMMONS BANK as Trustee SECOND SUPPLEMENTAL TRUST INDENTURE Dated as of October 1, 2024 This Second Supplemental Trust Indenture supplements and amends a Trust Indenture dated as of August 1, 2019, as previously supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, each by and between the City of Fayetteville, Arkansas and Simmons Bank, as Trustee. The Trust Indenture, as supplemented and amended hereby, secures the City's (i) $124,425,000 original principal amount of Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A, (ii) $74,340,000 original principal amount of Sales and Use Tax Capital Improvement Bonds, Series 2022, and (iii) $15,000,000 original principal amount of Sales and Use Tax Capital Improvement Bonds, Series 2024. Prepared by: Kutak Rock LLP 124 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 4855-6967-0606.4 Page 487 of 594 SECOND SUPPLEMENTAL TRUST INDENTURE THIS SECOND SUPPLEMENTAL TRUST INDENTURE dated as of October 1, 2024, by and between the CITY OF FAYETTEVILLE, ARKANSAS (the "City"), a city of the first class organized under and existing by virtue of the laws of the State of Arkansas, and SIMMONS BANK, as trustee (the "Trustee"), a banking corporation organized under and existing by virtue of the laws of the State of Arkansas and having its principal corporate trust office in Pine Bluff, Arkansas; WITNESSETH: WHEREAS, the City Council of the City has previously determined that there is a great need for a source of revenue to finance all or a portion of the costs of (i) streets and related improvements (the "Streets Project"), (ii) trail system and related improvements (the "Trails Project"), (iii) drainage and related improvements (the "Drainage Project"); (iv) parks system and related improvements (the "Parks Project"); (v) economic development improvements (the "Economic Development Project"); (vi) City facilities and related improvements (the "City Facilities Project"); (vii) Arts Corridor and related improvements (the "Arts Corridor Project"); (viii) police facilities and related improvements (the "Police Facilities Project"); and (ix) firefighting facilities and related improvements (the "Firefighting Facilities Project"); and WHEREAS, the people of the State of Arkansas (the "State") by the adoption of Amendment No. 62 to the Constitution of the State, approved November 6, 1984 ("Amendment 62"), have authorized cities and counties in the State to issue bonds, upon voter approval, to finance certain capital improvements of a public nature, and to secure said bonds by a pledge of the proceeds of certain taxes; and WHEREAS, the provisions of Amendment 62 have been implemented by the Local Government Bond Act of 1985, codified as Arkansas Code Annotated (1998 Repl. & Supp. 2023) Sections 14-164-301 et seq. (as from time to time amended, the "Act"); and WHEREAS, pursuant to the provisions of Ordinance No. 6126, duly adopted by the City Council of the City on December 18, 2018 (the "Election Ordinance"), there was submitted to the qualified electors of the City ten questions regarding (i) the issuance of not to exceed $12,200,000 in principal amount of refunding bonds for the purpose of redeeming certain outstanding bonds (the "Prior Bonds"), and (ii) the issuance of an aggregate of not to exceed $213,865,000 in principal amount of capital improvement bonds for the purpose of financing various capital improvements (including the Streets Project, Trails Project, Drainage Project, Parks Project, City Facilities Project, Arts Corridor Project and Firefighting Facilities Project), said bonds to be secured by a pledge of and lien upon all of the receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the Act (the "Sales and Use Tax"); and WHEREAS, at a special election held April 9, 2019, a majority of the qualified electors of the City voting on each of the aforementioned questions approved the issuance of refunding bonds and capital improvement bonds in the principal amounts and for the specific purposes set 4855-6967-0606.4 Page 488 of 594 forth on the ballot (and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts thereof to the payment of said bonds); and WHEREAS, pursuant to the provisions of Ordinance No. 6194 of the City, adopted by the City Council on June 4, 2019, and in accordance with Amendment 62 and the Act, the City has previously issued (i) its $124,425,000 Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), and (ii) its $3,170,000 Sales and Use Tax Capital Improvement Bonds, Taxable Series 2019B (the "Series 2019B Bonds)," for the purpose of refunding the Prior Bonds and financing a portion of the costs of the projects described above; and WHEREAS, pursuant to the provisions of Ordinance No. 6563 of the City, adopted by the City Council on May 3, 2022, and in accordance with Amendment 62 and the Act, the City has also previously issued its $74,340,000 Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"), for the purpose of financing a portion of the costs of the projects described above; and WHEREAS, the Series 2019B Bonds have been paid in full; and WHEREAS, the City and the Trustee have entered into a Trust Indenture dated as of August 1, 2019, as previously amended and supplemented by a First Supplemental Trust Indenture dated as of June 1, 2022 (as amended and supplemented, the "Original Indenture"), pursuant to which the Series 2019 Bonds and Series 2022 Bonds were issued and secured; and WHEREAS, in order to secure additional funds to pay a portion of the costs of the Streets Project and Parks Project, and to pay legal and other expenses incidental to the issuance of sales and use tax capital improvement bonds for such purposes, it has been determined appropriate and necessary that the City authorize the issuance of its $15,000,000 Sales and Use Tax Capital Improvement Bonds, Series 2024 (the "Series 2024 Bonds"), pursuant to the provisions of Amendment 62 and the Act, such Series 2024 Bonds to be payable from and secured by a pledge of the receipts of the Sales and Use Tax (as defined in the Original Indenture) on a parity with the pledge of the receipts of the Sales and Use Tax securing the Series 2019 Bonds and Series 2022 Bonds; and WHEREAS, the conditions for the issuance of Additional Bonds, as set forth in the Original Indenture, have been satisfied; and WHEREAS, the Series 2024 Bonds are to be dated, bear interest, mature and be subject to redemption as hereinafter in this Second Supplemental Trust Indenture set forth in detail; and WHEREAS, the execution and delivery of this Second Supplemental Trust Indenture and the issuance of the Series 2024 Bonds have been in all respects duly and validly confirmed, authorized and approved by Ordinance No. adopted and approved by the City Council of the City on August _, 2024; and WHEREAS, all things necessary to make the Series 2024 Bonds, when authenticated by the Trustee and issued as in this Second Supplemental Trust Indenture provided, the valid, binding and legal obligations of the City according to the import thereof, and to constitute the 2 4855-6967-0606.4 Page 489 of 594 Indenture (as defined below) a valid pledge of the receipts of the Sales and Use Tax to the payment of the principal of, premium, if any, and interest on the Series 2019 Bonds, the Series 2022 Bonds, the Series 2024 Bonds and all Additional Bonds (as defined below), if any, to be issued on a parity therewith (the Series 2019 Bonds, the Series 2022 Bonds, the Series 2024 Bonds and such Additional Bonds are hereinafter referred to as the "Bonds"), have been done and performed, and the creation, execution and delivery of this Second Supplemental Trust Indenture and the creation, execution, issuance and delivery of the Series 2024 Bonds, subject to the terms hereof, have in all respects been duly authorized; and WHEREAS, in order to make proper provision for the security of the Series 2024 Bonds, it is necessary that the Original Indenture be amended and supplemented as effected hereby; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS SECOND SUPPLEMENTAL TRUST INDENTURE WITNESSETH: Section 1.01. It is understood and agreed that the provisions of the Original Indenture shall extend to and apply to the security and benefit of the Series 2024 Bonds and that the term "Bonds" as used in the Original Indenture is hereby recognized to include and shall be deemed to refer to (where applicable) the Series 2024 Bonds. Section 1.02. Section 101 of the Original Indenture is hereby amended by adding thereto the following definitions (and by striking any definitions which are supplanted by the definitions set forth below): "Additional Bonds" mean Bonds in addition to the Series 2019A Bonds, the Series 2019B Bonds, the Series 2022 Bonds and the Series 2024 Bonds which are issued under the provisions of Section 212 of this Indenture. "Authorizing Ordinance" means, collectively, (i) Ordinance No. 6194, adopted by the City on June 4, 2019, which authorized the issuance of the Series 2019 Bonds pursuant to this Indenture, (ii) Ordinance No. 6563, adopted by the City on May 3, 2022, which authorized the issuance of the Series 2022 Bonds pursuant to this Indenture, and (iii) Ordinance No. , adopted by the City on August , 2024, which authorized the issuance of the Series 2024 Bonds pursuant to this Indenture. "Bonds" mean the Series 2019A Bonds, the Series 2019B Bonds, the Series 2022 Bonds, the Series 2024 Bonds and all Additional Bonds issued by the City pursuant to this Indenture. Except to the extent provided in Section 209 hereof and except for refunding bonds issued under the provisions of Section 212 hereof, the aggregate principal amount of Bonds issued hereunder shall not exceed $226,065,000. "Indenture" means this Trust Indenture dated as of August 1, 2019, as amended and supplemented by a First Supplemental Trust Indenture dated as of June 1, 2022, and as amended and supplemented by a Second Supplemental Trust Indenture dated as of October 1, 2024, each by and between the City and the Trustee, pursuant to which the Bonds are issued, and any further amendments and supplements thereto. 3 4855-6967-0606.4 Page 490 of 594 "Series 2024 Bonds" means City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds, Series 2024, issued under and secured by this Indenture in the aggregate principal amount of $15,000,000. Section 2.01. Section 201(c) of the Original Indenture is hereby amended and supplemented to read as follows: "(c) The Bonds shall be equally and ratably payable and secured hereunder without priority by reason of date of adoption of this Indenture or any Supplemental Indenture authorizing their issuance or by reason of their series, number, date, date of issue, execution, authentication or sale, or otherwise. So long as any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, and for so long as any of the Series 2022 Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, and for so long as any of the Series 2024 Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds." Section 2.02. Section 202 of the Original Indenture is hereby amended and supplemented to read as follows: "Section 202. Authorized Amount. There is hereby authorized the issuance of bonds of the City to be designated "Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A" in the principal amount of One Hundred Twenty -Four Million Four Hundred Twenty -Five Thousand Dollars ($124,425,000) (the "Series 2019A Bonds"). There is hereby authorized the issuance of bonds of the City to be designated "Sales and Use Tax Capital Improvement Bonds, Series 201913" in the principal amount of Three Million One Hundred Seventy Thousand Dollars ($3,170,000) (the "Series 2019B Bonds"). There is hereby authorized the issuance of bonds of the City to be designated "Sales and Use Tax Capital Improvement Bonds, Series 2022" in the principal amount of Seventy -Four Million Three Hundred Forty Thousand Dollars ($74,340,000) (the "Series 2022 Bonds"). There is hereby authorized the issuance of bonds of the City to be designated "Sales and Use Tax Capital Improvement Bonds, Series 2024" in the principal amount of Fifteen Million Dollars ($15,000,000) (the "Series 2024 Bonds"). No Bonds may be issued under the provisions of this Indenture except in accordance with this Article II. The total principal amount of Bonds that may be issued hereunder is hereby expressly limited to $226,065,000, except as provided in Section 209 and except for refunding bonds issued under the provisions of Section 212 hereof. Following the issuance of the Series 2024 Bonds, no Additional Bonds may be issued for the purpose of financing Projects." Section 2.03. Article II of the Original Indenture is hereby amended by adding at the end thereof the following sections: 0 4855-6967-0606.4 Page 491 of 594 "Section 220. Details of Series 2024 Bonds. The Series 2024 Bonds (i) shall be designated "City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement Bonds, Series 2024," (ii) shall be in the aggregate principal amount of $15,000,000, (iii) shall be dated as of their date of delivery, (iv) shall bear interest from such date at the rates hereinafter provided until paid, payable semiannually on May 1 and November 1 of each year, commencing May 1, 2025, (v) shall be issued in denominations of $5,000 each, or any integral multiple thereof, (vi) shall be numbered from R24-1 upwards in order of issuance according to the records of the Trustee, and (vii) shall mature, unless sooner redeemed in the manner in this Indenture set forth, on November 1 in each of the years and in the amounts set forth in the following table, which table also sets forth the interest rates for the Series 2024 Bonds: Year (November 1) 2025 2026 2027 2028 2029 2030 2031 Principal Amount Interest Rate Section 221. Form of Series 2024 Bonds. The Series 2024 Bonds shall be initially issued as fully registered bonds, without coupons, in the form of (� typewritten bond certificates (one for each maturity) to be delivered to the Securities Depository. Each such certificate shall be initially registered in the name of the nominee of the Securities Depository, and no Beneficial Owner will receive a certificate representing his interest in the Series 2024 Bonds, except upon the occurrence of the events described in Section 216 of this Indenture. Beneficial Owners shall be deemed to have waived any right to receive a bond certificate except under the circumstances described in Section 216. The Series 2024 Bonds and the Trustee's certificate of authentication to be endorsed thereon shall be in substantially the form set forth in Exhibit A to the Second Supplemental Trust Indenture, with appropriate variations, insertions and omissions as permitted or required by this Indenture. Section 222. Delivery of Series 2024 Bonds. Simultaneously with the delivery of the Series 2024 Bonds, the Trustee shall apply the proceeds thereof as follows: (1) An amount equal to $ Project Account of the Project Fund; (2) An amount equal to $ Project Account of the Project Fund; and 9 shall be deposited in the Streets shall be deposited in the Parks 4855-6967-0606.4 Page 492 of 594 (3) The balance of said proceeds in the amount of $ shall be deposited in the Costs of Issuance Fund for payment of Costs of Issuance as directed by a Certificate of the City." Section 3.01. Article III of the Original Indenture is hereby amended by adding at the end thereof the following section: "Section 308. Redemption of Series 2024 Bonds. (a) The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Project Fund moneys in excess of the amount needed to complete the Streets Project or the Parks Project, which moneys shall be transferred to the Redemption Fund pursuant to Section 502 hereof. (b) The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Surplus Tax Receipts deposited in the Redemption Fund pursuant to Section 503 hereof. While any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. (c) The Series 