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HomeMy WebLinkAboutCouncil Agenda Packet 08-28-17 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 28, 2017 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of July 24, 2017 and August 14, 2017 and Study Session Notes of August 7, 2017 PROCLAMATIONS AND CEREMONIES CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 17-2017 – amending Section 5-41 of the Wheat Ridge Code of Laws concerning Building Permit Fees DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution 30-2017 – adopting a revised City Purchasing Policy and rescinding all prior Resolutions in conflict therewith CITY COUNCIL AGENDA: August 28, 2017 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS con’t 3. Motion to approve payment to Insight Public Sector in the amount of $76,958.42 for the Annual Renewal of the Microsoft Enterprise Agreement CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN to SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29rH AVENUE, MUNICIPAL BUILDING July 24. 2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran, Janeece Hoppe, Zachary Urban, Kristi Davis, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Members Absent: George Pond (excused) Also present: Deputy City Clerk, Robin Eaton; City Manager Patrick Goff, City Attorney, Jerry Dahl; City Treasurer, Jerry DiTullio, Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; Parks and Recreation Director Joyce Manwaring; Business Tax, Tim Dronkers, Engineering Division, Mark Westberg; guests and interested citizens. APPROVAL OF Council Minutes of June 26, 2017 and July 10, 2017 There being no objections, the minutes of June 26, 2017 and July 10, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES Public Sector Engineer of the Year Award Patrick Roberts past president for the National Society of Professional Engineers of Colorado, a non-profit organization that supports map pallets and bridge building. The mission is to provide licensed and ethical engineering. Mark Westberg was nominated as he has invested much time in the projects he works on and he is usually successful in those projects as well. CITIZENS RIGHT TO SPEAK Dorothy Archer -would like to ask Council and those in attendance to please take a serious matter to study session as after canvassing, there were found to be five extremely large lots. The bulk plane code should be revised to remove the 35 ft. flat top allowance such as an apartment home and a 25 ft., or two story home with a 15 ft. slanted roof be added. City Council Minutes July 24, 2017 Page 2 Thomas Slattery-pointed out that with the present City zoning ordinance, you can have a 60ft wide x 80 feet deep, flat roof, three story building and that's incompatible with our R-1 and R-2 zonings; where you can have a duplex of the same dimension. With a single-family home in R-1 you can have a three-story structure, 35ft wide by 60 ft. deep with a flat roof. These allowances are not compatible with our residential neighbors and requests that the City reconsider them. Jeanette Lloyd-has friends that had big box houses on both sides of them and has a child with health needs. They ended up having to move from their home, as they were no longer able to have a garden because there was no sun light. This problem also added to the heating bills, and these types of houses do not fit in with the neighborhoods and what Wheat Ridge has always been. Joan Blanchard -Has concerns not only with the lack of sunlight but the lack of privacy that is impacted with three story buildings being right next to you. There is a real concern when there is a change to the scenery of a neighborhood and she is against allowing those types of new structures. Bud Starker -is Honored to announce his candidacy for Mayor of the City of Wheat Ridge. As a long-time resident, he knows and loves this City along with its people, its parks, the rural feel and its promise for the future. After introducing his wife Mary, who together have lived in this community operating a restaurant, served as a member of the Building Code Advisory Council, councilmember and Mayor Pro-tern. Moving to Wheat Ridge 42 years ago, he has been active in social, civic and business life of the community. Having clear vision, seeking broad and diverse opinions, along with commitment to see projects through, is the essence of leadership and looks forward to meeting and hearing the public's ideas and concerns to help build a better, brighter future for Wheat Ridge. Lynne Craig -does not know the technical details of zoning codes but feels the huge house on Chase Street does not fit into a neighborhood of small, single story houses, and questions if this is the future for Wheat Ridge. Along with added traffic, street parking, and lack of privacy, allowing these types of houses is not fair to the neighbors. It is time to reconsider our building and zoning codes to maintain our friendly, family atmosphere and small vibrant community. Jesse Garcia -is in full support of Dorothy Archer. He has been living at his residence for 17 years and saw his mother-in-law's duplex go down into rubble and where square buildings were built all over the area to create a whole new type of neighborhood. He hopes Wheat Ridge does not do that as well and wants to see change to the zoning code so as not to let others obscure the sunlight and views of the mountains. Laura Drapeaii -had a gentleman that lived next to her home, who built a slight addition that turned out to be a three-story house and that went from a one family to three family home. After his death, Council and City Engineers told us that they would settle things in our neighborhood and it has been over one year and things are still the same. As such , City Council Minutes July 24, 2017 Page 3 with the three-story house being there, we cannot open the curtains or windows as the new neighbors can see right in, along with a huge picture window viewing her back yard. You have to realize what the future is bringing and take a look at what is being built out in other locations. She does not want to leave or sell her house, but has no place to move to because of the market. She likes and knows her neighborhood and feels safe, but there is no parking and no privacy and can't begin to buy elsewhere for what they have here in Wheat Ridge. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution 22--2017 - a resolution approving a Seven-Lot Subdivision Plat for property zoned Residential-One (R-1) at 11435 W. 32nd Avenue with a Cul-De-Sac length Variance (Case Nos. WS-16-02 and WA-17-07/Merkwood Estates) This application would reconfigure two lots into seven lots, allowing for seven single- family home sites. A new section of 33rd Ave is proposed to transverse the property, connect the Quail Hollow subdivision on the east to the Brookside subdivision on the west, and allow for the free flow of traffic. The seven new lots would not have direct access to 32"d Ave. Councilmember Fitzgerald introduced Resolution 22-2017. Mayor Jay opened the public hearing and swore in the speakers. Staff Presentation Kenneth Johnstone continued from the previous public hearing and described the presentation showing two existing street Rights of Ways (ROW) from Quail Hollow and Routt Street subdivision plats. The first proposal did not include access from 32"d Avenue mostly due to grade concerns . There was substantial input concerning increased cut through traffic, including that from a nearby school, which would have a negative impact on the existing neighborhoods. Feedback was substantial enough to consider additional alternatives and in that spirit, the applicant has submitted additional proposals. Option 1 -Take existing ROW from Quail Hollow and extend down Robb Street as originally submitted with no connection to Routt Street except with a sidewalk for pedestrian access. Option 2 - A proposed connection from Routt Street, taking the existing cul de sac from Routt Street and building a new street with sidewalks, to the new Robb Street with no connection to 33rd avenue. In the spirit of working with the neighborhood the applicant also hosted a neighborhood meeting that presented options A - D that are referenced in the packets. Options C and City Council Minutes July 24, 2017 Page4 D parallel the previous option 1 and option 2. Options A proposes to have sidewalk connection through the existing ROW over to Routt Street with a dedicated City pocket park within the ROW. Option B proposes to eliminate any pedestrian connectivity from the new subdivision over to Routt Street. No thorough analysis has been done on these two proposals and they might require some additional design consideration, but there would be an additional process for the vacation of a right of way. As a policy matter, the City does not accept these types of pocket parks, as they are small in nature and very expensive to maintain. Staff would prefer either Option 1 and 2 or C and D, with the cul de sac length variance. Council questions Councilmember Hoppe received confirmation that the difference in feet between Option 1 and Option 2 is about 200 ft. with Option 1 at 1300 ft. and Option 2 at 1500 ft. Applicant Steve Merker noted that Options 1 and 2 are the result of taking into consideration the City and neighborhood's feedback. After a City meeting, it is felt that Option 1 meets all of the design criteria and along with the neighborhood, it is the preferred option. Option A, with the pocket park being included, is the preference if that is a possibility. Public testimony Bruce Kral, the fire marshal, is concerned with the proposed cul de sac as it could be a hazard if emergency responders have to fit in the close proximity to a burning house with the hoses that need to be laid out from the hydrant and also to get the ambulances out quickly, if they are called. He feels the best option has already been taken off as the 33rd Avenue connection was removed. The second option that the fire department would least be affected by is having sprinkler systems installed in the homes. This might not save the structure but would help the people get out safe. Councilmember Mathews asked if additional hydrant spacing would help to offset the length of the cul de sac. Mr. Kral responded that it could be an option after a hydrant study, as laying hose in the street would essentially block it off. Councilmember Urban asked if the need for additional hydrants would be determined by the district or developer and who would incur those costs? Mr. Kral replied there is some judgment allowed, depending on where the water main is located as to where the hydrants are required and it would be up to the Fire District to decide. A study also allows some latitude if it is the same main line and as long as it is not a dead end pipe. The costs of the additional hydrants would be on the developers. The Fire Marshall informed Councilmember Wooden that the costs of sprinklers in the homes, if they were required, would fall on the developer as well. Councilmember Hoppe asked if they could use the churches stonewall that has holes in it for fire hose access, to reach the homes through them in case of a fire. City Council Minutes July 24, 2017 Page 5 Mr. Kral said the Fire Department would have to agree to an easement with the church for future use and that their parking lot might not be built sturdy enough to hold up for a fire truck. Discussion followed. Public comment Rebecca Hay thanked Council for its time and is in favor of any option that does not poke 33rd avenue through to Routt St. If this option goes through, the neighbors have offered to buy the additional lot to put in a sidewalk. The residents are prepared to buy land and vacate the land through ordinance. The City has done nothing with the maintenance of the plot since Routt was built and the caretaking has falling to the residents. They would like the City to consider a park in their neighborhood as the school has asked the non- students that live in the area, not to play on school grounds. David Hay expressed support for options to connect Quail Hollow to the new Robb St. leaving only a pedestrian connection from Routt. There can be access for parking and a pedestrian walk-through that can be accomplished with no need for any connection to 33rd Avenue either now or in the future. Lori Marcello noted the turnaround for the fire trucks was sufficient at the last meeting and now it has somehow changed. The poor developer is being singled out as the length of a new Robb St. is about the same as their cul de sac on Routt Street; it worked out both times on Routt Street when emergency vehicles had to respond. Steven Archer expressed agreement with option A with the pocket park -if not, then Option 1 to 33rd from Quail Hollow side. Dr. Schmidtke testified we have a young developer wanting to develop land, and the City that wants to get the taxes from that land. Thirty houses in Quail Hollow were promised this would be a private community and they have concerns with water, the raceway on the bubble turnaround, and about the increased traffic. It is the City's job to worry about what the best compromise will be, to make the most people happy. He has enjoyed watching the American process work out, but is sorry for the frustration that the applicant has endured. Mack Glover wanted to make one thing clear, the meeting that was held was for the Routt neighborhood only, and Quail Hollow was not invited. Quail Hollow is a recently approved PUD with seven homes that are currently built and does not control the HOA until 75% of the homes are purchased. Homeowners that are directly adjacent to this development have observed from the neighborhoods that it would ignore the safety concerns for the students from construction traffic, drainage of water during heavy downpours and congestion. David Moss shared some thoughts from neighbors on Routt St. Early on there was lots of talk about connections from Quail over to Routt St but it is not true connectivity. Even if there are connections to Routt St., they will still have hoses out into Robb St. It is not a valid argument to have connections between Routt St. and 33rd Avenue. City Council Minutes July 24, 2017 Page 6 Ross Fawcett requested the City to go with Option 1 and the variance to build the pocket park. Jeff Nielsen Also supports Option 1 with the variance for the park. Only lots 6 and 7 would be accessible by emergency vehicles if 33rd is allowed to go through. The fire trucks would still have to back up over 150 ft. for the other houses. Lori Strand echoed how lots of progress has been made and is excited on the options that have been presented. She stated again that Quail Hollow has not been included in the process. However, to move forward, she requested that they be included in any future meetings. Explanation as to why the applicant wants to approve Option 1 including drainage impacts, along with the fire district's desire for Option 2. She likes the option of the pocket park to build a community between all three neighborhoods. Developer Steve Merker responded to some of the citizens' concerns. Sprinklers for the homes would be a tough standard to meet and the costs would be passed on to the homeowners with a letter to the homeowners that it was pressed upon him to do so. Future impacts could be detrimental to new home developments as these new building standards are up to date and built with fire suppression in mind. Mr. Merker apologized to the Quail Hollow people, as it was never intended to exclude anyone. If the pocket park is an option, one consideration might be for fees to help develop improvements with HOA fees or a fund set up by all three neighborhoods. He would like to see Council continue to vote on this item to find a resolution to this matter, and does not want to be slowed down to continue building. Mr. Westberg responded to some of the pros and cons for Option 1. The farthest home on Robb St. is 1600 feet closer to the nearest fire station. For drainage issues, the road is not being built with a crown but with a slope, flowing to the east side of the road. Access to the schools by sidewalks are closer to the east and of course driving would increase the distance. Use of the Church parking lot would be out of the picture as it does not save them any distance and the parking lot may not be built for fire trucks that are usually heavier than trash trucks. Cul de sacs can be dangerous in any fire emergency in case the fire jumps between homes. Mayor Jay closed the public hearing. Motion by Councilmember Fitzgerald to approve Resolution No. 22-2017, a resolution approving a Seven-Lot Subdivision Plat for property zoned Residential-One (R-1) at 11435 W. 32"d Avenue with a Cul-De-Sac length Variance (Case Nos. WS-16-02 and WA-17-07/Merkwood Estates) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The proposed lots meet or exceed the R-1 zone district regulations. 