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HomeMy WebLinkAboutVirtual City Council Agenda Packet 08-24-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO August 24, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on August 24, 2020 ) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 973 4571 4064 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Study Session notes of August 3, 2020 City Council minutes of August 10, 2020 CITY COUNCIL AGENDA: August 24, 2020 Page -2- APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Second opportunity for Public Input on 2021 Budget c. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. d. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 42-2020 - a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $731,571 for the purpose of accepting the CARES Act local government distribution from Jefferson County b. Resolution No. 43-2020 - a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program in the amount of $33,637 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 17-2020 - an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution No. 44-2020 - a resolution approving an intergovernmental agreement concerning the establishment of a regional Homeless Navigator to support and assist those experiencing homelessness.” 4. Motion to approve appointment to a City Council District IV vacancy on the Cultural Commission CITY COUNCIL AGENDA: August 24, 2020 Page -3- 5. Reconsideration of ordinance 1696, series 2020, an ordinance repealing Chapter 16, Article X “Massage Parlors” and reenacting regulation of Massage Businesses by amending Chapter 11, “licenses, permits and miscellaneous business regulations” by the addition of a new article entitled “Massage Businesses” and making conforming amendments to Chapter 2 Article V “Administrative Enforcement”’ and Chapter 26 “Zoning And Development” CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Session August 3, 2020 Mayor Bud Starker called the Study Session to order at 6:31 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community Development Director, Ken Johnstone; Director of Administration Allison Scheck; Planning Manager, Lauren Mikulak; guests and interested citizens. Citizen Comment on Agenda Items – No citizens came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Zoning 101 (overlay zones, etc.) Discussion began at 6:32 pm, approximately 0:02 minutes into the recording of the session. 2 The purpose of this study session is to provide Council with a foundational understanding of zoning in Wheat Ridge. No code amendments or policy changes are proposed at this time; the content of this memo is for education and discussion purposes only. Lauren Mikulak delivered to Council a detailed presentation about this item, its purpose and the background of the reasons for bringing it to Council. Topics included: Background: • Guiding Documents – The Foundation of Zoning • What is Zoning? • Wheat Ridge Zone Districts • History of Wheat Ridge Zoning • How Zoning is Changed Types of Zone Districts in Wheat Ridge: • Base Zone Districts • Planned Developments • Mixed Use Districts • Overlay Zones Councilmembers had questions and comments about Ms. Mikulak’s presentation and issues involved in how the rezoning process works. Several Councilmembers thanks Ms. Mikulak for her presentation and commented on how helpful and informative the presentation was. 2. Review of public notification procedures and policies for land use cases Discussion began at 7:38 pm, approximately 1:08 hours into the recording of the session Public notice is a critical legal requirement for a variety of zoning and subdivision cases. The City’s Charter and Code of Laws establish legal notice requirements not only for the purpose of informing the public on proposed developments, but also to protect the due process rights of stakeholders. The extent of notice generally corresponds to the level of review and impact with the highest level of notice required for those applications which require public hearings. In April 2020, members of Council requested that staff prepare a study session item that addresses a few targeted issues related to public notice. Specifically, these issues relate to the sign and letter notice associated with public hearings. The included material was organized as follows: • Current Notice Requirement for Public Hearings 3 • Analysis of Sign and Letter Notice Procedures • Future Opportunities Lauren Mikulak delivered to Council a detailed presentation about this item, its purpose and, the history of Wheat Ridge zoning, the current classes of zones, and the background of the reasons for bringing it to Council. The staff presentation continued with additional slides to support the verbal comments. Councilmembers had questions and comments about the presentation. Staff recommended the following updates: • Revise the design of posted signs to better communicate with passersby (administrative adjustment) • Revise the number of posted signs required based on frontage length (code amendment by Ordinance) • Revise the letter notice to align the distance for neighborhood meetings and public hearings (code amendment by Ordinance) Ms. Mikulak recommended on behalf of staff that the Council consider making the distance from the subject property for neighborhood meeting notices and public hearing notices match. Presently neighbors within 600 feet must be invited to the neighborhood meeting and those within 300 feet receive the notice of public hearing. Wheat Ridge is the only municipality in the Metro with this disconnect between the two distance requirements. Council reached a consensus to support the updates noted above to address the public notice signs and distance requirements and recommended the letter notice distance and public hearing notice match, setting both requirements at 600 feet from the property, and when a frontage is less than 200 feet the signage will be bookended. 3. Staff Report(s) Discussion began at 7:59 pm, approximately 1:30 minutes into the recording of the session Mr. Goff had no further staff reports for this evening. 4. Elected Officials’ Report(s) Discussion of this item began at approximately 8:32 PM. Councilmember Hutchinson thanked people for wearing masks and encouraged us to turn off our air conditioning at night and open windows for fresh air. Councilmember Hultin asked about the Jefferson County variance granted by the Colorado DPHE. Mr. Goff explained the status of the variance, why the variance 4 granted might be rescinded or allow to expire, and what impacts that might have on the County and the City. City Clerk Kirkpatrick reported that citizens are in the process of circulating a referendum petition to reverse the zoning change ordinance approved for the parcel at 9800 W. 38th Avenue at Johnson St. There will be no further details to provide unless and until the circulators submit the petition to the Office of the City Clerk at or before 5 PM local time, August 27th, 2020. The Mayor thanked the presenters at this evening’s session for their excellent presentations. He encouraged all to continue to wash hand, wear masks and socially distance. ADJOURNMENT The Study Session adjourned at 8:04 pm. APPROVED BY CITY COUNCIL ON August 24, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING VIRTUAL MEETING August 10, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker 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 Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorneys, Gerald Dahl and Jane Greenfield; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director, Ken Johnstone; Economic Development Manager, Steve Art; Police Chief, Christopher Murtha; Investigations Commander, Darrel Guadnola; Division Chief, Dave Pickett; other staff, Jim Shpall, CEO of Applejacks Wine and Spirits, guests and interested citizens. PROCLAMATIONS AND CEREMONIES – None for this session. APPROVAL OF MINUTES Without objection and with two minor corrections, the Study Session Notes for July 20, 2020 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:04 PM. Note about Wheat Ridge Speaks: City Council Minutes August 10, 2020 page 2 Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The comments that appeared in Wheat Ridge Speaks for this Council Meeting, There were no entries for any item on the agenda in Wheat Ridge Speaks for tonight’s meeting. CONSENT AGENDA There were no items this week. Citizens Right to Speak Amanda Opp 46 Hillside Drive. Called to speak about global warming and human activity. In the last century, global average temperatures have risen well above the level that science predicts will lead to worsening global warming. Individuals, business/industry, and public policy must address this issue. None of these alone will suffice. Now is the chance to make a difference. Heather Head, 3541 Parfet St. For the past 60 years, every decade has been hotter than the last. Extreme temperatures and natural disasters are breaking temperature records, causing wildfire conflagrations and droughts as well as floods. Six of the past 10 years have been the hottest on record, and this temperature inflation is affecting Colorado. Snowpack in the Rockies will reduce by 50% in this century, harming agriculture, impacting cities and drastically increasing energy consumption. The pandemic has shown that even short-term emission reductions quickly lead to clearer and cleaner air. Patty Berry Levy, 3275 Upham St. – Called to speak about the impacts of climate change on our health. It affects our lung health and stresses our hearts, resulting in more hospitalizations for pulmonary and coronary medical conditions. It affects pregnant women, resulting in smaller birthweights and premature births. The tiny particles produced by fossil fuels affect all of our body systems. Unchecked this impact will become dangerous to us all and irreversible. Rob Robinson, 4 Hillside Drive – On behalf of the preceding speakers and the Sustainable Wheat Ridge Committee, we ask the Council to speak out about climate change. We ask that Council pass a resolution in support of HR-763, Energy Regulation and Carbon Dividend Act, co-sponsored by Congressman Ed Perlmutter. City Council Minutes August 10, 2020 page 3 He then reviewed the details of the provisions in the proposed legislation, which would reduce greenhouse gasses by 40%. More than 3,500 economists support carbon taxation. A City Council resolution would add to and magnify the voices of other municipalities and states that support this bill. Jasmine Rasmussen, age 10, called to support the efforts of the Sustainable WR Committee and express her views as an elementary school student on behalf of her generation. She noted the impact of the famous brown cloud over the Front Range caused by factories locally, and around the region and the world. Our Earth has warmed so quickly that we are melting our polar icepacks and glaciers all around the world. These effects are a direct result of human activity. She urged us to work together to renew our Earth and return it to what it once was. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:22 PM 1. Resolution No. 41-2020 – A Resolution approving an Enhanced Sales Tax Incentive Program Agreement with Applejack Wine and Spirits, LLC in an amount not to exceed $990,146 or for ten years, whichever shall occur first. Councilmember Weaver introduced Resolution 41-2020. The City of Wheat Ridge received a request from Jim Shpall, CEO and part owner of Applejack Wine and Spirits, LLC (Applejack), to enter into the Enhanced Sales Tax Incentive Program (ESTIP) for the rebate of sales tax increment (Increment) in association with a proposed remodel and rebranding of Applejack located at 3320 Youngfield Street in Wheat Ridge. The rebate request is for 100% of the Increment generated from a 3.0% tax rate for a period of 10-years or a not to exceed amount of $990,146, whichever occurs first. Mayor Starker opened the public hearing at 7:22 p.m. Staff Presentation by Steve Art, Economic Development Manager with the City of Wheat Ridge: Mr. Art gave a detailed presentation and spoke on how this ESTIP would be beneficial not only to the recipient but also for the City of Wheat Ridge as well. Jim Shpall and other executives from Applejacks reprised the presentation that they made during a Study Session in July 2020. Public Comment No one came forward to speak on this item. Council Questions and comments Council asked Mr. Art to explain the details of how an ESTIP operates, and he did. Mayor Starker closed the public hearing. City Council Minutes August 10, 2020 page 4 Motion by Councilmember Weaver to approve Resolution No. 41-2020, a resolution approving an Enhanced Sales Tax Incentive Program Agreement with Applejack Wine and Spirits, LLC in an amount not to exceed $990,146 or for ten years, whichever shall occur first, seconded by Councilmember Hoppe, motion carried 8-0. 2. Council Bill No. 16-2020 - An Ordinance approving the disposition of excess real property held by the City adjacent to Ridge Road between Taft and Tabor Streets Discussion of this item began at 7:35 PM. Councilmember Stites introduced Council Bill 16-2020. The City of Wheat Ridge owns a sliver of real property located on the north side of Ridge Road, between Taft Court and Tabor Street (“the Property”). It essentially functions as additional ROW that has been deemed to be excessive and unnecessary by the Community Development Engineering Division. Mayor Starker opened the public hearing at 7:36 p.m. Ken Johnstone, Director of Community Development, showed a graphic to specifically locate the 7,000+ square feet parcel, a long and narrow strip of land. Errors in the details of the legal description previously addressed by Council left this small strip as City property and this ordinance will correct that error. Public Comment No one came forward to speak. Council Questions and comments Council asked whether there are specific plans for this parcel and Mr. Johnstone explained that it will be used as a pedestrian walkway and drainage channel. Mayor Starker closed the public hearing. City Clerk Kirkpatrick assigned Ordinance number 1695. Motion by Councilmember Stites to approve Council Bill No. 16-2020 an ordinance approving the disposition of excess real property held by the City adjacent to Ridge Road between Taft and Tabor Streets and that it takes effect 15 days after final publication, seconded by Councilmember Urban, motion carried 8-0. 3. Council Bill No. 15-2020 - An Ordinance Repealing Chapter 16, Article X "Massage Parlors" and Reenacting Regulation of Massage Businesses by Amending Chapter 11, "Licenses, Permits and Miscellaneous Business Regulations", by the Addition of a New Article X, Entitled "Massage Businesses" and Making Conforming Amendments to Chapter 2, Article V "Administrative Enforcement" and Chapter 26 "Zoning and Development City Council Minutes August 10, 2020 page 5 Discussion of this item began at 7:44 PM Councilmember Urban introduced Council Bill 15-2020. The process of regulation and inspection of massage businesses requires updating in order to protect the health and safety of the community, deter criminal activity such as human trafficking and prostitution, and ensure that legitimate massage businesses within the City are able to thrive. Mayor Starker opened the public hearing at 7:43 p.m. City Clerk Steve Kirkpatrick assigned Ordinance No. 1696. Staff Presentation by Darrel Guadnola, Investigations Commander, and Dave Pickett, Division Chief with the City of Wheat Ridge Police Department. The Commander and Division Chief outlined the requirements of the new ordinance, to include among others: • All therapists must have a valid Colorado massage therapist license, a copy of which must be available for inspection on-site • The business must operate with a licensed manager on site • The business may not operate between the hours of 9:00 p.m. and 6:00 a.m. • All interior and exterior doors must remain unlocked unless the business is operated as a home occupation or there is only one employee on premise • The business cannot be used for housing, sheltering or harboring any person, unless the business is operated as a home occupation • Employees must be fully clothed • A table shower is prohibited unless it is approved as part of the massage business license issuance • No sexual acts can take place in the course of business. Any such acts must be reported to the Wheat Ridge Police Department They also reported that every massage therapy business licensed in the City of Wheat Ridge potentially impacted, was provided a summary of the proposed changes and an invitation to attend a virtual meeting. Some administrative highlights of the proposed ordinance include: • Massage businesses will be required to obtain two additional city licenses due to the unique nature of the industry. 