HomeMy WebLinkAboutOrdinance 3412 FILED FOR RECORD
' 89 flPft 18 RPl
1149
WASHINGTON CO AR
A. KOLLMEYER
ORDINANCE NO , 3413_
MICROFILMO)
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR PROFESSIONAL SERVICES
TO PREPARE A NEW ZONING ORDINANCE AND RELATED
GROWTH MANAGEMENT ORDINANCES FOR THE CITY OF
FAYETTEVILLE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . The Board of Directors hereby waives the
requirements of competitive bidding for preparation of a new
! 1 zoning and related growth management ordinances for the City
`4� because said requirements are not practical as selection of a
professional planning consultant involves subjective decision
making .
Section 2 . The Board of Directors hereby authorizes and
directs the Mayor and City Clerk to execute an amendment to the
City ' s contract with RM Plan Group , Inc . / Alfred N . Raby , AICP for
preparation of new zoning ordinance and related growth management
ordinances . A copy of the amendment authorized for execution
hereby is attached hereto marked Exhibit " A" and made a part
hereof .
PASSED AND APPROVED this 21st day of Fehrvar 1989 ,
APPROVED
By :
YES F Mayor
7liYf��
lerk
xt i
uw 1J14PRGE 734
AMENDMENT
TO THE
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF FAYETTEVILLE, ARKANSAS
AND
RM PLAN GROUP, INCJALFRED N. RABY, AICP
FOR PREPARATION OF A
GENERAL PLAN
The CONTRACT between the CITY and the CONSULTANT, dated November 23, 1987,
is hereby amended to add the following:
Title
The title of the Contract shall read "For Preparation of a GENERAL PLAN and
ZONING ORDINANCE."
Scope of Services
WORK ELEMENT 10.00. PREPARATION OF NEW ZONING ORDINANCE
We shall implement the recommendations from Work Element 7.00, Evaluation
of Regulatory and Administrative Systems, through preparation of a new zoning
ordinance. The ordinance shall include all normal text requirements of the City's
existing zones , plus new planned 'unit development and historic district
provisions.
As a first step in the process, we will prepare an outline of the proposed
ordinance for review by City staff, attorney, and elected and appointed officials.
That annotated outline will explain the proposed organization of the new
ordinance. Following the review of that outline, we will make any changes
suggested by the City.
At the same time that we submit the outline for review, we will submit to the staff
and your attorney a set of proposed procedures under the ordinance. Those
procedures will be based on our analysis of your current procedures and practices
and our understanding of State law. We will make whatever changes in the
procedures that the staff or attorney may suggest prior to proceeding to the next
step.
IIBEP. 1314FAG[ 735
After the completion of the fust two steps, we will prepare a fust draft of the
ordinance, based on the outline and procedures developed in the fust two steps.
All standards in the ordinance will be based on your existing technical standards
and on current policies, as reflected in adopted plans and as identified in other
stages of this project.
We will submit a complete draft of the ordinance to the City for review by staff,
your attorney, the Planning Commission, and interested City officials. We will
conduct a work session review of the draft with the persons you designate after
they have had an opportunity to review it. Following that work session we will
prepare a final draft of the ordinance and submit it to you for adoption.
Immediately before the public hearing on the ordinance before the Planning
Commission, and again before the public hearing on the ordinance before the
City, we will meet with the body about to hold the hearing to prepare the
members for the hearing. We will have a representative available at the hearing
as a technical advisor.
Following adoption of the ordinance, or simultaneously with the final adoption
process, we will prepare forms, charts and other instruments for use in the
administration of the new ordinance.
WORK ELEMENT 11 .00. FOLLOW-UP OF IMPLEMENTATION SERVICES
(ZONING ORDINANCE)
In this additional phase of work, we shall provide six months of follow-up
services to assist in implementation of the new ordinance procedures.
It has been our general experience that during the fust six months of using a new
ordinance, a community needs special consulting services. There are typically a
number of small, administrative questions that can be answered by phone. There
is usually a need for some technical amendments during the first six months to
address issues that did not come up in the drafting process.
We will provide the following services during the six-month period following the
adoption of the ordinance:
• Unlimited telephone consultations 118ER 1314 PAGE 736
• Not more than two meetings in the City to meet with staff and others on
issues relating to implementation of the ordinance.
• Drafting of not more than ten pages of technical amendments (which should
be more than is necessary).
