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HomeMy WebLinkAbout203-25 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 203-25 File Number: 2025-1573 A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE CITY OF FAYETTEVILLE PUBLIC SCHOOL DISTRICT OUTLINING THEIR PARTICIPATION IN THE STORMWATER UTILITY CREDIT PROGRAM WHEREAS, on December 17, 2025, City Council approved Ordinance 6825 creating the City’s stormwater utility; and WHEREAS, a part of the stormwater utility program includes a robust credit program, which was put in place to recognize the efforts of individuals and organizations to reduce their overall impact on the city stormwater system; and WHEREAS, educational institutions such as the Fayetteville Public School District can influence both the direct impacts through the construction and retrofit of their school facilities and the indirect impacts through the education of students and parents and, for this reason, a credit for educational institutions was created with an opportunity to enter into a Memorandum of Agreement outlining all credits rather than applying for multiple separate credits; and WHEREAS, after working with the District, staff recommend approval of a Memorandum of Agreement outlining the district’s efforts to minimize direct impacts and create an awareness of water quality and quantity issues through its existing educational programs; and WHEREAS, the MOA recommends an immediate 20% discount to each of the District’s sanitary sewer accounts with opportunities to increase this in the future with additional retrofits to facilities and educational programs. 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 approves and authorizes Mayor Rawn to sign a Memorandum of Agreement with the Fayetteville Public School District outlining its participation in the Stormwater Utility Credit Program, a copy of which is attached hereto. PASSED and APPROVED on September 2, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-1573 MEETING OF SEPTEMBER 2, 2025 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a Memorandum of Agreement (MOA) with Fayetteville Public Schools (FPS) outlining their participation in the Stormwater Utility Credit Program. RECOMMENDATION: Staff recommends approval of a Memorandum of Agreement (MOA) with Fayetteville Public Schools (FPS) outlining their participation in the Stormwater Utility Credit Program. BACKGROUND: Like many cities throughout the state and nation, the City of Fayetteville experiences issues with management of its stormwater utility system. These issues stem from many sources including, but not limited to, compliance with the mandated Municipal Separate Stormwater System (MS4) requirements, aging infrastructure, maintenance of system capacity, personnel to perform systematic inspections and the lack of formal drainage systems in many older areas of the City. To address these concerns, the City has historically funded the stormwater program through the Sales Tax Capital Improvement Program (CIP) and the Street Fund for capital and operational/maintenance functions, respectively. However, there are many needs within the City that require funding from these sources and, at least in recent years, the funding for stormwater has been inadequate to comprehensively address stormwater management within the City. To develop a comprehensive solution, additional funding is required for personnel and equipment as well as multiple capital projects, many of which will require more than $1 million dollars for each project. Given the current levels, it would take many years to address just one of those projects. In June, 2018, the City Council recognized these needs and approved with a consultant contract for a feasibility study (Resolution 131-18) and amended that agreement on two occasions (Resolutions 209-19 and 250-19) to provide additional investigation and details. That study was completed in August of 2019 and updated in 2022 with more recent program costs, impervious area and associated fees. The Council also passed a resolution of intent to establish a stormwater utility in July of 2022 (Resolution 157-22). Ultimately, the Council unanimously approved ordinance 6825 creating the stormwater utility on December 17, 2025, allowing staff to move forward with implementation of the program. DISCUSSION: A part of the stormwater utility program as approved by City Council included a robust credit program. This credit program was put in place to recognize the efforts of individuals and organizations to reduce their overall impact on the city stormwater system. Most of these credits deal with direct runoff reduction and water quality improvements. However, some of these credit opportunities include education, or indirect impacts, as well. As the public becomes more educated about potential impacts on stormwater it will lead to a greater awareness of Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov water quality and quantity issues facing the City. Educational institutions such as the Fayetteville Public School District can influence both the direct impacts through the construction and retrofit of their school facilities and the indirect impacts through education of students and