2024 Bonds are subject to redemption with funds from any source, at the option of the City, communicated in a written notice to the Trustee not less than sixty (60) days prior to the date fixed for redemption, in whole or in part on any date on or after November 1, 2025, in such maturities as shall be selected by the City and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to the date of redemption. (d) The Series 2024 Bonds maturing on November 1, 20_ are subject to mandatory sinking fund redemption prior to maturity in part, on November 1 in the years and principal amounts set forth below at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption. Year Principal Amount 20 $ 20 20 20_ (maturity) n 4855-6967-0606.4 Page 493 of 594 At its option, to be exercised on or before the 45th day next preceding any mandatory sinking fund redemption date for any Series 2024 Bonds maturing November 1, 20_ (the "Term Bonds"), the City may deliver to the Trustee for cancellation Term Bonds of the appropriate maturity, or portions thereof ($5,000 or any integral multiple thereof), in any aggregate principal amount desired. Each such Term Bond, or portion thereof, so delivered or previously redeemed (otherwise than through mandatory sinking fund redemption) and cancelled by the Trustee shall be credited by the Trustee at 100% of the principal amount thereof on the obligation of the City with respect to each such Term Bond on such mandatory sinking fund redemption date, and any excess over such amount shall be credited on future mandatory sinking fund redemption obligations with respect to such Term Bond in chronological order, and the principal amount of the corresponding Term Bonds so to be redeemed shall be accordingly reduced." Section 4.01. Section 501(a)(i) of the Original Indenture is hereby amended and restated to read as follows: "(a) There are hereby created and established the following Funds and Accounts: (i) Project Fund, and a Streets Project Account (with a Series 2019A Subaccount, a Series 2022 Subaccount and a Series 2024 Subaccount therein), a Trails Project Account (with a Series 2019A Subaccount and a Series 2022 Subaccount therein), a Drainage Project Account (with a Series 2019A Subaccount and a Series 2022 Subaccount therein), a Parks Project Account (with a Series 2019A Subaccount, a Series 2022 Subaccount and a Series 2024 Subaccount therein), a City Facilities Project Account (with a Series 2019A Subaccount and a Series 2022 Subaccount therein), an Arts Corridor Project Account (with a Series 2019A Subaccount and a Series 2022 Subaccount therein), a Police Facilities Project Account, a Firefighting Facilities Project Account (with a Series 2019A Subaccount and a Series 2022 Subaccount therein) and an Economic Development Project Account therein;" Section 4.02. Section 503(b) of the Original Indenture is hereby amended and restated to read as follows: "(b) Upon receipt, but in no event later than the last day of each month in which receipts of the Sales and Use Tax are deposited in the Revenue Fund, commencing no later than August 31, 2019, there shall be transferred from the Revenue Fund, in the following order, the amounts set forth below: FIRST: For deposit to the Interest Account of the Bond Fund, an amount equal to one -sixth (1/6) of the interest on the Outstanding Bonds due on the next interest payment date; provided, however, (i) with respect to the deposits to be made to the Interest Account relating to the Series 2019 Bonds during the months of August, 2019 through April, 2020, such deposits shall be in an amount equal to one -ninth (1/9) of the interest due on the Series 2019 Bonds on May 1, 2020, (ii) with respect to the deposits to be made to the Interest Account relating to the Series 2022 Bonds during the months of July, 2022 through October, 2022, 7 4855-6967-0606.4 Page 494 of 594 such deposits shall be in an amount equal to one-fourth (1/4) of the interest due on the Series 2022 Bonds on November 1, 2022, and (iii) with respect to the deposits to be made to the Interest Account relating to the Series 2024 Bonds during the months of October, 2024 through April, 2025, such deposits shall be in an amount equal to one -seventh (1/7) of the interest due on the Series 2024 Bonds on May 1, 2025; SECOND: For deposit to the Principal Account of the Bond Fund, an amount equal to one -twelfth (1/12) of the next scheduled principal maturity of Outstanding Bonds (including mandatory sinking fund redemptions); provided, however, (i) with respect to the Series 2019 Bonds, such deposits shall not commence until November 2019, (ii) with respect to the Series 2022 Bonds, such deposits during the months of July, 2022 through October, 2022, shall be in an amount equal to one-fourth (1/4) of the principal due on the Series 2022 Bonds on November 1, 2022, and (iii) with respect to the Series 2024 Bonds, such deposits during the months of October, 2024 through October, 2025, shall be in an amount equal to one -thirteenth (1/13) of the principal due on the Series 2024 Bonds on November 1, 2025; THIRD: For deposit to the Rebate Fund, an amount sufficient to satisfy the City's obligations under Section 507 hereof, FOURTH: For payment to the Trustee and Paying Agent, the amount, if any, necessary to pay or reimburse the Trustee and Paying Agent for fees and expenses related to the Bonds; and FIFTH: All remaining moneys ("Surplus Tax Receipts") will be transferred to the Redemption Fund and shall be applied to call Bonds for redemption prior to maturity as provided in Section 301(c), 307(b), 308(b) and Section 506 of the Indenture." Section 4.03. Section 505 of the Original Indenture is hereby amended and supplemented to read as follows: "Section 505. Cost of Issuance Fund. There shall be deposited to the credit of the Cost of Issuance Fund all moneys received for said Fund pursuant to Section 208, Section 219 and Section 222 hereof. The Trustee shall pay those Costs of Issuance as directed by the City pursuant to a Certificate delivered on a Closing Date. After all Costs of Issuance have been paid (and in any event not later than December 1, 2019 with respect to the Series 2019 Bonds, October 1, 2022 with respect to the Series 2022 Bonds, and February 1, 2025 with respect to the Series 2024 Bonds), any remaining moneys in the Cost of Issuance Fund shall be transferred to the Interest Account of the Bond Fund." Section 4.04. Section 506 of the Original Indenture is hereby amended and supplemented to read as follows: 4855-6967-0606.4 Page 495 of 594 "Section 506. Redemption Fund. (a) There shall be deposited to the credit of the Redemption Fund all moneys required to be transferred thereto pursuant to Section 502 and Section 503 of this Indenture. (b) Moneys credited to the Redemption Fund shall be expended only as set forth in this Section 506. (c) Moneys in the Redemption Fund shall be transferred to the Principal Account of the Bond Fund at such times as may be necessary to effectuate, on the first available date, redemptions of Bonds required by Section 301(a) and (b), Section 307(a) and (b) and Section 308(a) and (b) of this Indenture. While any of the Series 2019A Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. (d) The amounts accumulated in the Redemption Fund, if so directed by the City by means of a Certificate delivered to the Trustee, shall be applied by the Trustee to the purchase of Bonds of the maturities which would otherwise be redeemed pursuant to Section 301(a) and (b), Section 307(a) and (b), Section 308(a) and (b) and this Section 506 but for the provisions of this subsection (d), at prices directed by the City not exceeding the applicable redemption prices of the Bonds which would be redeemed but for the operation of this sentence. Interest accrued on the Bonds so purchased shall be paid from moneys credited to the Interest Account of the Bond Fund." Section 5.01. Section 902(a) of the Original Indenture is hereby amended and supplemented to read as follows: "(a) Subject to subsection (b) of this Section 902, the City shall, from moneys lawfully available therefor, pay to the Trustee and any Paying Agent reasonable compensation for all services performed hereunder and also all reasonable expenses, charges and other disbursements and those of their attorneys, agents and employees incurred in and about the administration and execution of the trusts hereby created and the performance of the powers and duties hereunder and, to the extent permitted by law and from moneys lawfully available therefor, shall indemnify and save the Trustee harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder. With respect to the Series 2019A Bonds, the Trustee's initial authentication fee shall be $13,500 and the administration fee of the Trustee shall be $10,000 annually, with an additional $500 annual fee for each Account within the Project Fund relating to a Project financed with proceeds of the Series 2019A Bonds prior to the final Completion Date with respect to any such Project. With respect to the Series 2019B Bonds, the Trustee's initial authentication fee shall be $2,000 and the 0 4855-6967-0606.4 Page 496 of 594 administration fee of the Trustee shall be $1,500 annually, with an additional $500 annual fee prior to the final Completion Date with respect to the Economic Development Project. With respect to the Series 2022 Bonds, the Trustee's initial authentication fee shall be $7,500 and the administration fee of the Trustee shall be $6,000 annually, with an additional $500 annual fee for each Account within the Project Fund relating to a Project financed with proceeds of the Series 2022 Bonds prior to the final Completion Date with respect to any such Project. With respect to the Series 2024 Bonds, the Trustee's initial authentication fee shall be $ and the administration fee of the Trustee shall be $ annually, with an additional $500 annual fee for each Account within the Project Fund relating to a Project financed with proceeds of the Series 2024 Bonds prior to the final Completion Date with respect to any such Project. In addition, the Trustee shall charge a fee for its services as dissemination agent of $100 for each separate posting made to the Electronic Municipal Market Access (EMMA) system maintained by the Municipal Securities Rulemaking Board. If the City shall fail to make any payment required by this subsection (a), the Trustee may make such payment from any moneys in its possession under the provisions of this Indenture and shall be entitled to a preference therefor over any of the Bonds Outstanding hereunder. The City shall not be required to indemnify the Trustee against any liabilities which the Trustee may incur as a result of negligent or wrongful acts or omissions of the Trustee." Section 6.01. Severability. (a) If any provisions of this Second Supplemental Trust Indenture shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. (b) The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Second Supplemental Trust Indenture contained shall not affect the remaining portions of this Second Supplemental Trust Indenture or any part thereof. Section 6.02. Applicable Provisions of Law. This Second Supplemental Trust Indenture shall be considered to have been executed in the State of Arkansas and it is the intention of the parties that the substantive law of the State of Arkansas govern as to all questions of interpretation, validity and effect. Section 6.03. Counterparts. This Second Supplemental Trust Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.04. Ratification of Original Indenture. As supplemented and amended hereby, the Original Indenture is hereby ratified and confirmed. 10 4855-6967-0606.4 Page 497 of 594 IN WITNESS WHEREOF, the City has caused these presents to be signed in its name and behalf by its Mayor and attested by its City Clerk, and to evidence its acceptance of the trust hereby created, the Trustee has caused these presents to be signed in its behalf by its duly authorized officers. ATTEST: City Clerk ATTEST: By:_ Title: CITY OF FAYETTEVILLE, ARKANSAS Mayor SIMMONS BANK as Trustee By:_ Title: [SIGNATURE PAGE TO SECOND SUPPLEMENTAL TRUST INDENTURE] 4855-6967-0606.4 Page 498 of 594 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) Before me a Notary Public, duly commissioned, qualified and acting within and for the State and county aforesaid, appeared in person the within named Lioneld Jordan and Kara Paxton, Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of the City, and further stated and acknowledged that they had signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2024. Notary Public My Commission expires: (SEAL) [ACKNOWLEDGEMENT TO SECOND SUPPLEMENTAL TRUST INDENTURE] 4855-6967-0606.4 Page 499 of 594 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF JEFFERSON ) Before me a Notary Public, duly commissioned, qualified and acting within and for the State and county aforesaid, appeared in person the within named and , the and the , respectively, of Simmons Bank, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of the bank, and further stated and acknowledged that they had signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 92024. My Commission expires: (SEAL) Notary Public [ACKNOWLEDGEMENT TO SECOND SUPPLEMENTAL TRUST INDENTURE] 4855-6967-0606.4 Page 500 of 594 EXHIBIT A TO SECOND SUPPLEMENTAL TRUST INDENTURE Form of Series 2024 Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC'), to the City or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by the authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. R24- REGISTERED UNITED STATES OF AMERICA STATE OF ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS SALES AND USE TAX CAPITAL IMPROVEMENT BOND SERIES 2024 Interest Rate: % Date of Bond: October , 2024 Registered Owner: CEDE & CO. Principal Amount: KNOW ALL MEN BY THESE PRESENTS: Maturity Date: November 1, 20 CUSIP: 312673 DOLLARS That the City of Fayetteville, Arkansas, a municipality and political subdivision organized and existing by virtue of the laws of the State of Arkansas (the "City"), for value received, promises to pay to the Registered Owner shown above, or registered assigns, on the Maturity Date shown above, but solely from the source and in the manner hereinafter set forth, the Principal Amount shown above, and in like manner to pay interest on said amount from the date hereof until payment of such Principal Amount has been made or duly provided for, at the Interest Rate per annum shown above, such interest to be payable semiannually on May 1 and November 1 of each year, commencing May 1, 2025, except as the provisions hereinafter set forth with respect to redemption of this bond prior to maturity may become applicable hereto. The principal of and premium, if any, on this bond are payable in lawful money of the United States of America upon the presentation and surrender hereof at the principal corporate trust office of Simmons Bank, Pine Bluff, Arkansas, or its successor or successors, as trustee (the "Trustee"). So long as Cede & Co. or another nominee of DTC is the registered owner of this bond, payment of interest hereon shall be made by wire transfer of immediately available funds by the Trustee to the Registered Owner as of the fifteenth day of the calendar month preceding the calendar month in which such interest payment date shall fall (the "Record Date"). At any time thereafter, payment of interest hereon shall be made by check or draft of the Trustee to the Registered Owner as of the applicable Record Date, at the owner's address as it appears on the bond registration books of the City kept by the Trustee. A-1 4855-6967-0606.4 Page 501 of 594 This bond, designated "Sales and Use Tax Capital Improvement Bond, Series 2024", is one of a series of bonds aggregating Fifteen Million Dollars ($15,000,000) (the "Series 2024 Bonds"). The Series 2024 Bonds are being issued in part for the purpose of