WORK ELEMENT 12.00. ZONING ORDINANCE AND SUBDIVISION
REGULATIONS INTEGRATION
We shall review the draft subdivision regulations prepared by the CITY to
determine their consistency with the new zoning ordinance. Specific
recommendations shall be made for integrating text and administrative
procedures.
WORK ELEMENT 13.00. PREPARATION OF ILLUSTRATED GUIDE TO
PROPERTY DEVELOPMENT
We shall prepare a reproducible document of up to thirty (30) pages illustrating
and describing the property development process in Fayetteville. The Guide shall:
(1) Summarize zoning and subdivision regulations; (2) Outline steps for rezoning;
and (3) Answer the basic and most commonly asked questions concerning
development. The guide shall be prepared in "lay" terms and use graphics to
illustrate key points in the process. The document shall be delivered in "camera
ready" form suitable for office copying and assembly. Twenty (20) copies shall be
provided as part of the basic fee. Additional copies may be acquired for the cost
of printing.
WORK ELEMENT 14.00. PREPARATION OF TREE PROTECTION AND
REFORESTATION ORDINANCE
We shall prepare a tree protection and reforestation ordinance governing the
cutting and removal of trees, protection during construction and reforestation
provisions.
WORK ELEMENT 15.00. PREPARATION OF LANDSCAPING ORDINANCE
We shall prepare a landscaping ordinance for all planned unit development,
multi-family and non-residential uses. We shall include all plan document,
design, buffering, screening and protection requirements.
L,RAMNIGE737
WORK ELEMENT 16.00. INTEGRATION OF POLICY
We shall integrate all policies of the City Board of Directors and the Planning .
Commission. We shall further coordinate all policies with the new zoning ordinance
and with the subdivision regulations presently under revision by the City to assure
compatibility and effectiveness. New policies shall be prepared where a need is
indicated. The entire policy document shall be submitted to the City for approval.
WORK ELEMENT 17.00. PREPARATION OF ALTERNATIVE FINANCING
MECHANISMS
We shall analyze the City's fiscal capacity to provide those capital improvements
that are identified by the City. Alternative financing mechanisms shall be idenified
and evaluated, including impact fees, cost sharing, special use assessments,
bonding, user fees, etc. A specific analysis shall be made of impact fees to
determine their applicability to the City and to specific type facilities/services
including streets, water, sewer, drainage, fire, police, schools, recreation and solid
waste. Recommendations shall be made as to what alternatives should be
considered further. and to which facilities/services they should apply.
WORK ELEMENT 18.00. PREPARATION OF TRANSPORTATION ELEMENT
Working with the Metropolitan Planning Organization (MPO), we shall assist the
City in preparing its Transportation Element and Major Street Plan.
We shall assist the City in identifying new corridor and belt requirements, as well
as existing corridor improvements necesssary to developing an effective street
system. We shall integrate street improvements with the Land Use Plan at the
sketch level in identifying major deficiencies and future needs. Identification shall
be made of all major streets from Freeway to Major Collector level.
Recommended street improvements shall be coordinated with regional
transportation needs (airport, transit, etc.) to assure an effective regional network.
Specific corridor needs shall be analyzed in linking transportation facilities (e.g.
airport, interstate) with major land uses (e.g. industries, institutional, etc.).
Relationships of such corridors to surrounding land use (existing and future) shall
be identified in affecting an overall development strategy, p
uw IMPAGE738
WORK ELEMENT 19.00. ANNEXATION POLICY
We shall prepare an Annexation Policy for the City identifying potential areas for
annexation. The policy shall be prepared in a one, two or three-step process
depending on which of the steps the City may option for herein. The City may
option for one of the following: Step One only; Set One and Two; or Step One,
Two and Three. No other combinations are applicable. CITY shall indicate below
which steps are accepted or declined.
Step One. Identify Criteria Under Which An Area Would Be Considered For
Annexation i.e. demand for urban services; adverse impact; special
infrastructure improvement needs).
CITY Accepts <66L (please initial)
CITY Declines (please initial)
Step Two. Identify And Analyze Potential Constraints To Annexationi.e.
evaluate physical capacity and potential demand on infrastructure;
evaluate fiscal capacity of City to undertake debt; evaluate State law).
CITY Accepts T (please initial)
CITY Declines (please initial)
Step Three Identify Annexation Plan i.e. actual areas for consideration; project
need to expand public services and infrastructures; identify
preliminary costs and potential revenues by area; identify key issues;
establish priorities. (Please note that this is not an actual Plan of
Services).