parents. For this reason, a credit for educational institutions was created with an opportunity to enter into a Memorandum of Agreement (MOA) outlining all credits rather than applying for multiple separate credits. After working with the FPS District, staff recommend approval of the attached MOA outlining the district’s efforts to minimize direct impacts and create an awareness of water quality and quantity issues through their existing educational programs. The MOA recommends an immediate 20% discount to each of the school’s sanitary sewer accounts with opportunities to increase this in the future with additional retrofits to facilities and educational programs. BUDGET/STAFF IMPACT: This item does not require funding and no direct staff impact is anticipated other than that required to implement the credit on the school's accounts. ATTACHMENTS: 3. Staff Review Form, 4. FPS Credit Application MOA, 5. Exhibit A Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-1573 A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE CITY OF FAYETTEVILLE PUBLIC SCHOOL DISTRICT OUTLINING THEIR PARTICIPATION IN THE STORMWATER UTILITY CREDIT PROGRAM WHEREAS, on December 17, 2025, City Council approved Ordinance 6825 creating the City’s stormwater utility; and WHEREAS, a part of the stormwater utility program includes a robust credit program, which was put in place to recognize the efforts of individuals and organizations to reduce their overall impact on the city stormwater system; and WHEREAS, educational institutions such as the Fayetteville Public School District can influence both the direct impacts through the construction and retrofit of their school facilities and the indirect impacts through the education of students and parents and, for this reason, a credit for educational institutions was created with an opportunity to enter into a Memorandum of Agreement outlining all credits rather than applying for multiple separate credits; and WHEREAS, after working with the District, staff recommend approval of a Memorandum of Agreement outlining the district’s efforts to minimize direct impacts and create an awareness of water quality and quantity issues through its existing educational programs; and WHEREAS, the MOA recommends an immediate 20% discount to each of the District’s sanitary sewer accounts with opportunities to increase this in the future with additional retrofits to facilities and educational programs. 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 approves and authorizes Mayor Rawn to sign a Memorandum of Agreement with the Fayetteville Public School District outlining its participation in the Stormwater Utility Credit Program, a copy of which is attached hereto. 8/18/2025 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2025-1573 Item ID 9/16/2025 City Council Meeting Date - Agenda Item Only Approval of a Memorandum of Agreement (MOA) with Fayetteville Public Schools (FPS) outlining their participation in the Stormwater Utility Credit Program. N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 2nd Sept Treasurer Additional Information Received Date Received: MM/DD/YYYY 08/27/2025 Time: 00:00 (AM/PM) 7:21 AM From: Name & Title Alan Pugh, Staff Engineer To: Name & Title City Clerk’s Office Agenda Meeting Date: MM/DD/YYYY 09/02/2025 Civic Clerk Number: Ex. 2025-994 2025-1573 CITY OF FAYETTEVILLE STORMWATER CREDIT FRAMEWORK Exhibit A Flood Management and Water Quality Funding Program Stormwater Utility Fee Credit Framework PREPARED FOR: City of Fayetteville, Arkansas Department of Engineering PREPARED BY: Funding Program Implementation Consulting Team DATE: April 2025 The Stormwater Utility Fee Credit Framework provides an opportunity for sewer customers to reduce fees based on their contributions to stormwater management and environmental stewardship. By participating in the program, property owners can directly support the City’s stormwater management goals while benefiting from reduced utility costs. Stormwater management practices, compliance with city regulations, and active involvement in educational and stewardship programs are eligible activities for credits. Credits, up to 50% for a combination of the activities listed below , are awarded based on specific criteria that demonstrate a property's commitment to mitigating stormwater impacts, improving water quality, and engaging in green stormwater practices. The City of Fayetteville has been preparing to implement the Stormwater Utility since 2018 . The Beaver Water District, charged with ensuring the water quality of our regional drinking water, shares our goals to pursue efforts to reduce harmful nutrients from entering our drinking water supply. Stormwater infrastructure and maintenance funding has not kept up with our region’s growth. As a result, a backlog of projects contributes to flooding issues and, in turn, water quality threats to Beaver Lake. While much of the funding generated from the fees is slated for maintenance of infrastructure and addressing flooding issues after heavy rain, all these activities will have a positive impact on water quality. When properly functioning and maintained, concrete infrastructure, water retention/detention ponds, and low impact development