3. The criteria used to evaluate a variance supports approval of the request with the cul-de-sac length variance. City Council Minutes July 24, 2017 4. All other requirements of the subdivision regulations have been met 5. Utility districts can serve the property with improvements installed at the developer's expense. With the following conditions: 1. The subdivision street access design be in accordance with Option 1 Page 7 2. The applicant continue working with staff on final design details prior to plat recordation. 3. A Subdivision Improvement Agreement be executed ensuring all public improvements are in place prior to issuance of building permits for individual lots 4. The developer pay parks fees at the time of plat recording in the amount of $14,983.74 5. The Homeowners' Association covenants be reviewed and approved by staff. seconded by Councilmember Hoppe. Discussion followed. Councilmember Mathew expresses being in favor for Option 1 as it would decrease potential traffic for the Quail Hollow residents and school. He noted that Routt and Rob Streets are equal distance in length but in different directions, and he questioned why a different standard would be applied to a street right next door. Councilmember Hoppe agreed that Option 1 is the best way and does not want to see the home fire sprinklers included in the motion for this development. Ms. Hoppe would also like to find out what the community's next step would be to try to get a pocket park. Mr. Dahl added that if an additional fire hydrant is a condition, it can be added to the motion as #6, if so desired. . Ms. Manwaring responded that it is not usual for City to accept such a small park but that the neighborhood and developer might acquire the property and maintain the park themselves or through an HOA. Councilmember Urban expressed concerns with the sidewalk being the City's responsibility to remove the snow and if the R.O.W vacation of property or easement would be divisive for the neighborhoods. Mr. Dahl said if it is vacated with a different process, then the adjacent property owners take to the midpoint of the property but the city would probably reserve its right to maintain an easement if necessary. Councilmember Duran thanked the developer and the citizens for working and joining together, to listen to the community and will support Option 1. Councilmember Davis expressed support for Option 1. She thanked everyone for being part of it and thanked the developer as well for working on the drainage issue. She believes it is a good compromise. City Council Minutes July 24, 2017 Page 8 Councilmember Fitzgerald noted also that this has been an arduous, two-year long process and thanked Mr. Merker for hanging in there. He believes this has been a wonderful exercise in democracy and civility at work, especially for the Routt Street residents to be involved with it and to show that even with the long process, everybody received a semblance of what they wanted. Councilmember Wooden stated she would be voting against it for the lack of connectivity to 33rd Avenue and feels the original plan was the best option. The staff did meet the requirements that were needed for this. She recalled when the developer first came in wanting his plat approved and the neighbors were vehemently arguing against it, stating that they did not want to have their sunsets and parks taken away, even though it was private land to begin with. Motion carried 6-1, with Councilmember Wooden voting no. ORDINANCES ON FIRST READING 2. Council Bill 15-2017 -An Ordinance approving a permanent Easement to Equinox Properties, LLC for the purpose of constructing a Stormwater Structure on City- Owned Property Equinox Properties, LLC is expanding and conducting improvements to the Circle K located at 3805 Kipling Street. As part of these improvements, a new storm water/drainage structure is required. This structure is located in Lena Gulch on City- owned property, just south of the Recreation Center at 4005 Kipling Street. Councilmember Pond introduced Council Bill 15-2017. Motion by Councilmember Fitzgerald to approve Council Bill 15-2017, an ordinance approving a permanent Easement to Equinox Properties, LLC for the purpose of constructing a Stormwater Structure on City-Owned Property on first reading, order it published, public hearing set for Monday, August 14, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Davis; carried 7-0. DECISIONS. RESOLUTIONS AND MOTIONS 3. Motion to accept the 2016 Comprehensive Annual Financial Report (CAFR) from Swanhorst & Company, LLC Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. The CPA firm of Swanhorst & Company, LLC performed the audit of the City's financial statements for the year ended December 31, 2016. A representative from Swanhorst & Company was on hand to present the 2016 CAFR to Council for acceptance. City Council Minutes July 24, 2017 Page 9 Councilmember Davis Introduced Item 3 and spoke on a few items: Investments -"As mentioned in past years, the City has purchased certificates of deposit at banks not certified under the Public Deposit Protection Act (PDPA), a requirement of state statutes. However it is our understanding that similar certificates of deposit are no longer being purchased. We recommend that the City monitor compliance with the applicable laws and policies when purchasing investments." Federal Awards -'The City continues to maintain accounting records for federal awards using manual spreadsheets prepared by the grant administrators and accounting personnel. We continue to recommend that the City utilize the established accounting system and centralize the grant accounting process. This will help identify and correct errors through the internal controls already in place" Compensated Absences -"The City's liability for unused employee vacation time has a balance of $1, 143, 126 at December 31, 2016. Because this represents a significant liability to the City, we recommend the City evaluate the policies in place to determine if the cost is appropriate to achieve the goals of the City." Staff presentation Tim Dronkers introduced Wendy Swanhorst whose company performed the 2016 audit. Ms. Swanhorst related that in the Annual Comprehensive Financial Report 2016, the numbers included in it are fairly stated, and the company did not identify any concerns other than those listed. The Certificates of Deposit (CD's) were purchased a long time ago and the City is getting rid of those over time and overall is in good shape. City Treasurer Jerry DiTullio mentioned that the City has not bought any new CD's, only Public Deposit Protection Act (POPA) C-Save, and the matured monies are going into City accounts to pay bills. Most of the five-year CD's will be maturing in the next 2-3 years and no new FDIC instruments will be purchased in the near future. Motion by Councilmember Davis to accept the 2016 Comprehensive Annual Financial Report (CAFR) from Swanhorst & Company, LLC adding to the motion a request that staff update Council at study session on those three items: investments, federal awards, and Compensated absences; seconded by Councilmember Duran. Councilmember Urban asked how long the company has been doing the auditing for the City and if there is a policy to have a rotating schedule to have different firms do our audit. Ms. Geyer responds that this company has been doing business with the City for at least 15 years and they rotate auditors so we do not use the same person every time. There has never been a significant issue with this company and it has worked for the city up to date. Motion carried 7-0 City Council Minutes July 24, 2017 Page 10 4. Resolution 26-2017 -Authorizing City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge regarding the Administration of respective duties concerning the Conduct of the Coordinated Election on November 7, 2017 Councilmember Wooden introduced Item 4. The City of Wheat Ridge will participate in a coordinated election on November 7, 2017. The attached resolution and intergovernmental agreement (IGA) must be executed and forwarded to Jefferson County by Tuesday, August 29, 2017. The documents refer to the administration of the respective duties of the County and the City of Wheat Ridge concerning the conduct of the coordinated election. The duties of the County Clerk include, but are not limited to, ballot preparation, voter lists, staff selection and training, providing election supplies, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include, but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge's election officer and the designated election official. She shall act as the primary liaison between the City of Wheat Ridge and the contact officer for the County Clerk and Recorder. Staff presentation -none Citizen comment -none Motion by Councilmember Wooden to approve Resolution 26-2017 authorizing City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge regarding the Administration of respective duties concerning the Conduct of the Coordinated Election on November 7, 2017, seconded by Councilmember Hoppe, carried 7-0. CITY MANAGER'S MATTERS Mr. Goff reminded everyone that there will not be a meeting next Monday as it is the fifth Monday of the month. National Night Out is August 1, next Tuesday at Hayward Park starting at 5:00 PM to meet and greet the Police Department. Roofing permits are still very active with 3,900 residential roofing permit applications submitted and nearly 3,200 have been issued. That compares to 1,597 permits being issued for all of last year. CITY ATTORNEY'S MATTERS none ELECTED OFFICIALS' MATTERS Jerry DiTullio City Council Minutes July 24, 2017 Page 11 Biweekly roofing and inspections report for July 24, 2017 and year to date, 3258 permits were processed with revenue of $1,427,588. This revenue has offset the Walmart leaving from 32"d and Youngfield. Costs of contract labor stands around $166,340 in total. He explained how mid-roof inspections may be controversial but well worth it for the homeowners. Monica Duran From the citizen concerns with the Bulk Plane, she asked that it be added to future study sessions to hear more of what people have in mind and are thinking. Janeece Hoppe Thanked everyone coming out to the hearings to support their community and those who spoke on the many items. The mid-roof inspections did go to the planning division and it was decided to be kept on the books. In reality, it can be a hassle for the contractors but is keeping our community safer by having proper roofs put on. Zachary Urban With the passing of Chester Bennington the new Colorado suicide prevention hotline number is 1-844-493-8255. He alerted everyone for an upcoming event at Brewery Rickoli that is tapping their Oats and Goats beer; this is a national collaboration with Samuel Adams and is unique for this brewery. The Colorado Human Trafficking Council is meeting on July 28 at 9:00 AM at the Jefferson County Human Service building. Opioid and other substance abuse disorder subcommittee is meeting at the State Capital on August 1, at 9:00 AM. Mayor Jay Coffee with the Mayor will be Saturday, August 5 at 9:00 AM at Vinnolla's. Everyone is welcome to attend. Pints and Policies is this Wednesday at lnfinitus Pie on 39th Avenue and usually starts around 7:00 PM. City Clerk The City Clerk and election commission would be willing to field questions from the community for the mayor and City Council candidate forum and would be interested in hosting/emceeing the candidate forum with the final questions TDB by the election commission and Heather Geyer. ADJOURN TO SPECIAL STUDY SESSION The City Council Meeting adjourned at 9:14pm. Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON August 14, 2017 City Council Minutes July 24, 2017 Page 12 George Pond, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ®lln~- CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291H AVENUE, MUNICIPAL BUILDING August14,2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Zachary Urban Janeece Hoppe Kristi Davis Tim Fitzgerald George Pond Larry Mathews Genevieve Wooden Members Absent: Monica Duran (excused) Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Parks Director, Joyce Manwaring;-Administrative Services Director, Heather Geyer; Planner Lauren Mikulak, sitting in for the Community Development Director; interested citizens. APPROVAL OF Council Minutes of June 26, 2017 and Study Notes of July 17 and Special Study Session Notes of July 24, 2017 There being no objections, the minutes of June 26, 2017 and the Study Notes of July 17 and Special Study Session Notes of July 24, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES Second Opportunity for Public Input on the 2018 Budget The proposed 2018 budget will be presented to the Mayor and City Council on Monday October 2. A public hearing will be held on Monday, October 9, during which the City Council will consider adoption of the budget. No one was signed up to speak on the budget. CITIZENS RIGHT TO SPEAK Evan Clark (WR) thanked Councilmember Urban for attending the 4H Fair, showing his lamb in the celebrity livestock showing, and supporting the kids in the 4H auction. He said the kids work hard -15 hours a day for five days, and then sadly have to let go of their animals on Sunday. The Fair would not be possible without support from people like Zach Urban who buy and support our animals. Kids put their hearts and souls into the animals and having someone buy them and appreciate them really does help. City Council Minutes August 14, 2017 Page 2 Ian Clark (WR) shared that his blood, sweat and tears at the 4H Fair earned him Best of Breed Rabbit, Senior Goat Showmanship, and (toughest of all) Beef Showmanship. He expressed how hard it is to say goodbye to the animals they have worked with for 5 or 9 months. He thanked Zach Urban for doing so well in the celebrity livestock show and for purchasing animals and putting add-ons on several projects at the auction. John Clark (WR) told how the kids in the 4H Fair put in 15-16 hour days the week of the Fair. -He liked the Carnation Parade and thanked Leah Dozeman for her hard work on that. He went to the Festival and bought cookies from the Seniors and lemonade from Pennington School. He thanked Councilmember Wooden for putting on the bench auction; it was run very well. He won the WRHS bench, and gave a shout out to Heine's Market for winning the Everitt bench. He congratulated Joe DeMott on a successful Festival. -He appreciated Councilmember Urban competing against other celebrities in the 4H livestock showing; he got 4th place. He hopes folks will come next year and support the kids. He wishes more WR kids were involved. 