CITY Accepts (please initial)
CITY Declines (please initial)
Contract Period. The Contract Period is hereby extended an additional nine (9)
months or a total of twenty-one (21) months. All Work Elements 1 through 9, shall
be completed within the twelve ( 12) month period of the original Contract. All
Work Elements, 10 through 18 shall commence with the effective date of this
Amendment and conclude not later than August 23, 1989.
um 1314PAGE 739
Fees and Payment. All fees and payments for Work Elements 1 through 9 shall remain
as prescribed in the original contract. Provisions for additional fees and payments for
Work Elements 10 through 19 are as follows:
Work Element 10.00
New Zoning Ordinance $157500.00
Work Element 11.00
Follow-up Implementation
Zoning Ordinance 51300.00
Work Element 12.00
Zoning Ordinance and
Subdivision Regulations Integration 4,000.00
Work Element 13.00
Property Development Guide 103000.00
Work Element 14.00
Tree Protection Ordinance 21500.00
Work Element 15.00
Landscaping Ordinance 2,500.00
Work Element 16.00
Integration of Policy 21400.00
Work Element 17.00
Alternative Financing Mechanism 61000.00
Work Element 18.00
Transportation Element 17,000.00
Work Element 19.00
Annexation Policy
Step 1 only (if accepted) 3,000.00
Steps 1 & 2 (if accepted) 72100.00
Steps 1 , 2, & 3 (if accepted) 15,200.00
TOTAL AMENDMENT ADDED AMOUNT $80,400.00
(minus any options not accepted under Work Element 19.00)
The Total Amendment Added Amount for Work Elements 10 through 19 is Eighty
Thousand, Four Hundred Dollars and No Cents ($80,400.00, minus any options not
accepted under Work Element 19.00. The Amendment Amount is in addition to the total
IIBEE1314PAGiM
Sixty Thousand Dollars and No Cents ($60,000.00) for the original contract, Work
Elements 1 through 9.
Payment shall be based on percent of work completed for all Work Elements 10 through
19, and shall be payable on a monthly basis. Request for payment shall be sent on, or as
near as possible, the fust of each month; payment shall be payable within 15 days of
invoice date. The CITY may withhold any payment if the CONSULTANT is found to
have completed less work than is equal to the payment request.
Other Provisions. All of the provisions of the original CONTRACT shall remain in force
during the terms of this CONTRACT, as AMENDED.
ACCEPTED, as AMENDED, this day of 7&d 1980
FOR: RM P11h Group, Inc./Alfred N. Ra y, AICP Title
FOR: City of Fayetteville, Arkansas 'Title
Q' it . . ,
. .,•,
LIBER 1314PFcE741
CERTIFICATE OF RECORD r, Alma Kollmeycr• Circuit Clerk cad
Ex-officio Recorder tar Washington
State of Arkansas CoB[N(a
SS Arkansas, do herebi cetlih Thal this in-
City of Fayetteville ( ollj ls
slrumont was hied for record m m .
1, Suzanne C. McWeth Cit Clerk and lodgement
Yr Y as indicated hereon and the same rs no
Ex-Officio recorder for the City of Fayetteville, duly recorded with the acknoWlad9
do hereby certify that the annexed or fore- and certificate thereon in Record Book a r�
going is of record in my office and the same ap- page as indicated thereOn'
pears in Ordinance & Resolution book a9IN WI7NESs WHEREOF, I have bau"
bar
Who
at page
Witness my sal my hand ani affixed ed seal of said
/ Court on 1F.e date indicated heraelts
hand an s this day of
9 Alma Koflmeyer
Circuit Clerk and 'y
Ex-off
Ree
City Cl and Ex-Officio Rec er
by
J
SPATE of ARKANSAS
es.