1. Massage Business License ($25. Free if obtained within 30 days after enactment of the ordinance). 2. Massage Business Manager’s License ($0) City Council Minutes August 10, 2020 page 6 • Some businesses are exempt from these regulations. These include state-regulated businesses such as training rooms, medical offices, and chiropractic facilities, as well as solo practitioners who meet specific criteria. • Applications can be denied for various reasons including previous massage license suspensions, revocations, the surrendering of a state issued Massage Therapist License, or a history of criminal activity such as sexual misconduct with a child, prostitution, embezzlement, money laundering, or other crimes raising issues about the character of the applicant. City Attorney Dahl discussed the thinking and legalities underlying this proposed ordinance. He and Commander Greenfield emphasized that this new ordinance shifts the focus from criminal justice to regulatory actions. Public Comment Laura Embelton, 5695 Wenatchee, Aurora, 80015, representing an organization of more than 100,000 professional massage therapists spoke in favor of the ordinance. She urged people to call illicit businesses sex business, not illicit massage parlors, because that is what they are. Her organization participated in the development of this ordinance, and supports it. Tammy Schumacher, 1260 S. Uvalda St., Aurora, 80012, with the American Massage Therapy Association, Colorado Chapter, called to support this ordinance. She thanked the City for including the professional practitioners and organizations of massage therapists in the process of developing this new ordinance, which she sees as a model for other municipalities. Council Questions and comments Councilmembers thanked all of those who worked on this ordinance and commented that they look forward to supporting it. Councilmembers asked detailed questions about how this ordinance will be enforced and what steps the Police Department can take to stop illicit sex operations; how massage manager licensing will operate; how would a member of the public who observes illicit activity take action; when will enforcement of the new ordinance begin with proactive steps to address illicit sex businesses; since other businesses have to have their licenses posted for the public, shouldn’t these businesses also have to post their licenses. Council asked for 30 and 90 day reports on the results from the implementation of this new ordinance. Mayor Starker closed the public hearing. City Council Minutes August 10, 2020 page 7 Motion by Councilmember Urban to approve Council Bill No. 15-2020 an ordinance, Repealing Chapter 16, Article X "Massage Parlors" and Reenacting Regulation of Massage Businesses by Amending Chapter 11, "Licenses, Permits and Miscellaneous Business Regulations", by the Addition of a New Article X, Entitled "Massage Businesses" and Making Conforming Amendments to Chapter 2, Article V "Administrative Enforcement" and Chapter 26 "Zoning and Development,” as distributed with the following edits: (During the public hearing and discussion among Council to adopt this ordinance, Mr. Dahl and Ms. Greenfield suggested minor changes to the language of the motion for legal reasons. To avoid any confusion, the full text of the Ordinance Council approved appears at the end of these minutes as an attachment, and by this reference is made a part of this public record.) Seconded by Councilmember Stites, motion carried 8 -0. ORDINANCES ON FIRST READING Discussion began at 10: pm 4. Council Bill No. 17-2020 - An Ordinance Amending Section 16-103 of the Wheat Ridge code of laws, concerning regulation of noise, setting the date of the public hearing on August 24, 2020, at 7:00 pm. Councilmember Hoppe introduced Council Bill 17-2020. The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. This Ordinance will amend Section 16-103 of the Wheat Ridge Code of Laws to apply a numeric decibel standard to enforce noise complaints emanating from industrial zoned districts within the City, maintain a reasonableness standard for noise complaints in all other zone districts within the City at a distance of 50 feet or more, create a special permit program for amplified sound at events on private property, set date and time limits and to provide a limited number of exemptions. Motion by Councilmember Hoppe to approve Council Bill 17-2020 - an ordinance amending Section 16-103 of the Wheat Ridge code of laws, concerning regulation of noise, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, August 24, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final publication; seconded by Councilmember Dozeman; motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:33PM City Council Minutes August 10, 2020 page 8 5. Motion to approve appointments to City Council District IV vacancies on the Cultural Commission Councilmember Dozeman introduced the Motion Due to the recent resignations of V. Ruth Baranowski and Jan Southcott, the City Council District IV seats on the Cultural Commission are vacant. The terms of these positions end on March 2, 2021 and March 2, 2023 respectively. Staff Presentation There was no staff presentation. Public Comment No one came forward to speak. Motions by Councilmember Dozeman, both seconded by Councilmember Nosler Beck to appoint the following: Motion to appoint Kate Grigsby, to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2021. Motion carried 8-0 And Motion to appoint Gail Rickman to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2023. Motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff gave a financial overview of revenue and expenses vs. the approved budget and the same period in 2019, complying with the requirement that staff report mid-year results to Council. The formal report is forthcoming, once all of the data are in and the books closed. To date, the news remains positive yet it is difficult to virtually impossible to forecast what will happen due to the pandemic in the second half of the year. CITY ATTORNEY’S MATTERS Thanked the officers and commanders at the police department and city staff who handle licensing who worked on the massage ordinance. ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck thanked the staff for their hard work on the team that developed the massage ordinance. She also wanted to thank the Rocky Mountain Bottling Plant and the residents near that facility in District IV, who have worked hard together to create a noise ordinance that is a consensus vs. a conflict. She also encouraged people to drive along 44th Ave and appreciate the new mural on the outside of the Swiss Flower Shop; it is gorgeous. Councilmember Dozeman wanted to thank the public works staff for putting new school and speed limit signs along Miller St. near Mountain Phoenix Community School to City Council Minutes August 10, 2020 page 9 protect our school children. She wondered if similar signage may be posted along the adjacent I-70 frontage road. She also noted that on August 27th, at 7:30 AM the Kiwanis Club Showcase will be held at Davie’s Chuck Wagon at 26th and Kipling about the Kiwanis Club work for the children of the City. She also thanked the City staff for their amazing work during the pandemic; we are all very grateful. Councilmember Stites thanked all who attended the memorial service last Saturday for his father, Mike Stites. He also thanked the parks and recreation staff, and Mr. Goff for their support in holding the service. He also thanked several local businesses for their help. Councilmember Weaver thanked the group who spoke tonight about global warning. She asked that we add an item to a study session to support the Federal legislation they highlighted. She especially thanked Jasmine Rasmussen for her comments. Councilmember Hultin lauded Mike Stites and the community spirit that enables people in Wheat Ridge to cooperate and collaborate to find solutions to local problems and issues. She also thanked the group who spoke about global warming this evening; we need to think bigger than us. She also thanked Jasmine for her enthusiastic participation. Councilmember Hultin also noted with sadness and regret the absence of the Carnation Festival, and looks forward to it in 2021. Councilmember Urban recalled that those who comply with the new massage business ordinance within 30 days will be granted licenses without fees. He asked for staff reports during future Council sessions on the implementation of the ordinance as soon as possible 30 days and again 90 days after it goes into effect on August 28th, 2020. Councilmember Hoppe noted that these items will be added to the appropriate meeting agendas following the 30 and 90 day milestones. He also suggested that Council may want to support a bill in the state legislature to grant city governments access to criminal history records and other background check data that we may find helpful in administering the newly passed massage business ordinance. Councilmember Hutchinson also supported action on the climate change issue that we have heard about and discussed this evening. She noted the statewide drought and fires burning in our high country. Councilmember Hoppe also thanked those who worked on the new massage business ordinance. She greatly appreciated how well the new ordinance responded to the issues raised by Council during the study session on the new ordinance. She also thanked her daughter, Lauren, 12, who showed strong interest in the zoning presentation we heard on August 3rd. She echoed Councilmember Nosler Beck’s congratulations to the Wheat Ridge Business District for their mural project. City Council Minutes August 10, 2020 page 10 She also asked for a consensus that we put an item on the agenda to make sure that public education about the new ordinance is posted where the public can see those signs in massage businesses. Councilmember Urban asked how that signage will be implemented. Mr. Goff indicated that administrative staff can handle that detail relying on advice from DORA. In addition, she asked about shower facilities for people experiencing homelessness. He reported that a local church has a shower trailer and a laundry trailer that it moves around Jefferson County to help those experiencing homelessness. Mr. Goff indicated that he is investigating options and will report further later on the work that our Parks and Recreation Staff are doing to address this issue. The Mayor thanked all of those who made presentations tonight, especially Jasmine Rasmussen, and those who worked on the massage business ordinance. He also thanked staff for their work on both the ESTIP and new massage business ordinance passed this evening. He also recounted the importance of the recent staff recognition ceremony and his gratitude for the amazing work our City staff have done. He thanked Chief Murtha for attending and for the work our police do to protect and serve the community residents. He also recognized Dr. Mark Johnson, Jefferson County Public Health, and Dr. Jill Hunsinger-Ryan of CDPHE for their work on the pandemic public health emergency. We are seeing the good trends in our data thanks to their hard work. Please remain socially distanced, wear masks and wash your hands. ADJOURNMENT The meeting adjourned at 9:04 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON August 24, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. City Council Minutes August 10, 2020 page 11 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 15-2020 ORDINANCE NO. 1696 Series 2020 TITLE: AN ORDINANCE, REPEALING CHAPTER 16, ARTICLE X “MASSAGE PARLORS” AND REENACTING REGULATION OF MASSAGE BUSINESSES BY AMENDING CHAPTER 11, “LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS”, BY THE ADDITION OF A NEW ARTICLE X, ENTITLED “MASSAGE BUSINESSES” AND MAKING CONFORMING AMENDMENTS TO CHAPTER 2, ARTICLE V “ADMINISTRATIVE ENFORCEMENT” AND CHAPTER 26 “ZONING AND DEVELOPMENT” WHEREAS, the City of Wheat Ridge, Colorado, (the "City"), is a home rule municipality, organized and existing under and by virtue of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, Section 12-235-101 et seq., C.R.S., known as the “Massage Therapy Practice Act" ("the Act") regulates the profession of massage therapy to provide for a consistent statewide certification and oversight of massage therapy professionals; and WHEREAS, the Act does not prevent the City from regulating the massage therapy business and the City Council finds that the purpose and intent of this Act was to regulate and protect legitimate massage therapy businesses by requiring persons performing massage therapy to be licensed by the state’s Department of Regulatory Affairs, in order to safeguard and promote the public health, safety and welfare of the citizens of the state; and WHEREAS, the City Council recognizes that massage is a legitimate health care professional activity that provides benefits to the residents of the City; and WHEREAS, the reputation and success of legitimate massage therapy businesses is denigrated and undermined by businesses and individuals who mask their unlawful sexual activities and human trafficking by falsely posing as legitimate massage therapy businesses; and WHEREAS, the City Council finds that the licensing exclusions provided herein to certain businesses are reasonable as they are either currently subject to licensing and regulation by the State of Colorado or they pose a very low risk of engaging in unlawful sexual or human trafficking activities; and WHEREAS, there are currently no massage parlors in the City that will be adversely affected by the repeal of the provisions of Chapter 16, Article X of the City Code (the "Code"). City Council Minutes August 10, 2020 page 12 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section l. Chapter 16, Article X of the Wheat Ridge Code of Laws is hereby repealed. Section 2. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article X, entitled Massage Businesses, as follows: ARTICLE X. – MASSAGE BUSINESSES Section 11-230. – Purpose. The purpose of this article is to promote the public health, safety and welfare of the public, including but not limited to its citizens and residents, by regulating and licensing massage businesses. Section 11-231. – Authority. This article is adopted under the authority conferred by §31-15-401(1)(b), C.R.S. to make all regulations necessary or expedient for the promotion of health or suppression of disease and by §31-15-501(1)(c), C.R.S. to license and regulate businesses, and the home-rule authority conferred by Article XX, Section 6 of the Colorado Constitution, . Section 11-232. – Definitions. Except as otherwise indicated by the context, the following words, terms and phrases, shall have the following meanings for purposed of this division: Agent means an individual designated by a publicly held corporation to act on behalf of the corporation under this article. An agent shall be a bona fide resident of Colorado, a citizen or legal resident of the United States, or otherwise authorized to work in the United States. Applicant means an individual acting on behalf of a massage business to apply for a license. Client means an individual who enters into an agreement for massage therapy for a fee, income, or compensation of any kind within the city. Control means the power to direct or cause the direction of the management and policies of an applicant, licensee or controlling person, in any way. Controlling Person means a person directly or indirectly possessing control of an applicant or licensee. Employee means any person who performs any service at a massage business on a full-time, part-time, or contract basis, whether or not the person is designated an employee, independent contractor or otherwise. Employee does not include a person exclusively engaged in the repair or maintenance of the massage business, or for the delivery of goods to the licensee. Inspector means any person authorized by the City Manager to enforce the provisions of this Article. City Council Minutes August 10, 2020 page 13 Licensee means the person or entity to whom a massage business license is issued, by the city. Manager means an on-site natural person or persons authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this article. Massage Business means any place of business where any massage or massage therapy is practiced or administered. The term "massage business" shall not include: (a) Training rooms of public and private schools accredited by the state board of education or approved by the state division charged with the responsibility of approving private occupational schools. (b) Training rooms of recognized professional or amateur athletic teams. (c) Offices, clinics, and other facilities at which medical professionals licensed by the state of Colorado, or any other state, provide massage services to the public in the ordinary course of their medical profession. (d) Medical facilities licensed by the state, including but not limited to hospitals, clinics, nursing and convalescent homes and other similar institutions. (e) Chiropractors licensed by the state and their facilities. (f) Barber shops, beauty salons, and other facilities at which barbers and cosmetologists licensed by the state provide massage services to the public in the ordinary course of their professions. (g) Bona fide athletic clubs not engaged in the practice of providing massage services to their members or to the public for remuneration; for purposes of this definition, if an athletic club does not receive more than 10 percent of its gross income providing massages to its members, or to the public, such shall be prima facie evidence of its status as a bona fide athletic club. (h) A place of business where an individual offers to perform or performs massage therapy: (1) For not more than 72 hours in any six-month period and (2) As part of a public or charity event, the primary purpose of which is not to provide massage therapy. (i) A place of business where a state-licensed massage therapist practices as a solo practitioner, and complies with all required acts and limitations of operation of this section and; (1) Does not use a business name or assumed name; or (2) Uses a business name or an assumed name and provides the massage therapist's full legal name, or license number in each advertisement, and each time the business name or assumed name appears in writing; and (3) Does not maintain or operate a table shower as defined in this section. City Council Minutes August 10, 2020 page 14 (j) A place of business which limits its business to offering the following practices performed by persons who: (1) Do not claim expressly or implicitly to be massage therapists; and (2) Limit their work to one or more of the following practices: a. Use touch, words and directed movement to deepen awareness of existing patterns of movement and suggest new possibilities of movement. Such practices include, but are not limited to the Feldenkrais method of somatic education, the "Rolf Institute's Rolf Movement Integration", the Trager approach to movement education, body-mind centering and ortho-bionomy; or use minimal touch over specific points on the body to facilitate balance in the nervous system. Such practices include, but are not limited to Bowenwork; or b. Use touch to affect the energy systems, acupoints or qi meridians (channels of energy) of the human body. Such practices include, but are not limited to acupressure, Asian bodywork therapy, biodynamic craniosacral therapy", jin shin do body-mind acupressure, polarity, polarity therapy, and polarity therapy bodywork, qigong, reiki, shiatsu, and tuina; or c. Use touch to effect change in the structure of the body while engaged in the practice of structural integration. Such practices include, but are not limited to, practitioners of Rolfing structural integration, the Rolf method of structural integration, and Hellerwork; or d. Apply pressure to reflex points on the feet, hands and ears to bring the body into balance, thereby promoting the wellbeing of clients. Such practices include, but are not limited to reflexology; and (3) If any of the practices listed in (2) above have nationally recognized certification available in their particular practice industry, the practitioners shall hold current active certification or recognition by a professional organization or credentialing agency in their respective industry that: a. Requires a minimum level of training specific to the discipline, demonstration of competence, and adherence to an approved scope of practice and ethical standards; and b. Maintains disciplinary procedures to ensure adherence to the requirements of the organization or agency; and c. Provide consumers with contact information for the organization or agency in the practitioner's place of business. Massage or Massage Therapy means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the City Council Minutes August 10, 2020 page 15 general health and well-being of the recipient. Such system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydro massage; and thermal massage. Such techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands. Massage Therapist is an individual that has fulfilled the requirements for state licensure under Section 12-235-101 et seq., C.R.S., and has a valid massage therapist license issued by the state of Colorado to engage in the practice of massage therapy. Mobile Massage Unit means a vehicle or other movable enclosure specifically equipped for a massage therapist to provide massage therapy inside the vehicle or enclosure. Sexual Act means sexual contact, sexual intrusion, or sexual penetration as defined in Section 18-3-401, C.R.S. Spa Establishment means a commercial massage business that offers or engages in personal services that call for the patron to disrobe, such as body wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soak. Table Shower or Vichy Shower means an apparatus for the bathing or massaging of a person on a table or in a tub. Section 11-233. Licenses generally; minimum requirements. The licenses required by this article are in addition to any other applicable licenses or permits required by the city, county or state. Massage facilities licensed under this article shall comply with all other applicable city ordinances and laws, including the city zoning ordinances. Section 11-234. Licenses required. (a) No person or entity shall be permitted to operate a massage business in the city without a valid massage business license in addition to the business license required by Chapter 11, Article II. Additionally, no person or entity shall be permitted to operate such massage business without a licensed manager on site at all times, except as provided in (c) below. A massage business may obtain manager’s licenses for more than one individual. (b) No person shall be permitted to work as a manager of a massage business without a valid massage business manager's license. (c) An individual massage therapist operating a massage business as a solo practitioner, but who is not exempt from licensure under Section 11-232. Definition of Massage Business (i), is not required to obtain a massage business manager's license. Section 11-235. Application. City Council Minutes August 10, 2020 page 16 (a) In addition to the requirements of this Chapter and Chapter 11, Article II, each application for a massage business license shall contain the following information: (1) If the applicant is an individual; satisfactory proof that he or she is 18 years of age or older. (2) If the applicant is a legal entity; satisfactory proof that each of the individual officers, directors, managers, partners, members, principal owners, and/or anyone with 10 percent or more financial interest of such entity are 18 years or older. (3) Whether the applicant, or any of the other individuals required to be listed· in the application, have been convicted of, or plead "nolo contendere" to, a felony or misdemeanor, in any federal, state or municipal court in any of the United States jurisdictions or possessions, for prostitution, solicitation of prostitution, fraud, theft, embezzlement, money laundering or similar crimes. Failure to disclose any criminal conviction may result in denial of the license application. (4) Whether the applicant, or any of the other individuals required to be listed in the application, has had a previous license under this or any other similar massage business ordinance from another jurisdiction or possession of the United States, denied, suspended, or revoked, and, if so, the name and location of the massage business for which such license was denied, suspended, or revoked, as well as the date of such denial, suspension, or revocation. (5) Whether the applicant, or any of the other individuals required to be listed in the application, has been an officer, director, manager, partner, member, and/or principal owner of any legal entity which currently or previously operates or operated a massage business or business meeting the definition of massage business in this article and the name, dates of operation and location of such business or businesses. (6) Satisfactory proof of the applicant's ownership or right to possession of the premises wherein the massage business will be operated. The applicant shall have a continuing obligation to provide, where applicable, subsequent evidence of the right to possession of the premises. (b) The applicant for a massage business manager's license shall submit an application for a manager's license on a form prescribed by the city treasurer and filed at the offices of the city treasurer, which shall contain the following information: (1) If the applicant is an individual; satisfactory proof that he or she is 18 years of age or older. City Council Minutes August 10, 2020 page 17 (2) The applicant's name, address, date of birth, and telephone number. If the applicant is a licensed massage therapist, the state massage therapy license number. (3) Whether the applicant or any of the other individuals required to be listed in the application meet the requirements specified in paragraph (a) above and, if the applicant or any other person listed in the application have been involved in a criminal act as described in paragraph(a) above, the date and place of conviction, and the disposition. (4) Any disciplinary actions taken by any state or local massage therapy board or criminal convictions for violations of a massage therapy practice act in any jurisdiction or possession of the United States, and the result of such disciplinary actions, whether the applicant is a licensed massage therapist or not. Section 11-236. Review by other departments. (a) Prior to the issuance of any massage business license or a massage business manager's license, the corresponding application shall be submitted to the Police Department for review and comment. The Police Department shall provide any relevant and available information as to whether the applicant and each of the individuals required to be listed in the corresponding license application meet the requirements in section 11-235. Such review shall be completed within 20 days after the license application is submitted. (b) The Police Department shall only be required to provide the information specified in subsection (a) of this section and shall not be authorized to approve or disapprove any license application. Section 11-237. Issuance; denial. (a) If after an investigation, the city treasurer finds, in addition to any findings required by section 11-25, that the individual applicant and each of the individuals required to be listed in the massage business license application meet the requirements in subsection 11-235(a) and: (1) Are 18 years of age or older; and (2) Shall not; (a) have voluntarily surrendered any license to practice as a massage therapist or operate a massage business as a result of, or while, under civil or criminal investigation; or (b) have had a license to practice as a massage therapist or operate a massage business or similar license, denied or revoked by the State of Colorado or a political subdivision of Colorado, or a regulatory board in another United States jurisdiction or possession, for an act that occurred in that jurisdiction or possession that would be a violation under this article; and City Council Minutes August 10, 2020 page 18 (3) Shall not be a registered sex offender or required by law to register as a sex offender; and (4) Shall not have any prior conviction for an offense involving sexual misconduct with a child, including sexual abuse, sexual assault, sexual conduct, sexual molestation and sexual exploitation; and (5) Subject to the requirements of Section 24-5-101, C.R.S., shall not have any prior convictions or pending violations for any crimes, including but not limited to prostitution, or of operating a prostitution enterprise, theft, embezzlement, or money laundering; and (6) The location where the license is applied for has not had a similar license revoked or surrendered for cause within the last 24 months; and (7) The character, record, or reputation of the applicant, his or her agent, or his or her principal does not indicate that potential violations of this chapter are likely to occur if a license is issued to the applicant. Then he or she shall, within 30 days following receipt of the, license application, approve the issuance of massage business license to the applicant for use at the location identified in the license application as the situs of the business. In the event of a denial the treasurer shall explain with reasonable details in writing the reason for the denial and the applicant’s rights to a hearing under section 11-32. (b) If, after investigation, the treasurer finds, in addition to the findings required by section 11-25(a), that: (1) The applicant for a massage business manager's license meets all the requirements of subsection 11-235(b); and (2) If the applicant will be performing massage or massage therapy, the applicant has completed all requirements of section 12-235-101 et seq., C.R.S, and holds a valid state massage therapist license. Then he or she shall, within 30 days following receipt of the license application, issue a manager's license to the applicant. (c) Upon the sale or transfer of any interest in a massage business, the license issued pursuant to this article shall be null and void, and a new application shall be required. Section 11-238. Temporary license. (a) The treasurer may issue a temporary massage business license upon receipt of a complete massage business license application involving the sale or change in ownership of a business. Such license shall be issued for 30 days City Council Minutes August 10, 2020 page 19 and renewed every 30 days until approval or denial of the massage business license. (b) The treasurer may issue a temporary massage business manager license upon receipt of a complete massage manager license application upon sale, change of ownership, or change of manager of an existing licensed massage business. Such license shall be issued for 30 days and may be renewed for good cause for additional 30-day periods at the discretion of the treasurer. Section 11-239. Limitations on operation. It shall be unlawful for any person or entity in the business of operating a massage business or any manager or employee thereof: (a) To operate a massage business without a valid massage business license or with a license that has been suspended, revoked, or expired. (b) To employ any person to act as a manager at a massage business who is not licensed as a manager or a licensed owner. (c) To be open for business for the practice of massage therapy without a massage therapist on the premises that has been licensed in accordance with section 12-235-101, et seq., C.R.S. (d) To operate or maintain a table shower