18-POLICIES IN EFFORT TO MAKE COUNCIL MEETINGS MORE EFFICIENTSubmittal Date:
11/OS/2012
Council Date:
11/12/2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: I Presented By:
City Manager � John Godwin
RECOMMENDED MOTION:
Discussion Only
POLICY ISSUE�S�:
BACKGROUND:
Agenda Item No.:
18.
We have discussed changing policies in four different areas in an effort to make council meetings more
efficient. These include the use of resolutions, the use of ordinances, the approval of plats, and how we
deal with capital projects and change orders.
The attached policy discussion on resolutions and ordinances lists those instances when resolutions shall
be required, and when ordinances shall require two readings instead of one. The policy on resolutions
will require no action by the council; the policy on ordinances will itself require an ordinance
amendment which we will bring back to the council its next regular meeting.
Most of the information about plats is already in place, so this policy is meant to be a clarification as
much as anything. For example, unlike many municipalities, we already allow preliminary plats to be
approved by the planning & zoning commission alone. One real change we are suggesting to speed
things up even more is granting authority to staff to administratively approve minor plats of up to four
lots. That would mean that once requirements are technically met, the city engineer would be able to
approve the plat without having to place the item on anyone's formal agenda.
BOARD�COMMISSION RECOMMENDATION:
EXHIBITS:
POI1C18S
ACTION:
❑ Financial Report
❑ Department Report
❑ Presentation
❑ Public Hearing
FISCAL NOTES:
❑ Minute Order
❑ Resolution
❑ Ordinance
❑ Other
BUDGET INFO:
Expense
Budgeted Amt.
YTD Actual
Acct. Name
Acct. Number
City of Paris Revised 6/20/12
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RESOLUTIONS
City council resolutions shall generally not be required except for the following:
1. To approve submittal of a grant or loan, or in any instance in which a resolution is required by a
grantor or lender.
2. To approve an interlocal agreement with another jurisdiction, special district, or different level
of government.
3. When delegating to the mayor, the city manager, or the city attorney the authority to execute
an agreement or contract that is not yet in its final form at the time of approval.
4. To ratify the employment or dismissal by the city council of the city manager, city attorney, or
city judge.
5. To create or modify city council policies.
6. To create or modify advisory boards, commissions, and committees, unless said bodies are
created or modified by ordinance.
7. To authorize certain actions pertaining to the issuance of debt, consistent with state and federal
law thereon.
8. At any time a resolution is required by law.
9. At any time a resolution is required by the mayor, city manager, or city attorney.
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ORDINANCES
City ordinances shall not be required to be read twice prior to adoption except for the following:
1. An ordinance adopting or amending the city's operating budget.
2. An ordinance authorizing the expenditure of an amount greater than $50,000 unless that
expenditure has previously been approved as part of the city's annual operating budget.
3. An ordinance annexing or disannexing property into or out of the city.
4. An ordinance authorizing the sale of certificates of obligation.
5. An ordinance increasing the real ad valorem tax rate.
6. An ordinance adopting new or modified fees and/or fines.
7. When a double vote is required by state or other law.
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CAPITAL PROJECTS
Any project with a cost of more than $50,000 shall require formal bids. Award of such a bid shall require
action by the city council.
Budgeted projects under $50,000 may be reviewed, approved, and executed administratively.
Unbudgeted projects over $15,000 but less than $50,000 shall not be required to be formally bid, but
must be approved by the city council.
Capital projects shall require execution of a contract in a form approved by the City and proof of
commercial liability insurance from contractor in an amount determined by the City, but in no event less
than $250,000 per occurrence and $500,000 aggregate. The City of Paris, its elected officials, officers
and employees shall be added as additional insured on Contractor's liability policy; Contractor shall also
provide proof of workers compensation insurance as require by State law.
Capital projects in excess of $25,000 shall require a payment bond and in excess of $100,000 shall
require a performance bond in a form approved by the City.
Contractors shall be required to pay retainage of 5% on each pay application for projects greater than or
equal to $400,000, and retainage of 10% for all projects with a contract amount greater $50,000 but less
than $400,000.
Contracts must be reviewed and approved by the city attorney. Where possible, the city shall use a
standard contract template developed by the attorney.