County of Washington
,. - I, / .�C�F• Y -e -�2ni Lam( 4. hereb certify.ORDINANCE WAIVING
y y that I
AN ORDINANCE WAIVINGam the publisherHE NORTHWEST ARK SAS TIMES, adaily newspaper
THE REQUIREMENTS OF' having a second class mailing privilege, and being not less than four pages Of
COMPETITIVE BIDDING
FORS PROFESSIONAL five columns each, published at a fixed place of business and at a fixed (daily)
SERVICES. TO PREPARE intervals continuously In the City Of Fayetteville, County of Washington, Arkansas
, A' NEW ,�ZONING - ORDI- for more than a period Of twelve months, circulated and distributed from an
NANCE `AND RELATED
GROWTH�,MANAGEMENT established place Of business to subscribers and readers generally Of all classes
ORDINANCES FOR ' TME, In the City and County for a definite price for each copy, or a fixed rice er
;CITYOF FAYETTEVILLE.: b P
BE, IT .,ORDAINED BY
. annum, which price was fixed at what Is considered the value of the publication,
THE BOARD -OF DIREC- based upon the news value and service Value it contains, thatatleastfiflypercent
TORS 'OF THE 'CITY OF of the subscribers thereto have aid cash for their subscriptions to the newspaper
' FAY' OF T�E'V I`TY OF P p
ARKANSAS: Or Its agents Or through recognized news dealers Over a period Of at least six
section 1. The Board of months; and that the said newspaper ublishes an average of more than forty
Directors hereby waives theP g
requirements of competitive' percent news matter.
' bidding for preparation of a'
new zoning ' and related
growth management ' ordW I further certify that the legal notice hereto attached in the matter of
nances for the City because
said requirements are not
practical as selection of a-
professional- planning con-
sultant -Involves,
on-sultanInvolves subjective:
�-declsion making. 'J i :m - :..,�
ksection 2.-rhe raoard of, was published in the regular daily issue of said newspaper for
:Olrectors hereby authorizes consecutive Insertions as follows:
ands directs. the Mayor and
City Clerk .to _execute an,
t amendment,,to - the. Utah , The first Insertion on the day of ` �� 19 O�—
Contract with RM Plan, (/
Group,. Inc./Alfred N..Raby,:
AICP for preparation of new- the second Insertion on the day of 19
coning ordinance and,
related growth management
ordinances. A copy of, the the third insertion on the day of 19
amendment authorized for;
execution hereby Is attached
hereto marked Exhibit "A"? and the fourth insertion on the day of f 19
and made a part hereof. .,.
PASSED AND APPROV-
ED this 21st day of Febru-
ary. lvay. '1 ... as_ rr__: .
r. r.. -, '4-!ZAPPROVED Sworn to and subscribed before me o this �y��J -
Byi William V. MartinA I da Of
-',- Mayor
ATTEST
ATTEST ..?hyv-„ '. ',.A
By: Suzanne MCWethy ' 9 ---
Exhibit A is on file in the CL
ty clerk's office, at1l17: :Wi'
Nota ba 'Mountain»st:,^FayetteviUe,^ Ud
Arkansas.
My Commission Expires:
`T ' i
Fees Cor Printing _ S s1L' joi
Cost of Proof —. S
'rotal _ S
The total amendment amount is not to exceed $3 ,292 for increased services and reimbursable
expenses. Time is of the essence; therefore, the amendment specifies a completion date of ninety
(90) days from approval date.
If you should have any further questions or concerns, please contact me at extension 242.
Contract/Lease Review
AA (i V - Z Z - 5 3
Ci ttorney Date
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rPu�rc cer Date
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4Aud=itor Date
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4BuuggeRt[Coo!rdinator Date
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AMENDMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF FAYETTEVILLE, ARKANSAS
AND
RM PLAN GROUP, INC .
FOR REVISIONS TO THE
FAYETTEVILLE GENERAL PLAN 2010
WHEREAS : The City of Fayetteville, Arkansas, hereinafter referred to as the "City" , seeks
professional services in revisions to the Fayetteville General Plan 2010, hereinafter referred
to as the "Plan" ; and,
WHEREAS: The firm of RM Plan Group, hereinafter referred to as the "Consultant" , agrees
to provide said professional services;
CONSULTANT'S SERVICES
WORK ELEMENT: The Consultant shall make revisions to the General Plan. Based on
information provided by the City, the Consultant shall update population, employment, land
use estimates. The Consultant shall revise the Future Land Use Plan and Community
Facilities Plan based on the latest environmental assessment and development goals,
objectives and policies as prepared by the City .
CITY'S RESPONSIBILITIES
The City shall provide full information regarding requirements for the project. These
requirements include, but are not limited to, census information, and environmental
assessment and development goals, objectives and policies community facilities
improvements, utilities improvements and transportation improvements.
The City shall designate, when necessary, a,representative authorized to act on the City's
behalf with respect to the Plan. The City or such authorized representative shall examine the
documents submitted by the Consultant and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of the Consultant's services.
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