financing all or a portion of the costs of (i) streets and related improvements (the "Streets Project") and (ii) parks system and related improvements (the "Parks Project," and together with the Streets Project, the "Projects"). Series 2024 Bond proceeds will be utilized to pay Project costs and to pay the costs of issuance of the Series 2024 Bonds. The Series 2024 Bonds are issued under and are secured by and entitled to the protection of a Trust Indenture dated as of August 1, 2019, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2022, and as supplemented and amended by a Second Supplemental Trust Indenture dated as of October 1, 2024 (as supplemented and amended, the "Indenture"), each by and between the City and the Trustee, which Indenture is available for inspection at the principal corporate trust office of the Trustee. Reference is hereby made to the Indenture and to all indentures supplemental thereto for the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the Trustee and the owners of the Series 2024 Bonds, and the terms upon which the Series 2024 Bonds are issued and secured. The Series 2024 Bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas, including particularly Amendment No. 62 to the Constitution of Arkansas, as implemented by the Local Government Bond Act of 1985, codified as Arkansas Code Annotated (1998 Repl. & Supp. 2023) §§14-164-301 et seq. (as from time to time amended, the "Local Government Bond Act"), Ordinance No. of the City adopted August , 2024, which ordinance authorized the execution and delivery of the Second Supplemental Trust Indenture, and a special election duly held on April 9, 2019, at which a majority of the qualified electors of the City voting approved the issuance of the Series 2024 Bonds. In accordance with the Local Government Bond Act, the City has pledged all receipts from a one percent (1.00%) local sales and use tax (the "Sales and Use Tax") levied by the City pursuant to Ordinance No. 6126, adopted by the City on December 18, 2018, to provide funds for the repayment of the Series 2024 Bonds. The pledge of the receipts of the Sales and Use Tax (collectively, the "Tax Receipts") presently secures payment of the Series 2024 Bonds and (i) the City's $124,425,000 original principal amount of Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (the "Series 2019A Bonds"), and (ii) the City's $74,340,000 original principal amount of Sales and Use Tax Capital Improvement Bonds, Series 2022 (the "Series 2022 Bonds"). The Indenture provides that the City may hereafter from time to time issue Additional Bonds for the purpose of refunding all or any portion of the outstanding Series 2019A Bonds, Series 2022 Bonds or Series 2024 Bonds under certain terms and conditions contained in the Indenture and, if issued or incurred, such Additional Bonds will rank on a parity of security with the unrefunded portion of the Series 2019A Bonds, Series 2022 Bonds and Series 2024 Bonds and be equally and ratably secured by and entitled to the protection of the Indenture. A-2 4855-6967-0606.4 Page 502 of 594 The Series 2024 Bonds are not general obligations of the City, but are special obligations secured by an irrevocable pledge of and lien on the Tax Receipts, as more particularly described in the Indenture. In no event shall the Series 2024 Bonds constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. The holder of this Series 2024 Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture, or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. In certain events, on the conditions, in the manner and with the effect set forth in the Indenture, the principal of all the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds and Additional Bonds, if any, issued under the Indenture and then outstanding may be declared and may become due and payable before the stated maturity thereof, together with accrued interest thereon. Modifications or alterations of the Indenture, or of any indenture supplemental thereto, may be made only to the extent and in the circumstances permitted by the Indenture. The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Project Fund moneys in excess of the amount needed to complete the Streets Project or the Parks Project. The Series 2024 Bonds shall be redeemed prior to maturity, in whole or in part, on any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus accrued interest to the date of redemption, from Surplus Tax Receipts. "Surplus Tax Receipts" are Tax Receipts in excess of the amount necessary to ensure the prompt payment of scheduled debt service on the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds and Additional Bonds, (ii) pay any arbitrage rebate due under Section 148(f) of the Internal Revenue Code of 1986, as amended, with respect to the Series 2019A Bonds, Series 2022 Bonds, Series 2024 Bonds or any Additional Bonds, and (iii) pay Trustee and Paying Agent fees and expenses. While any of the Series 2019A Bonds remain Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2019A Bonds. Following payment in whole of the Series 2019A Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2022 Bonds. Following payment in whole of the Series 2019A Bonds and the Series 2022 Bonds at maturity or upon redemption prior to maturity, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2024 Bonds. The Series 2024 Bonds are subject to redemption with funds from any source, at the option of the City, communicated in a written notice to the Trustee not less than sixty (60) days prior to the date fixed for redemption, in whole or in part on any date on or after November 1, 2025, in such maturities as shall be selected by the City and by lot in such manner as the Trustee shall determine within a maturity, at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to the date of redemption. A-3 4855-6967-0606.4 Page 503 of 594 The Series 2024 Bonds maturing on November 1, 20 , are subject to mandatory sinking fund redemption prior to maturity in part, on November 1 in the years and amounts set forth below at a redemption price equal to the principal amount thereof plus accrued interest to the date of redemption, without premium; Year Principal Amount 20 $ 20 $ 20 $ 20 $ 20_ (maturity) $ At its option, to be exercised on or before the 45th day next preceding any mandatory sinking fund redemption date for any Series 2024 Bonds, the City may deliver to the Trustee for cancellation Series 2024 Bonds of the appropriate maturity, or portions thereof ($5,000 or any integral multiple thereof), in any aggregate principal amount desired. Each such Series 2024 Bond, or portion thereof, so delivered or previously redeemed (otherwise than through mandatory sinking fund redemption) and canceled by the Trustee shall be credited by the Trustee at 100% of the principal amount thereof on the obligation of the City on such mandatory sinking fund redemption date, and any excess over such amount shall be credited on future mandatory sinking fund redemption obligations of that maturity in chronological order, and the principal amount of such Series 2024 Bonds so to be redeemed shall be accordingly reduced. Notwithstanding the foregoing, so long as DTC or its nominee is the sole registered owner of the Series 2024 Bonds, the particular Series 2024 Bonds or portions thereof to be redeemed in part within a maturity shall be selected by lot by DTC in such manner as DTC shall determine. In selecting Series 2024 Bonds for redemption prior to maturity, in the case any outstanding Series 2024 Bond is in a denomination greater than $5,000, each $5,000 of face value of such Series 2024 Bond shall be treated as a separate Series 2024 Bond of the denomination of $5,000. In the event any of the Series 2024 Bonds or portions thereof (which shall be $5,000 or any integral multiple thereof) are called for redemption, notice thereof shall be given by the Trustee by first class mail to the registered owner of each such Series 2024 Bond addressed to such registered owner at his registered address and placed in the mails not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption; provided, however, that failure to give such notice by mailing, or any defect therein, shall not affect the validity of the proceedings for the redemption of any Series 2024 Bond with respect to which no such failure or defect has occurred. Each notice shall identify the Series 2024 Bonds or portions thereof being called, and the date on which they shall be presented for payment. After the date specified in such call notice, the Series 2024 Bond or Bonds so called for redemption will cease to bear interest provided funds sufficient for their redemption have been deposited with the Trustee, and, except for the purpose of payment, shall no longer be protected by the Indenture and shall not be deemed to be outstanding under the provisions of the Indenture. This Series 2024 Bond may be transferred on the books of registration kept by the Trustee by the registered owner or by his duly authorized attorney upon surrender hereof, 4855-6967-0606.4 Page 504 of 594 together with a written instrument of transfer duly executed by the registered owner or his duly authorized attorney. The Series 2024 Bonds are issuable as registered bonds without coupons in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and upon payment of the charges provided in the Indenture, Series 2024 Bonds may be exchanged for a like aggregate principal amount of Series 2024 Bonds of other authorized denominations. No recourse shall be had for the payment of the principal of or premium, if any, or interest on any of the Series 2024 Bonds or for any claim based thereon or upon any obligation, covenant or agreement contained in the Series 2024 Bonds or the Indenture against any past, present or future City Council member, officer or employee of the City, or any successor, as such, either directly or through the City or any successor of the City, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such City Council member, officer or employee as such is hereby expressly waived and released as a condition of and consideration for the issuance of any of the Series 2024 Bonds. This Series 2024 Bond is issued with the intent that the laws of the State of Arkansas will govern its construction. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the Series 2024 Bonds do exist, have happened and have been performed in due time, form and manner as required by law; that the indebtedness represented by the Series 2024 Bonds, together with all obligations of the City, does not exceed any constitutional or statutory limitation; and that the revenues pledged to the payment of the principal of and premium, if any, and interest on the Series 2024 Bonds as the same become due and payable will be sufficient in amount for that purpose. This Series 2024 Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Indenture until the Certificate of Authentication hereon shall have been signed by the Trustee. A-5 4855-6967-0606.4 Page 505 of 594 IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has caused this Series 2024 Bond to be executed by its Mayor and City Clerk, thereunto duly authorized (by their manual or facsimile signatures), and its corporate seal to be affixed or imprinted hereon, all as of the date hereof shown above. ATTEST: By: City Clerk (SEAL) CITY OF FAYETTEVILLE, ARKANSAS am Mayor (Form of Trustee's Certificate) TRUSTEE'S CERTIFICATE OF AUTHENTICATION This bond is one of the Series 2024 Bonds of the issue described in and issued under the provisions of the within mentioned Indenture. Attached hereto is the complete text of the opinion of Kutak Rock LLP, a signed original of which is on file with the undersigned, delivered and dated the date of the original delivery of and payment for the Series 2024 Bonds. Date: SIMMONS BANK, as Trustee Authorized Signature M. 4855-6967-0606.4 Page 506 of 594 (Form of Assignment) ASSIGNMENT FOR VALUE RECEIVED, , hereby sells, assigns, and transfers unto , the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints as attorney to transfer the within Bond on the books kept for registration thereof with full power of substitution in the premises. DATE: , 20 . Transferor GUARANTEED BY: NOTICE: Signature(s) must be guaranteed by an institution satisfactory to the Trustee or other transfer agent. A-7 4855-6967-0606.4 Page 507 of 594 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-388 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.01, 166.02, and 169.03. The proposed code changes would modify development process requirements. (Originally heard with ADM-2024-0036) RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending §166.01 Development Categories, 166.02, Development Review Process, 169.03, Review and/or Permits Required, Exceptions, as described in the attached Exhibit 'A'. BACKGROUND: In 2021, major ordinance changes were approved by City Council to revamp drainage and development standards, with a secondary goal of incentivizing infill. The changes that were approved required new green stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from a question of use and tied those requirements instead to the overall impact to stormwater. This introduced three new levels of development threshold and shifted the requirement of a large-scale development plan or a site improvement plan to be triggered only after the addition of 10,000 square feet of added, new impervious surface. In the intervening period since 2021, staff audited the outcomes of these changes, and identified four main areas that require revision and clarification. Those areas for study, and their current status, are listed below. Parkland Dedication o Certain project types were no longer subject to parkland dedication, even though the impact of added units is significant. o Proposed ordinance changes were already evaluated, reviewed, and approved by City Council on May 21, 2024. Timeliness of Variances and Appeals o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This becomes an issue when certain development types are no longer subject to large-scale development or site improvement plan. o Proposed ordinance changes were already evaluated, reviewed, and approved by City Council on July 16, 2024. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 508 of 594 Application of Tree Preservation standards o Certain projects are no longer subject to tree preservation requirements. o Proposed ordinance changes to tree preservation requirements were heard by City Council on July 16, 2024, which would require an abbreviated tree preservation plan for projects adding between 1,201 and 6,000 square feet of impervious surface. An option for escrow is also permitted to be considered. The item was left on the first reading for additional consideration. Project Classification o Projects with less than 10,000 square feet of impervious surface still often require a coordinated, cross -divisional round of review/comment leading to delays unforeseen issues at permitting. Staff and the Planning Commission are recommending changes to this ordinance with this item, and they are described below. DISCUSSION: The amendment presented with this application is to the overarching project classification requirements. These changes were submitted by staff to the Planning Commission's Long -Range Planning Committee for their March 21, 2024 meeting as part of a larger set of proposed ordinance amendments (summarized above). The Committee again considered the amendments at their April meeting before forwarding the proposal to the May 13, 2024 Planning Commission. At this public hearing, the Planning Commission tabled the item indefinitely and referred it again to the Long -Range Planning Committee. From there, the Commission forwarded individual elements once consensus was reached on language and impact, with the specific proposed changes to project classifications advanced on June 20, 2024, which includes: Reclassification of a large-scale development, large site improvement plan, and small site improvement plan to be tied to the amount of development and/or redevelopment of impervious surface area being proposed, rather than being tied solely to the addition of new impervious surface. The intent of this change is for this development or redevelopment area to be considered as the overall limits of construction for a proposal and is not intended to be triggered by interior remodels or renovations that do not propose or require any additional exterior work. Requiring a concept plan when a project proposes to develop and/or redevelop greater than total 6,000 square feet and less than 10,000 square feet of impervious surface area. Clarifying that grading permits are required when a project is developing and/or redeveloping more than 10,000 square feet of impervious surface area. Staff is also incorporating text clean-up with this proposal, including clarification about public meeting and hearing requirements for certain project types (large-scale developments and planned zoning districts, in particular). At the July 22, 2024 Planning Commission meeting, Commissioners voted 8-0-0 to forward the proposed ordinance changes to the City Council with a recommendation of approval. Commissioner Gulley made the motion, which was seconded by Commissioner Werner. Conversation centered around clarifying the requirements for a concept plan, and responding to public comment about how the proposed changes could disincentivize infill. Staff clarified that concept plans would be triggered if a development proposed more than 6,000 square feet of development or redevelopment of impervious surface, that the concept plan process is strictly limited to comments from staff and franchise utilities, and are not subject to any form of approval, conditional or otherwise. Commissioners found and staff affirmed that these changes would not likely add to the overall timeline of a project, since many projects are not currently receiving a coordinated round of review ahead of time which has resulted in delays. While there were concerns that the changes may require additional projects to go through a public hearing or site improvement plan process, staff clarified that the workload Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 509 of 594 already exists for staff since reviews are being completed through the permitting process, which are seeing increasing delays in issuance due to lack of coordination. Staff also clarified that the intent of the ordinance is only meant to affect a specific project area, and that drainage criteria are still evaluated and only triggered with any added impervious surface to a site. Public comment: One member of the public spoke at the meeting with concerns about the effects of proposed changes on infill with regards to the proposed development thresholds and how impervious surface is calculated. The member of the public was also concerned that these changes were coming about due to neighborhood complaints about construction in nearby areas, and had concerns that this would undermine the voices who contributed to City Plan 2040. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Proposed Ordinance - Exhibit A (#3), Proposed Ordinance Amendment in Strikeout/Highlight (#5), Planning Commission Staff Report (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 510 of 594 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-388 Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.01, 166.02, and 169.03. The proposed code changes would modify development process requirements. (Originally heard with ADM-2024-0036) AN ORDINANCE TO AMEND § 166.01 DEVELOPMENT CATEGORIES, § 166.02 DEVELOPMENT REVIEW PROCESS AND § 169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS OF THE FAYETTEVILLE CITY CODE TO ADDRESS DEVELOPMENT CLASSIFICATIONS, CONCEPT PLAN REQUIREMENTS, AND GRADING PERMIT REQUIREMENTS WHEREAS, the City Council of the City of Fayetteville, Arkansas approved major ordinance changes in 2021 to revamp the drainage and development standards and incentivize infill; and WHEREAS, City staff monitored the outcomes of these ordinance changes and identified provisions of the Fayetteville City Code which required revision and clarification based on their observation; and WHEREAS, City staff proposed amendments to § 166.01, § 166.02 and § 169.03 of the Fayetteville City Code which would reclassify large-scale developments, large site improvement plans, and small site improvement plans to be tied to the amount of development or redevelopment of impervious surface area, rather than new impervious surface area, to require concept plans when a project proposes to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of impervious surface area, and to clarify that grading permits are required when a project is developing or redeveloping more than 10,000 square feet of impervious surface area; and WHEREAS, the Planning Commission voted unanimously to recommend approval of these changes to 166.01, 166.02 and 169.03 at its meeting held on July 22, 2024. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(1) and enacts the following replacement language: "(C)(1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to a development and/or redevelopment Page 1 Page 511 of 594 Ordinance: File Number: 2024-388 area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than 10,000 square feet of impervious surface; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious area or a development on a site in a zoning district subject to administrative approval." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(3) and enacts the following replacement language: "(C)(3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size and proposes a development and/or redevelopment area of more than 10,000 square feet of impervious surface. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) A development and/or redevelopment area of more than 10,000 square feet of impervious surface on site of less than 1 acre within any zoning district. (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and shall be submitted in accordance with the requirements of § 166.02(E) and § 166.15." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(4) and enacts the following replacement language: "(C)(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. Developments below or above this threshold, or in the city's planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to submitting a fully engineered development plan for review." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(B) and enacts the following replacement language: Page 2 Page 512 of 594 Ordinance: File Number: 2024-388 "(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district with or without concurrent development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). No approval is necessary for concept plans. (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with concurrent development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Large scale development forwarded by the Subdivision Committee, preliminary plat, concurrent plat, and planned zoning district with or without concurrent development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.02(C)(1) by inserting the following language at the end of the subsection: "Concept plans are not subject to approval or denial." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(E)(2) and enacts the following replacement language: "(E)(2) In addition to § 166.02(E), before a building permit is issued for site that develops and/or redevelops between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03(B)(2) and enacts the following replacement language: "(13)(2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface;" Page 3 Page 513 of 594 Ordinance: File Number: 2024-388 Page 4 Page 514 of 594 City of Fayetteville Staff Review Form 2024-388 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 8/2/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.01, 166.02, and 169.03. The proposed code changes would modify development process requirements. (Originally heard with ADM-2024-0036). Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Page 515 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to a development and/or redevelopment area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than 10,000 square feet of impervious surface; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious area or a development on a site in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 1 of 2 Page 516 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in sizeand proposes a development and/or redevelopment area of more than 10,000 square feet of impervious surface. . (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) A development and/or redevelopment area of more than 10,000 square feet of impervious surface on site of less than 1 acre within any zoning district. (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. Developments below or above this threshold, or in the city's planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to submitting a fully engineered development plan for review. . (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 2 Page 517 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district with or without concurrent development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). No approval is necessary for concept plans. (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with concurrent development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments.. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Large scale development forwarded by the Subdivision Committee, preliminary plat, concurrent plat, and planned zoning district with or without concurrent development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-25 14:55:08 [EST] Page 1 of 5 Page 518 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 5 Page 519 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that develops and/or redevelops between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 3 of 5 Page 520 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 Level 1 < or = 1,200 sf of IA Exempt from Grading and Drainage provisions except for those still associated with the Building Permit process such as HHOD Exempt Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (0 & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 4 of 5 Page 521 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 5 of 5 Page 522 of 594 PROPOSED CHANGES - CLEAN UDC 166.01, 166.02, 169.03 EXHIBIT A ADM-2024-0036 169.03 Review And/Or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E).) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary; (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface; (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21) (Supp. No. 33) Created: 2024-06-25 14:55:10 [EST] Page 1 of 1 Page 523 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to ^ eat rnere than 10,000 square feet of impervious area a development and/or redevelopment area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and ^ eating m e than 10,000 square feet of new developing and/or redeveloping an area of more than 10,000 square feet of impervious surface; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments ^ eating less than 10,000 squa.re feet of .,, .., ; aFea r a develelame .t en a let eF par^^' Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious area or a development on a site in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 1 of 2 Page 524 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size -and proposes a development and/or redevelopment area of more than 10,000 square feet of impervious surface. *" ^ ^^+ than 10,000 s ^ feet f new aFea. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) A development and/or redevelopment area of more than 10,000 square feet of impervious surface The e twen of more than 10,000 e feet ofimpewieusa fee a d^vTon site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or al to 10,000 square feet of new E mpervious area shall be exempt from the site improvement plan requiFe Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan.- When a developer intends to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. Developments below or above this threshold, or in the city's planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to submitting a fully engineered development plan for review. When a dove'^^^r'ntends *^ subdivide engineeFed develelament plan feer reevk--�.v. When a develepeF intends te develep gFeateF than 10,000 squaFe feet ef new impervie-us area vVithin the city er eity's planning aFea 199WHdaFy, they May sHbfflit a concept plan to obtain feedback and recommend ations fFOrn city staff prioF to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21) Created: 2024-06-25 14:55:08 [EST] (Supp. No. 33) Page 2 of 2 Page 525 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district with or without concurrent development, preliminary plat, final plat, aPA-concurrent plat, and concept plan. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). No approval is necessary for concept plans. (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with concurrent development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. LaFge scale development plie-atie.,.- that subject to administrative approval shall net be FequiFed te be reviewed by the S-Uh-divisien Ge-mmittee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Large scale development forwarded by the Subdivision Committee, Ppreliminary plat, concurrent plat, and planned zoning district with or without concurrent development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. Created: 2024-06-25 14:55:08 [EST] Page 1 of 5 Page 526 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 5 Page 527 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 (1) Property Line Adjustment Lot Split, Building Permit, Final Plat Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that Gr^tes-develops and/or redevelops between 1,201 and 10,000 square feet of Rew-impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Created: 2024-06-25 14:55:08 [EST] (Supp. No. 33) Page 3 of 5 Page 528 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage/ Water Quality, Flood, and Tree Threshold Standard Stormwater Documentation Mitigation Measures Level 1 < or = Exempt from Grading and Drainage Exempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 4 of 5 Page 529 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 5 of 5 Page 530 of 594 PROPOSED CHANGES - STRIKETHROUGH UDC 166.01, 166.02, 169.03 ADM-2024-0036 169.03 Review And/Or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E).) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary; (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface; CORstruction of new impervious area greater than 10,000 square feet� (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21) Created: 2024-06-25 14:55:10 [EST] (Supp. No. 33) Page 1 of 1 Page 531 of 594 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager City of Fayetteville Long Range Planning Committee MEETING DATE: July 22, 2024 Updated with results from 7/22/2024 PC Meeting SUBJECT: ADM-2024-0036: Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.01, 166.02, and 169.03. The proposed code changes would modify development process requirements. RECOMMENDATION: Staff recommend forwarding ADM-2024-0036 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward ADM-2024-0036 to the City Council with a recommendation of approval." BACKGROUND: In 2021, major ordinance changes were approved by City Council to revamp drainage and development standards, with a secondary goal of incentivizing infill. The changes that were approved required new green stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from a question of use and tied those requirements instead to the overall impact to stormwater. This introduced three new levels of development threshold and shifted the requirement of a large-scale development plan or a site improvement plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In the intervening period since 2021, staff audited the outcomes of these changes, and identified several areas that require revision and clarification. • Parkland Dedication o Certain project types were no longer subject to parkland dedication, even though the impact of added units is significant. • Project Classification o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross - divisional round of review/comment leading to delays unforeseen issues at permitting. • Application of Tree Preservation standards o Certain projects are no longer subject to tree preservation requirements. • Timeliness of Variances and Appeals o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This becomes an issue when certain development types are no longer subject to large-scale development or site improvement plan. Mailing Address: 113 W. Mountain Street Plan niNgtomA"ittiomiIIe-ar.gov Fayetteville, AR 72701 July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,6%W 532 of 594 Paqe 1 of 19 Staff, Planning Commission, and Council have evaluated three of the four areas, and ordinance changes have been brought forward throughout 2024. Status: o Parkland Dedication: ■ May 21, 2024: City Council approves changes to Parkland Dedication requirements, tying those requirements to added residential units and decoupling from project type. (Ordinance 6751) o Application of Tree Preservation Standards: ■ July 16, 2024: City Council heard the proposed changes to Tree Preservation requirements, which would require an abbreviated tree preservation plan for projects adding between 1,201 — 6,000 square feet of impervious surface. An option for escrow is also permitted to be considered. The item was left on the first reading for additional consideration. o Timeliness of Variances and Appeals: ■ July 16, 2024: City Council approved proposed changes to the appeals process, which will allow variances associated with administratively - approved projects to be appealed to City Council in their own right, without the need to be tied to an overall project. The changes presented with this application are to overarching project classification requirements, and they are outlined below. These changes were forwarded by the Long -Range Planning Committee on June 20, 2024. DISCUSSION: After deliberation at the Long -Range Planning Commission meeting, Planning Commissioners voted to move forward the proposed changes to the project classifications o Reclassifying a large-scale development, large site improvement plan, and small site improvement plan to be tied to the amount of development and/or redevelopment of total impervious surface area being proposed, rather than being tied solely to the addition of new impervious surface. The intent of this change is for this development or redevelopment area to be considered as the overall limits of construction for a proposal and is not intended to be triggered by interior remodels or renovations that do not propose or require any additional exterior work. o Requiring a concept plan when a project proposes to develop and/or redevelop greater than total6,000 square feet and less than 10,000 square feet of impervious surface area. o Clarifying that grading permits are required when a project is developing and/or redeveloping more than 10,000 square feet of impervious surface area. Staff is also incorporating some text clean-up with this proposal, including clarification about public meeting and hearing requirements for certain project types (large-scale developments and planned zoning districts, in particular). Public Comment. Staff distributed the larger ordinance changes to key stakeholders within the development community. Feedback was received in relation to vested interest of projects that may already be in the pipeline, and feedback was received in relation to parkland dedication requirements. The City Attorney's office confirmed that vested interest in this or in any ordinance happens at the time of an approved or issued permit. Public comment was also provided at the Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepFg1jW 533 of 594 Paqe 2 of 19 May 13, 2024 Planning Commission meeting as well as at the June 24 Planning Commission meeting. Members of the public who spoke were concerned about the originally proposed changes to the impervious surface thresholds and to the additional tree preservation requirements. Additional public comment was received by City staff ahead of the July 16 City Council meeting, with concerns regarding added cost to development with proposed changes, specifically with regards to additional tree preservation requirements. RECOMMENDATION: Staff recommend forwarding ADM-2024-0036 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES Date: July 22, 2024 O Tabled Motion: Cabt, Second: McGetrick Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: a Forwarded O Denied with a recommendation of approval. Proposed Ordinance (Clean): o UDC §166.01. Development Categories o UDC §166.02, Development Review Process o UDC §169.03, Review and/or Permits Required; Exceptions Proposed Ordinance (Strikethrough): o UDC §166.01. Development Categories o UDC §166.02, Development Review Process o UDC §169.03, Review and/or Permits Required; Exceptions Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Excel, 63HW 534 of 594 Paqe 3 of 19 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to a development and/or redevelopment area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than 10,000 square feet of impervious surface; (i i) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious area or a development on a site in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 1 of 2 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,6%W 535 of 594 Paqe 4 of 19 (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in sizeand proposes a development and/or redevelopment area of more than 10,000 square feet of impervious surface. . (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (i i) A development and/or redevelopment area of more than 10,000 square feet of impervious surface on site of less than 1 acre within any zoning district. (b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. Developments below or above this threshold, or in the city's planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to submitting a fully engineered development plan for review. . (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 2 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,6%W 536 of 594 Paqe 5 of 19 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district with or without concurrent development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). No approval is necessary for concept plans. (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with concurrent development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments.. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Large scale development forwarded by the Subdivision Committee, preliminary plat, concurrent plat, and planned zoning district with or without concurrent development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (i i) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: Created: 2024-06-25 14:55:08 [EST] Page 1 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,6%W 537 of 594 Paqe 6 of 19 (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (i i) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,6%W 538 of 594 Paqe 7 of 19 approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that develops and/or redevelops between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 3 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcerR6"4jW 539 of 594 Paqe 8 of 19 Level 1 < or = 1,200 sf of IA Exempt from Grading and Drainage provisions except for those still associated with the Building Permit process such as HHOD Exempt Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (0 & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 4 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 540 of 594 Paqe 9 of 19 (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 5 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 541 of 594 Paqe 10 of 19 169.03 Review And/Or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E).) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary; (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface; (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21) (Supp. No. 33) Created: 2024-06-25 14:55:10 [EST] Page 1 of 1 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 542 of 594 Paqe 11 of 19 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to ^ eat rnere than 10,000 square feet of impervious area a development and/or redevelopment area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and ^ eating m e than 10,000 square feet of new developing and/or redeveloping an area of more than 10,000 square feet of impervious surface; (i i) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments ^ eating less than 10,000 squa.re feet of .,, .., ; aFea r a develelame .t en a let eF par^^' Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious area or a development on a site in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 1 of 2 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 543 of 594 Paqe 12 of 19 large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size -and proposes a development and/or redevelopment area of more than 10,000 square feet of impervious surface. *" ^ ^^+ than 10,000 s ^ feet f new aFea. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) A development and/or redevelopment area of more than 10,000 square feet of impervious surface The e twen of more than 10,000 squaFe feet of impewieus aFea fee a d^vTon site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new E mpervious area shall be exempt from the site improvement plan requiFe Proposals developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan.- When a developer intends to develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. Developments below or above this threshold, or in the city's planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to submitting a fully engineered development plan for review. When a dove'^^^r'ntends *^ subdivide engineeFed develelament plan feer reevie�.v. When a develepeF intends te develep gFeateF than 10,000 squaFe feet ef new impervie-us area vVithin the city er eity's planning aFea b9WHdaFy, they May sHbfflit a concept plan to obtain feedback and recommend ations fFOrn city staff prioF to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 2 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 544 of 594 Paqe 13 of 19 166.02 Development Review Process (A) Application Submittal (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B) Public Meetings. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district with or without concurrent development, preliminary plat, final plat, aPA-concurrent plat, and concept plan. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). No approval is necessary for concept plans. (2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with concurrent development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. LaFge scale development plie-atie.,.- that subject to administrative approval shall net be FequiFed te be reviewed by the S-Uh-divisien Ge-mmittee. (3) Planning Commission. The following development applications are required to be reviewed by the Planning Commission. Large scale development forwarded by the Subdivision Committee, Ppreliminary plat, concurrent plat, and planned zoning district with or without concurrent development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. (C) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (Supp. No. 33) (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non- conforming property or structure more non -conforming. (i i) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. Created: 2024-06-25 14:55:08 [EST] Page 1 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 545 of 594 Paqe 14 of 19 (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (e) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (i i) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. (D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 2 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 546 of 594 Paqe 15 of 19 (1) Property Line Adjustment Lot Split, Building Permit, Final Plat Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: Street plans, profiles and specification accompanied by soil analyses and design calculations; Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that Gr^tes-develops and/or redevelops between 1,201 and 10,000 square feet of Rew-impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Created: 2024-06-25 14:55:08 [EST] (Supp. No. 33) Page 3 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 547 of 594 Paqe 16 of 19 Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage/ Water Quality, Flood, and Tree Threshold Standard Stormwater Documentation Mitigation Measures Level 1 < or = Exempt from Grading and Drainage Exempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (O & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the proposed practices. additional impervious and gravel areas. Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of- way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 4 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 548 of 594 Paqe 17 of 19 (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh. C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22) (Supp. No. 33) Created: 2024-06-25 14:55:08 [EST] Page 5 of 5 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 549 of 594 Paqe 18 of 19 169.03 Review And/Or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E).) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary; (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface; CORstruction of new impervious area greater than 10,000 square feet� (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21) Created: 2024-06-25 14:55:10 [EST] (Supp. No. 33) Page 1 of 1 Planning Commission July 22, 2024 i (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, ExcepF,61W 550 of 594 Paqe 19 of 19 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-417 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Melissa Evans, Urban Forester SUBJECT: VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. RECOMMENDATION: Staff recommends denial of the vacation of the tree preservation easement as shown in Exhibit Al. While the applicant intends to dedicate an additional tree preservation easement in exchange (Exhibit A2), Urban Forestry finds that the loss of canopy on the Fayetteville High School property would be detrimental to the health of the local ecosystem and would undermine the integrity of the tree preservation ordinance. BACKGROUND: The tree preservation easement on parcel number 765-14448-000 was dedicated as part of the redevelopment of the Fayetteville High School Large Scale Development in 2011. The trees were placed in a tree preservation easement to meet the development requirements on the 18-acre lot (Exhibit B). Request: The applicant wishes to vacate 0.61 acres of tree preservation easement to facilitate developing a parking deck on the property (Exhibit D). According to UDC section 167.04(L)(2), "The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville." In exchange for the vacation, the applicant intends to dedicate an additional tree preservation easement off -site as described in Exhibit C. The proposed tree preservation easement is on parcel number 765-14295-002 and is located on Fayetteville School District property directly south of Happy Hollow Elementary School. DISCUSSION: Staff visited the high school property and determined that the existing oaks in the tree preservation easement are in good condition and of substantial age at 100 years or more. In the interim, staff received additional information from the applicant indicating signs of stress and decay on the trees. Staff intends to re -visit the site to confirm the applicant's findings of the overall tree health prior to the planned City Council meeting (Exhibit E). These are the largest trees in the immediate area of the Fayetteville school campus. The adjacent University Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 551 of 594 campus has some large oak trees as well. The current tree preservation easement is in an institutional district and is surrounded by additional P-1 zoning, some C-2 and CS zoning and RMF-40 zoning. The current location offers 0.61 acres of ecosystem services and green space in a fairly dense urban area. The 2.25-acre portion of parcel 765-14295-002 that is proposed as a new tree preservation easement is located on the east side of the city near S. Ray Avenue, adjacent to another Fayetteville School District parcel and undeveloped land. The proposed easement area is south of Happy Hollow Elementary School and adjacent to an existing tree preservation easement. Tree canopy assessment for each site: Tree canopy within the current easement consists of seven large white oak trees ranging in size from 25"-32" DBH and various smaller trees (Exhibit Al). The oak trees have been on the site since at least 1926 (the earliest aerial photography available on the City of Fayetteville GIS maps). Tree canopy at proposed easement consists of smaller trees that are a mix of oak, hickory, elm and cedar (Exhibit A2). Half of this property was a field according to 1978 aerial photography and the rest were likely pioneer species (trees that are the first to colonize sites that have been disturbed or cleared). Staff believes that the proposed easement does not have the same size and quality of trees as the existing easement. Fayetteville would be losing ecosystem services in a highly developed area of our city if this vacation is approved. Staff is also concerned about the precedent that vacating the easement would set. Tree preservation easements are a standard requirement for development and are intended to remain in perpetuity, not until they are no longer viable due to the owner's wish to expand and develop more. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit Al - Tree Preservation Easement To Be Vacated (0.61 Acres) (#4), Exhibit A2 - Tree Preservation Easement To Be Dedicated (2.25 Acres) (#5), Exhibit B - Recorded Easement Plat (#6), Exhibit C - Applicant Request Letter (#7), Exhibit D - Parking Deck Site Plan (#8), Exhibit E - Easement Locations With Applicant's Tree Health Findings (#9) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 552 of 594 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-417 VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT LOCATED AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.25 ACRES OF TREE PRESERVATION EASEMENT WHEREAS, the Fayetteville School District would like to vacate approximately 0.61 acres of the existing tree preservation easement to facilitate developing a parking deck on the property; and WHEREAS, the Fayetteville School District has offered to dedicate 2.25 acres of tree preservation easement in exchange located on the east side of the city near S. Ray Avenue, adjacent to another Fayetteville School District parcel and undeveloped land. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the 0.61 acres owned by the Fayetteville School District covered by a dedicated tree preservation easement has proven to the City Council's satisfaction that such vacation of that portion of the tree preservation easement is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the dedication of 2.25 acres of tree preservation easement, as shown in the Easement Plat (Exhibit B) and the legal description (Exhibit E) attached to this Resolution. Page 1 Page 553 of 594 City of Fayetteville Staff Review Form 2024-417 Item ID 8/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 8/2/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 554 of 594 WEST 0 20 40 EXHIBIT NW CORNER R/ �AY�S W<<�OGq� SCALE 1" - 40, SW 1/4 SW 'Al' SECTION 61/4 �FgsPy GTUF �qRI T 16 N R 30 W ROgO ge46 S87° 06' 56"E-30.77' Rid, SIT y URe GENT of S870 06' 56"E-92.11' �FR \\\\\\\\\\\\\\\\\\\\\\\\ LAND LINE } POB TREE PRESERVATION Q \ \ \ AREA VACATION \ \ \ \ \ LL� \\\\\\\\\\\\\\\\\\\\\\\\\ o k \\\\\\\\\\\\\\\\\\\\\\\\\ _ \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ = m \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ o w Q o \\\\\\\\\\\\\\\\\\\\\\\\\ w w > a. O \\\\\\\\\\\\\\\\\\\\\\\\\ uJ Q'J \\\\\\\\\\\\\\\\\\\\\\\\\ Q N \\\\\\\\\\\\\\\\\\\\\\\\\ p ° n - o Q \\\\\\\\\\\\\\\\\\\\\\\\♦ O w ♦\\\\\\\\\\\\\\\\\\\\\\\\ V) p \\\\\\\\\\\\\\\\\\\\\\\\\ M J o ; \ \��MEENT, PLATWCUM\EN�; \; S89° 57' S5"E-42.00' ° o z z \\\\\\'Q11�Qo'��8✓�\\\\\\\\ Lf) Q \\\\\\\\\\\\\\\\\\\\\\\\\ LL AREA TOBEVACATED` \\\\\`\\\\\Io \\\\\\\\\\ 26682 SQ. FT. \\\\\\\\\\\\I O 0 0.61 AC: , a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\Ln V\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\I0 _\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\IO w\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ p J♦\\\\\♦\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ILn \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ N12° 23' 08"W-34.41'------LL`L�i------ I N890 57' 55"W-126.60' u 1 V N .V. a I 11 765-14448-000 411-202 — TAX PARCEL NUMBER DEED RECORD EXISTING RIGHT-OF-WAY LINE LEGEND TREE PRESERVATION AREA \� PER EASEMENT PLAT 2011-00007587 TO BE VACATED BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) CB De MCCLELLAND —E REVISION FAYETTEVILLE HIGH SCHOOL CONSULTING 07i1ei2024 EXHIBIT "A" 1 FAYETEVILLE/ ARKANSAS -ENGINEERS, INC. MAP SCALE: PRO]. NUMBER'. AS NOTED 242711 1580 E. STEARNS ST. * FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703 F u - 1 (479) 443-2377 EXHIBIT 'A2' TREE PRESERVATION AREA PER EASEMENT PLAT 2010-00021498 0 30 60 SCALE 1" = 60' ...........................................:��S790 25 ......................................................................................................................... 06 ......................................................................................................................... Ln........................................................................................................................y Lu ........................................................................................................................ 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N870 24' 11"W-429.45' �.� ...,.. POB TREE PRESERVATION EASEMENT SW CORNER TRACT A PER TRACT SPLIT 2009-00027676 LEGEND 5-14295-002 TAX PARCEL NUMBER 09-27921 DEED RECORD --«���- . PROPOSED TREE PRESERVATION L EASEMENT — — EXISTING PROPERTY LINE BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) kNOTED BYDBWN HAPPY HOLLOW ELEMENTARY SCHOOLCONSULTING MCCLELLAND REVISION: EXHIBIT "A" 2HIM FAYETTEVILLE ARKANSAS ,242711 FAYETTEVILLE SCHOOL DISTRICT # 1FAYETTEVILLE, -ENGINEERS, INC. 1810 N COLLEGE AVE. AR 72703 (479) 443-2377 PRO]. 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J � I 9 � � ^ q �, %� � S2'38'19•W-487.83' 9 RN r - I \� 1----- ------ `- -- --- l ------------ - 938.44' N2--� ('38,8.19.E 'E - 938.94') t i d ~ SS02Id g g 4 Tas ........... ,"I . a� p'=50 7�'39 IR.- �' V'�R1m"m;' 1 3'�f �wwgk�rt �� € mN— x 9- R gig s" cgs mia=�g"` a- FAYETTEVILLE v MCCLELLAND HIGH SCHOOL SCECONSULTINGT7 FAYMBA14 AWAPk3AS ENGINEERS, INC. 9 Page 557 of 51 34 McCLELLAND EXHIBIT 1810 N. College Avenue ffl"CE�P.O. Box 1229 CONSULTING �C� Fayetteville, AR 73703172702-1229 ENGINEERS INC 479-443-2377/Fax 479-443-9241 , www.mccielland-engrs.com July 17, 2024 City of Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 RE: Fayetteville High School Tree Preservation Easement Vacation City Council, Please accept this Tree Preservation Easement Vacation request for the Fayetteville High School. In response to the need for additional parking, The Fayetteville School District would like construct a new parking structure at the southwest corner of S Stadium Dr and W Bulldog Blvd, directly west of the school. Per the Unified Development Code, section 167.03, (7) white oaks were preserved in a prior building expansion phase and captured in a tree preservation easement. Many factors were considered when selecting a location for the new parking structure. Safety, direct connectivity to the existing high school building, and connectivity and integration into the existing drop off and pickup traffic patters were at the top of the list. Baring the tree preservation easement, this location serves the school's needs the best. If allowed to be vacated, the .61-acre tree preservation easement on the high school property will be replaced with another tree preservation easement, 2.25 acres, on another property held by the Fayetteville School District, directly south of Happy Hollow Elementary. The larger easement is intended to compensate for the loss of the 25"-32" white oaks on the high school property. The proposed replacement easement consists of 100s of tree, however smaller in size. Species mainly consisting of oak, hickory, elm, and cedar. Please see the attached documents showing the easement to be vacation and the easement to be dedicated. If you should have any questions, please do not hesitate to contact me. We appreciate your support of this project. Sincerely, McClelland Consulting Engineers, Inc. Chris Bakunas Land Development Department Head, Senior Associate (479) 443.2377 cbakunas@mce.us.com Page 558 of 594 NOLLICIGV 3E)H2dVE) E)NDFdVd -10OHDS HE)IH DITAD I I:IAV=lNI MM z U) plL, M M M-1 9.. L L L o EXHIBIT'D' tl / /1�=====ay o EI ------------------- - j �$ :.,:.._ / / /%i// / � pi 111 \\\\ \\\\ TT� Page 559 of 594 EXHIBIT'E' Easement to be Vacated (Fayetteville High school Property) 1066 1A1 V' Footprint of proposed parking � - structure - , If_ _ ~ _ 13 +/-14,374 SF of Canopy (total) .L 11`fl I Existing Trees (typ) � I I U) N O I 7 a O I� A I I I � I I _ I I I I I � I I Fayetteville High School oil 1 .,. # Species DBH in Inches Notes 1 White Oak 32 Poor structure, prior damage to crown 2 White Oak 30.5 Tree shows some sign of stress via dying leaves, crown previously removed, decay in upperthird of canopy. 3 White Oak 32 Tree appears to be in good health other than showing some sign of stress via dying leaves 4 White Oak 35 Decay noted at root flare, hollow core, several areas of decay noted in canopy 5 White Oak 25 Good health 6 White Oak 30.5 Decay noted at root flare, showing some sign of stress via dying leaves, several areas of decay noted in canopy 7 White Oak 29.5 heartwood decay noted, several areas of decay noted in canopy Total 214.5 ***See corresponding photos below** Page 560 of 594 �k �#y may. IF.aq' .1 - Exhibit - E Proposed Easement (Happy Hollow Elementary Property) Happy Hollow Elementary 2010-21498 765-14295-002 FAYE ITEVILLE SCHOOL DISTRICT a I 1498 5 6 ■ 7 g Area of Dense ■ Cedars � ■ ■ 10 12 Ash/Hickory Mix ! O up to 8" DBH 13 14 ■ 10 ■ w ■ 1405/027 76s-14298-000 OSBORN, CARL T tt Species DBH in Inches Notes 1 White Oak 22 Good health 2 Red Oak 10 Good health 3 Hickory 10 Good health 4 Hickory 10 Good health 5 White Oak 15 Good health 6 White Oak 15 Good health 7 White Oak 12 Good health 8 White Oak 22 Good health 9 White Oak 17 Good health 10 White Oak 18 Good health 11 Red Oak 12 Good health 12 Red Oak 12 Good health 13 Red Oak 12 Good health 14 Red Oak 15 Good health 15 Red Oak 18 Good health 16 Red Oak 18 Good health Total 238 Only includes trees 12" or larger. Numerous other smaller trees existing on the site "`See corresponding photos below*** aH� •Y- y. • I. I ` 4p CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 13, 2024 CITY COUNCIL MEMO 2024-385 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: APPEAL: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MILK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MILK BLVD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: City Planning staff recommend approval and the Planning Commission recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property, parcel 765-14601-000, is immediately east of 1-49 and approximately % mile north of the intersection with E. Martin Luther King Jr. Blvd. The property has frontage along N. Futrall Drive, which is a one-way street heading north and is Arkansas Department of Transportation (ARDOT) right-of-way. The parcel contains 6.62 acres, and is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property is located within the 1-540 Overlay District and a small portion of the site is within the Hillside -Hilltop Overlay District. A request to rezone the property to CS, Commercial Services, was submitted to the Planning Commission in January 2022, where it was denied. No appeal was heard by the City Council following the denial. Request: The request is to rezone the property to NS-G, Neighborhood Services, General. The applicant has not submitted any additional development plans, though has amended their original request from CS, Community Services. Public Comment: Written public comment has been received in opposition to the request and it is attached to this report. No members of the public spoke at the public hearings. Land Use Compatibility: On the balance of considerations, staff finds the updated request to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NS-G to be compatible at this location. NS-G is a less intense zoning district than the originally -proposed CS, allows for minimal non-residential uses, and allows for up to 4-family dwellings by -right; larger multi -family structures (five connected units or more) would require a conditional use permit approval. NS-G also allows for buildings up to 3 stories tall as opposed to the 5 stories permitted under CS. With a future trail planned along Futrall Drive, this could eventually provide bike and pedestrian connectivity to and from this site and proposed developments closer to Wedington Drive Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 567 of 594 and existing developments closer to Martin Luther King Jr. Boulevard. Additionally, a rezoning to NS-G could allow for non-residential uses that may be of use to nearby developments. Conversely, much of the surrounding property is undeveloped, and the site lacks basic utility and infrastructure access such as public water and public sewer. The property currently has the entitlement to develop 4 units per acre; given the property's size, this may allow for the development of up to 26 single-family dwellings, though would likely result in fewer given the steep topography and any necessary right-of-way dedication, tree preservation, and drainage requirements. Staff recognizes that strictly single-family uses may not be the highest and most efficient use of the property at this location and may still negatively affect traffic flow along Futrall Drive. Land Use Plan Analysis: Staff finds that generally a request to upzone this property is not consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. While there is not a stated neighborhood or comprehensive plan for this specific area, recent policy decisions in the surrounding area indicate an intention for this area to remain zoned as -is; a previous rezoning request to CS was denied by the Planning Commission in 2022. To the east of the property, a Bill of Assurance was granted with a downzoning to R-A in 2018 to conserve the area with no allowable home construction associated with that rezoning. To the north, the City of Fayetteville acquired approximately 61 acres of land from the University of Arkansas for the preservation of the Markham Hill Woods. The site has a low infill score and is called out as a Residential Neighborhood Area, with the implication that any development at this location is intended to be primarily residential, rather than commercial uses. Staff finds that NS-G does get closer to meeting long-term land use plans for the area than CS, since it is still categorized as a primarily residential zone, with allowances for the insertion of smaller -scale non-residential uses. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S • Near City Park (Markham Hill Woods) • Near Paved Trail (Shiloh Trail, across 1-49, • Near Razorback Bus Stop (Route 44) DISCUSSION: Hollywood) Fayetteville Traverse (unpaved) Due to scheduling conflicts, the applicant requested the item be tabled from the June 24th, 2024 Planning Commission meeting to July 8th. On July 8th, the Planning Commission voted 7-0-0 to table the request to afford time to evaluate alternatives to the requested CS, Community Services zoning district. Ultimately, the applicant amended their request to rezone the property from RSF-4 to NS-G, Neighborhood Services - General. At the July 22, 2024 Planning Commission meeting, a motion to forward the request to rezone the property to NS-G failed for lack of majority. The vote was tied at 4-4-0, with Commissioners Garlock, Gulley, Madden, and Werner opposed. Commissioners in opposition were concerned about the lack of available infrastructure on the property, access to surrounding amenities and transportation networks, and a desire to see the tree canopy and natural area maintained along the highway corridor. Commissioners in favor felt that RSF-4 was not an appropriate zoning district for the area and found that some zoning direction had to be given for the site after multiple attempts to rezone had failed. They agreed that NS-G was a reasonable request that allowed for creative solutions on an otherwise difficult -to -develop property (topography, lack of infrastructure, and connectivity issues). No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 568 of 594 N/A ATTACHMENTS: Appeal Letter (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 569 of 594 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-385 APPEAL: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-30 FOR APPROXIMATELY 6.62 ACRES LOCATED AT ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MLK BOULEVARD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, Four Units per Acre to NS-G, Neighborhood Services - General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 570 of 594 WILLIAM P. WATKINS, in, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILL A. KELLSTROM, P.A. MICHELLE FENDLEY CATELYN J. GIBBS * ALSO LICENSED IN MISSOURI City Council Attn: City Clerk 113 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com July 23, 2024 Re: Appeal of Planning Commission Denial of RZN-2024-0030 To Whom it May Concern: DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER LIZBETH CHAVEZ, SECRETARY My name is Will Kellstrom and my firm represented the applicant, The Watson Family Trust ("Applicant"), in the aforementioned rezone. In RZN-2024-0030, the Applicant requested that the Property, Parcel No. 765-1460 1 -000 be rezoned from RSF-4, Residential Single Family, Four Units Per Acre, to NS-G, Neighborhood Services General. That request was denied on July 22', 2024, with the Planning Commission voting 4-4 on a motion to forward the request to City Council, and the motion failing accordingly. The Applicant wishes to appeal the decision of the Planning Commission to City Council, pursuant to § 155.02 and § 155.05 of the Fayetteville Code of Ordinances, on the grounds of the following errors by the Planning Commission: (1) Failure to Properly Consider Zoning and Use of Surrounding Properties (2) Failure to Properly Consider the Incompatibility of the Present Zoning (3) Failure to Properly Consider the Compatibility of the Proposed Zoning (4) Incorrect Determination of the Highest and Best Use of the Property WK: 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W . WATKINSLAW OFFICE.COM Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC /s/ Will A. Kellstrom Will A. Kellstrom REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION Page 571 of 594 RZN-2024-0030 N. F U T RAL L DR BETWEEN RZN-2024-0030 Close Up View WEDINGTON DR & MLK BLVD EXHIBIT'A' C-2 Neighborhood Link Freeway/Expressway Hillside -Hilltop Overlay District — — — Trail (Proposed) Design Overlay District ~ Planning Area _ ! Fayetteville City Limits Subject Property 3-G Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NS-G 0.0 6.6 RSF-4 6.6 0.0 Total 6.6 ac Page 572 of 594 RZN-2024-0030 EXHIBIT 'B' LEGAL DESCRIPTION GIS Approved 05/22/2024 11:49:08 AM Part of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 18, Township 16 North, Range 30 West, being more particularly described as follows, To -Wit: Beginning at the Southeast corner of said forty acre tract, and running thence NO°39'32"E 662.85', thence N89020'28"W 641.83' to a point on the East Right -of -Way of U.S. Highway #71, thence S23000'54"E 723.76', thence S89°20'28"E to the Point of Beginning, containing 7.56 acres. Less and except the following described tract taken for highway purposes: Part of the Southwest Quarter of the Northeast Quarter of Section 18, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 18; thence South 89019'West along the South line thereof a distance of 351.7 feet to a point on the Easterly existing right of way line of U.S. Highway #71; thence North 24°42' West along said existing right of way line a distance of 32.8 feet to the point of beginning; thence continue North 24042' West along said existing right of way line a distance of 210.6 feet to a point; thence North 25005' West along said existing right of way line a distance of 323.2 feet to a point; thence North 21054' West along said existing right of way line a distance of 156.4 feet to a point; thence North 89019' East a distance of 58.8 feet to a point on the Easterly proposed right of way line of U.S. Highway #71; thence South 240 51' East along said proposed right of way line a distance of 693.3 feet to a point; thence South 89019' West a distance of 66.7 feet to the point of beginning and containing 0.96 Acre, more or less. Page 573 of 594 CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: July 22, 2024 Updated with results from July 22, 2024 PC Meeting SUBJECT: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MILK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: Staff recommends approval of RZN-2024-0030. RECOMMENDED MOTION: "1 move to forward RZN-2024-0030 to City Council with a recommendation of approval." JUNE 24 AND JULY 8 PLANNING COMMISSION MEETINGS Due to schedulina unavailability. the apDlicant reauested to table themselves until the July 8 Planning Commission meeting in order to be present. At the JuIV 8 meeting, the Planning Commission recommended tabling the item to re-evaluate the applicant's request, and see if there was a lower -intensity zoning district such as NS-L or NS-G that the applicant was willing to consider. The applicant has since updated the reauest to NS-G. Neiahborhood Services - General. BACKGROUND: The subject property, parcel 765-14601-000, is immediately east of 1-49 and approximately'14 mile north of the intersection with E. Martin Luther King Jr. Blvd. The property has frontage along N. Futrall Drive, which is a one-way street heading north and is ARDOT right-of-way. The parcel contains 6.62 acres, and is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property is located within the 1-540 Overlay District and a small portion of the site is within the Hillside -Hilltop Overlay District. An identical rezoning request was submitted to the Planning Commission in January 2022, where it was denied. No appeal was heard by the City Council following the denial. Surrounding land uses and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre South Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre East Undeveloped R-A, Residential Agricultural; (Bill of Assurance requiring zero homes to be built) West Interstate (1-49) R-A, Residential -Agricultural (across the interstate) Planning Commission July 22, 2024 RZN-2024-0036 (WATRffl� 574 of 594 Paqe 1 of 15 Request: The request is to rezone the property to NS-G, Neighborhood Services, General. The applicant has not submitted any additional development plans, though has modified their original request from CS, Community Services. Public Comment: Staff received one written comment against the request to rezone the property to CS, and it is attached to this report. The member of the public was concerned about tree preservation on the property. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Futrall Drive. S. Futrall Drive is a partially improved Neighborhood Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is not available to the subject area. Sewer: Sanitary sewer is not available to the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 900 S. Hollywood Ave., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the site falls within a FEMA floodplain, nor is there a protected stream in the area. There are also no hydric soils on the property. A small portion of the southeast corner of the property falls within the Hillside - Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services - General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 575 of 594 Paqe 2 of 15 Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood) • Near City Park (Markham Hill Woods) • Near Paved Trail (Shiloh Trail, across 1-49, Fayetteville Traverse (unpaved) • Near Razorback Bus Stop (Route 44) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: On the balance of considerations, staff finds the updated request from RSF-4, Residential Single -Family, 4 Units per Acre to NS-G to be compatible at this location. Much of the surrounding property is undeveloped in nature, and the site lacks basic utility and infrastructure access such as public water and public sewer. The property currently has the entitlement to develop 4 units per acre; given the property's size, this may allow for the development of up to 26 single-family dwellings, though would likely result in fewer given the steep topography and any necessary right-of-way dedication, tree preservation, and drainage requirements. Staff recognizes that strictly single-family uses may not be the highest and most efficient use of the property at this location and may still negatively affect traffic flow along Futrall Drive. NS-G is a less intense zoning district than CS, and allows for minimal non-residential uses, and allows for up to 4-family dwellings by -right; larger multi -family structures (5 connected units or more) would require a conditional use permit approval. NS-G also allows for buildings up to 3 stories tall as opposed to the 5 stories permitted under CS. A future trail is planned along Futrall Drive that could eventually provide bike and pedestrian connectivity to and from this site and proposed developments closer to Wedington Drive, and existing developments closer to Martin Luther King Jr. Boulevard. A rezoning to NS-G could allow for non- residential uses that may be of use to nearby developments. Land Use Plan Analysis: Staff finds that generally a request to upzone this property is not consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. While there is not a stated neighborhood or comprehensive plan for this specific area, recent policy Planning Commission July 22, 2024 RZN-2024-0036 (wATRffl� 576 of 594 Paqe 3 of 15 decisions in the surrounding area indicate an intention for this area to remain zoned as -is; a previous rezoning request to CS was denied by the Planning Commission in 2022. To the east of the property, a Bill of Assurance was granted with a downzoning to R-A in 2018 to conserve the area with no allowable home construction associated with that rezoning. To the north, the City of Fayetteville acquired approximately 61 acres of land from the University of Arkansas for the preservation of the Markham Hill Woods. The site has a low infill score and is called out as a Residential Neighborhood Area, with the implication that any development at this location is intended to be primarily residential, rather than commercial uses. Staff finds that NS- G does get closer to meeting long-term land use plans for the area than CS, since it is still categorized as a primarily residential zone, with allowances for the insertion of smaller -scale non-residential uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 is justified, since a strictly single-family residential zoning district may not be the most appropriate zoning for the area with steep topography, large individual lot size requirements, and proximity to the interstate. NS-G is a reasonable request that opens up additional uses without being out of scale, reduces required lot sizes, and allows for more creative development opportunities such as cluster housing that may make better use of the property and its given constraints. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to NS-G does have the potential to increase traffic at this site, with most of the traffic pressure being circulated to Wedington Drive. S. Futrall is currently a one-way street and does not have direct access to the interstate. Under its current entitlement, the 6.62-acre property could be developed with a maximum density of 4 units per acre; NS-G zoning has a density maximum of 18 units per acre, though given necessary right-of-way dedication, drainage, tree preservation, and other requirements, the maximum is not likely to be met. Future connectivity to the east would also be nearly impossible at this point, given the undevelopable area immediately adjacent and steep terrain. The benefit of NS-G zoning, however, over RSF-4 zoning, is the potential for a mix of uses, which could potentially contribute to a decrease in need for auto -oriented trips, though without connectivity to surrounding areas, may still not be walkable to surrounding areas. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NS-G would have the potential to alter the population density at this location and could potentially place an undesirable burden on public services. The property does not currently have direct access to water or sewer, so extensions to those services would be Planning Commission July 22, 2024 RZN-2024-0036 (wATENI 577 of 594 Paqe 4 of 15 required prior to any redevelopment of the site; those initial costs would be borne by the developer. Fayetteville Public Schools did not comment on the request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2024-0030. PLANNING COMMISSION ACTION: (Date: July 22, 2024 O Tabled Motion: Cabe ISecond: McGetrick Required YES O Forwarded CK Denied Motion to forward failed for lack of majority. 