or Vichy shower on the premises unless permission to operate a table shower was approved as part of its massage business license. (e) To permit a licensed massage business to be used for housing, sheltering, or harboring any person(s), or as living or sleeping quarters for any person(s). The owner and family members of a massage business operated as a home occupation, as defined by this Code, are exempt from this prohibition. (f) To massage any other person, or give or administer any bath or baths, including table showers or Vichy showers, in a manner intended to arouse, appeal to, or gratify the lust or passions, or sexual desires of such other person. In no case shall the employee intentionally touch either the male or female genitalia of the client. (g) To allow any employee to provide massage therapy or other massage services without being fully clothed. For purposes of this subsection, employee clothing shall be of a fully opaque, nontransparent material that shall not expose the employee's genitals, pubic region, buttocks, or breasts below a point one inch above the top of the areola, or substantially expose the employee's undergarments. (h) To require client nudity as part of any massage service without the client's prior consent. (i) To use or possess adult-oriented merchandise, including sex toys, sexual aids, vaginal or anal lubricant, or any contraceptive item, in any part of a massage business. City Council Minutes August 10, 2020 page 20 (j) To permit any individual, including a client, student, contractor, or employee, to engage in any sexual act in the massage business. (k) To fail to immediately report to the Wheat Ridge Police Department any disorderly conduct, sexual acts, or other criminal activity occurring on or within the licensed premises. (l) To make an agreement, or to permit any individual to make an agreement with an employee, to engage in sexual activity in any other location, in violation of Section 16-201 or 16-202. (m) To conceal persons in the business or to elude city inspectors, by exiting side or back doors or remaining behind locked doors during an inspection. (n) To refuse to provide identification to city inspectors or law enforcement, (o) To perform or permit anyone to perform massage without a valid massage therapist’s license issued under section 12-235-101, et seq., C.R.S. (p) To perform or permit anyone to perform massage on a patron under the age of eighteen (18) years, unless such patron is accompanied by his or her parent or legal guardian, has a physician's prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services. (q) To operate the business between the hours of 9:00 p.m. and 6:00 a.m. Section 11-240. Required Acts. (a) Every licensed massage business is required to: (1) Maintain a current and up-to-date list of employees and contractors on site including start dates of employment or contracted service, full legal name, date of birth, home address and telephone number, employment position, date first began employment or service, and the date when services were terminated if applicable. (2) Maintain a copy of each massage therapist's Colorado license for each employee and contractor performing massages. (3) Maintain a complete set of records to include a log of all massage or massage therapy administered at the business. The log shall contain the following information: date, time and type of each massage therapy administered, and name of the employee administering the massage therapy. The log shall be retained for a minimum of one year following any massage therapy. The massage therapy log shall be subject to inspection upon request by the inspector, during normal business hours in compliance with applicable law. (4) Operate under or conduct business under only the designation specified in the license. City Council Minutes August 10, 2020 page 21 (5) List the address of the business in any advertisement. (6) Ensure that massage facilities interior and exterior doors remain unlocked while the massage business is open. The exception to this requirement is as follows: The exterior doors may remain locked if (i) the massage business is operated as a home occupation or (ii) during the time period when only one employee is present in the business. (7) Display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter a minimum of one-half (½) inch in height, which shall read as follows: WARNING IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS THE MINOR IS AUTHORIZED OR ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES. FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE WHEAT RIDGE CODE OF LAWS. (b) All employees, contractors, and other individuals, excluding clients, present in the massage business must have valid government identification in one of the following forms and must immediately present such identification upon request of an inspector or law enforcement personnel: (1) An operator's, chauffeur's or similar type of driver's license issued by any state, any U.S. Territory, or any foreign country including Canada and Mexico; or (2) An identification card issued by any state for the purpose of proof of age as in accordance with section 42-2-302 and 42-2-303 C.R.S.; or (3) A military identification card; or (4) A passport; or (5) An alien registration card; or (6) A valid employment authorization document issued by the U.S. Department of Homeland Security; or (7) A valid consular identification card from any foreign country. (c) Massage therapists shall remain fully clothed, as described in section 11- 239(g), while administering massage or otherwise visible to clients on business premises, including premises designated by the client through an outcall massage service. City Council Minutes August 10, 2020 page 22 Section 11-241. Inspections. (a) No owner, manager, massage therapist, or employee shall fail to immediately grant full massage business access any time such establishment is occupied or open or business, to a licensing administrator, authorized inspector, law enforcement officer, or any other person authorized or required by law to inspect the massage business. (b) All rooms, cabinets, storage areas shall be subject to inspection and any locked rooms, cabinets or storage areas shall be promptly opened for inspection. (c) No owner, manager, massage therapist, or employee shall fail to immediately grant access to the log of all massage therapy administered at the business, as required in Section 11-240(a)(3), to a licensing administrator, authorized inspector, law enforcement officer, or any other person authorized or required by law to inspect the massage business, without unreasonable delay. (d) Inspectors may request to review the massage therapist license issued by the State at any time during an inspection for the massage therapists, managers, or massage therapist employed as contractors. (e) All owners, managers, massage therapists, employees, contractors or persons occupying the business, other than clients, shall present identification and shall not elude identification. Section 11-242. Table or Vichy showers. (a) In order to operate or maintain a table or Vichy shower on or about the licensed premises, such device must be specifically allowed as a permitted device on the massage business license. (b) The treasurer may approve the use of a table or Vichy shower in the license if the following conditions are met: (1) The shower is commercial and professional in nature, manufactured with industrial grade materials, and is designed solely for the purpose of massage utilizing multiple overhead spray nozzles. Massage bathtubs and tables with accessory sprayers shall not qualify; and (2) The business practices appropriate draping of a shower client, to include draping of the buttocks and genitalia of all clients, unless the client gives specific written consent to be undraped. (c) If the treasurer has reason to believe that there is a failure to comply with the conditions in subsection (b) of this section, the treasurer shall provide City Council Minutes August 10, 2020 page 23 licensee with written notice that permission to operate a table or Vichy shower as part of its license is terminated and the business shall not be allowed to operate such shower. (d) The licensee may appeal the termination or denial of shower use in accordance with section 11-32. Section 11-243. Enforcement processes for revocation or suspension of licenses. (a) Administrative suspension or revocation. In addition to any reason set forth in sections 11-30 and 11-31, and notwithstanding any provision of this Chapter to the contrary, the city treasurer or the treasurer’s designee may suspend or revoke a massage business license or a massage business manager’s license, under the provisions of Article V of Chapter 2, if he or she finds that: (1) The licensee has committed a violation of any section of this Article X; or (2) Any employee or contractor required by this Article to possess a valid massage therapist license obtained their license through fraud, deceit or misrepresentation, or the state has revoked said massage therapy license. (b) Summary suspension or revocation. (1) Grounds. Notwithstanding any provision of Article II. of this Chapter or the notice provisions of Chapter 2, Article V. to the contrary, the city treasurer or the treasurer’s designee may summarily suspend a massage business license or a massage business manager’s license, upon a finding that: A. The licensee willfully failed to disclose any information as required in section 11-235; or B. The licensee knowingly permitting a person to perform massage therapy when licensee should have reasonably known that such person was not licensed in accordance with section 12-235-101, et seq., C.R.S.; or C. A pattern of credible facts emerges that the business is attempting to operate a prostitution enterprise whether or not there is a violation of any other specific law, rule, or code; or D. A pattern of credible facts emerges that the licensee knowingly concealed persons within the business premises or permitted employees or contractors to elude inspection; or E. A pattern of credible facts emerges that a person who was not licensed in accordance with section 12-235-101, et seq., C.R.S., and City Council Minutes August 10, 2020 page 24 did not possess a valid massage therapist license performed massage at the licensed premises; or F. The licensee failed to permit an inspection any time the business is occupied or open for business; or G. For a business not possessing a valid massage business license, the licensee has had a license revoked for cause anytime within the prior twenty-four (24) months for the same or a substantially similar business either in the city or in another jurisdiction. (2) Process. Upon a finding that one or more grounds exist for the summary suspension of a massage business license or a massage business manager’s license, the city treasurer shall: A. Cause a notice of summary suspension of license to be served upon the licensee. The notice shall provide for a hearing to be held within fifteen (15) business days to determine whether the suspension should be terminated or continued or whether the license should be revoked; and B. Post a sign upon the licensed premises that the massage business is closed to the public until further notice. (3) Hearing. The hearing on the summary suspension of a license shall be held pursuant to section 2-88 of this Code. Notwithstanding the provision of Sec. 2-88(e), the administrative hearing officer is authorized to decide if the license under summary suspension should be revoked. (4) Appeal. Final decisions of the administration hearing officer may be appealed to the district court of Jefferson County. (5) Additional enforcement remedy. Any massage business found to be operating without the licenses required by Section 11-234 or that continues operating after receiving a notice of summary suspension under subsection 11-243(b), above, is hereby declared to be a nuisance and may be abated pursuant to the provisions of Chapter 15 of this Code. Section 11-244. Supplemental provisions. The city treasurer or the treasurer’s designee, at his or her discretion, may: (a) Promulgate rules for approving professional organizations or credentialing agencies; and (b) Verify exempt status of individuals, in keeping with the intent of this Article; and (c) Exempt additional practices from the requirements of this ordinance; and (d) Determine that a practice defined as excluded under the Definition of Massage Business, herein, is no longer exempt, if there is a continued pattern of criminal City Council Minutes August 10, 2020 page 25 behavior regarding sexual misconduct or criminal intent that is related to human trafficking disguised as a legitimate exemption. Section 11-245. Fees. The application and annual license fees for a massage business license and a massage business manager’s license shall be established by the city manager or the manager’s designee as part of the annual budget process. Section 3. Section 2-80 of the Wheat Ridge Code of Laws is hereby amended, as follows: Sec. 2-80. - Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 9, Health; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Article X of Chapter 11 concerning Massage BUSINESSES Chapter 16, Concerning Massage Parlors, but not to include the balance of Chapter 16, Miscellaneous Offenses; Chapter 21, Streets and Sidewalks; Chapter 22, Taxation; Chapter 24, Vegetation; Chapter 26, Zoning. Section 4. Subsection 11-32(f) of the Wheat Ridge Code of Laws is hereby repealed. Section 5. Section 15-16 of the Wheat Ridge Code of Laws is hereby amended, by the addition of the following subsection: Sec. 15-16. - Offensive trade or business. . . . (7) Certain Massage Businesses. A massage business that is operating without possessing the licenses required by Section 11-234 of this Code, or that continues to operate after receiving a notice of summary suspension under Section 11-243(b) of this Code. Section 6. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended, as follows: City Council Minutes August 10, 2020 page 26 Section 26-123. - Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined BELOWabove shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Section 7. The Table of Uses – Commercial and Industrial Districts contained in Section 26-204 is hereby amended, as follows: Uses Notes NC RC C-1 C-2 I-E Massage parlor P Massage therapist See Chapter 11, Article 10 Code of Laws for additional restrictions P P P P P Massage therapy center See Chapter 11, Article 10 Code of Laws for additional restriction P P P P P MASSAGE BUSINESS See Chapter 11, Article X, Code of Laws for additional restrictions P P P P P Section 8. Subparagraph A.11.l. of Section 26-613 is hereby amended, as follows: Sec. 26-613. Home occupations. . . . 11. Home occupations are limited to the following business or commercial activities: . . . l. Massage therapist, restricted to one (1) practitioner, POSSESSING A CURRENTLY VALID MASSAGE THERAPIST LICENSE ISSUED BY THE STATE OF COLORADO PURSUANT TO SECTION 12-235-101. ET. City Council Minutes August 10, 2020 page 27 SEQ., C.R.S. AND subject to the restrictions of Chapter 11, Article X of the Code of Laws. m. Other similar uses as approved by the director of community development or board of adjustment and when in conformance with the standards and requirements set forth herein. Section 9. 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 10. Compliance Required – Schedule. Massage businesses, holding valid business licenses issued under Article II. of Chapter 11 of the Wheat Ridge Municipal Code on the date of final passage of this Ordinance, shall come into full compliance with the requirements of this ordinance within ninety (90) days after the effective date of this ordinance. Such businesses will be exempt from the payment of fees for their massage business license if they apply within thirty (30) days after the effective date of this ordinance. Except as specifically described in this Section 10, the requirements of this Ordinance shall apply to all new or currently unlicensed massage businesses upon the effective date of this Ordinance. Section 11. 