4H is about many things. He urged parents to get their kids off the couch. Give him a call if you're interested. APPROVAL OF AGENDA 1. CONSENT AGENDA a) Resolution 28-2017 -Approving Action by Jefferson County Open Space to Subordinate the Reverter Clause on the Recreation Center Property at 4005 Kipling to permit a Drainage Easement [necessary per Jeffco Open Space requirements] b) Motion to approve the award of RFP-17-21 Insurance Broker Services to Insurance Management Associates, Inc. (IMA) of Colorado on a Commission- Based Agreement and to approve a one-year term with the option to renew for four additional one-year periods [related to providing employee benefits] c) Resolution 27-2017 -amending the Fiscal Year 2017 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $841,330 for On-Call Building Permit Inspections, Plan Review and other Support Services and Related Costs [related to the May hailstorm] Councilmember Mathews introduced the Consent Agenda. Motion by Councilmember Mathews to approve Consent Agenda Items a), b) and c); seconded by Councilmember Hoppe. Councilmember Urban asked to pull Item c). Motion by Councilmember Mathews to approve the Consent Agenda items a) and b); seconded by Councilmember Hoppe; carried 7-0. City Council Minutes August 14, 2017 Page 3 Motion by Councilmember Mathews to approve the Consent Agenda items c); seconded by Councilmember Pond. Councilmember Urban asked how much of the transfer of $765K was specifically for inspections, as opposed to plan reviews and other support services. Lauren Mikulak responded that most of it is for permit technicians and inspectors. Originally only about $30-35K was budgeted for plan review and electrical inspections. Mr. Urban noted that inspections averaged $30 in the 2009 storm and wondered about the costs this time. Ms. Mikulak noted that we are operating under an interim agreement; the permanent contract is still being negotiated to see if it will continue as an hourly rate or a cost per inspection. Discussion continued about the amount of money based on the number of permits anticipated. Ms. Mikulak noted that most of the single family permits are in; they haven't seen much yet for multi-family/commercial; estimating is hard. Mr. Urban expressed concern for allocating so much compared with the 2009 storm. Ms. Mikulak posed that staffing levels may have been lower back then, and she expounded on current staffing level issues. As of Friday there will be no on-staff inspectors -only contract inspectors. Councilmember Urban is concerned about allocating double what is being expected. Will we meet the demand by years end? Mr. Goff reported that these current numbers are based on expectations for the rest of the year. The 2018 budget process will include anticipated extra revenue. He noted that this money goes into a special account, and any money that is not spent for inspections will return to the General Fund Reserves. In response to Councilmember Mathews question, Mr. Goff said that yes, unused salary funds have been applied to the contract. Those funds are now depleted. Councilmember Wooden noted the labor shortage right now. The fact that we won't have any inspectors on staff speaks to the market. There is great demand for inspectors; they are skilled people, from out of state, during an emergency. Unfortunately the cost is high. The motion to approve Item c) carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 15-2017 -An Ordinance granting a Permanent Drainage Easement to Equinox Properties, LLC, for the purpose of constructing a Stormwater Structure on City-Owned Property Equinox Properties, LLC is expanding and conducting improvements to the Circle K located at 3805 Kipling Street. As part of these improvements a new storm water/drainage structure is required. This structure will be located in Lena Gulch on City- owned property, just south of the Recreation Center at 4005 Kipling Street. City Council Minutes August 14, 2017 Councilmember Pond introduced Council Bill 15-2017. Mayor Jay opened the public hearing. There were no speakers to swear in. No one from the public had signed up to comment. Staff presentation Page4 Ms. Manwaring said this is related to the reverter clause that was passed in the Consent Agenda. It allows this use (drainage) on land that was intended for park and recreation use. It grants a permanent easement. Councilmember Mathews asked if there were any concerns about the size for future development by other owners. Mr. Dahl said he assumes the project is adequate in size to address any future redevelopment. If not, any future upsizing would require going back to Jefferson County Open Space and coming back to the City for revision. Clerk Shaver assigned Ordinance 1627. Mayor Jay closed the public hearing. Motion by Councilmember Pond to approve Council Bill 15-2017, an ordinance approving a permanent drainage easement to Equinox Properties, LLC for the purpose of constructing a storm water structure on city-owned property on second reading and that it take effect fifteen days after final publication; seconded by Councilmember Fitzgerald; carried 7-0. ORDINANCES ON FIRST READING 3. Council Bill 16-2017 -An Ordinance approving the rezoning of property located at 6025 W. 40th Avenue from Commercial-One (C-1) to Residential-One (R-1C) (Case No. WZ-17-05/Shadow Homes) The proposed rezoning area includes two parcels totaling approximately one-third of an acre. The purpose of the zone change is to bring the property and its historical use as a residence into compliance with zoning regulations. Rezoning would also allow for the future construction of an additional home with an administrative subdivision review. Councilmember Urban introduced Council Bill 16-2017. Motion by Councilmember Urban to approve Council Bill 16-2017 -an ordinance approving the rezoning of property located at 6025 W. 40th Avenue from Commercial-One (C-1) to Residential-One (R-1C), on first reading, order it published, public hearing set for Monday, September 11, 2017 at 7:00 p.m . in City Council Chambers, and that it take effect fifteen days after final publication; seconded by Councilmember Hoppe; Councilmember Mathews asked about financial liability for developers when there is no discussion on 1st reading. Mr. Goff said developers are used to this process. City Attorney Dahl added that developers won't close on a property until after 2nd reading. City Council Minutes August 14, 2017 Page 5 The motion carried 7-0. 4. Council Bill 17-2017 -An Ordinance amending Section 5-41 of the Wheat Ridge Code of Laws concerning Building Permit Fees. An amendment to Section 5-41 of the Building Code is recommended in order to provide clarification on the definition of project valuation. As a result of a protest filed in 2017 with the City Treasurer, staff reviewed the administrative practices used in determining project valuation. At a recent study session staff and the City Treasurer proposed amending the current code language to provide greater clarity for the business community. Councilmember Hoppe introduced Council Bill 17-2017. Motion by Councilmember Hoppe to approve Council Bill 17-2017 -an ordinance amending Section 5-41 of the Wheat Ridge Code of Laws concerning building permit fees on first reading, order it published, public hearing set for Monday, August 28, 2017 at 7:00 p.m. in the City Council Chambers, and that it takes effect fifteen days after final publication; seconded by Councilmember Wooden; carried 7-0. CITY MANAGER'S MATTERS Mr. Goff thanked citizens and residents for their patience this weekend -there was a lot going on and a lot of road closures. He hopes the inconvenience wasn't too bad. We had two successful events Saturday-the closure of 39th Avenue for the great parade and then, an hour later, the closure of 32nd Avenue for the Colorado Classic Bike Race that came through. He also thanked the staff, Police, Public Works and Parks & Rec Departments for all their efforts. CITY ATTORNEY'S MATTERS none CITY CLERK'S MATTERS Clerk Shaver noted there is still plenty of time for candidates and potential candidates to pick up nomination petitions. The petitions must be turned in to the Clerk's office by 5:00pm on Monday, August 28. -She alerted candidates that the lot drawing for ballot placement will be on Tuesday, September 5. -Folks should also save the date for the Candidate and Issues Forum on Tuesday, October 3 to be held in Council Chambers. The public is invited to attend. ELECTED OFFICIALS' MATTERS Janeece Hoppe noted that Treasurer DiTullio asked her to go over the bi-weekly report for roofing permits and inspections. She noted from May 8 through Aug 6 there has been $1.7M collected for roofing permits. Zachary Urban thanked everyone who came out for the parade and festival; his family had a great time. He appreciates the work by the police and staff to keep everyone safe and doing those road closures. -He noted the problems with the traffic signal at 44th & City Council Minutes August 14, 2017 Page6 Wadsworth. He's been in contact with COOT and together with staff they are working to correct it by replacing the detection system. Kristi Davis thanked the volunteers for the Carnation Festival. She noted a WRHS graduate did the fireworks. -She asked Mr. Clark to let him know when the 4H event is next year and congratulated his kids for all their hard work. Tim Fitzgerald added that the unusual expenses in the roofing report have been $233,000 for contract labor. Genevieve Wooden thanked everyone who bid on the school benches for the auction at the Carnation Festival. Everitt Middle School won with $400. All proceeds from the silent bidding will go to the art departments at the various schools. She also thanked the schools for participating in the project. Mayor Jay thanked the citizens who turned out for the Carnation Festival and parade. - She announced a free demonstration of a driverless vehicle on Wednesday, August 16 from 10-3 at the Pepsi Center. It holds 12 people -six sitting and six standing, goes 12 miles per hour, and has no steering wheel. She thinks it will be fun. ADJOURNMENT The City Council Meeting adjourned at 7:38 APPROVED BY CITY COUNCIL ON August 28, 2017 George Pond, Mayor Pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 291h Avenue August 7, 2017 Mayor Joyce Jay called the Study Session to order at 6:30p.m. Council members present: Monica Duran, Zachary Urban, George Pond, Kristi Davis, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Absent: Janeece Hoppe (excused) Also present: City Clerk, Janelle Shaver; City Manager Patrick Goff; Administrative Services Director , Heather Geyer; Public Works Director, Scott Brink; other staff, guests, and interested citizens CITIZEN COMMENT ON AGENDA ITEMS Carol Mathews (WR) expressed frustration in attending many staff-controlled citizen meetings (381h Ave, ADU's, Wadsworth configuration) where issues were presented with controlled rhetoric and left no options for citizen input. Citizens with other ideas have been cut off or threatened with expulsion. She now hears that councilmembers, including those who are candidates, believe the Council and the City staff should control who hosts the election forum, and that staff should select the questions. She gave several reasons why she thinks this is not democratic. Tom Slattery (WR) stated he was deeply involved in the organization and presentation of the WR United Neighborhoods Candidates and Issues Forum for over 20 years and was the moderator many times. The City generously provided the use of Council Chambers. It was understood this was a courtesy and that the City was not a partner, sponsor or overseer of the Forum. It was understood that any City review, editing, contribution or approval of the content would create the appearance of prior restraint or censorship. It was also understood that WRUN would maintain impartiality and would not take a stand on any issue at the forum or give the appearance of same. WRUN was to follow all FCC requirements, and always did. Because of WRUN's commitment to impartiality, the fact that WRUN was active in City issues was not considered a reason to bar them from use of the Council Chambers. He feels that any organization willing to commit to impartiality should not be barred from using the Council Chambers. The WRUN forum was conducted in complete freedom and the great integrity of the event was continuously applauded by mayors, councils, administrations and city attorneys over the years. They assumed it was City policy to allow the use of Council Chambers for purposes of conducting an annual election forum by a competent organization. The WRUN forum has always enjoyed the highest reputation with candidates and issues activists, and he hopes that reputation continues for many years to come. Vivian Vos (WR) Regarding the candidate forum, she suggested some people's noses got bent out of shape and she's not sure why. She proposed that the City Clerk draw names from a hat and candidates speak for a given amount of time. She thinks a moderator and questions are not necessary due to modern technology, and that all the STUDY SESSION NOTES: August 7, 2017 Page -2- City need do is name the date/time and arrange for the videographer. The "host" could be chosen by drawing lots from a list of interested parties, and whoever conducts the forum would not be eligible to do it the following year. She doesn't think City Council should be involved as it runs well without them. She also believes that councilmembers who are candidates should not be involved in making any policy about the forum. .L Staff Report( s) none 2. Denver Water Presentation -Scott Brink Katie Knoll, Community Relations Manager from Denver Water, and Jim Light, also from Denver Water, were present to update Council on the upgrading and modernization of the North System. Ms. Knoll noted that Denver Water will be celebrating 100 years of service in 2018. It is the oldest and largest utility in Colorado. They deal only with drinking water and serve 1.4M people -including contractors that provide water for WR residents. Upgrading and modernization of the North System is needed to maintain reliable water delivery. She went through the four components of the project. 1. Ralston Reservoir Connection: This project involves an upgrade and improvements to connect Ralston Reservoir to the Northwater Treatment Plant. This includes replacing and upgrading the 1930's-era pipelines and valves that allow water to be released from the reservoir. 2. Northwater Treatment Plant: A new, state-of-the-art water treatment plant will be built next to the Ralston Reservoir north of Golden. The Northwater Treatment Plant will be capable of treating up to 150 million gallons of water a day and will be equipped with disinfection technology that will provide flexibility to react to changes in water quality. 3. Northwater Pipeline: A seven-foot diameter pipeline will be installed along an 8.5- mile route from Ralston Reservoir to the Moffat site in Lakewood (near 2Qth & Simms), replacing two existing smaller diameter pipelines. The new pipeline will transport treated water from the newly built Northwater Treatment Plant to the Moffat site for distribution to customers. 