4-4-0 (Commissioners Madden, Gulley, Werner, Garlock opposed BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.19 NS-G, Neighborhood Services - General • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Additional Public Comment (added 7/23/2024) 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 578 of 594 Paqe 5 of 15 (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 579 of 594 Paqe 6 of 15 (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 35 feet All other uses I None Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 580 of 594 Paqe 7 of 15 (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line' Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 581 of 594 Paqe 8 of 15 WILLIAM P. WATKINS, in, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM *ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com July 9, 2024 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-14601-000 from RSF-4, Residential Single -Family - Four Units Per Acres, to NS-G, Neighborhood Services, General Dear Planning Staff. My firm has been retained to represent the applicant, Winfred E. Watson Family Trust, with respect to this rezoning request. The applicant is requesting that Parcel No. 765-14601-000 (hereinafter "the Property"), be rezoned from RSF-4, Residential Single -Family - Four Units Per Acre, to NS-G, Neighborhood Services, General. The proposed rezoning will not unreasonably or adversely conflict or affect the surrounding land uses. Currently, the property is bordered by RSF-4 and R-4 zonings to the North, East and South, and is bordered by Interstate 49 and N. Futrall Drive to the West. However, along the broader corridor of I-49 in this area, there are a large mix of zones, such as R-A, P-1, RSF-4, RMF-18, RMF-24, C-2, CS, UT. Granted that this property is more or less adjacent to I-49, it is ripe for a higher intensity zoning, and in particular, one that allows for a mix of uses. This is exemplified by the fact that several properties along I-49 have already been zoned to CS or the similar UT, or to multi -family or commercial designations. The property is also adjacent to the East to the area frequently referred to as "Markham Hill." Notably, however, the topography of the property, the build -to and tree preservation requirements of CS, and the Hillside -Hilltop Overlay make it such that the any development on the property under a CS zoning would almost necessarily have to be shifted towards I-49, and leave a buffer of trees on the East side, which is adjacent to Markham Hill. Lastly, this property should be rezoned because RSF-4 simply is not a proper zoning for this Property, for a variety of reasons. RSF-4 zoning allows, more or less, for exclusively single family homes, at a max density of four (4) units per acre. As mentioned earlier, the Property is adjacent to a busy interstate, and is not a desirable parcel for building single family homes, nor 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W.WATKINSLAW OFFICE.COM REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL RJ R9ii.I,QffVlTID1 $4j%bLLECTION July 22, 2024 RZN-2024-0036 (WATRffl� 582 of 594 Paqe 9 of 15 Watson Family Trust Page 2 would doing so be the best or most efficient use of the Property. The cost of site work and the density cap would make it such that any single family homes that were to be built on the site would have to be large, custom, and expensive, single family homes in order for an investor to recoup their up front costs. This type of product would not help to provide attainable housing, and would not be appropriate for a site so centrally located within the City. Accordingly, any zoning other than RSF-4 would be an improvement —and with the recent trends along this corridor of I-49, along with recent suggestions by Planning Staff, NS-G seems to be the most appropriate. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479-636-2168 or at wkellstrom(awatkinslawoffice.com. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom WK: PC: Planning Commission July 22, 2024 RZN-2024-0036 (wAT@MI 583 of 594 Page 10 of 15 Compiled Public Comment RZN-2024-0030 From: Werner, Nick <nick.werner@fayetteville-ar.gov> Sent: Monday, July 8, 2024 6:09 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Fwd: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK Didn't realize you weren't already cc'ed on this untiljust now From: Nick Thorn <nt nickjthorn.com> Sent: Monday, July 8, 2024 10:26:08 AM To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne - fayetteville- ar. ov>; Gulley, Fred <fred. gulley(a)fayetteville-ar.gov>; Garlock, Jimm <Jimm.garlock@fayetteville- ar. ov>; Cabe, Matthew <matthew.cabe(cbfayetteville-ar.gov>; Madden, Mary <mar)tmaddenPfayetteville-ar.gov>; McGetrick, Mary <mar).mcgetrick@fayetteville-ar.gov>; Castin, Nick <nick.castin(a)fayetteville-ar.gov>; Werner, Nick <nick.werner(a)fayetteville-ar.gov> Subject: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Planning Commission, I am writing in opposition to the rezoning request for this property. I ask that the planning commission deny the rezoning request as recommended by staff. In addition to the reasons for denial given by staff, this is a highly -visible piece of forested land at the base of Markham Hill and the city must do everything in their power to maintain as much of this urban forest canopy as possible. Maintaining a mere 20% (as defined by the requested CS zoning district) of the existing 6.62 acres of tree canopy would result in the removal of more than 5 acres of mature forest. To meet the goals set forth in the adopted Climate Action Plan, we need to be preserving key portions of the city's tree canopy. In closing, please deny this request. Thank you for your service to our great city, Nick Thorn 629 N Gray Avenue Planning Commission July 22, 2024 RZN-2024-0036 (wATEW 584 of 594 Page 11 of 15 RZN-2024-0030 One Mile View I RPZD ' I A RSF-2 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD 0 0.13 0.25 0.5 Miles UT CS 11 -k RSF-4 k\\I�Subject Property 111-u NORTH I \ I � RMF 4 P-1 \ ♦ < RMF-18 \ C-2 N NC IPZD zoning � I-z canarel IrMasVial Neighborhood Link - - - RESIDENTIAL SINGLE-FAMILY EXTRACTION Regional Link - High Activity _ _ _ _ _ - Nsc ii E-1 - - - - _ - RI-U COMMERCIAL Freeway/Expressway RI-1z Rasiaamial-orrn NI C-1 — Unclassiftd _ ResmanY&l erlcunu I♦ c-z RSF-.s C-3 Residential Link ' _ RSF-1 FORM BASED DISTRICTS Planned Neighborhood Link - RSF< Downtown core Urpan TlwrougM1hre Planned Residential Link RSF-T � Main svaal tamer RSFA � Dmmlwm Generel Shared -Use Paved Trail " RSF-1e �commamy sarvi�a RESIDENTIAL MULTI -FAMILY NeigM1b h-1 Servkes Trail (Proposed) p RMF£ NeigM1boh-1 ConserreYon Design Overlay District , _ _ _ _ _ 1 ii RMF-13 PLANNED ZONING DISTRICTS L-� g Y RMF-13 r � r r 111111111 Commercial. IntlusNal. Resitlemial _ l �7 Fayetteville City Limits ' ' Planning Area '---='- __ RMF-za INSTITUTIONAL RMF a P 1 1 1 Planning Area INDUSTRIAL Fayetteville City Limits g I-1 Heavy Commercial srd Light lndusl4 July 22, 2024 RZN-2024-0036 (WATRffl� 585 of 594 Paqe 12 of 15 RZN-2024-0030 N. FUTRALL DR BETWEEN Close Up View WEDINGTON DR & MLK BLVD C-2 Neighborhood Link Freeway/Expressway Hillside -Hilltop Overlay District — — — Trail (Proposed) Design Overlay District ~ Planning Area _ ! Fayetteville City Limits Subject Property 3-G Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NS-G 0.0 6.6 RSF-4 6.6 0.0 Total 6.6 ac July 22, 2024 RZN-2024-0036 (wATEW 586 of 594 Paqe 13 of 15 RZN-2024-0030 N. FUTRALL DR BETWEEN Current Land Use WEDINGTON DR & MLK BLVD NORTH sa Undeveloped j e j Subject Propert6. o �. pedl deveo Undeveloped Undeveloped � `� F < t, j: Undeveloped and \ Multi -Family Residential \ Neighborhood Link FEMA Flood Hazard Data Freeway/Expressway Unclassified too -Year Floodplain — — — Trail (Proposed) Feet Floodway Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits _ Design Overlay District :3,600 annlnq Commission RZN-2024-0036 (WATEW 587 of 594 Paqe 14 of 15 RZN-2024-0030 N. FUTRALL DR BETWEEN Future Land Use WEDINGTON DR & MLK BLVD NORTH ■ri�y t ban j Neighborhood j i er I � � I t •\ ' � i t � t 1 ` tt \, Non -Municipal t t \ Government \ Subject Property 1 Residential I �9 \ � \ Neighborhood Civic and Private \ \ Open Space \ \ \ t Civic \ Institutional N i •\ 1 _ Neighborhood Link City Neighborhood Regional Link - High Activity � Civic Institutional Freeway/Expressway - Unclassified Civic and Private Open Space - Residential Link Industrial Planned Neighborhood Link Feet Natural ■ Planned Residential Link i Non -Municipal Government Planning Area 0 305 610 1,220 1,830 2,440 Residential Neighborhood Fayetteville City Limits Trail (Proposed) 1:10,000 I Rural Residential -1 Design Overlay District Urban Center July 22, 2024 RZN-2024-0036 (wATEW 588 of 594 Pace 15 of 15 Compiled Public Comment RZN-2024-0030 From: Werner, Nick <nick.werner@fayetteville-ar.gov> Sent: Monday, July 8, 2024 6:09 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Fwd: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK Didn't realize you weren't already cc'ed on this untiljust now From: Nick Thorn <nt nickjthorn.com> Sent: Monday, July 8, 2024 10:26:08 AM To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne - fayetteville- ar. ov>; Gulley, Fred <fred. gulley(a)fayetteville-ar.gov>; Garlock, Jimm <Jimm.garlock@fayetteville- ar. ov>; Cabe, Matthew <matthew.cabe(cbfayetteville-ar.gov>; Madden, Mary <mar)tmaddenPfayetteville-ar.gov>; McGetrick, Mary <mar).mcgetrick@fayetteville-ar.gov>; Castin, Nick <nick.castin(a)fayetteville-ar.gov>; Werner, Nick <nick.werner(a)fayetteville-ar.gov> Subject: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Planning Commission, I am writing in opposition to the rezoning request for this property. I ask that the planning commission deny the rezoning request as recommended by staff. In addition to the reasons for denial given by staff, this is a highly -visible piece of forested land at the base of Markham Hill and the city must do everything in their power to maintain as much of this urban forest canopy as possible. Maintaining a mere 20% (as defined by the requested CS zoning district) of the existing 6.62 acres of tree canopy would result in the removal of more than 5 acres of mature forest. To meet the goals set forth in the adopted Climate Action Plan, we need to be preserving key portions of the city's tree canopy. In closing, please deny this request. Thank you for your service to our great city, Nick Thorn 629 N Gray Avenue From: Lisa Orton <ortonLisa m@gmail.com> Sent: Monday, July 22, 2024 12:26 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Lisa Orton <lisa m orton@yahoo.com> Subject: Oppose upzoning of Watson property described in RZN-2024-0030 Page 589 of 594 Compiled Public Comment RZN-2024-0030 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, Please vote against the upzoning of the Watson property on the west side of Markham Hill (RZN- 2024-0030). The current zoning of RSF-4 is far better for Fayetteville in these wooded areas than upzoning to CS or NS-G or any other upzoning category. Especially with our newly approved Climate Action Plan. I agree with all of the concerns against the upzoning identified in the City Staff report. Other reasons for maintaining the current RSF-4 zoning: 1. The property owner can still develop under the current zoning of RSF-4. 2. The City is not required to rezone a propertyjust because a property owner or developer requests it. 3. The lower density RSF-4 allows for preserving more tree cover, helping purify Fayetteville's air and water. 4. The lower density RSF-4 causes fewer drainage and flooding problems for surrounding and lower elevation properties. Flooding and drainage have been a real problem in general in Fayetteville from our excessive, higher -density development and lack of adequate ordinances protecting existing residents. Adding more and more impervious surfaces has contributed to Fayetteville's storm management problems. Upzoning these parcels will only add to these problems, especially since they are on or adjacent to Hillside/Hilltop land. S. These parcels have clay soil which contributes even more to drainage and flooding problems. 6. There are natural springs on Markham Hill. Blocking or disturbing these adds to drainage/flooding problems and messes with nature's way of handling water. 7. RSF-4 is a better transition from a nature preserve to higher density. It does not make sense to have higher density buildings (with their people, noise, traffic, and lights) next to wildlife and nature preserves (50-acre conservation easement on the east and the City's Markham Hill Woods on the north). 8. The historic wooded areas remaining on Markham Hill (not deforested yet) are worth protecting in Fayetteville. 9. There is already too much traffic on Martin Luther King Blvd, the Futrall access road, and surrounding areas. Lower density RSF-4 development will cause fewer additional problems than a higher density zoning. Please oppose the upzoning. Sincerely, Page 590 of 594 Compiled Public Comment RZN-2024-0030 Lisa Orton 1663 W Halsell Rd Fayetteville, AR 72701 410-674-8440 Ward 4 From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Monday, July 22, 2024 1:17 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>; Marquette Bruce <marquette44@gmail.com> Subject: RE: Oppose upzoning of Watson property described in RZN-2024-0030 Good afternoon, I believe this public comment was meant for the Planning Department; it is regarding item 4 on tonight's Planning Agenda (under Unfinished Business). Thankyou, Jonathan Ramirez Communication Specialist Office of the City Clerk -Treasurer City of Fayetteville, Arkansas 479-575-8323 fayetteville-ar.gov i ra m i rezCcbfavettevi l le -a r. gov WINE301M CITY OF FAYETTEVILLE ARKANS ARKANSAS Page 591 of 594 Compiled Public Comment RZN-2024-0030 From: Marquette Bruce <marquette44(a)gmail.com> Sent: Monday, July 22, 202412:34 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fwd: Oppose upzoning of Watson property described in RZN-2024-0030 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Adding my name to this! Thank you, Marquette Bruce 741 North Lewis Ave. I live in this horrific change for the worse. Sent from my iPhone Begin forwarded message: From: Lisa Orton <ortonlisam@gmail.com> Date: July 22, 2024 at 12:26:21 PM CDT To: plan ningMayetteville-ar.gov Cc: Lisa Orton <lisa_m ortonC@yahoo.com> Subject: Oppose upzoning of Watson property described in RZN-2024-0030 Dear Planning Commission, Please vote against the upzoning of the Watson property on the west side of Markham Hill (RZN- 2024-0030). The current zoning of RSF-4 is far better for Fayetteville in these wooded areas than upzoning to CS or NS-G or any other upzoning category. Especially with our newly approved Climate Action Plan. I agree with all of the concerns against the upzoning identified in the City Staff report. Other reasons for maintaining the current RSF-4 zoning: Page 592 of 594 Compiled Public Comment RZN-2024-0030 1. The property owner can still develop under the current zoning of RSF-4. 2. The City is not required to rezone a propertyjust because a property owner or developer requests it. 3. The lower density RSF-4 allows for preserving more tree cover, helping purify Fayetteville's air and water. 4. The lower density RSF-4 causes fewer drainage and flooding problems for surrounding and lower elevation properties. Flooding and drainage have been a real problem in general in Fayetteville from our excessive, higher -density development and lack of adequate ordinances protecting existing residents. Adding more and more impervious surfaces has contributed to Fayetteville's storm management problems. Upzoning these parcels will only add to these problems, especially since they are on or adjacent to Hillside/Hilltop land. 5. These parcels have clay soil which contributes even more to drainage and flooding problems. 6. There are natural springs on Markham Hill. Blocking or disturbing these adds to drainage/flooding problems and messes with nature's way of handling water. 7. RSF-4 is a better transition from a nature preserve to higher density. It does not make sense to have higher density buildings (with their people, noise, traffic, and lights) next to wildlife and nature preserves (50-acre conservation easement on the east and the City's Markham Hill Woods on the north). 8. The historic wooded areas remaining on Markham Hill (not deforested yet) are worth protecting in Fayetteville. 9. There is already too much traffic on Martin Luther King Blvd, the Futrall access road, and surrounding areas. Lower density RSF-4 development will cause fewer additional problems than a higher density zoning. Please oppose the upzoning. Page 593 of 594 Compiled Public Comment RZN-2024-0030 Sincerely, Lisa Orton 1663 W Halsell Rd Fayetteville, AR 72701 410-674-8440 Ward 4 Page 594 of 594