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 _8_ to _0_ on this 27th day of July, 2020, 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 8, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of __8_ to _0__, this __8th___ day of August, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk City Council Minutes August 10, 2020 page 28 Approved as to Form Gerald E. Dahl, City Attorney DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: SECOND PUBLIC INPUT OPPORTUNITY FOR 2021 BUDGET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: Development of the 2021 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2021 proposed budget. This public input opportunity is the second of two; the first opportunity for public input was held during the regular City Council meeting on Monday, July 27, 2020. PRIOR ACTION: No prior action was necessary on this item. FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers’ Association (GFOA). Staff includes a summary of all feedback received from these public input meetings in the presentation of the proposed budget to City Council. CITIZENS’ RIGHT TO SPEAK Second Public Input Opportunity on the 2021 Budget August 24, 2020 Page 2 The 2021 Budget is scheduled to be presented to the Mayor and City Council on Monday, October 5, 2020. Following review and direction from City Council, the public hearing and adoption of the proposed 2021 Budget is scheduled for Monday, November 9, 2020. The proposed budget will be available online on the City website prior to the October 5 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2021 Budget at the October 5 and November 9 meetings in addition to the two scheduled public input opportunities. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ITEM NO: ____ DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 42-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $731,571 FOR THE PURPOSE OF ACCEPTING THE CARES ACT LOCAL GOVERNMENT DISTRIBUTION FROM JEFFERSON COUNTY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Administrative Services Director City Manager ISSUE: The City entered into an intergovernmental agreement (IGA) with Jefferson County for the purpose of accepting $2,463,142 in CARES Act funding in 2020. The first fifty percent, or $1,231,571, was appropriated by City Council on June 8. The second fifty percent was received on August 7, 2020 and now requires appropriation by City Council. City Council already appropriated $500,000 in Business Stabilization Grant funding from General Fund reserves in March and May; therefore, this supplemental budget appropriation will be reduced by that amount for a total appropriation of $731,571. PRIOR ACTION: Council approved supplemental budget appropriations on March 30, 2020 and May 11, 2020 to appropriate a total of $500,000 from General Fund reserves for the Business Stabilization Grant program. Council approved the IGA with Jefferson County on May 11, 2020 which outlines the obligations of the City of Wheat Ridge in receiving the CARES Act funding. Council approved a supplemental budget appropriation in the amount of $1,231,571 on June 8 to accept the first fifty percent of Cares Act funding from Jefferson County. 1a Council Action Form – CARES Act Supplemental Budget August 24, 2020 Page 2 FINANCIAL IMPACT: The increased appropriation of expenditures is offset by revenue as outlined in the IGA. As previously noted, the City has now received the full amount of $2,463,142 specified in the IGA. City Council has authorized economic support to small Wheat Ridge businesses in the amount of $500,000 through the Business Stabilization Grant program. In order to fund this program, Council initially authorized supplemental budget appropriations in the amount of $500,000 from General Fund reserves and directed staff to use CARES Act funding to reimburse the General Fund for those expenditures. By subtracting $500,000 from this second payment from Jefferson County, the City’s budget is in alignment with authorized spending on CARES eligible projects to equal $2,463,142. In order to obtain this second payment from the County, staff developed an estimated spending plan which was submitted to the County with a request for the second half of the distribution on July 20, 2020. Funds will be used to offset the City’s costs of responding to the pandemic as follows: BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of-state visitor to Summit County who was transported to Jefferson County and on March 10, 2020, the first Jefferson County resident tested positive for COVID-19, with two additional cases CARES Topic Expense Description Estimate Economic Support Business Stability Grants, Business Reopening Assistance Program, dedicated business promotional websites, signage, advertising $625,000 Improvements to teleworking capabilities for public employees Remote devices and supplies, updated VPN solution, virtual meeting subscriptions, software to enable virtual customer service $237,000 Public Health Additional vehicles, facility remodeling for social distancing and safety, personal protective equipment (PPE), sanitation, HVAC filtration upgrades $776,142 Budgeted personnel and services diverted due to a substantially different use Salary and benefits costs of budgeted staff diverted to the pandemic $700,000 Payroll for public health and safety employees Paid sick and paid family and medical leave to enable COVID-19 precautions; worker's compensation and unemployment insurance $125,000 TOTAL $2,463,142 Council Action Form – CARES Act Supplemental Budget August 24, 2020 Page 3 reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, Jefferson County would continue to see cases of the virus and its transmission within the community. On March 13, 2020, the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the pandemic is expected to exceed Jefferson County’s available resources. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act, (the “CARES Act”), which established a $150 billion Coronavirus Relief Fund to make payments from the Fund to States and eligible units of local government. Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of local government under the CARES Act, and, as a result, the County requested direct payment of its share of the funding from the US Department of the Treasury on April 17, 2020. Jefferson County recognizes that cities within the County will also have increased expenditures due to COVID-19, and would like to share Jefferson County’s allocation with them. Jefferson County will mirror the 55%/45% split utilized in the CARES Act for State/Local government distribution to share with local Jefferson County jurisdictions on a per capita basis. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request. RECOMMENDED MOTION: “I move to approve Resolution No. 42-2020, a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $731,571 for the purpose of accepting the CARES Act local government distribution from Jefferson County” Or, “I move to deny Resolution No 42-2020, a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $731,571 for the purpose of accepting the CARES Act local government distribution from Jefferson County for the following reason(s) __________________________.” REPORT PREPARED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 42-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2020 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $731,571 FOR THE PURPOSE OF ACCEPTING THE CARES ACT LOCAL GOVERNMENT DISTRIBUTION FROM JEFFERSON COUNTY WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, Jefferson County’s population exceeds 500,000 and therefore received approximately $101 million in funding through the CARES Act, a portion of which the County desires to share with municipalities in Jefferson County; and WHEREAS, the City Council authorized the intergovernmental agreement with Jefferson County for the purpose of accepting a local distribution of CARES Act funding; and WHEREAS, funds distributed to the City will be spent to offset the costs of responding to the COVID-19 health emergency. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $731,571 is hereby approved from the General Fund undesignated reserves to account 01-610-700-777 and the 2020 revenues are amended accordingly. DONE AND RESOLVED this 24th day of August, 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2020 – A RESOLUTION AMENDING THE 2020 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE BUREAU OF JUSTICE ASSISTANCE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM IN THE AMOUNT OF $33,637 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Bureau of Justice Assistance (BJA) awards police departments Justice Assistance Grant (JAG) funds to be used for law enforcement purposes. In 2020, the BJA, as part of the Coronavirus Emergency Supplemental Funding Program awarded the Wheat Ridge Police Department $33,637 to be used to prepare for or respond to the Coronavirus pandemic. PRIOR ACTION: This is a one-time award that is unique to this time in history. Council has accepted BJA funds before in the form of JAG grants. 1b Council Action Form – 2020 BJA Coronavirus Grant August 24, 2020 Page 2 FINANCIAL IMPACT: These grant funds have not been appropriated in the 2020 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the following purposes: 1. On-line reporting service compatible with the records management system (RMS) - $11,520 for one-year service fee 2. Driver’s License scanning system that will allow officers to take driver’s license information from contacts without the handling of documents - $18,367 3. Workstation at Lutheran Medical Center so that officers stationed there will be able to do their work more efficiently - $3,750 In the event that any of these projects must go over budget for successful completion, civil forfeiture funds from Fund 17 may be used. BACKGROUND: COVID-19 has presented challenges to every aspect of life including the enforcement of laws and ordinances within the City of Wheat Ridge. Although there are some opportunities to recoup operational costs from federal sources, changes in business practices are not normally reimbursable costs. The BJA made $33,637 available for use by the Wheat Ridge Police Department for COVID-19 related expenses. Staff put together three separate projects that change operational practices in order to reduce possible exposures for employees and citizens. The first is an on-line reporting system. Currently the department has no ability to accept on-line reports of criminal activity. Citizens must call the desk officer, come in to the PD or request an in person response from a police officer. Lexis-Nexis has an on-line system compatible with the City’s Records Management System (RMS). This project will allow citizens to file reports without in person contact. At $960.00 per month, a one-year subscription is $11,520. BJA has designated this as an acceptable use of these funds. The second project is driver’s license (DL) scanners. These scanners allow for the transmission of DL information to an officer’s computer through a hand-held scanner. This will allow officers to get identifying information from citizens without the transfer of the DL from the citizen to the officer therefore limiting exposure to both. This project is estimated to cost $18,367 for enough scanners for a single shift of officers. Additional scanners may be needed over time. BJA has designated this as an acceptable use of these funds. The third project is a workstation at Lutheran Medical Center (LMC). Throughout the pandemic, LMC has become a significant source of calls for service. Currently there is an officer stationed there eight hours a day, every day. During certain times there has been a need for more than one officer to be assigned at LMC 24-hours a day. A work station at LMC would allow those officers Council Action Form – 2020 BJA Coronavirus Grant August 24, 2020 Page 3 stationed there to efficiently file reports as well as have access to police data bases. The cost of this project is estimated at $3,750. BJA has designated this as an acceptable use of these funds. RECOMMENDATIONS: Staff recommends that Council accept the JAG funds to initiate an on-line reporting system, procure hand-held DL scanners and establish a work station Lutheran Medical Center and amend the budget accordingly. RECOMMENDED MOTION: “I move to approve Resolution No. 43-2020, a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program in the amount of $33,637.” Or, “I move to deny approval of Resolution No. 43-2020, a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program in the amount of $33,637 for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Dave Pickett, Division Chief Christopher Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 43-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2020 TITLE: A RESOLUTION AMENDING THE 2020 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATIONL FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE BUREAU OF JUSTICE ASSISTANCE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM IN THE AMOUNT OF $33,637 WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”), is a home rule municipality with statutory and constitutional authority to provide law enforcement services; and WHEREAS, on an annual basis, the Bureau of Justice Assistance (BJA) awards local police departments Justice Assistance Grant (JAG) funds to be used for law enforcement purposes; and WHEREAS, in 2020, the BJA, as part of the Coronavirus Emergency Supplemental Funding Program, has awarded the Wheat Ridge Police Department (WRPD) $33,637 in JAG funds to be used to prepare for or respond to the Coronavirus pandemic; and WHEREAS, the WRPD has proposed, and the BJA has approved, the use of such funds to purchase an on-line reporting system, hand-held driver’s license scanners and a police officer workstation to be used at Lutheran Medical Center; and WHEREAS, the Council therefore wishes to accept the 2020 JAG funds for the aforementioned Coronavirus response purposes, as set forth herein; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City of Wheat Ridge hereby accepts the 2020 Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding in the amount of $33,637 to purchase an on-line reporting system, hand-held driver’s license scanners and a police officer workstation to be used at Lutheran Medical Center. Section 2. A transfer of $33,637 is hereby approved from the General Fund undesignated reserves to account 01-202-700-755 and the 2020 revenues are amended accordingly ATTACHMENT 1 2 DONE AND RESOLVED this 24th day of August, 2020. ______________________________ Bud Starker, Mayor ATTEST: _______________________________ Steve Kirkpatrick, City Clerk ITEM NO: DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2020 – AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE PUBLIC HEARING ORDINANCES FOR 1ST READING (08/10/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/24/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ____________________________ City Attorney City Manager ISSUE: The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. This Ordinance will amend Section 16-103 of the Wheat Ridge Code of Laws to apply a numeric decibel standard to enforce noise complaints emanating from industrial zoned districts within the City, maintain a reasonableness standard for noise complaints in all other zone districts within the City at a distance of 50 feet or more, create a special permit program for amplified sound at events on private property, set date and time limits and to provide a limited number of exemptions. PRIOR ACTION: In 2005, City Council repealed the Disturbing the Peace Ordinance which was difficult to enforce as the only standard for noise enforcement was “sound at such a level, or at such an hour, as to disturb the peace of any other person.” Council replaced it with the current Unnecessary Noise and Disturbing the Peace Ordinance which subjects any noise/sound to a more objective standard, specifically that it will be deemed unreasonable any sound is audible twenty-five (25) or more feet from the noise or sound source. The ordinance also deals specifically with noise created in multi-unit dwellings and with trash truck pick-ups after 11:00 