4. Moffat Distribution Site: The existing Moffat Treatment Plant, originally constructed in 1937, will be re-purposed into a storage and distribution site for the treated water coming from the new Northwater Treatment Plant. Related specifically to Wheat Ridge: • A tunnel will be constructed from the Fairmount area through the Clear Creek Crossing property, under 1-70 and the Applewood Shopping Center. • In the area of Mountain Shadows Drive about 28 properties are within the easement and will be directly impacted. Denver Water has met with each of them at their home and has been in contact with them for two years. • Construction under the BNSF Railroad near 44th & Eldridge and under Highway 58 will begin in October. STUDY SESSION NOTES: August 7, 2017 Page -3- • There will be open trenches on the south side of 44th near Eldridge, and by the Clear Creek Bike trail. Street closures and detours will happen this fall. She added that safety is the #1 priority. Denver Water takes pride in being a good neighbor -noting they are committed to clean, well-managed worksites; minimizing construction impact to neighbors; communicating regularly with the community and individually impacted residents; and responding promptly to questions and concerns. Another, more detailed, mailing, will be going out. She has been meeting with city and county PIO's and other community groups. A website will be up soon that includes a fact sheet and detailed infographics. 2017 and 2018 will be tunneling projects. Pipeline installation and the Ralston Reservoir Connection will overlap with the Moffat Distribution Site and Northwater Treatment Plant during the following five years. Questions from the Council followed. Councilmember Urban had questions answered: 1) There is regular coordination with the Fairmont and West Metro Fire Departments. 2) There will be no impact on day-to-day water delivery. 3) There will be no changes in water pressure. Water pressure varies within the distribution system, with the average ranging from 80-100 PSI. Councilmember Mathews asked if there has been coordination with the developer of the Clear Creek Crossing property. Mr. Goff said coordination with the developer has been ongoing for about two years on the pipeline and the hook ramps. He reminded Council of their recent approval of an IGA for $20K to authorize Denver Water to do redesign work for the bore pit on the west side of 1-70. That has concluded and both projects can proceed simultaneously. Mr. Light reported that Denver Water meets with Evergreen as well. 3. 38th Ave. Pedestrian Lighting Replacement -Scott Brink Mr. Brink explained this relates to the damage from the May hailstorm to decorative streetlights on 38th Ave from Harlan to Sheridan. 42 of 72 lighting units were damaged. Stock piles for replacement are depleted and the current model is discontinued. New ones will need to be purchased. A design can be chosen that is similar to existing light fixtures, or a new style can be purchased for all 72 lights. There are options. It depends on what Council wants. The City's insurance carrier (CIRSA) has authorized replacement of the 42 damaged fixtures at a cost of $3,234 each, totaling $135,828. 30 units were not damaged and therefore are not eligible for reimbursement should the City wish to replace them. The $3,234 unit amount is essentially the cost to replace the fixture units and poles with the City's standard LED ornamental lighting unit, similar to what has been installed at Town Center North and Kipling Ridge (Attachment 2). The price is a materials cost only, but CIRSA has indicated that installation costs will also be eligible for reimbursement. Discussion points included: STUDY SESSION NOTES: August 7, 2017 Page -4- • Existing fixtures violate the dark skies principles. It is an opportunity to follow the dark skies principle by replacing all units, and have insurance pay for half of them. • This would involve an insurance claim. • The fixtures in question are all east of Harlan. • Could we use Urban Renewal funds the WR Cyclery money? Yes. • It was suggested to use the 30 undamaged fixtures at other locations such as parks. • Continuity of design was generally supported. • The dark skies principle allows for areas where ambient light is needed for activity. • The dark skies principle is not required by ordinance; it's something Excel pushes. Councilmember Davis received unanimous consent to proceed with the replacement of light fixtures along the 3Sth Avenue corridor with an eye to standardization of design, and to repurpose useable fixtures in other places in the city; and further to approach Urban Renewal for any possible funding. 4. Run Hide Fight Video -Chief Brennan The Chief introduced the topic. In June 2016, a facility assessment of City Hall was conducted and a national model has been adopted. It provides guidelines for officers, employees, and councilmembers for what to do in an active shooter situation. Commander Mike Hendershot highlighted the process that was used to analyze our workplace safety. • The employee evacuation map that was developed was distributed to Council. • The complete list of things that could be done will take a long time to implement. • He played the Run, Hide, Flight video and elaborated on it. • He presented a power point on Workplace Safety. • He briefly addressed Active Shooter situations, what was learned in the analysis process, and things to expect during an incident and when the police come. Discussion and questions followed. • Have we reached out to other soft targets in the community such as churches or grocery stores? Chief Brennan said we have reached out to Lutheran and certain churches on this. We work closely with the schools and if we get calls from businesses or other elements of the community, we will assist with training. • Councilmember Davis suggested banners on computers to alerting employees of an active shooter. • Mr. Goff noted the Rec Center is well-versed and well-trained in safety procedures. • Clerk Shaver noted that since she is in the building daily she can vouch for the repeated analysis and discussions with the staff safety committee, then the Police, and then the professional consultant. She said active shooter response is discussed by employees. • Councilmember Urban thanked staff for balancing accessibility and safety. • The Chief noted that training for councilmembers would be beneficial. Councilmember Wooden inquired how National Nite Out would. Chief Brennan said it went well and elaborated on the positive impacts of the event. Councilmember Urban, who attended with his family, said it was a lot of fun and was well put together. STUDY SESSION NOTES: August 7, 2017 Page -5- 5. Election Forum -Heather Geyer Councilmember Urban read a statement recusing himself from the discussion on the election forum, since he is a declared candidate. He doesn't think it is appropriate for candidates or their registered agents to set the rules. He left the Chambers at 7:48pm. Councilmember Fitzgerald noted he is also a candidate, but does not think participating in this discussion violates any ethics rules. He will participate in the discussion. Councilmember Davis declared that she is a registered agent for a candidate and expressed willingness to recuse herself if Council wished. She will speak on behalf of feedback she has been given, not her own opinion. Discussion on policy-making followed. • Councilmember Wooden: This is only a discussion -no policy will be set. • Councilmember Mathews: Recommendations would come from this discussion. • Mayor Jay: Policy would be handled differently than a choice Council makes tonight. • Councilmember Davis suggested that any policy would be set after this forum. • Councilmember Duran: She understood tonight's discussion would affect this year's forum. Mayor Jay said it would, but any policy that is made would be for the future. • Mr. Goff clarified that tonight's discussion need only be about this year's forum. • Councilmember Duran asked what would be covered in the forum. Ms. Geyer and Mr. Goff said it would cover all levels of candidates and all issues on the ballot. Discussion about who should host this year's forum proceeded with no further recusals. Councilmember Mathews asked for a description of how we got here tonight. Heather Geyer reviewed the history of the Forum. It was hosted by WR United Neighborhoods every year (except 2009, hosted by Enterprise Wheat Ridge) until last year. In 2016 the WR Chamber did it; there were no City candidate races. The City pays for the videography, replays the forum on Channel 8 and has it available on the website. In April she reached out to the WR Chamber and WRUN. The Chamber responded; WRUN did not. After July 4th CFIWR expressed interest in participating. The WR Chamber is willing and can do it either alone or with assistance from CFIWR. What other cities do was presented at last week's Special Study Session. We are at a decision point for who Council wants to host a forum. The date of October 3 has been set. There was interest in having the League of Women Voters (LWV) host a forum, so staff reached out to them and asked them to hold the date. • Councilmember Wooden said she asked for this to be placed on the agenda because she found out a mayoral candidate is on the board of the WR Chamber. She likes the idea of a forum, but would like there to be a policy. She objects to any group being allowed to host if one of their members is a candidate. • Councilmember Duran read into the record an email from resident Jessica Fasy protesting having the WR Chamber host an election forum because they are biased. Joe DeMott is their president. She stated this is an official Wheat Ridge City event, is played on Channel 8, and is funded by the City. Having CFIWR cohost is also inappropriate because they are incredibly biased; they have received funding from STUDY SESSION NOTES: August 7, 2017 Page -6- Joe DeMott. She wants Council to set guidelines disallowing hosting by any organization that has a board member who is a candidate. She would like this and all future forums to be hosted by the LWV. • Councilmember Duran expressed preference for asking the LWV to host, but she would like questions to come from citizens not the staff. • Councilmember Pond agreed with Councilmember Duran and favors drawing ·the questions from a hat. He thinks any group that hosts should commit to removing any perception of bias. • Councilmember Fitzgerald expressed the WRUN forums were fantastic, but they haven't applied so maintaining the appearance of impartiality is his concern. He prefers the LWV, and would like to discuss how the questions happen. • Councilmember Davis doesn't think either of the groups who asked to host would come with an agenda or show bias; she is only concerned about the perception. • Sara Spaulding, PIO for the City, said she and Ms. Geyer have talked with the LWV. They have a process and are able to provide questions. • Councilmember Duran asked if funds were available to pay for a moderator. Ms. Geyer said they could find money for that. Lakewood hires a TV personality. LWV would find a moderator from amongst its membership. • Councilmember Mathews asked if the LWV has confirmed ability to host. Yes. Councilmember Mathews asked for consensus 1) to use the LWV as host and moderator for this year's forum, 2) to have citizens be allowed to submit questions, and 3) to finalize a permanent policy after this election. Councilmember Duran asked for division of the question. No vote was taken. Discussion continued. Mayor Jay allowed Tom Slattery to speak. Mr. Slattery encouraged continuation of the past practice of covering the entire WR ballot -including candidates at all levels and all issues. Some councilmembers expressed agreement with that. There was unanimous consent to ask the LWV to host a forum. Councilmember Duran received unanimous consent to have the LWV provide the questions. Councilmember Mathews received unanimous consent to let the LWV provide the moderator. There was agreement to talk about guidelines for future forums after the election. Councilmember Urban returned to the Chambers at 8:20pm. 6. Elected Officials' Report{s) Kristi Davis reported that the Urban Renewal Authority met last week. They heard a presentation from The Swiss Flower Shop requesting a TIF for an addition they are planning, and a presentation from Hacienda Colorado. STUDY SESSION NOTES: August 7, 2017 Page -7- Tim Fitzgerald reported that the WR Business District approved several grants for the owner of a building on 44th Avenue just west of Wadsworth. The building is for rent and is being refurbished to suit the new tenant. It's where the fireplace store was. Larry Mathews reported that, contrary to rumors he has heard, he is not resigning his seat due to dire medical needs. Borrowing from Mark Twain, he said the report of his impending doom and resignation is greatly exaggerated and not to be believed. Mayor Joyce Jay reported there is an opening on the Urban Renewal Authority. She and Chairman Tim Rogers have met with three candidates. Applications are still being taken until August 15. -She reported attending the Metro Mayor's Caucus last week. There was information given on 1) a possible ballot question on instituting a transportation tax, and 2) the Ward Station. Testing has gone well; they are close. - She expressed concern that a speaker feels we are unfair to speakers in giving them time to speak. She doesn't think that is the case, but is concerned because we try very hard to be fair to all speakers. Patrick Goff noted the Carnation Festival is this weekend. He asked councilmember to let him know if they want to walk with the City and if they need anything. Larry Mathews requested an easy chair on wheels with a fan and a cold drink. Mr. Goff said he will work on that. Clerk Janelle Shaver reminded folks that tomorrow is the first day for candidates to pick up their nomination petitions. They must be submitted by August 28. ADJOURNMENT The Study Session adjourned at 8:28 pm. APPROVED BY CITY COUNCIL ON August 28, 2017 nelle Shaver, City Clerk George Pond, Mayor Pro Tern ITEM NO: DATE: August 28, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2017 – AN ORDINANCE AMENDING SECTION 5-41 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING BUILDING PERMIT FEES PUBLIC HEARING ORDINANCES FOR 1ST READING (08/14/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/28/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ City Treasurer City Manager ______________________________ Administrative Services Director ISSUE: An amendment to Section 5-41 of the Building Code is recommended in order to provide clarification on the definition of project valuation. As a result of a protest filed in 2017 with the City Treasurer, staff reviewed the administrative practices used in determining project valuation. Staff and the City Treasurer proposed amending the current code language to provide greater clarity for the business community. PRIOR ACTION: Staff presented the recommended code amendment to City Council at the July 17, 2017, Study Session. Council provided staff with consensus to bring the code amendment forward. FINANCIAL IMPACT: None BACKGROUND: A contractor submitted a use tax refund request to the Tax Division for a completed construction project. Following the long-standing practice established at the direction of a former Community Council Action Form – Amendment to Section 5-41 Building Permit Fees August 28, 2017 Page 2 Development Director, Tax Division staff audited the project and valued the completed project based on its contract (or purchase) value. As the refund request was processed, it was discovered that the Building Division uses a different method of project valuation when building plans are first filed and building permits are issued. The Building Division