A change order is a type of a contract amendment, and must therefore be processed in a specific
manner. A request for a change order must include the following information before approval:
• The reason for the change;
• A description of the change in the plans and/or the work;
• Quantities or units of time, materials, etc. requisite to complete the change;
• A description of items as either existing or new, with a justification of the unit cost for any new
item; and
• The cost and additional time needed to complete the change(s), with explanations of each.
A change order may be approved administratively if it does not change the basic scope or purpose of the
project, and:
Carries no fiscal impact; or
Does not increase the council-approved contract amount by more than $20,000 or 10%; or
Does not decrease the council-approved contract amount by more than $30,000 or 20%; or
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• The cumulative effect of multiple change orders does not change the council-approved contract
amount by more than 25%a.
State law prohibits the original contract price from being increased by more than 25% without a re-
negotiation of the contract, and from being decreased by more than 25% without consent of the
contractor.
In order to minimize change orders and to better ensure sufficient budgetary resources are allocated,
project allowances may be included in bid proposals and resulting contracts for certain large
construction projects. Such allowances shall not exceed $50,000 or 10% of the original contract
amount, whichever is smaller. The use of allowances shall require the concurrence of the contractor
and the city manager, the evidence of which shall be in writing.
Upon completion of a project, if the contract required council authorization, final payment, release of
retainage, and the acceptance of any public improvements must also be authorized by the city council.
The contractor shall be required to submit a maintenance bond in an amount equal to for 100% of the
value of the contract, good for a period of two years. On an every six months basis, the city clerk shall
ensure the bond is still valid.
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LAND USE & PLATS
1. Building permits may generally not be issued until a lot, tract, or parcel is platted.
2. A preliminary plat must meet certain requirements as described in City of Paris ordinances. A
Preliminary Plat Review form summarizes these requirements; a Preliminary Plat Submittal
Checklist is to be submitted with the preliminary plat application in order to help ensure all parts
to the plat are completed. �
3. The planning & zoning commission shall review all preliminary plats and shall publicly vote to
approve, modify, or deny such plats brought before it within 30 days of their original filings with
the city.
4. Upon approval of a preliminary plat by the planning & zoning commission, a developer or land
owner shall submit a final plat, which shall also meet certain requirements as described in City
of Paris ordinances. A Final Plat Review form summarizes these requirements; a Final Plat
Submittal Checklist is to be submitted with a final plat application in order to help ensure all
parts to the plat are completed.
S. The commission shall review all final plats and shall publicly vote to approve, modify, deny, or
deny with prejudice such plats brought before it.
6. The city council shall subsequently review all final plats forwarded to it by the commission, and
shall likewise publicly vote to approve, modify, deny, or deny with prejudice such plats.
7. Final plat requests that meet all legal requirements shall generally be placed on the council's
consent agenda for ministerial approval without need for discussion.
8. The city council shall, upon the affirmative recommendation of the city engineer, also approve
the acceptance of all dedicated public improvements concurrent with approval of final plats,
also typically as part of its consent agenda.
9. A request for plat approval should be submitted at least 17 days before the first Monday of the
month in order to provide sufficient time to review the plat for completeness and accuracy.
10. The planning & zoning commission typically meets once per month, but is always authorized to
meet in special session as often as needed, with full authority to act on any matter before them.
11. Minor plats, that is, those that contain four or fewer lots facing a public street and including no
public easement or ROW dedications, may be approved administratively once all platting
requirements are met.
12. Amending plats are intended only to correct minor errors to an approved plat, and may also be
approved administratively.
13. Replats are new plats of a portion of a previous plat, and must meet all legal and procedural
requirements as an original plat request, including commission and council approval, except that
no preliminary plat is required and certain notification requirements may be waived.
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14. Vacating plats terminate a plat and require a simple statement of vacation if no lots have been
sold. If lots have been sold, a vacating plat requires signatures from all property owners and
action by the planning & zoning commission and city council.
15. Civil work shall generally not be permitted until a preliminary plat is approved by the P&Z and a
site plan has been approved by the city engineer.
16. Site plans and construction plans must be submitted for review and administrative approval. A
Development Plan Review form summarizes requirements for any civil site work.
17. All infrastructure that is to be dedicated to the city shall be constructed according to city
standards and specifications.
18. Developers may request variances from the construction of the normally required curbs and
gutters.
19. A building permit will not be issued until the final plat is approved and filed.
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