features can all be effective at reducing high flow during storm events which then reduces the transporting of these sediments, harmful nutrients, and chemicals to our drinking supply. The City of Fayetteville recognizes that many of its residents wish to be environmental stewards and help to mitigate impacts of their own impervious surface runoff or might simply want to try to reduce the financial impacts moving forward. This Stormwater Utility Credit Framework is designed to provide guidance for residents to accomplish both. Eligible Credit Activities 1. Compliance with the City’s Drainage Criteria Standards Eligibility: Properties designed and constructed in compliance with the City’s unified sizing criteria and that can demonstrate ongoing private operation and maintenance of stormwater management systems. Credit: • 10% per implemented measure (up to 40%) Applicable Measures per the Drainage Criteria Standards include: • Water Quality • Channel Protection • Overbank flood protection • Extreme Flood Criteria: • Properties larger than 10,000 sq feet that were built prior to 2014. • Properties must have a design that meets or exceeds the City’s Design and Construction Manual standards. • The property must show documented proof of ongoing operation and maintenance, including inspection records, maintenance logs, and other relevant documentation. Example Projects: • Retrofitting and/or installing large retention basin to offset the property’s stormwater runoff. Required Documents: • Grading Permit (apply through Civic Access Portal) • Engineered plans • Asbuilts of completed project 2. Retrofits with Water Quality, Flood, and Tree Mitigation Measures Eligibility: Properties that have retrofitted their stormwater systems (and maintain these retrofits) with mitigation measures, such as grass channels, green roofs, and CITY OF FAYETTEVILLE STORMWATER CREDIT FRAMEWORK reforestation, in line with the City’s current Design Criteria Manual, designed to capture 100% of runoff from their impervious area. A single Green Storm Water practice or multiple Green Stormwater Practices may be required to capture 100% of runoff from impervious areas. Credit: 40% Criteria: • Properties less than 10,000 sq feet built before July 2021. This is intended for smaller residential, commercial and industrial properties. • Retrofits must include water quality measures, flood control features, and/or tree mitigation that capture and manage 100% of the property’s runoff. • Properties must demonstrate private, ongoing maintenance of the retrofit system. • Documentation of design, implementation, and maintenance of the retrofit must be provided. Required Documents: For projects that have between 1,201 and 10,000 square feet of additional impervious area, the City of Fayetteville requires the following: • Completion and submission of the Stormwater Credit Worksheet. • Indicate the size and location of the green storm water practice(s) selected for the project on the site plan. Please reference the Stormwater Credit Standard Details for the construction requirements for each green storm water practice. • Completion and submission of a Stormwater Credit Owner Affidavit acknowledging the operation and maintenance of the GSP. • Stormwater Credit site/grading plan In addition to the above, for projects that have between 6,001 and 10,000 square feet of additional impervious area, the City of Fayetteville requires the completion and submission of an abbreviated tree preservation plan. If the project includes more than 10,000 square feet of additional impervious area, please contact the Engineering Division at 479.575.8206 for guidance on the approval process before proceeding with the project. Impervious area includes areas such as rooftops, pavement, sidewalks, compacted gravel, etc., where water cannot infiltrate into the ground. Example Projects: • Directing downspouts into bioretention areas • Bioswales • Retention Ponds • Ribbon Driveways • Raingardens • Green Streets • Directing driveway, roof runoff, or downspouts into bioretention areas • Infiltration Trenches • Installing Green Roofs • Replacing concrete driveways or other paved surfaces with permeable pavement • Properties where impervious surface covers 10% or less of property 3. NPDES Industrial Stormwater Permit Compliance Eligibility: Properties subject to the National Pollutant Discharge Elimination System (NPDES) Industrial General Permit and that maintain compliance with Arkansas Department of Environmental Quality Stormwater Pollution Prevention Plans. Credit: 10% Criteria: • This is intended for industries and businesses that are required to keep an industrial permit through the state of Arkansas. • Properties must provide documentation showing active compliance with the Arkansas Department of Environmental Quality Industrial Stormwater General Permit. • Evidence of an approved stormwater pollution prevention plan and records of routine inspections, monitoring, and reporting must be provided. Required Documents: • Documentation of Industrial NPDES permit in good standing. 