uses the cost-of-construction valuation established by the International Construction Code (ICC). Either method of valuation can be used, as long as the City’s internal practices and information provided to the public are consistent. The Tax Division staff conducted a survey of other Colorado cities and found that, out of the 17 respondents, only Greenwood Village and Denver use contract/purchase price to value construction projects. Most jurisdictions use the cost-of-construction valuation method. After considering the data, staff, the City attorney and the treasurer reached a consensus that the cost-of-construction valuation is consistent with common practice among other cities in Colorado and is a business-friendly approach. It was also determined that a Code amendment that defines “valuation” and “total value” would provide clarity concerning the City’s valuation method and hopefully avoid future inconsistencies. Staff and the treasurer recommend amending Section 5-41 of the Code to include a definition of the terms “valuation” and “total cost” as a matter of clarity, and that cost-of-construction, as set forth in the ICC, be used at the time a construction project permit is issued. RECOMMENDATIONS: Staff recommends approval. RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2017, an ordinance amending Section 5-41 of the Wheat Ridge Code of Laws concerning building permit fees on second reading, and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 17-2017, an ordinance amending Section 5-41 of the Wheat Ridge Code of Laws concerning building permit fees(s) for the following reason(s) ________ _______________________________________.” REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Jerry DiTullio, City Treasurer Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance No. 17-2017 2. Building Valuation Data, February 2017 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE Council Bill No. 17 Ordinance No. _________ Series 2017 TITLE: AN ORDINANCE AMENDING SECTION 5-41 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING BUILDING PERMIT FEES WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City, acting through its City Council (the “Council”), possesses the authority to adopt building and fire regulations; and WHEREAS, pursuant to this authority, the City previously adopted building and fire regulations, including an administrative and enforcement process related thereto, codified as Chapter 5 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, Section 5-41 of the Code addresses building permit fees, which are typically calculated by reference to project “valuation” or “cost”; and WHEREAS, the Council desires to clarify and codify the manner in which building project valuation and cost shall be calculated by the City, for purposes of permit fee assessment. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-41 of the Code, concerning building permit fees, is hereby amended as follows: Sec. 5-41. Fees. (a) All fees related to public works building permit review and processing under this chapter shall be established by Council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. (b) The government of the United States of America, the state of Colorado and its political subdivisions, the city and all agencies and departments thereof shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such agencies or departments and devoted exclusively to governmental use. Attachment 1 2 (c) The fee for a supplementary permit to cover any additional valuation not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire valuation. (D) PERMIT FEES IMPOSED UNDER THIS CHAPTER THAT RELATE TO “VALUATION,” “TOTAL COST” OR SIMILAR REFERENCE TO THE MONETARY VALUE OF A PROJECT SHALL BE CALCULATED BY REFERENCE TO THE MOST RECENT BUILDING VALUATION DATA (BVD) PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (ICC). THE BVD REPRESENTS AVERAGE COSTS-OF-CONSTRUCTION BASED ON TYPICAL CONSTRUCTION METHODS FOR EACH OCCUPANCY GROUP AND TYPE OF CONSTRUCTION. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14th day of August, 2017, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 28, 2017, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, PUBLIC HEARING CONDUCTED, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2017. SIGNED by the Mayor on this _____ day of ____________, 2017. Attachment 1 3 _________________________ Joyce Jay, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: August 17, 2017 Second Publication: Wheat Ridge Transcript Effective Date: Building Valuation Data – FEBRUARY 2017 The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in August 2017. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities. The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2015 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction. ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction. This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results. Building Valuation The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are “average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction. Permit Fee Multiplier Determine the Permit Fee Multiplier: 1.Based on historical records, determine the total annualconstruction value which has occurred within thejurisdiction for the past year.2.Determine the percentage (%) of the building department budget expected to be provided bybuilding permit revenue.3. Example The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. The total annual construction value which occurred within the jurisdiction in the previous year is $30,000,000. Permit Fee The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier. Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier Example Type of Construction: IIB Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Height: 2 stories Permit Fee Multiplier = 0.0075 Use Group: B 1.Gross area:Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft.2.Square Foot Construction Cost:B/IIB = $161.91/sq. ft.3.Permit Fee:Business = 16,000 sq. ft. x $161.91/sq. ft x 0.0075= $19,429 Bldg. Dept. Budget x (%) Total Annual Construction Value Permit Fee Multiplier = $300,000 x 75% $30,000,000 Permit Fee Multiplier = = 0.0075 Attachment 2 Important Points •The BVD is not intended to apply to alterations orrepairs to existing buildings. Because the scope ofalterations or repairs to an existing building varies sogreatly, the Square Foot Construction Costs tabledoes not reflect accurate values for that purpose.However, the Square Foot Construction Costs tablecan be used to determine the cost of an addition that isbasically a stand-alone building which happens to beattached to an existing building. In the case of suchadditions, the only alterations to the existing buildingwould involve the attachment of the addition to theexisting building and the openings between theaddition and the existing building. •For purposes of establishing the Permit Fee Multiplier,the estimated total annual construction value for a given time period (1 year) is the sum of each building’svalue (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). •The Square Foot Construction Cost does not includethe price of the land on which the building is built. TheSquare Foot Construction Cost takes into accounteverything from foundation work to the roof structureand coverings but does not include the price of theland. The cost of the land does not affect the cost ofrelated code enforcement activities and is not includedin the Square Foot Construction Cost. Square Foot Construction Costs a, b, c Group (2015 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 229.26 221.37 216.01 207.16 194.94 189.29 200.61 178.00 171.48 A-1 Assembly, theaters, without stage 210.11 202.22 196.86 188.01 175.94 170.29 181.46 158.99 152.48 A-2 Assembly, nightclubs 179.28 174.08 169.68 162.81 153.48 149.24 157.08 138.97 134.26 A-2 Assembly, restaurants, bars, banquet halls 178.28 173.08 167.68 161.81 151.48 148.24 156.08 136.97 133.26 A-3 Assembly, churches 212.12 204.22 198.87 190.01 178.14 172.49 183.47 161.20 154.68 A-3 Assembly, general, community halls, libraries,museums 176.94 169.04 162.69 154.83 141.96 137.30 148.28 125.01 119.50 A-4 Assembly, arenas 209.11 201.22 194.86 187.01 173.94 169.29 180.46 156.99 151.48 B Business 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97 E Educational 194.27 187.38 182.00 173.88 162.37 154.12 167.88 141.89 137.57 F-1 Factory and industrial, moderate hazard 109.64 104.60 98.57 94.77 85.03 81.17 90.78 71.30 66.75 F-2 Factory and industrial, low hazard 108.64 103.60 98.57 93.77 85.03 80.17 89.78 71.30 65.75 H-1 High Hazard, explosives 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 N.P. H234 High Hazard 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 59.94 H-5 HPM 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97 I-1 Institutional, supervised environment 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 I-2 Institutional, hospitals 307.93 301.16 295.35 286.86 271.68 N.P. 280.50 253.65 N.P. I-2 Institutional, nursing homes 213.36 206.59 200.78 192.29 179.07 N.P. 185.93 161.04 N.P. I-3 Institutional, restrained 208.19 201.43 195.62 187.12 174.39 167.85 180.76 156.37 148.68 I-4 Institutional, day care facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 M Mercantile 133.57 128.37 122.97 117.10 107.27 104.03 111.38 92.75 89.05 R-1 Residential, hotels 185.63 179.39 174.24 166.97 153.72 149.58 167.06 137.86 133.61 R-2 Residential, multiple family 155.74 149.50 144.35 137.09 124.57 120.43 137.17 108.71 104.47 R-3 Residential, one- and two-family d 145.23 141.28 137.64 134.18 129.27 125.87 131.94 120.96 113.85 R-4 Residential, care/assisted living facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19 S-1 Storage, moderate hazard 101.63 96.58 90.55 86.75 77.22 73.36 82.76 63.48 58.94 S-2 Storage, low hazard 100.63 95.58 90.55 85.75 77.22 72.36 81.76 63.48 57.94 U Utility, miscellaneous 78.63 74.24 69.76 66.20 59.84 55.88 63.23 47.31 45.09 a.Private Garages use Utility, miscellaneousb.For shell only buildings deduct 20 percentc.N.P. = not permittedd.Unfinished basements (Group R-3) = $21.00 per sq. ft.Attachment 2 ITEM NO: DATE: August 28, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2017 – A RESOLUTION ADOPTING A REVISED CITY PURCHASING POLICY AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: There are three amendments to the City purchasing policy recommended for City Council approval: 1. Increase the purchasing card single transaction limit from $3,000 to $5,000 2. Revise the purchasing signature approval levels to the following: a. Department Designee: Up to $5,000 b. Department Director: Over $5,000 up to $25,000 c. City Manager: Over $25,000 up to$100,000 d. City Council: Over $100,000 3. Revise the purchasing acquisition limits for goods to the following: a. Combine goods and services purchasing types to simplify purchasing processes for staff city-wide i. Allow discretionary purchases up to $5,000 ii. Informal quotes (written) over $5,000 up to $25,000 iii. Formal bids and proposals over $25,000 b. Establish a specific category for professional services, awards based on qualifications per the Brooks Act, and defined as professional services provided Council Action Form – Revised Purchasing Policy August 28, 2017 Page 2 by architects, engineers, landscape architects, surveyors and land surveyors i. Discretionary selection among on-call consultants for tasks up to $25,000 ii. Informal quotes or Request for Proposals (RFP’s) among on-call consultants for tasks over $25,000 up to $50,000 iii. New formal Request for Qualifications (RFQ’s) aka Statement of Qualifications (SOQ’s) for consultant selection over $50,000 c. Specific to CIP and construction i. Informal quotes over $25,000 up to $100,000 ii. Formal solicitations over $100,000 The proposed policy changes will streamline the City’s purchasing and contracting processes in the following ways: • Streamline the award notification process and payment process • Increase the revenue share in the purchasing card program • Provide quicker payment to vendors • Eliminate redundancy in approval processes • Increase accountability at management and staff levels • Shorten formal procurement time from preparation to award of contract The Purchasing and Contracting Division, a division of the Administrative Services Department, is composed of a full-time Purchasing Agent and a .5 part-time Purchasing Technician. The Purchasing Division provides purchasing and contracting services to the entire City. To continue to meet demand for complex procurement services, the proposed amendments are in alignment with maintaining a business-friendly community and improving service to our internal and external customers. Overall, the City purchasing policy provides direction on how appropriated funds (funds approved by City Council in the annual operating budget) are procured. PRIOR ACTION: City Council provided consensus to staff at the Monday, August 21, 2017 Study Session to bring the items forward to the August 28, 2017 Council meeting. FINANCIAL IMPACT: The three recommended policy amendments are expected to streamline the provision of procurement services and have a positive financial impact on the City. BACKGROUND: Attachment 2 and Figure 1 illustrate a metric that is used to assess capacity and level of service in the Purchasing Division. Purchasing volume is driven by increases in the overall City budget Council Action Form – Revised Purchasing Policy August 28, 2017 Page 3 (to include General Fund, CIP and special revenue funds). Performance metrics outlined at the top of Attachment 2 show the number of solicitations by type, yet due to the complexity and timing of various purchasing and contracting processes and because each project can have unique variables, it is difficult to quantify the average time spent on a formal bid. While staff within each department are relied upon for their expertise for project scope development, bid evaluation etc., the coordination of the formal bid and proposal processes for all departments is managed by the Purchasing Division. As specifications and plans are developed, purchasing staff is consulted regarding procurement type, award criteria and schedule, subject to the priorities of internal customers. Solicitation scheduling begins with consideration of Council meeting dates and project priority, funding sources such as federal grants, and the number and type of solicitations in process at that time. Multiple staff members are included in the procurement process which includes solicitation postings; pre-bid, bid opening and shortlist meetings; communication with bidders; interviews; site visits or demonstrations; reference checks and other evaluation discussions; and preparation of the CAF. Purchasing staff continually looks for ways to streamline and create efficiencies in work processes for the benefit of all departments. The recommendations outlined in this memorandum are ways staff can continue to maintain the level of procurement related services, anticipating an increasing volume of complex work, without the need to significantly increase staffing levels. Figure 1: Total Dollars Expended YEAR TOTAL EXPENSED DOLLARS 2012 $7,574,509 2013 $13,144,313 2014 $7,927,266 2015 $10,676,158 2016 $8,955,413 2017 PROJECTED $9,350,000 (does NOT include hailstorm repairs or hook ramp construction at Clear Creek Crossing) Attachments have been provided to visually demonstrate the current purchasing guidelines and approval levels (Attachment 3), and the proposed purchasing guidelines and approval levels (Attachment 4). The results of a recent Purchasing Limit and Approval Survey (Attachment 5), update the