p.m. and before 7:00 a.m. Finally, the ordinance 2 Council Action Form – Noise Ordinance August 24, 2020 Page 2 allows any member of the police department, who personally observes a violation, to serve as the complaining party in the prosecution of such a violation In 2012, City Council again took up this topic after complaints of unreasonable noise emanating from a restaurant/bar along 44th Avenue. An ordinance was drafted to amend the City’s existing ordinance to create a special permit program for amplified sound at outdoor events on private property, set date and time limits and to provide a limited number of exemptions. There was some interest from Council at the time in applying a numeric decibel standard to enforce noise complaints. However, the final draft ordinance as presented to Council relied on a “reasonableness” standard. The ordinance was postponed indefinitely at the public hearing on August 27, 2012. At the September 23, 2019 special study session, a discussion on noise was added to the agenda at the request of Councilmember Dozeman and former Councilmember Mathews. Resident complaints concerning unreasonable noise emanating from a manufacturing business in northwest Wheat Ridge prompted this request. After a brief discussion by City Council, consensus was reached to direct Staff to draft an ordinance with a “hybrid” approach to enforce noise complaints using both qualitative and quantitative measures, depending on zoning district. This issue was again addressed with City Council at the December 16, 2019 study session due to the fact that there was limited discussion at the September 23rd special study session and the Council now had four new councilmembers. The following consensus was received: 1. Create a hybrid approach for a noise ordinance (i.e. set decibel level limits for industrial zoned districts and use a reasonableness standard for all other zone districts) 2. Unreasonable noise is prohibited especially between the hours of 10 p.m. and 7 a.m. 3. Create a permit process for public events (live outside amplified music on patios, etc.) and special events (Carnation Festival, etc.) outside of the hours 10 p.m. to 7 a.m. 4. Any unreasonable noise 50' or more from noise source is prohibited 5. Provide exemptions for construction, fireworks, loading operations, homeowner activities, road improvements and fire and police Finally, City Council reviewed a draft ordinance at the July 20, 2020 study session and consensus was received to add the ordinance to a future agenda for first reading. FINANCIAL IMPACT: The overall financial impact of this ordinance is negligible. Decibel readers that include a certificate of traceability are estimated to cost approximately $500/each. The Police Department has identified the need for at least four units for a total cost of $2,000. BACKGROUND: The Acoustical Society of America has noted that “Cities try different tactics to regulate noise: Survey of noise ordinances in nearly 500 of the largest communities in the U.S. shows there’s no set standard to preserving peace and quiet.” This database of noise ordinances includes decibel-based Council Action Form – Noise Ordinance August 24, 2020 Page 3 standards, plainly audible standards, nuisance standards, quite zones and restrictions based on zoning, setbacks, time-of-day regulations, and outright bans on some noise sources. Many communities rely on a combination of these regulatory approaches. However, noise ordinances across the country are typically characterized as “qualitative” or “quantitative”. Qualitative noise ordinances are based upon vague standards that proscribe noise characterized by one or more adjectives, such as “unusual”, “unnecessary”, or “unreasonable”. This type of ordinance may also define certain sound related activities or specific noise sources to be annoying or disturbing and thus a violation of the ordinance. The qualitative ordinance is generally subjective in nature, and is more likely to pose constitutional issues such as vagueness and is also more likely to be subject to enforcement at the discretion of local police and to non-uniform application. Quantitative ordinances, on the other hand, proscribe noise-producing conduct by decibel levels, applying scientific standards of sound intensity and frequency. The quantitative ordinance is capable of providing non-discretionary, objective and predictable standards. Quantitative standards are more amendable to tailoring in order to meet the specific, unique needs of a local community. Following is an illustration of common noise sources: The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. However, while decibel levels may be a more scientific measure of noise, they’re also difficult to enforce. Police Officers must be trained in the use of noise meters and they have to have their calibrated equipment with them to measure sound levels. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2020, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise, on second reading, and that it takes effect 15 days after final publication.” Council Action Form – Noise Ordinance August 24, 2020 Page 4 Or, “I move to approve Council Bill No. 17-2020, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise, on second reading, and that it takes effect 15 days after final publication, with the exception of Subsection 16-103(c) concerning Unlawful Noise: Industrial Properties, which subsection shall take effect on _____________________, as permitted by Section 5.11 of the City Charter.” Or, “I move to postpone indefinitely Council Bill No. 17-2020, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise for the following reason(s)_______________________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 17-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 17 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously enacted Section 16-103 of the Code of Laws, concerning regulation of noise; and WHEREAS, following public outreach and after hearing the concerns of residents and the business community, the Council wishes to amend Section 16-103 to better address the manner in which noise is measured and unreasonable noise is prohibited and enforced. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-103 is amended to read as follows: Sec. 16-103. - Unreasonable noise; disturbing the peace: (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: AMPLIFIED SOUND SHALL MEAN THE USE OR OPERATION ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS, ADDRESSES OR LECTURES, OR FOR TRANSMITTING MUSIC OR SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS. AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT AUDIBLE FIFTY (50) OR MORE FEET FROM THE PROPERTY LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS LOCATED. SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY OTHER SOUND, OR BY WHICH THE HUMAN VOICE, MUSIC OR ANY OTHER SOUND IS AMPLIFIED. UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO ANY PROPERTY OR BUSINESS. AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED PURSUANT TO THIS SECTION. EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN AMPLIFIED SOUND EVENT IS HELD, EXTENDING TO THE EXTERIOR PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL NEIGHBORHOOD “BLOCK PARTY” OR SIMILAR FUNCTION, THE EVENT LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT. (B) UNLAWFUL NOISE: RESIDENTIAL AND COMMERCIAL PROPERTIES: It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities INCLUDING BUT NOT LIMITED TO THE FOLLOWING: THE SOUNDING OF ANY HORN, SIGNALING DEVICE, OR SIMILAR DEVICE ON ANY AUTOMOBILE , MOTORCYCLE OR OTHER VEHICLE; ANY AMPLIFIED SIGNAL FROM ANY BELL, CHIME, SIREN, WHISTLE OR SIMILAR DEVICE INTENDEND FOR NONEMERGENCY PURPOSES; ANY SIGNALING DEVICE INCLUDING FIRE, BURGLAR, SIREN, WHISTLE UNLESS IN AN EMERGENCY; RADIOS, TELEVISIONS, BOOM BOXES, PHONOGRAPHS, STEREOS, MUSICAL INSTRUMENTS AND SIMILAR DEVICES. The following FOREGOING noises and circumstances shall be deemed as prima facie unreasonable IF: (1) Any noise or sound which is audible twenty-five (25) FIFTY (50) or more feet from a mobile noise or sound source. (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) FIFTY (50) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes IN A TWO (2) HOUR PERIOD. (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11:00 p.m. 10:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (C) UNLAWFUL NOISE: INDUSTRIAL PROPERTIES. IT SHALL BE UNLAWFUL FOR ANY PERSON TO EMIT OR CAUSE TO BE EMITTED ANY NOISE WHICH LEAVES THE PREMISES ON WHICH IT ORIGINATES, CROSSES A PROPERTY LINE, AND ENTERS ONTO ANY OTHER PREMISES IN EXCESS OF THE SOUND PRESSURE LEVELS DURING THE TIME PERIODS AS SPECIFIED IN TABLE A. (1) THE NOISE SOURCE SHALL BE MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE OF THE RECEIVING PREMISES TO DETERMINE COMPLIANCE WITH THIS SECTION. (2) THE DECIBEL LEVEL OF ANY NOISE REGULATED ON A DECIBEL BASIS BY THIS ARTICLE SHALL BE MEASURED BY A SOUND LEVEL METER. THE TEST RESULTS SHALL BE PRIMA FACIE EVIDENCE IF ADMINISTERED IN CONFORMANCE WITH THE AMERICAN NATIONAL STANDARDS INSTITUTE. IN ORDER TO IMPLEMENT AND ENFORCE THIS ARTICLE EFFECTIVELY, THE CHIEF OF POLICE SHALL PROMULGATE STANDARDS AND PROCEDURES FOR USING AND TESTING SOUND LEVEL METERS USED IN THE ENFORCEMENT OF THIS ARTICLE. TABLE A: ALLOWABLE NOISE LEVELS (IN DBA) WITH TIME OF DAY ALLOWANCE RECEPTOR PREMISES 7AM-10PM/10PM-7AM SOURCE PREMISES RESIDENTIAL COMMERCIAL INDUSTRIAL INDUSTRIAL 55/50 65/60 80/75 (D) PERMIT FOR AMPLIFIED SOUND EVENT NO PERSON SHALL USE OR CAUSE TO BE USED ANY LOUDSPEAKER, LOUDSPEAKER SYSTEM, SOUND AMPLIFIER OR ANY OTHER MACHINE OR DEVICE WHICH PRODUCES, REPRODUCES, OR AMPLIFIES SOUND OUTSIDE OF BUILDINGS OR OTHER ENCLOSED STRUCTURES IN A MANNER WHICH EXCEEDS THE LEVELS SPECIFIED IN SECTION 16-103(B), WITHOUT FIRST OBTAINING A PERMIT TO DO SO. AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING CONDITIONS: (1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED BY THE CITY CLERK. (2) THE APPLICATION SHALL BE APPROVED, APPROVED WITH CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW BY THE POLICE DEPARTMENT AND ANY OTHER CITY DEPARTMENT AS APPROPRIATE. (3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN EVENT OUTSIDE OF THE HOURS OF 9:00 AM AND 9:00 PM SUNDAY THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND EVENTS MAY BE LIMITED IN DURATION AS DETERMINED BY THE CITY MANAGER. (4) A PERMIT SHALL NOT BE ISSUED FOR THE SAME LOCATION MORE THAN SIX TIMES DURING ANY ONE-YEAR PERIOD. (5) THE PERMIT SHALL NOT AUTHORIZE, ALLOW, OR OTHERWISE PERMIT THE PRODUCTION, REPRODUCTION, OR AMPLIFICATION OF SOUND WHICH EXCEEDS SEVENTY-FIVE (75) DB(A) WHEN MEASURED FROM THE NEAREST RECEIVING PROPERTY. (6) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY RESULT IN THE PERMIT BEING REVOKED. (7) THE EVENT SPONSOR SHALL POST, AT THE EVENT LOCATION, AND DELIVER FLYERS TO ALL RESIDENCES AND BUSINESSES WITHIN A 300 FOOT RADIUS OF THE EXTERIOR PROPERTY LINE OF THE EVENT LOCATION, ADVISING THE SURROUNDING NEIGHBORHOOD OF THE DATE AND PERMITTED TIMES OF THE EVENT, NO LATER THAN SEVEN (7) DAYS BEFORE THE EVENT. (8) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE DEPARTMENT’S SOUND JUDGMENT, UNREASONABLE NOISE. (9) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(1), (B)(2) AND (B)(3) OF THIS SECTION. (E) NOISE CAUSED IN THE PERFORMANCE OF EMERGENCY WORK FOR THE IMMEDIATE SAFETY, HEALTH, OR WELFARE OF THE COMMUNITY OR INDIVIDUALS OF THE COMMUNITY, OR TO RESTORE PROPERTY TO A SAFE CONDITION FOLLOWING A PUBLIC CALAMITY SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION. (F) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party. (G) Any activity or noise source conducted or caused by an activity conducted OR sponsored or approved by the city shall be exempt from the requirements of this section. 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. 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 8 to 0 on this 10th day of August, 2020, 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 24, 2020 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 24th day of August, 2020. SIGNED by the Mayor on this 24th day of August, 2020. ________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: August 13, 2020 Second Publication: August 27, 2020 Jeffco Transcript Effective Date: September 11, 2020 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: ____ DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 44-2020 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE ESTABLISHMENT OF A REGIONAL HOMELESS NAVIGATOR TO SUPPORT AND ASSIST THOSE EXPERIENCING HOMELESSNESS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ City Manager ISSUE: The City of Wheat Ridge is committed to regional homeless navigation efforts between Jefferson County and the cities therein to address the increasing number of individuals experiencing homelessness. In partnership with the cities of Golden and Edgewater, Wheat Ridge will staff or contract one full-time Homeless Navigator to share between the three cities. PRIOR ACTION: City Council approved a 0.5 FTE Homeless Navigator in the 2020 Adopted Budget. In February 2020, Council passed Resolution No. 13-2020, which approved a regional MOU concerning homeless navigation efforts. FINANCIAL IMPACT: The 2020 Adopted Budget approved a 0.5 FTE Homeless Navigator, which totaled $42,037 including salary and benefits. The full-time cost of the same position would be approximately $85,000. 3 Council Action Form – Homeless Navigator IGA August 24, 2020 Page 2 The Intergovernmental Agreement (IGA) divides the payment obligations by city population, with Wheat Ridge covering 56%, and Golden and Edgewater covering 35% and 9%, respectively. Wheat Ridge would pay the full cost of the position, and would invoice Golden and Edgewater for their corresponding costs. BACKGROUND: Last year, City Council approved a 0.5 FTE Homeless Navigator in the 2020 Adopted Budget. This position was part of a regional effort throughout Jefferson County to address the rise of individuals experiencing homelessness. Part of these efforts includes establishing a network of Homeless Navigator positions in individual jurisdictions that work in collaboration as regional partners. The Navigators deliver direct services to individuals and families in need, provide program and stabilization-related support, and collect and distribute information and resources to assist those experiencing homelessness. The City posted the position in December and interviewed candidates in January and March. The position was difficult to fill, in part because of the nature of the half-time role would require some inconsistent and on-call hours, which would make it difficult for candidates to maintain a second part-time job. The Homeless Navigator hiring process was then frozen in March due to the COVID-19 pandemic. During this time, the City spoke with neighboring cities Golden and Edgewater. Golden was also having difficulty filling a 0.5 FTE role and Edgewater needed more homeless support than originally anticipated. As part of this IGA, the three cities are now working toward hiring or contracting for one full-time Homeless Navigator to share. Wheat Ridge will establish and fill a Homeless Navigator position, and both Golden and Edgewater will allocate financial and/or staff resources to facilitate the work of the Homeless Navigator. The burden of cost between each cities will be divided between the cities on a pro-rata basis based upon the respective populations of the cities. For 2020, the division will be: Wheat Ridge – 56%; Golden – 35%; Edgewater – 9%. To move forward with the IGA, the budgeted 0.5 FTE Homeless Navigator position will become a full-time position, increasing the total FTE count for the City by 0.5. Additionally, the position will be taken out of the Crime Prevention Fund in the Police Department and placed into the City Manager’s Office. This will allow the Homeless Navigator to access the County’s Homeless Management Information System which is not accessible by the police department. RECOMMENDATIONS: Staff recommends approval of the resolution approving the IGA with Golden and Edgewater. RECOMMENDED MOTION: “I move to approve Resolution No. 44-2020, a resolution approving an intergovernmental agreement concerning the establishment of a regional Homeless Navigator to support and assist those experiencing homelessness.” Council Action Form – Homeless Navigator IGA August 24, 2020 Page 3 Or, “I move to table indefinitely Resolution No. 44-2020, a resolution approving an intergovernmental agreement concerning the establishment of a regional Homeless Navigator to support and assist those experiencing homelessness for the following reason(s) ______________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager Marianne Schilling, Assistant City Manager ATTACHMENT 1. Resolution No. 44-2020 2. Exhibit A – IGA with Golden and Edgewater CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 44 Series of 2020 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE ESTABLISHMENT OF A REGIONAL HOMELESS NAVIGATOR TO SUPPORT AND ASSIST THOSE EXPERIENCING HOMELESSNESS WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the increasing number of individuals experiencing homelessness continues to be a regional issue which affects the health, safety and welfare of the City and neighboring communities; and WHEREAS, The City wishes to partner with the cities of Golden and Edgewater to coordinate homelessness navigation efforts by cooperating in the establishment of a Homeless Navigator position to assist and support homeless individuals within their common jurisdictional boundaries; and WHEREAS, the City’s support of the Homeless Navigator position will serve a public purpose and will promote the health, safety and welfare of the inhabitants of the City and its neighboring communities; and WHEREAS, the City Council wishes to approve an intergovernmental agreement with the cities of Golden and Edgewater to accomplish these goals. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Intergovernmental Agreement among the City of Wheat Ridge and the cities of Golden and Edgewater, attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 24th day of August 2020. __________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 EXHIBIT A INTERGOVERNMENTAL AGREEMENT CONCERNING THE ESTABLISHMENT OF A REGIONAL HOMELESS NAVIGATOR TO SUPPORT AND ASSIST THOSE EXPERIENCING HOMELESSNESS [ATTACHED] 1 COE.TWR.00601 AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE ESTABLISHMENT OF A REGIONAL HOMELESS NAVIGATOR TO SUPPORT AND ASSIST THOSE EXPERIENCING HOMELESSNESS 1.0 PARTIES. This Intergovernmental Agreement Concerning the Establishment of a Regional Homeless Navigator to Support and Assist Those Experiencing Homelessness (this “Agreement”), effective as of _____________, 2020 (“Effective Date”), is entered into by the following Parties (each, individually, a “Party”): 1.1. The City of Edgewater, a Colorado municipal corporation (“Edgewater”); 1.2. The City of Golden, a Colorado municipal corporation (“Golden”); and 1.3. The City of Wheat Ridge, a Colorado municipal corporation (“Wheat Ridge”). 2.0 RECITALS 2.1. The Parties are authorized by the provisions of Colo. Const. Art. XIV, §18(2)(a) and C.R.S. §§29-1-201, et. seq. to contract with one another to provide any function, service, or facility lawfully authorized to each. 2.2. The increasing number of individuals experiencing homelessness continues to be a regional issue that affects the health, safety, and welfare of each of the Parties’ communities. 2.3. The Parties have determined it would be in the best interest of all of the Parties to coordinate homelessness navigation efforts by cooperating in the establishment of a Homeless Navigator position to assist and support homeless individuals within the jurisdictional boundaries of the Parties. 2.4. In addition to assisting and supporting homeless individuals within the jurisdictional boundaries of the Parties, an essential part of the navigation efforts will be to establish and/or contribute resources to a network of Homeless Navigator positions within the region, in a collaborative approach to address the growing concerns related to homelessness. 2.5. Establishment of this Agreement will serve a public purpose and will promote the health, safety, and general welfare of inhabitants in and around the jurisdiction of the Parties. ATTACHMENT 2 2 COE.TWR.00601 3.0 TERM AND RENEWAL. 3.1. This Agreement will remain in effect through December 31, 2021 (“Initial Term”), subject to the provisions of section 9.6 of this Agreement and the Parties’ right to terminate under section 8.0 of this Agreement. 3.2. This Agreement will automatically renew for up to four consecutive one-year terms (each a “Renewal Term”), upon expiration of the Initial Term and any Renewal Term, subject to the provisions of section 9.6 of this Agreement and Parties’ right to terminate under section 8.0 of this Agreement. 3.3. The Initial Term and any Renewal Term shall be referred to individually and collectively as the “Term.” 4.0 OBLIGATIONS OF THE PARTIES. The Parties agree to work collaboratively to coordinate homeless navigation efforts among their jurisdictions. To achieve regional homeless navigation services, the Parties agree that: 4.1. Wheat Ridge will establish and fill a Homeless Navigator position, as either an employee or independent contractor of Wheat Ridge, and each of the Parties will allocate financial or staff resources to facilitate the work of the Homeless Navigator, which will include but not be limited to the following: 4.1.1 Delivering direct services to homeless individuals and families in need of services and support; 4.1.2 Providing business support for programs and projects related to providing services to individuals experiencing homelessness; 4.1.3 Establishing and supporting the planning and development of written materials and presentations; 4.1.4 Collecting and distributing information that may assist individuals experiencing homelessness and/or that would assist the Parties in developing strategic plans to combat homelessness; 4.1.5 Compiling data for special projects or reports; and 4.1.6 Establishing and maintaining collaborative partnerships with internal and external partners and resources to successfully achieve goals and objectives related to homelessness. 3 COE.TWR.00601 4.2. Edgewater and Golden will, respectively, designate one staff person as a point of contact to respond to the Homeless Navigator, other jurisdictions, regional partners, and the community concerning issues surrounding homelessness. Each Party is responsible for updating the other jurisdictions if the designated staff person changes. 4.3. Each Party commits to allocating additional resources as it deems necessary to address the urgent needs of individuals experiencing homelessness in its community. 4.4. The Parties will support the coordination of efforts between the Homeless Navigator established pursuant to this Agreement, and Jefferson County’s Homeless Navigator and/or Coordinator positions, and/or the Homeless Navigator or similar positions that exist or may be established within the region. 4.5. Each Party shall be solely responsible for the acts if its employees undertaken pursuant to this Agreement. Wheat Ridge shall perform its duties hereunder as an independent contractor, and not as an employee of Edgewater or Golden. Neither Wheat Ridge nor any agent or employee of Wheat Ridge, including but not limited to the individual employed or otherwise engaged by Wheat Ridge as the Homeless Navigator, shall be deemed to be an agent or employee of Edgewater or Golden, and nothing in this Agreement is intended to create a relationship, express or implied, or employer- employee or principal-agent between the individual employed or otherwise engaged by Wheat Ridge as the Homeless Navigator and Edgewater or Golden. Edgewater or Golden shall have no direction and control over the individual employed or otherwise engaged by Wheat Ridge as the Homeless Navigator in the course of executing his or her work duties, nor shall Edgewater or Golden have any right or authority to discipline or terminate the individual employed or otherwise engaged by Wheat Ridge as the Homeless Navigator. Wheat Ridge and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Edgewater or Golden. Wheat Ridge shall pay when due all applicable employment or other taxes, if any that may be incurred as a result of its employment or other engagement of a Homeless Navigator under this Agreement. 4.6. Prior to Wheat Ridge’s employment or engagement of a Homeless Navigator pursuant to this Agreement, the Parties will collaborate in accordance with section 5 of this 4 COE.TWR.00601 Agreement to create and maintain guiding documents that will act as an Operating Plan for the Homeless Navigator. 5.0 OPERATING PLAN 5.1. The initial Operating Plan must be approved in writing by the City Manager for each of the Parties prior to being adopted. Once the Operating Plan is created or amended, the most current version will be incorporated herein by reference. The Operating Plan shall contain provisions designed to ensure that each Party receives services of the Homeless Navigator within its jurisdiction that are commensurate with the participation of the Party in the costs of employing the Homeless Navigator. 5.2 The Operating Plan may be amended as needed, but all revised versions must be approved in writing by the City Manager for each of the Parties prior to the new version taking effect. 6.0 PAYMENT OBLIGATIONS 6.1 During the Term of this Agreement, the Parties agree that the total employment or engagement costs incurred by Wheat Ridge for its employment or engagement of the Homeless Navigator will be divided between the Parties on a pro-rata basis based upon the respective populations of the Parties, as set forth by the Colorado Department of Local Affairs (“DOLA”) as its “Population Totals for Colorado Municipalities” (or any similar compilation prepared annually by DOLA) as of January 1 of each year during which this Agreement remains in effect. As of the Effective Date of this Agreement, DOLA has set forth the populations of the Parties hereto as follows: A. Wheat Ridge: 30,205 B. Golden: 18,929 C. Edgewater 5,177 6.2 Accordingly, the Parties agree that for the period beginning from the Effective Date through December 31 2020, the total employment or engagement costs incurred by Wheat Ridge for its employment or engagement of the Homeless Navigator shall be divided between the Parties as follows: 5 COE.TWR.00601 A. Wheat Ridge: 56% B. Golden: 35% C. Edgewater 9% 6.3 For the purposes of this section, the “total employment or engagement costs” of the Homeless Navigator shall be deemed to be an amount equal to the total compensation paid to the employee or independent contractor, plus actual costs for taxes, insurance, benefits, overhead and other indirect costs of employment or engagement. Overhead and other indirect costs will not exceed $10,000 annually without prior approval of all Parties. 6.4 Edgewater and Golden shall, respectively, pay to Wheat Ridge, within thirty (30) days after annual written invoice therefore, all sums due from each to Wheat Ridge pursuant to this Agreement. 7.0 AMENDMENTS 7.1 This AGREEMENT may be amended at any time by written Agreement signed by each of the Parties to this AGREEMENT. 8.0 TERMINATION OF AGREEMENT 8.1 Wheat Ridge may terminate this Agreement by providing sixty (60) days written notice to the other Parties. Upon such termination, Edgewater and Golden shall, respectively, pay to Wheat Ridge all employment or engagement costs of the Homeless Navigator incurred by Wheat Ridge on a pro-rata basis as determined by Section 6.1 through the date of termination. Any Party other than Wheat Ridge may withdraw from and terminate its participation in this AGREEMENT at any time and for any reason by providing 60 days written notice to the other Parties, and the withdrawing Party shall pay to Wheat Ridge the employment or engagement costs of the Homeless Navigator incurred by Wheat Ridge based upon the withdrawing Party’s pro-rata participation percentage, as determined by Section 6.1, through the date of termination. Following any such termination by the withdrawing Party, Wheat Ridge and the remaining Party shall each divide all future employment or engagement costs of the Homeless Navigator incurred by Wheat Ridge during the Term of this Agreement on a pro-rata basis using the calculation method set forth in Section 6.1. 6 COE.TWR.00601 9.0 GENERAL PROVISIONS 9.1 SEVERABILITY. If any provision of this AGREEMENT or the application thereof to any Party is held invalid, such invalidity shall not affect other provisions or applications of the AGREEMENT which can be given effect without the invalid provision or application, and to this end, the provisions of the AGREEMENT are declared to be severable. 9.2 NON-ASSIGNMENT. This AGREEMENT shall not be assigned by any Party. 9.3 NO THIRD PARTY BENEFICIARIES. Except as otherwise stated herein, this AGREEMENT is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity as provided in § 24-10-101, et seq. C.R.S., and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties. The Parties shall be responsible for their own acts and the conduct of their respective employees without waiving any protections afforded by the Colorado Governmental Immunity Act. 9.4 BINDING EFFECT. This AGREEMENT shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this AGREEMENT. 9.5 NOTICES. Any notice or notification required or permitted by the AGREEMENT shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the notice person designated by each Party pursuant to Section 4.3 of the AGREEMENT. Such notice or notification shall be deemed to have been given when deposited in the United States mail. 9.6 TABOR COMPLIANCE; NO GENERAL OBLIGATION INDEBTEDNESS. Because this AGREEMENT may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Parties for committing monetary funding hereunder constitutes a current expense of the Parties payable exclusively from 7 COE.TWR.00601 the Parties’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado Constitution, a general obligation indebtedness of the Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. 9.7 GOVERNING LAW AND VENUE. This AGREEMENT shall be governed by the laws of the State of Colorado. Venue for any action arising under this AGREEMENT will be in the appropriate court for Jefferson County, Colorado. 9.8 BINDING AUTHORITY. The Parties represent and affirm that the signature page hereof accurately states the full legal name of the entity, contains all requisite signature(s) on behalf of the Party, has been properly acknowledged by attestation, notary acknowledgment, or both. 9.9 COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The Parties acknowledge and agree that the original of this AGREEMENT, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this AGREEMENT, may be used for any purpose as if it were the original, including proof of the content of the original writing. 9.10 GOVERNMENT IMMUNITY. No portion of this AGREEMENT shall be deemed to constitute a waiver of any immunities the Parties, or their officers or employees may possess, nor shall any portion of this AGREEMENT be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this AGREEMENT. [SIGNATURE PAGES FOLLOW] 8 COE.TWR.00601 CITY OF WHEAT RIDGE a Colorado municipal corporation By: Bud Starker, Mayor ATTEST: _________________________________ Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: _____________________ Jerry Dahl, City Attorney 9 COE.TWR.00601 CITY OF GOLDEN a Colorado municipal corporation By:________________________________ Name: Title: ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney 10 COE.TWR.00601 CITY OF EDGEWATER, a Colorado municipal corporation ________________________________ Laura Keegan, Mayor ATTEST: _________________________________ Lenore Pedroza, CMC, City Clerk APPROVED AS TO FORM: ___________________________________ Thad Renaud, City Attorney ITEM NO: DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT TO A CITY COUNCIL DISTRICT IV VACANCY ON THE CULTURAL COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Due to the recent resignations of V. Ruth Baranowski and Jan Southcott, the City Council appointed two new District IV members on August 10, 2020 to the Cultural Commission. Afterwards, one applicant declined the appointment, and as such a seat in District IV Cultural Commission continues to remain vacant. The term of this position will expire on March 2, 2021. FINANCIAL IMPACT: None BACKGROUND: It has been concluded by City Attorney Gerald Dahl, that the appointment was declined, and for that reason, “the original vacancy intended to be filled by that appointment was never filled and remains available for the Council to fill from the applicant pool available to it.” Applications for the remaining open position have been received from Colleen Osborne of 3058 Benton Street (District I) and Megan Schneckenburger of 7481 W. 46th Avenue (District II). Section. 