4. Public and Tax-Exempt Customers: Stormwater Education Program Eligibility: Public and tax-exempt properties that document attendance or participation in the quarterly Northwest Arkansas Stormwater Education Program activities, or that commit to hosting the specified program at their facility. This is only for entities that do not already have an interlocal cooperation agreement with the City. Credit: 10% CITY OF FAYETTEVILLE STORMWATER CREDIT FRAMEWORK Criteria: • This credit is intended for religious institutions, corporations and non-profits, or schools that choose not to participate in a MOA. • Properties must demonstrate participation in the Stormwater Education . Minimum of 20 individuals in attendance on behalf of organization. • Verification of program participation through attendance logs or commitment to hosting educational events. • Educational activities must focus on raising awareness about stormwater issues, best practices, or other relevant environmental concerns. • Each credit will be applied to those parcels in the approved plan. Required Documents: • Plan per template provided by the City • Documentation of attendance (sign-in sheet with contact information) • Electronic verification (photos of event) 5. Public and Tax-Exempt Customers: Stormwater Stewardship Activities Eligibility: Public and tax-exempt properties that participate in or support stewardship activities such as Adopt A Stream programs or invasive species removal efforts within the City. Credit: 10% Criteria: • This credit is intended for religious and not for profit organizations. • Participation must be documented through photos, event logs, or other records verifying involvement in stewardship activities. • Activities must directly support the improvement of local water quality or the mitigation of stormwater runoff impacts. Example Activities: • Stream clean-up Required Documents: • Plan per template provided by the City • Documentation of attendance o Sign-in sheet, date of attendance, and associated organization o Photos of Event 6. Public/Private Schools: Interlocal Cooperation Agreement Eligibility: Public/Private schools that establish a contract or agreement with the City under § 25-20-104 to formalize their efforts in reducing stormwater runoff . Credit: Up to 50% as agreed upon in the MOA Criteria: • Public/Private Schools must enter into a formal agreement with the City that includes the development of stormwater focused instructional curriculum for students and acknowledges and supports their stormwater reduction efforts, which may include infrastructure improvements, operational changes, or other mitigation practices. • Public/Private schools that have an interlocal cooperation agreement are not eligible for obtaining credits through activity #4 or #5. Required Documents: • Agreement with City of Fayetteville, per template provided by the City. 7. Shared Parking Eligibility: • Owners of properties that agree to accommodate: o Shared public parking through an agreement with the City of Fayetteville (anywhere in the City) of 20 or more spaces (e.g. parking for a trailhead). o Shared public parking or employee parking for workers in the downtown area of 20 or more spaces or 100% of their privately owned lot within the paid parking districts. • The city has the right to evaluate parking practices for consistent user experience and may require changes to receive credit. Credit: 10% Criteria: • Owners of properties that enter into a shared public parking agreement within the paid parking districts with the City of Fayetteville. • Notification to the Parking Division o Parking lot owners must provide signage as required by the city. CITY OF FAYETTEVILLE STORMWATER CREDIT FRAMEWORK Required Documents: • Parking agreement form per template provided by the city. Implementation and Documentation Requirements Application Process: Property owners must submit an application detailing the measures taken to qualify for credits, along with supporting documentation (e.g., inspection reports, maintenance logs, agreements, etc.). A valid email address must be provided to submit an application. All correspondence for the program will be through the provided email address. Verification: The City of Fayetteville will conduct periodic reviews and inspections to verify the continued operation and maintenance of credited measures and may require improvements or repairs. Credit Certification, Duration and Renewal: Credits are awarded for two years from the date of approval, with renewal contingent upon continued compliance with all applicable criteria. The first round of applications will open April 2025 and credits will be applied on the first bill in Fall 2025. Once the credit application is submitted by the customer, the Stormwater Utility staff will review and send back via email any specifics regarding the credit, including the amount of the credit, approval date, and first discounted billing date. The city will email a notification of the expiration date of the credit and the customer will need to submit a recertification for renewal of the credit. Recertification is required prior to 60 days of the expiration date to avoid any interruptions in the credit Conclusion Contact: stormwater@fayetteville-ar.gov Website: Fayetteville Stormwater Utility Program Website FAQs: Fayetteville Stormwater Utility Program FAQs