information provided to Council in 2011. Council Action Form – Revised Purchasing Policy August 28, 2017 Page 4 RECOMMENDATIONS: The proposed purchasing limit increases and approval level changes are outlined in the three recommended amendments below: Amendment #1: Purchasing Card Single-Purchase Limit Staff is recommending increasing the standard purchasing card single transaction limit from $3,000 to $5,000. Purchasing cards (P-cards) have been used by City staff since 1997. Technology improvements continue to expand the ease of use of P-cards, such as for on-line purchases or direct payment to vendors via phone. The number of vendors who accept P-cards as a method of payment also continues to increase. The City benefits when using P-cards through Commerce Bank’s tiered volume rebate program. Figure 2 below demonstrates the volume of the City’s P-card usage. Until 2014, the City was able to pay utility bills using the P-card. Xcel and other utility providers began charging excessive fees to make large payments using a P-card, and the City determined that it is no longer a cost effective payment method for utility payments. However, the overall rebate is still relevant, as shown on the following chart, but to a lesser degree. Figure 2: Purchasing Card YEAR P-Card Volume Rebate Utility Volume Utility Rebate Total Volume Total Rebate 2011 $1,547,081.00 $9,359.00 $891,403.00 $5,421.00 $2,438,484.00 $14,780.00 2012 $1,754,225.00 $10,899.00 $956,412.00 $3,188.00 $2,710,637.00 $14,087.00 2013 $1,746,690.00 $11,134.00 $908,897.00 $4,460.00 $2,655,587.00 $15,594.00 2014 N/A N/A N/A N/A $1,394,057.00 $8,691.00 2015 $1,740,431.00 $9,673.00 N/A N/A $1,740,431.00 $9,673.00 2016 $1,707,850.00 $10,429.00 N/A N/A $1,707,850.00 $10,429.00 2017 6-mo $814,126.00 $4,937.00 N/A N/A $814,126.00 $4,937.00 By increasing the single purchase limit from $3,000 to $5,000 (the discretionary purchase limit for goods and services) an option for payment by P-card, instead of a check, is added. This has the potential to increase P-card spending, decreasing processing time to vendors and increasing the rebate program revenue share. Amendment #2: Signature Approval Levels In an effort to maintain level of service with the increased purchasing volume, staff is recommending that signature approval levels be changed to the following tiered structure shown in Figure 3 below: Council Action Form – Revised Purchasing Policy August 28, 2017 Page 5 Figure 3: Purchasing Signature Approval Levels DEPARTMENT DIRECTOR FROM: Over $5,000 up to $15,000 TO: Over $5,000 up to $25,000 CITY MANAGER FROM: Over $15,000 up to $35,000 TO: Over $25,000 up to $100,000 CITY COUNCIL FROM: Over $35,000 TO: Over $100,000 Seventeen cities and five counties were recently surveyed regarding their current purchasing policies related to limits and approvals. Eleven cities and three counties have made upward changes as compared to a similar survey conducted in 2011. Another four entities, in addition to Wheat Ridge, are proposing changes for their organizations. One significant comparison regarding Council approval/re-approval levels of budgeted goods, services and CIP projects is shown below. Figure 4: Council Approval Level Survey RE-APPROVAL LEVELS LOCAL AGENCY $25,000 City of Englewood, Adams County, Boulder County $35,000 City of Wheat Ridge (current) $50,000 City of Arvada, City of Brighton, City of Northglenn $60,000 West Metro Fire District $75,000 City and County of Broomfield, City of Westminster, Larimer County $100,000 Town of Parker, Jefferson County, South Metro Fire Rescue, City of Golden, and the City of Wheat Ridge (recommended) Over $100,000 City of Aurora, City of Fort Collins (if sole source), City of Loveland, Metro Wastewater, City of Centennial Not Required (if approved in budget) City of Boulder, City of Denver, City of Durango, City of Fort Collins, City of Greeley, City of Lakewood, City of Longmont, City of Thornton, Arapahoe County, CDOT and the State of Colorado Council Action Form – Revised Purchasing Policy August 28, 2017 Page 6 Amendment #3: Purchasing Acquisition Limits The third recommendation includes amending purchasing acquisition limits as outlined below: 1. Combine goods and services purchasing types to simplify purchasing processes for staff city-wide a. Allow discretionary purchases up to $5,000 b. Informal quotes (written) over $5,000 up to $25,000 c. Formal bids and proposals over $25,000 2. Establish a specific category for professional services, awards based on qualifications per the Brooks Act, and defined as professional services provided by architects, engineers, landscape architects, surveyors and land surveyors a. Discretionary selection among on-call consultants for tasks up to $25,000 b. Informal quotes or Request for Proposals (RFP’s) among on-call consultants for tasks over $25,000 up to $50,000 c. New formal Request for Qualifications (RFQ’s) aka Statement of Qualifications (SOQ’s) for consultant selection over $50,000 The Brooks Act (public Law 92-582), also known as Qualification Based Selection (QBS), which was enacted on October 18, 1972, establishes the procurement process by which architects and engineers (A/E) are selected for design contracts with federal design and construction agencies. Contracts for A/E’s are negotiated on the basis of demonstrated competence and qualification for the type of professional services required, at a fair and reasonable price. Under QBS procurement procedures, price quotations are not a consideration in the selection process. This process, while not required for the City of Wheat Ridge (except when a sub-recipient of federal grant dollars), has been adopted in various ways by non-federal agencies, including Wheat Ridge, as a procurement best practice. Adding a specific category for professional services will relieve several constraints felt under the current $25,000 informal bid limits. As a result of the current limit, work projects have been broken into small pieces in order to use consultants that have been selected through an established QBS process and contracted on an on-call basis, based on known fee and profit schedules. The City will benefit by being able to work more efficiently with these consultants, and the consultants will spend less time and money responding to solicitations for relatively small dollar awards, as was just seen with one on-call consultant abstaining from a recent request, RFP-17-22 Land Surveying Services for ROW Corrections. 3. Specific to CIP and construction a. Informal quotes over $25,000 up to $100,000 b. Formal solicitations over $100,000 Council Action Form – Revised Purchasing Policy August 28, 2017 Page 7 The current discretionary limit for construction is $25,000, and that still seems reasonable for the City. Raising the informal quote limit for construction from $50,000 to $100,000 is intended to reflect the current construction supply and demand issues, as well as allowing departments to make recommendations (with Director and City Manager approval) to speed up contractor- specific work and project completion. Aligning formal procurement for construction projects with the proposed Council approval level assures that Council will be aware of these larger dollar commitments. RECOMMENDATIONS: Staff recommends approval of the three purchasing policy amendments outlined above. RECOMMENDED MOTION: “I move to approve Resolution No. 30-2017 – a resolution adopting a revised City Purchasing Policy and rescinding all prior resolutions in conflict therewith.” Or, “I move to postpone indefinitely Resolution No. 30-2017 – a resolution adopting a revised City Purchasing policy and rescinding all prior resolutions in conflict therewith for the following reason(s) _________________.” REPORT PREPARED BY: Jennifer Nellis, Purchasing Agent Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 30-2017 2. Purchasing Performance Metrics 3. Current (2011) Purchasing and Competitive Bid Proposal Guidelines and Payment Methods and Signature Approval Levels 4. Proposed (2017) Purchasing and Competitive Bid Proposal Guidelines and Payment Methods and Signature Approval Levels 5. MAPO Purchasing Limit and Approval Survey 2017 Council Action Form – Revised Purchasing Policy August 28, 2017 Page 8 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2017 TITLE: A RESOLUTION ADOPTING A REVISED CITY PURCHASING POLICY AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, it is the desire of the City to establish a uniform purchasing policy which conforms to open and competitive purchasing practices and obtains maximum value for City expenditures; and WHEREAS, the establishment of such a policy will promote efficient procurement of goods and services; and WHEREAS, the Purchasing Division is responsible for implementing the purchasing policy as approved by City Council. It is also responsible for the preparation and implementation of administrative purchasing procedures contained in the Purchasing Manual; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. All purchases by the City of goods and services shall be in accordance with the City’s Purchasing Manual and shall be in accordance with appropriations in the City’s annual Budget or otherwise approved by City Council. 2. Purchasing Card single transaction limit is $5,000. 3. Signature Approval Levels shall consist of the following: a. Department Designee: Up to $5,000 b. Department Director: Over $5,000 up to $25,000 c. City Manager: Over $25,000 up to $100,000 d. City Council: Over $100,000 4. Acquisition Limits shall consist of the following: 1. Combine goods and services purchasing types to simplify purchasing processes for staff city-wide a. Allow discretionary purchases up to $5,000 b. Informal quotes (written) over $5,000 up to $25,000 c. Formal bids and proposals over $25,000 Attachment 1 2. Establish a specific category for professional services, awards based on qualifications per the Brooks Act, and defined as professional services provided by architects, engineers, landscape architects, surveyors and land surveyors a. Discretionary selection among on-call consultants for tasks up to $25,000 b. Informal quotes or Request for Proposals (RFP’s) among on-call consultants for tasks over $25,000 up to $50,000 c. New, formal Request for Qualifications (RFQ’s) aka Statement of Qualifications (SOQ’s) for consultant selection over $50,000 3. Specific to CIP and construction: a. Informal quotes over $25,000 up to $100,000 b. Formal solicitations over $100,000 5. All prior resolutions concerning the City Purchasing Policy are hereby rescinded; it being the intention of the Council that the foregoing resolution shall be the only such resolution in force. 6. This resolution is effective upon adoption. DONE AND RESOLVED this 28th day of August 2017. __________________________ Joyce Jay, Mayor ATTEST: _____________________________ Janelle Shaver, City Clerk Formal Solicitations By Solicitation Type YEAR DQ ITB RFB RFP RFQ RFI TOTAL Addenda Pre-Bids RE-bids Coop Grant/Fed New as Renewals Other 2012 2 14 8 7 4 0 35 38 4 3 2 2 9 2013 3 8 5 7 3 0 26 29 3 0 0 3 6 1 protest 2014 2 5 6 8 4 2 27 28 7 0 1 2 14 2015 0 10 8 7 5 1 31 38 10 1 1 5 6 2016 3 10 9 11 3 0 36 29 9 1 2 0 6 1 single source 2017 (mid- Aug)9 5 7 2 23 23 3 1 2 2 14 interviews 2017 projected 5 2 1 1 9 1 Formal Solicitations By Approval Level CM approval Proposed CM approval Proposed Council approval YEAR <35K 35K-50K 50K-75K 75K-100K >35<100 100K-250K250K-500K 500K-1M 1M+>100 Total above 2012 16 3 5 3 11 3 2 1 2 8 35 35 2013 9 5 1 1 7 2 3 2 1 8 24 26 2014 6 10 1 2 13 1 0 2 1 4 23 27 2015 7 5 2 2 9 4 2 1 2 9 25 31 2016 11 3 4 1 8 8 1 0 0 9 28 35 2017- July 6 2 2 2 6 5 2 1 2 10 22 23 projected YE 4 1 1 2 1 1 4 9 9 Purchasing Performance Metrics Note: The totals shown by approval level do not include bids prepared for solicitation, but not awarded for a variety of reasons, such as; no responses, timing and delays, changes to scope and/or budget. Cooperative awards (not otherwise solicted) are included in the approval level numbers. This report does not include the hailstorm repair solicitations.Attachment 2 • City of ?WlieatRi_dge PURCHASING AND COMPETITIVE BID PROPOSAL GUIDELINES -.__._ I -o L-...--1 I ---RESPONSIBLE SELECTION BID TYPE PARTY REQUIREMENTS LIMITS BY PURCHASE TYPE , __ ""' -?• l I -Goods Services Construction ' :::: Discretionary: Department Department for small dollar purchases desionee designee Up to $3,000 I Up to $10,000 Up to $25,000 Department OR Requires minimum Informal Quotes: OQ* Purchasing of 3 written quotes $3.001 -$25,000 $10,000 -$25,000 $25,001 -$50,000 -� -Formal Bids & Proposals: Requires fonnal Includes RFP, 1TB, RFQ * Purchasing solicitation $25,001 and up $25,001 and up $50,001 and up � uu = uocumented Quote • 1TB = Invitation to Bid • RFP = Request for Proposal • RFB = Request for Bids • RFO :: Request for Qualification PAYMENT METHODS & SIGNATURE APPROVAL LEVELS PURCHASE LIMITS OF: AUTHORIZATION BY: METHOD OF PAYMENT Up to $3,000 Department desionee Purchasing Card, if possible Up to $4,999 Department designee Stamp, unless a P.O. is required $5,000-$14,999 Director Purchase Reoulsition $15,000-$34,999 Citv Manaoer Purchase Requisition AND Purchase Order Purchase Requisition. Purchase Order, CAF AND back-$35.,000 and above City Council up documentation from Council minutes Purchasing Policy Attachment 3 - .,,_..-_. CITY OF WHEAT RIDGE PURCHASING AND COMPETITIVE BID AND PROPOSAL GUIDELINES General Purchasing Tips: •Determine the total dollar amount for the year. Do not split orders. •Check cooperative bids such as State, MAPO, WSCA or contact the Purchasing & Contracting Division•Quotes must be written. Purchasing reviews each order. External audits are performed yearly. Signature Approval Levels: LIMITS AUTHORIZATION METHOD Purchases up to $3,000 Department designee Purchasing Card, when possible Purchases up to $4,999 Department designee Stamp, unless PO is required Purchases of $5,000 -$14,999 Director* Purchase Reauisition Purchases from $15,000 -$34 999 City Manager Purchase Reauisition AND Purchase Order Purchases of $35,000 and above City Council Purchase Reauisition, Purchase Order, CAF, *Some Directors may choose to approve all requests of their department Payment Methods 1.Purchasing Card: AND back-up Council minutes •Whenever possible, a purchasing card should be use to make payments on goods and services that total $3,000 or less per singletransaction. There is a $7,000 monthly limit. •Any purchases made with a purchasing card cannot be associated with a PO. 2.Stamp:•An "OK to Pay" Stamp is used to initiate payment to a vendor for goods or services that total up to $4,999 in instances when a purchasingcard cannot be used.•If you have a PO #, you can use an "OK to Pay Stamp" by writing the PO # next to the stamp information. 3.Purchase Requisition:•A Purchase Requisition is used to initiate payment to a vendor for goods or services that total $5,000 to $14,999. The Purchase Requisitionprovides records of appropriate signature approvals. Appropriate back up document should be included with the requisition. 4.Purchase Orders {PO):•Purchase Orders are generally required to purchase goods or services that total $15,000 or more. The primary reasons for issuing aPurchase Order are as follows:a.written approval for large dollar purchasesb.to ensure availability of adequate funds and to encumber funds in the accounting systemc.to ensure adequate product specification for vendors, and/ord.to facilitate vendor requirements•Blanket Purchase Orders are initiated for repetitive purchases made from the same vendor over an extended period of time not to exceedone year. NOTE: There are instances where Purchase Order exceptions are made. Examples of exceptions are: gas, postage, utilities, advertisement, insurance premiums, permits, per diem, contributions, single purchases up to $4,999, conference registration, member dues, licensing, and subscriptions. Refer to PO Exceptions List for complete itemization. Attachment 3 Proposed August 2017 = BID TYPE RESPONSIBLE PARTY SELECTION REQUIREMENTS LIMITS BY PURCHASE TYPE Goods and Services Professional Services Construction Discretionary: for small dollar purchases Department designee Multiple verbal or written quotes recommended Up to $5,000 Up to $25,000 Up to $25,000 Informal Quotes: DQ*Department OR Purchasing Requires minimum of 3 written quotes Over $5,000 Up to $25,000 Over $25,000 Up to $50,000 Over $25,000 Up to $100,000 Formal Bids & Proposals: Includes RFB, ITB, RFP, RFQ/SOQ Purchasing, based on statement of need or work from Department Requires formal solicitation by Purchasing Over $25,000 Over $50,000 Over $100,000 • DQ = Documented ouote • ITB = lnvitation to Bid = • RFP = Request for Proposal • RFB = Request for Bids PURCHASE LIMITS OF: Up to $5,000 Over $5,000 Up to $25,000 Over $25,000 Up to $100,000 Over $100,000 Department designee, Department Director, City Manager and City Council Purchase Requisition, Purchase Order, CAF AND back- up documentation from Council minutes Purchase Orders are required for all software licenses and support/maintenance agreements. PO exceptions apply, as further defined. PURCHASING AND COMPETITIVE BID PROPOSAL GUIDELINES Department designee, Department Director and City Manager Purchase Requisition AND Purchase Order PAYMENT METHODS & SIGNATURE APPROVAL LEVELS AUTHORIZATION BY:METHOD OF PAYMENT (required documentation includes quotes, invoices and correct GL account information ) Department designee Purchasinq Card, if possible/or Stamp, unless a PO is needed Purchase Requisition AND Purchase Order required over $15,000 • RFQ = Request for Qualification aka SOQ = Statement of Qualifications Professional Services = Architects, Engineers, Landscape Architects, Surveyors and Land Surveyors selection by RFQ/SOQ qualifications solicitation per the Brooks Act. Use established on-call professionals for discretionary selection, and informal DQ/RFP for task quotes. Department designee and Department Director Attachment 4 CITY OF WHEAT RIDGE - PURCHASING AND COMPETITIVE BID AND PROPOSAL GUIDELINES General Purchasing Tips:  Determine the total dollar amount for the year. Do not split orders.  Check cooperative bids such as State, MAPO, NASPO, CDOT or contact the Purchasing & Contracting Division for other cooperative resources.  Quotes must be written. Purchasing reviews each order. External audits are performed yearly. Signature Approval Levels: LIMITS AUTHORIZATION METHOD Up to $5,000 Department designee Purchasing Card if possible/or Stamp, unless a PO is needed Over $5,000 Up to $25,000 Department designee and Department Director Purchase Requisition AND Purchase Order required over $15,000 Over $25,000 Up to $100,000 Department designee, Department Director and City Manager Purchase Requisition AND Purchase Order Over $100,000 Department designee, Department Director, City Manager and City Council Purchase Requisition, Purchase Order, CAF, AND back-up documentation from Council minutes *Some Directors may choose to approve all requests of their department Payment Methods 1.Purchasing Card:  Whenever possible, a purchasing card should be used to make payments on goods and services that total $5,000 or less per single transaction. There is a $10,000 monthly limit.  Any purchases made with a purchasing card cannot be associated with a PO. 2.Stamp:  An “OK to Pay” Stamp is used to initiate payment to a vendor for goods or services that total up to $4,999 in instances when a purchasing card cannot be used.  If you have a PO #, you can use an “OK to Pay Stamp” by writing the PO # next to the stamp information. 3.Purchase Requisition:  A Purchase Requisition is used to initiate payment to a vendor for goods or services that total over $5,000 to $15,000. The Purchase Requisition provides records of appropriate signature approvals. Appropriate back up document should be included with the requisition. 4.Purchase Orders (PO):  Purchase Orders are generally required to purchase goods or services that total more than $15,000 or more. The primary reasons for issuing a Purchase Order are as follows: a.written communication authorizing the purchase from the correct accountb.to ensure availability of adequate funds and to encumber funds in the accounting systemc.to ensure adequate product specification for vendors, and/ord.to facilitate vendor requirements  Blanket Purchase Orders are initiated for repetitive purchases made from the same vendor over an extended period of time not to exceed one year. NOTE: There are instances where Purchase Order exceptions are made. Examples of exceptions are: gas, postage, utilities, advertisement, insurance premiums, permits, per diem, contributions, single purchases up to $5,000, conference registration, member dues, licensing, and subscriptions. Refer to PO Exceptions List for complete itemization. MAPO Purchasing Approval Limits Survey - 2017 AGENCY NAME Discretionary / documented quotes preferred Informal Quotes / Bids Formal (Written) Bids; Sealed Bids Formal Proposals and/or RFP's Procurement Cards, Field Orders (FPO) and Other Approval Levels City of Arvada Soon to request changes, but currently same as in 2011. Up to $2000 $5,000 - <$15,000 by departments; PO's created by departments; notes (not quotes) audited by purchasing When not informal (as requested by Dept. Dir. For goods and non-prof. services), or when over $50,000 and Council reapproves. Done by Dept. (or by Purchasing on request) $50,000 or more, SOQ for Professional Services. Done by dept. (or by Purchasing on request). Field Order Authorization Card (FOAC)for <$2K purchases (internal "card" type sys.That replacesfieldorderforms.)No P-Card currently,but its anoptionalcomponentofournewBankServs.Contract w/Bank One. Goods &Non-professional servs.<$15K:Dept.Dir.or Designee*Goods &Non- professional servs.$15K to <$50K:City Mgr.or Designee*Construction &Professional servs.to <$50K:Dept.Dir.or Designee*Goods,Non-professional &Professional servs.,&Construction $50K &+:Council Sole Source:<$15K approved by Purchasing Mgr.$15K &+approved by City Mgr.w/Purch.Mgr.recommendation Emergency Purchases:Per Ordinance,to be approved by City Mgr.PO"s &mod's in Oracle sys.$50K &+:Purchasing Mgr.or designee.*Approval delegation is supposed to be in written form. Blue indicates proposed levels. Up to $5,000 $5,000 -<$50,000 Purchasing only Purchasing only City of Aurora NA $5000 - $25,000 $25,000 and over $25,000 and over Process handled by Finance.Council Reporting Requirements: non-competitive award allowed unless:Formally advertised; Public opening.Formally advertised; no public opening Weekly Report: 1. All awards of $25,000 - $49,999.99; 2. Competitive low bid awards up to $1,999,999.99 where the City has received at least three responsive bids and no bid protest has been filed; 3. Openly solicited awards up toReasonable pricing cannot be obtained, Another vendor has expressed interest in providing the good/service, The department wants the requirement competed, The PA determines that it is in the best interest of the City to compete the requirement. Council Agenda: 1. All awards of $2,000,000.00 or more; 2. Openly solicited awards of at least $50,000 when the City has received less than three proposals or a protest has been filed; 3. Competitive low bid awards of $50,000 or more when the City has received less than three bids or a bid protest has been filed; 4. Single or sole source awards of $50,000 or more; 5. Change order(s) and amendment(s) of $100,000 or (cumulative); 6. Construction contract change orders that exceed the approved contingency. ** NOTE: For multi-year awards, if the base award can be reported on the Weekly Report, the extension years can also be reported to Council on the Weekly Report. If the base award had to be approved on Council Agenda, the extension years will also have to be approved on Council Agenda. City of Boulder Up to $5,000 $5,000 - $50,000 Written Reviewed by Purchasing; PO prepared by Purchasing Over $50,000 By Purchasing Over $50,000 By Purchasing ?$1000 - $4999 Purchasing, but depts can initiate & conclude purchase if policies followed. Purchasing checks to assure compliance with policies. Priority based line item budget. Council does NOT reapprove award if on approved budget. City of Brighton - soon to request changes, but currently same as in 2011. Up to $2500 Open Market $2,500 - $25,000 - Three Written Quotes, PO required for all over $2,500 $25,000 and over $25,000 and over Dept Director selects users. Process handled by Finance. $2500 - $10,000 by Procurement Manager ; $10,000.01 - $50K by City Manager ; $50K and over by City Council City / County of Broomfield Up to and including $5,000 $5000 - $25,000 informal bids, oral or written (one time purchse or aggregate annual spend) PO required >$25,000 - $75,000 public notice: PO required; Contract optional >$75,000 public notice; Contract required < $50, petty cash; P-card - up to and including $5,000 PO required over $5,000; $5,000 - $25,000 discretionary; $25,000 - $75,000 Department Head/Finance Director and City Manager approval; Over $75,000 City Council re-approval City of Denver Up to $10,000 Open market Agency Discretion / some restrictions $10,000 - $50,000 (Format at Buyer discretion) Over $50,000 Over $50,000, or may not be needed for services that include professional advice Dept head selects users. Process Handled by Finance Staff Buyer:can approve up to $10,000;up to $15,000 if three or more bids received.Deputy Manager:has Unlimited Approval authorization.Associate Buyer:can approve up to $10,000;up to $25,000 if three or more bidsreceived.Senior buyer:can approve up to $25,000;up to $75,000 if three or morebidsreceived.Purchasing Supervisor:can approve up to $50,000;up to $100,000iffewerthanthreebidsreceived;up to $250,000 if three or more bids received. Assistant Deputy Manager:can approve up to $100,000 up to $250,000 if fewerthanthreebidsreceived;up to $499,999 if three or more bids received.DeputyManager: has Unlimited Approval authorization. Revised 2017 Attachment 5 MAPO Purchasing Approval Limits Survey - 2017 AGENCY NAME Discretionary / documented quotes preferred Informal Quotes / Bids Formal (Written) Bids; Sealed Bids Formal Proposals and/or RFP's Procurement Cards, Field Orders (FPO) and Other Approval Levels City of Durango No new information available $1,001 - $10,000, two to three written quotes required. Specifications may be communicated via phone, fax or email. $10,001 - $50,000, a minimum of three written quotes required. Specifications must be communicated in writing. Contracts for services under $25,000 may be signed by Dept. Director, over $25,000 must be signed by City Manager. Over $50,000. Formal Contract Required.Over $50,000. Formal Contract Required.FPO up to and including $1,000. P-Cards up to $1,000 per transaction, $2,500 per month for most cardholders. Limits vary and are approved by Dept Head and Purchasing. Purchasing has higher limits and will use P-card in lieu of Purchase Orders whenever possible. Under $1,000 - Dept. Director approves. $1,000 & up - Department Director and Purchasing Agent approve. Any sole source over $5,000 must be approved by Purchasing Agent. Finance Director has final approval on all Purchase Orders and Direct Pay Requisitions (Blanket POs). City of Englewood No new information available $5000 - $24,999 two or more quotes on company letterhead De-centralized, Departments can send request to purchasing for quotes/ proposals on any dollar amount, but usually amounts over $5000. The City posts bids/ quotes/ proposals via BidNet. $25,000 and over General Fund, $50,000 Enterprise Fund. Construction bids are advertised in Daily Journal and Englewood Herald. May not have formal opening on RFP's (Wells Fargo Visa) Most Purchasing cards are set up with a $250 per transaction limit and a $5000 per cycle limit. Amount varies based on Department. Large purchasers $5,000/day & $25,000/month limit. Mega-cards Purchasing $30K/day-$75K/month The City uses Oracle software with approval levels based on hierarchy. All purchases over $10K require City Manager's approval. Council approval on amounts over $25,000 General fund/$50,000 Enterprise fund (even if budgeted). Sole source requires justification. Capital equipment amount is $5000/over 1 year life. Purchasing reviews all purchases, however Accounting also creates "cash disbursement" type purchase orders that don't require Purchasing intervention other than review. City of Fort Collins - considering raising some of these levels soon Up to $5,000 $5,000 - $60,000 $60,000 and over $60,000 and over P-Card; $5,000/ Transaction.Dollar Limit/Month & Number of Transactions/Day set by Account Manager. Purchasing Director has final approval if item/service is from a bid or proposal and Sole Source items- Up to $60K; City Manager $60K - $200K; City Council approves sole source over $200K. City used line item budget and project budget, Council does NOT reapprove is on approved budget. City of Golden Petty Cash - up to $50, Field Checks up to $500, Purchase Orders avove $20,000 Department Heads or designee up to $20,000, Finance Director up to $50,000, City manager up to $100,000, $2,000 - $10,000 Oral Quotes, $10,000 - $50,000 non-capital (quotes), $10,000 - $100,000 Capital improvements Non-capital $50,000 and above, Capital improvements $100,000 and above $50,000 and above Non-capital purchases sealed bids, $100,000 and above Capital improvements sealed bids Exceptions requiring City Council Approval: Capital improvements over $100,000, non-budgeted transactions over $50,000, budgeted purchases over $50,000 and 15% over budgeted amount. Exceptions to the bidding thresholds may be made on a case by case basis as allowed within this purchasing policy. City of Greeley Up to $5,000 $5,000 to $50,000 by Departments, reviewed by Purchasing $50,000 and over by Departments, or by Purchasing on request $50,000 and over by Departments, or by Purchasing on request P-Cards at all levels up to $2500 per purchase, $10,000 per month. Employees with Supervisor approval up to $5,000. Employees who have had Purchasing training can get quotes from $5,000 to $50,000, but they have to be sent to Purchasing for a Purchase Order. If over $50,000 it must be done by formal solicitation, whether by bid or proposal. Council does NOT reapprove purchases from approved budget, unless a project increases by more than 25%.City of Lakewood $5000 - $24,999 by department buyers $25,000 - $49,999 by the purchasing division $50,000 and over by the purchasing division $50,000 and over professional services (such as A/E may also be exempt) Up to $5000 limit per transaction Purchases under $50,000 require Dept Head approval; Purchases of $50,000 or over require Dept Head (or designee) and City Manager approval; Over $50,000 and not formally competed (or if unbudgeted or has a change in funding source) also requires Council approval. Contracts may be renewed by the Purchasing Manager and department head up to four (4) annual times based on satisfactory performance and competitive pricing. Contracts for public improvements awarded in excess of $50,000 require performance and payments bonds. Council does NOT reapprove if on approved budget.City of Longmont $5,001 - $50,000 $5,001 - $50,000 $50,001 and over $50,001 and over $5,000 limit per transaction. Varying monthly limits, established by Department Heads. $5,000 and below decentralized: end using dept. level.Purchasing Division approves all contracts/PO's over the $5,000.00 decentralized limit. There is no governing body approval requirement as long as the funds are budgeted and appropriated. Priority based line-itme budget, therefore Council does NOT reapprove unless "large" CIP amendments. Revised 2017 MAPO Purchasing Approval Limits Survey - 2017 AGENCY NAME Discretionary / documented quotes preferred Informal Quotes / Bids Formal (Written) Bids; Sealed Bids Formal Proposals and/or RFP's Procurement Cards, Field Orders (FPO) and Other Approval Levels City of Loveland Up to $5,000 $5000 - $10,000 $30,000 $30,000 P-cards most to $1,000 some have higher limits for emergencies FPO's to $5,000, petty cash to $100 Individuals as designated by Dept Head to $49,999; Department Heads as designated by City Mgr to $250,000; City Manager to $499,999 as long as budgeted, if not budgeted it must go to Council; City Council must sign all contracts above $500,000; Professional services excluded from bid process. City of Northglenn Up to $5,000 $5000 - $25,000.00 $25,000.00 and over $25,000.00 and over Pro cards Multiple limits - set by Dept Head ;Petty cash check to $250 Bids/Proposals for engineering or architectural services are provisionally exempted from the formal bid process. CM approval to $50K. Above $25K require Council approval.City of Thornton Up to $10,000 $10,000 - $25,000 minimum 3 written quotes $25, 000 and over; formal $25, 000 and over; formal Purchasing cards $2500 per single transaction Approved by department supervisors and managers, with levels for each employee determined by Department Head or Deputy City Manager. Contracts and Purchasing sign all purchase orders. No purchases taken to City Council. Expenditures approved through adoption of annual budget, and any amendments that modify budget.City of Westminster Up to $7,500 $7,501 - $50,000 by Departments, quotes audited over $30K by Purchasing; PO's creatd by Depts. $50,000 and over by Departments, or by Purchasing on request $50,000 and over by Departments or by Purchasing on request P cards Most 1K per transaction 3K per month, Petty cash $200 month $1K - $5K : Department Designee $5K - 15K: Division Head $15K - $30K: Division Head and Purchasing Office $30K - $50K: Department and Purchasing Office Over $75K: City Council City of Wheat Ridge Up to $3,000 for goods, Up to $10,000 for services; Up to $25,000 for construction $10,000 - 25,000 for services; $3,000 - $25,000 for goods; $25,001 - $50,000 for construction - with written quotes by departments, reviewed by Purchasing $25,000 and over for goods; $50,000 and over for construction by Purchasing $25,000 and over for services by Purchasing P-cards up to $3,000 per transaction Directors approve all purchase requisitions $3000 and over. City Manager approves at $15,000 or more. Council approves all purchases of $35,000 or more. COWR proposed limits 8/2017 Up to $5,000 for goods and services, Up to $25,000 for Professional Services and Construction $5,000 - $25,000 for goods and services, $25,000 to $50,000 for Professional Services, $25,000 to $100,000 for construction by departments or by Purchasing on request Over $25,000 for goods and services, Over $100,000 for Construction by Purchasing Over $50,000 for Professional Services (RFQ/SOQ) for Architects, Engineers, Landscape Architects, Surveyors, Land Surveyors by Purchasing P-cards up to $5,000 per transaction, varying limitsas determined by need Up to $5,000 approved by department designee/supervisor; Up to $25,000 also approved by Department Director; Up to $100,000 also approved by City Manager; Over $100,000 approved by City Council. Town of Parker - soon to request new limits as shown Up to $5,000 $5,000 - $20,000 $5,000 - $30,000 Over $20,000 Over $50,000 Over $20,000 Over $50,000 Varying transaction and monthly limits (determined by department heads) Up to $2500 all approved employees; $5,000 Managers/Direct Reports; $10,000 Directors and Deputy level or others as identified; $50,000 Procurement Officer. Department director up to $50,000; Town Administrator between $50,000 and $100,000; Town Council over $100,000. Orders over $1,000 are reviewed and approved by purchasing and by IT when applicable. Up to $2500 Employees and Director; Up to $5,000 Direct reports to the Deputy Director / Deputy Chief; Up to $10,000 Deputy Directors / Deputy Chief; Up to $50,000 Directors / Chief; Up to $100,000 Town Administrator; Over $100,000 Must go on Town Council Agenda and signed by Mayor. Adams County No new information Up to $5,000 $5,000 - $25,000 $25,000 and over $25,000 and over P-Cards for purchases$2,500 and less; $10,000 per month $10,000 and less: Department Head approval $10,000 - $25,000: Department Head and Purchasing Manager approval $25,000 and over: County Administrator of Board approval Arapahoe County Up to $3,500 with three written quotes $3,500.00 to $24,999.99 PO required $25,000.00 and over $25,000.00 and over $0 to $3,499.99 $0 to $4,999.00 Certified Purchasing Agents (as certified by UPPCC) Centralized Purchasing, $5,000 to $99,000 Purchasing Manager, $100,000 to $250,000 Director of FinanceBoulder County No new information available Up to $2,499 Up to $24,999 $25K and over $25K and over LPO or p-card under $2,499 $25K & over (purchases and contracts) require Board approval ; Waivers for $15K and over require Board approval; Purchases with quotes attached under $25K Purchasing approves Revised 2017 MAPO Purchasing Approval Limits Survey - 2017 AGENCY NAME Discretionary / documented quotes preferred Informal Quotes / Bids Formal (Written) Bids; Sealed Bids Formal Proposals and/or RFP's Procurement Cards, Field Orders (FPO) and Other Approval Levels Jefferson County Divisions are encouraged to, but not requried to, obtain quotes under $50,000. Divisions are encouraged to, but not requried to, obtain quotes under $50,000. $50,000 - unless waiver of competition approved by Purchasing Manager $50,000 - unless waiver of competition approved by Purchasing Manager P-Card:- Typical user limit: $2500 per transaction - Purchasing Staff: No $ limit if all approvals in order- Directors up to $25,000 if desired-Some specialty cards at higher limits - Restrictions set by each division. FPO's:- Used by divisions that operate on a 24-hour basis- Dollar limit up to $25,000 - Should use existing awards if available. Purchasing Manager:-Up to $50K; County Manager: $50K up to $100K; Board of County Commissioners: $100K or more Larimer County Up to $50,000 Over $50,000 through Purchasing Over $50,000 through Purchasing Limits vary by need $5K -$50K requires Purchasing Director approval; Purchases over $50K require Board of County Commissioners approval - however this approval has been delegated to the Finance Director by proxy. Resulting contracts under $50K are signed by Dept Head, contracts between $50K - $75K are signed by County Manager, all contrracts above $75K must be signed by the Board. Metro Wastwater - working on changes, but did not say what else. Goods and Services $5,000 top $24,999 Goods and Services $5,000 to $24,999 Goods and Services $25,000 and over Goods and Services $25,000 and over P-card limits vary by user need.Up to $250,000 for District Manager; exceeding $250,000, requires Board approval Colo Dept of Transportation (CDOT) Services $5000 to $25,000 Services $25,000 to $50,000 and Goods $5000 to $50,000 Require Quotes on CO BIDS system Goods or Services over $50,000 require IFB or RFB on CO BIDS system over $50,000 Pro-card up to $5000 Up to $100K may be approved by Purchasing Agent Over $100K must be approved by Procurement Manager State Purchasing Office N/A Services $25,000 to $150,000 and Goods $5000 to $150,000 Require Documented Quotes published on CO BIDS system Goods or Services over $150,000 require IFB or RFP published on CO BIDS system over $150,000 P-card up to $5000 Based on individual delegation by State Purchasing South Metro Fire Rescue No new information available $5,000 Goods and Services $5,000 to $24,999 Goods and Services $25,000 and over Goods and Services $25,000 and over P-card up to $500 month (stations) Admin. ranges from $3,000 - $5,000/month Up to $5,000 for end user; Between $5,000 and $50,000 must be approved by Purchasing Manager or Designee; $50K - $100K must be approved by CFO and over $100K - Board must approve. West Metro Fire District $5,000 Goods and Services $5,000 to $24,999 Goods and Services $25,000 and over Goods and Services $25,000 and over Limits vary by position, minimum levels are $1,000 single and $2,000 monthly - up to $60,000 Up to $2,000 at Station Captain level discretionary, Supervisor approval required up to $25,000, Division Chiefs have authority to purchase up to $25,000, Deputy Chiefs up to $30,000 and the Fire Chief up to $60,000. Purchases over $60,000 require Board approval. Revised 2017 ITEM NO: DATE: August 28, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO INSIGHT PUBLIC SECTOR IN THE AMOUNT OF $76,958.42 FOR THE ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: This is a scheduled and budgeted replacement of obsolete Microsoft software licenses at all sites and the support and maintenance that is inherent with upgrades or new software. The annual renewal of licensing and support will cost $76,958.42, which was approved in the 2017 IT Budget. PRIOR ACTION: Approved by Council in 2016. FINANCIAL IMPACT: Staff recommends awarding the renewal purchase of the Microsoft Software Licensing Enterprise Agreement to Insight, Inc. in the total amount of $76,958.42. This will keep the City of Wheat Ridge current on all Microsoft licenses. These funds are budgeted in the 2017 Information Technology Division budget. BACKGROUND: This is the City’s twelfth year participating in the Microsoft Enterprise Agreement program. Prior to 2005, software licensing control and purchases were decentralized; non-standardized and recordkeeping was sporadic and incomplete. In 2005, based on an evaluation of the City's Council Action Form – Microsoft Renewal August 28, 2017 Page 2 software needs and requirements, staff decided to leverage the City's purchasing power by engaging Microsoft in a five-year agreement. Staff also decided at that time to manage all the software centrally within the IT Division. The City has been compliant with Microsoft's licensing rules and regulations as of 2005. This program allows for discounts on software licenses, professional services and training vouchers from Microsoft. The latest offering would allow the City access to implement upgrades to Exchange 2016, Windows 10, Office 2016 and other features of the Microsoft software. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the Microsoft Enterprise Agreement. RECOMMENDED MOTION: “I move to approve payment to Insight Public Sector in the amount of $76,958.42 for the annual renewal of the Microsoft Enterprise Agreement.” Or, “I move to deny payment to Insight Public Sector in the amount of $76,958.42 for the annual renewal of the Microsoft Enterprise Agreement for the following reason(s) ______________ _________________________.” REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Insight Microsoft Quote # 219241731 HTTP://WWW.INSIGHT.COM Page 1 of 3INSIGHT PUBLIC SECTOR SLED 6820 S HARL AVE TEMPE AZ 85283-4318 Tel: 800-467-4448 SOLD-TO PARTY 10390055 CITY OF WHEAT RIDGE 7500 W 29TH AVE 1ST FLOOR WHEAT RIDGE CO 80033 SHIP-TO PARTY CITY OF WHEAT RIDGE 7500 W 29TH AVE 1ST FLOOR WHEAT RIDGE CO 80033 We deliver according to the following terms: Payment Terms :Credit Card Ship Via :Electronic Delivery Terms of Delivery :FOB ORIGINCurrency:USD Quotation Quotation Number :219241731 Document Date :09-AUG-2017PO Number :PO Release : Sales Rep :Mark Pitts Email :MARK.PITTS@INSIGHT.COM Telephone :4803333321Sales Rep 2 :Tone TuskanEmail:TONE.TUSKAN@INSIGHT.COMTelephone:5097422283 Material Material Description Quantity Unit Price Extended Price 228-04433-ESA3 Microsoft SQL Server Standard Edition - Software assurance - 1 server - Enterprise, Select, Select Plus - additional product - Win - All Languages 2 146.29 292.58 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 269-12442-ESA3 Microsoft Office Professional Plus - Software assurance - 1 PC - Enterprise - Win - All Languages 350 86.78 30,373.00 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 359-00792-ESA3 Microsoft SQL Server - Software assurance - 1 CAL - Enterprise, Select, Select Plus - All Languages 40 34.06 1,362.40 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 395-02504-ESA3 Microsoft Exchange Server Enterprise Edition - Software assurance - 1 server - Enterprise, Select, Select Plus - All Languages 1 660.66 660.66 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 Attachment 1 HTTP://WWW.INSIGHT.COM Page 2 of 3 Document Date 09-AUG-2017 Quotation Number 219241731 Material Material Description Quantity Unit Price Extended Price CX2-00093-ESA3 Windows Enterprise for SA - W/ Microsoft Desktop Optimization Pack - software assurance - 1 PC - Platform - Enterprise - All Langua ges 350 38.30 13,405.00 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 D87-01159-ESA3 Microsoft Visio Professional - Software assurance - 1 user - academic - Enterprise, Select, Select Plus - Win - All Languages 5 91.14 455.70 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 H30-00238-ESA3 Microsoft Project Professional - Software assurance - 1 PC - Enterprise, Select, Select Plus - Win - All Languages 5 177.56 887.80 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 P71-07282-ESA3 Microsoft Windows Server Datacenter Edition - Software assurance - 2 processors - Select, Select Plus - All Languages 7 1,004.14 7,028.98 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 P73-05898-ESA3 Microsoft Windows Server Standard Edition - Software assurance - 2 processors - Enterprise, Select, Select Plus - All Languages 30 143.86 4,315.80 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 PGI-00268-ESA3 Microsoft Exchange Server Enterprise CAL - License & software assurance - 1 user CAL - academic - Enterprise, Select, Select Plus - with services - Win - All Languages 100 25.99 2,599.00 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 HTTP://WWW.INSIGHT.COM Page 3 of 3 Document Date 09-AUG-2017 Quotation Number 219241731 Material Material Description Quantity Unit Price Extended Price PGI-00270-ESA3 Microsoft Exchange Server Enterprise CAL - Software assurance - 1 user CAL - academic - Enterprise, Select, Select Plus - with serv ices - Win - All Languages 125 19.76 2,470.00 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 W06-01072-ESA3 Microsoft Core CAL - Software assurance - 1 user CAL - Platform - Enterprise - All Languages 350 37.45 13,107.50 Coverage Dates:01-OCT-2017 - 30-SEP-2018 STATE OF COLORADO NASPO VALUEPOINT SOFTWARE VAR(# ADSPO16-138244/ 20170000000000000105) LICENSE :6808514 AUTHORIZATION N:ANNUAL BILLING DUE 10/1/17 DEPLOY DATE :01-OCT-2017 Product Subtotal 76,958.42 TAX 0.00 Total 76,958.42 Lease & Financing options available from Insight Global Finance for your equipment & software acquisitions. Contact your Insight account executive for a quote. Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering. Sincerely, Mark Pitts 4803333321 MARK.PITTS@INSIGHT.COM Tone Tuskan 5097422283 TONE.TUSKAN@INSIGHT.COM Fax 8664330064 Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options. This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by both your company and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at: http://www.insight.com/en_US/help/terms-of-sale-products-ips.html