2-53 (c) of the City Code states in part: “………All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from 4 CAF – Cultural Commission Appointments August 24, 2020 Page 2 residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident……… “ RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to appoint _________________________________ to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2021.” Or “I move to deny _________________________________ to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2021 for the following reason(s) ___________________.” REPORT PREPARED BY: Robin Eaton, CMC, Deputy City Clerk Steve Kirkpatrick, City Clerk Danitza Sosa, Administrative Assistant to the Mayor and City Council Patrick Goff, City Manager ATTACHMENTS: 1. Colleen Osborne application 2. Megan Schneckenburger application From:no-reply@ci.wheatridge.co.us To:Robin Eaton Subject:Online Form Submittal: Board and Commission ApplicationDate:Thursday, August 6, 2020 4:07:55 PM Board and Commission Application Application for the appointment to the (Board/Commission/Committee): Cultural Commission Date: 8/6/2020 District: 1 How long have you been a resident of Wheat Ridge? 20 years Are you a registered voter? Yes Why are you seeking this appointment? I have enjoyed living in Wheat Ridge for 20 years. I am now in a position to get actively involved and contribute to making it an even better place to live, work, and do business. Do you have experience in this area? I enjoy arts and culture, but haven't been actively involved in administration and management of these types of activities. I am eagerto learn and contribute. Have you ever served, or are you currently on a Board/Commission/Committee and if so, which one? How long? No Are there any conflicts which would interfere with regular attendance or duties? I don't know when the regular meetings are. I have a lot of flexibility with my schedule, but there may the occasional time I can't attend a meeting. First Name ColleenLast Name OsborneAddress1 3058 Benton St Address2 Field not completed. City Wheat Ridge State CO Zip 80214-8530 Home Phone 13032384250 Business Phone Field not completed. Email Address colleen_osborne@msn.comYour application will be kept on file for one year.City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033 Email not displaying correctly? View it in your browser. <http://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Edit?id=48436&categoryID=0&formID=76&displayType= SubmissionsView&startDate= &endDate= &dateRange= Last30Days&searchKeyword= &currentPage=0&sortFieldID= 0&sortAscending= False&selectedFields= &parameters=CivicPlus.Entities.Core.ModuleParameter&submissionDataDisplayType=0&backURL=%2fAdmin%2fFormCenter%2fSubmissions%2fIndex%2f76%3fcategoryID%3d19> ATTACHMENT 1 Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE: DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Cultural Commission 8/18/2020 IV 2.5 years Yes I am seeking this appointment as my professional experience and personal love for arts and culture will allow me to have a direct impact on my community. I most recently worked for Denver Zoo a cultural asset to the Denver Metro Area. I also graduated from the Colorado Business Committee for the Arts' professional development program in 2018/2019 as a Leadership Arts alumnus. I believe in the impact arts and culture have on our personal lives, on the economy, and the overall well-being of the community. I am a young professional that has wanted to get involved with a board for a couple of years and what better way to accomplish this than to serve on a board in my own community. I love Wheat Ridge and would really enjoy the opportunity to help make this a thriving arts community. Yes, as the previous Community Affairs Manager for Denver Zoo, a beloved cultural asset to the Denver Metro Area. I am also a graduate of the 2018/2019 Leadership Arts Program, through the Colorado Business Committee for the Arts. This year-long professional development program prepares young leaders to serve on arts and culture boards in their communities. No No Megan Schneckenburger 7481 W. 46th Ave., Wheat Ridge, CO 80033 720-635-7920 megandeffner@gmail.com 4 Submit ATTACHMENT 2 ITEM NO: DATE: August 24, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RECONSIDERATION OF ORDINANCE 1696, SERIES 2020, AN ORDINANCE REPEALING CHAPTER 16, ARTICLE X “MASSAGE PARLORS” AND REENACTING REGULATION OF MASSAGE BUSINESSES BY AMENDING CHAPTER 11, “LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS” BY THE ADDITION OF A NEW ARTICLE ENTITLED “MASSAGE BUSINESSES” AND MAKING CONFORMING AMENDMENTS TO CHAPTER 2 ARTICLE V “ADMINISTRATIVE ENFORCEMENT” AND CHAPTER 26 “ZONING AND DEVELOPMENT” PUBLIC HEARING ORDINANCES FOR 1ST READING (08/24/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/14/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ____________________________ City Attorney City Manager ISSUE: At its August 10 regular meeting, Council adopted Ordinance 1696, which extensively revised the system for the regulation and licensing of the practice of massage. The new article uses the more inclusive term “massage business,” rather than “massage parlor,” massage therapist” or “massage therapy center.” The Ordinance also amended these terms in Code Chapter 26 in the various use charts and for definitional purposes. The Code requires Chapter 26 amendments to be reviewed by the Planning Commission for a recommendation; this was not accomplished for these few sections of Ordinance 1696. Since the Commission will be providing a recommendation on these sections on August 20, Council is asked to reconsider and readopt Ordinance 1696 to fulfill this requirement. 5 Council Action Form – Reconsideration of Ordinance 1696 August 24, 2020 Page 2 PRIOR ACTION: Council adopted Ordinance 1696 On August 10, 2020. The Planning Commission will review this ordinance on August 20, and its recommendation will be available for the Council’s August 24 meeting. BACKGROUND: References to massage parlor, massage therapist and massage therapy center were found in Chapter 26 at sections 26-204, 26-613 and 26-1111. Ordinance 1696 replaced these terms with the more inclusive term “massage business.” The section under “home occupations” relating to massage therapists was amended to reference the requirements for massage therapist licenses in state statute and a conforming change to correct an error in section 26-123 was also made. FINANCIAL IMPACT: None RECOMMENDATION: Staff recommends Council reconsider and readopt Ordinance 1696, amending the same to provide for an immediate effective date and adding a needed reference to “massage business” for the mixed use zone districts. Reconsideration is permitted by the Council Rules if the motion is made by a member who voted on the prevailing side when the Ordinance was adopted; if the motion to reconsider passes, a second motion to readopt Ordinance 1696, with the amendments as described, is appropriate. RECOMMENDED MOTIONS: Motion 1: “I move to reconsider Ordinance 1696, Series 2020, an ordinance repealing Chapter 16, Article X “Massage Parlors” and reenacting regulation of massage businesses by amending Chapter 11, “Licenses, Permits and Miscellaneous Business Regulations” by the addition of a new article entitled “Massage Businesses” and making conforming amendments to Chapter 2 Article V “Administrative Enforcement” and Chapter 26 “Zoning and Development.” Motion 2: “I move to amend Section 7 of Ordinance 1696, Series 2020 to insert a new line in Code section 26-1111.B.1 identifying “massage business” as a permitted use in the mixed use districts under “Commercial Services and Retail,” and amend Section 11, effective date, to make the Ordinance effective upon readoption, and as amended, to readopt Ordinance 1696, Series of 2020, an ordinance repealing Chapter 16, Article X “Massage Parlors” and reenacting regulation of massage businesses by amending Chapter 11, “Licenses, Permits and Miscellaneous Business Regulations” by the addition of a new article entitled “Massage Businesses” and making conforming amendments to Chapter 2 Article V “Administrative Enforcement” and Chapter 26 “Zoning and Council Action Form – Reconsideration of Ordinance 1696 August 24, 2020 Page 3 Development,” order it published, and that it take effect immediately upon readoption as permitted by Section 5.11 of the Charter.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance 1696, Series 2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 15 ORDINANCE NO. 1696 Series 2020 TITLE: AN ORDINANCE, REPEALING CHAPTER 16, ARTICLE X “MASSAGE PARLORS” AND REENACTING REGULATION OF MASSAGE BUSINESSES BY AMENDING CHAPTER 11, “LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS”, BY THE ADDITION OF A NEW ARTICLE X, ENTITLED “MASSAGE BUSINESSES” AND MAKING CONFORMING AMENDMENTS TO CHAPTER 2, ARTICLE V “ADMINISTRATIVE ENFORCEMENT” AND CHAPTER 26 “ZONING AND DEVELOPMENT” WHEREAS, the City of Wheat Ridge, Colorado, (the "City"), is a home rule municipality, organized and existing under and by virtue of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, Section 12-235-101 et seq., C.R.S., known as the “Massage Therapy Practice Act" ("the Act") regulates the profession of massage therapy to provide for a consistent statewide certification and oversight of massage therapy professionals; and WHEREAS, the Act does not prevent the City from regulating the massage therapy business and the City Council finds that the purpose and intent of this Act was to regulate and protect legitimate massage therapy businesses by requiring persons performing massage therapy to be licensed by the state’s Department of Regulatory Affairs, in order to safeguard and promote the public health, safety and welfare of the citizens of the state; and WHEREAS, the City Council recognizes that massage is a legitimate health care professional activity that provides benefits to the residents of the City; and WHEREAS, the reputation and success of legitimate massage therapy businesses is denigrated and undermined by businesses and individuals who mask their unlawful sexual activities and human trafficking by falsely posing as legitimate massage therapy businesses; and WHEREAS, the City Council finds that the licensing exclusions provided herein to certain businesses are reasonable as they are either currently subject to licensing and regulation by the State of Colorado or they pose a very low risk of engaging in unlawful sexual or human trafficking activities; and WHEREAS, there are currently no massage parlors in the City that will be adversely affected by the repeal of the provisions of Chapter 16, Article X of the City Code (the "Code"). ATTACHMENT 1 -2- NOW THEREFORE BE IT ORDAINED by the City Council of the City Of Wheat Ridge, Colorado that: Section l. Chapter 16, Article X of the Wheat Ridge Code of Laws is hereby repealed. Section 2. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article X, entitled Massage Businesses, as follows: ARTICLE X. – MASSAGE BUSINESSES Section 11-230. – Purpose. The purpose of this article is to promote the public health, safety and welfare of the public, including but not limited to its citizens and residents, by regulating and licensing massage businesses. Section 11-231. – Authority. This article is adopted under the authority conferred by §31-15-401(1)(b), C.R.S. to make all regulations necessary or expedient for the promotion of health or suppression of disease and by §31-15-501(1)(c), C.R.S. to license and regulate businesses, and the home-rule authority conferred by Article XX, Section 6 of the Colorado Constitution, . Section 11-232. – Definitions. Except as otherwise indicated by the context, the following words, terms and phrases, shall have the following meanings for purposed of this division: Agent means an individual designated by a publicly held corporation to act on behalf of the corporation under this article. An agent shall be a bona fide resident of Colorado, a citizen or legal resident of the United States, or otherwise authorized to work in the United States. Applicant means an individual acting on behalf of a massage business to apply for a license. Client means an individual who enters into an agreement for massage therapy for a fee, income, or compensation of any kind within the city. Control means the power to direct or cause the direction of the management and policies of an applicant, licensee or controlling person, in any way. Controlling Person means a person directly or indirectly possessing control of an applicant or licensee. Employee means any person who performs any service at a massage business on a full-time, part-time, or contract basis, whether or not the person is designated an employee, independent contractor or otherwise. Employee does not include a person exclusively engaged in the repair or maintenance of the massage business, or for the delivery of goods to the licensee. -3- Inspector means any person authorized by the City Manager to enforce the provisions of this Article. Licensee means the person or entity to whom a massage business license is issued, by the city. Manager means an on-site natural person or persons authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this article. Massage Business means any place of business where any massage or massage therapy is practiced or administered. The term "massage business" shall not include: (a) Training rooms of public and private schools accredited by the state board of education or approved by the state division charged with the responsibility of approving private occupational schools. (b) Training rooms of recognized professional or amateur athletic teams. (c) Offices, clinics, and other facilities at which medical professionals licensed by the state of Colorado, or any other state, provide massage services to the public in the ordinary course of their medical profession. (d) Medical facilities licensed by the state, including but not limited to hospitals, clinics, nursing and convalescent homes and other similar institutions. (e) Chiropractors licensed by the state and their facilities. (f) Barber shops, beauty salons, and other facilities at which barbers and cosmetologists licensed by the state provide massage services to the public in the ordinary course of their professions. (g) Bona fide athletic clubs not engaged in the practice of providing massage services to their members or to the public for remuneration; for purposes of this definition, if an athletic club does not receive more than 10 percent of its gross income providing massages to its members, or to the public, such shall be prima facie evidence of its status as a bona fide athletic club. (h) A place of business where an individual offers to perform or performs massage therapy: (1) For not more than 72 hours in any six-month period and (2) As part of a public or charity event, the primary purpose of which is not to provide massage therapy. (i) A place of business where a state-licensed massage therapist practices as a solo practitioner, and complies with all required acts and limitations of operation of this section and; (1) Does not use a business name or assumed name; or -4- (2) Uses a business name or an assumed name and provides the massage therapist's full legal name, or license number in each advertisement, and each time the business name or assumed name appears in writing; and (3) Does not maintain or operate a table shower as defined in this section. (j) A place of business which limits its business to offering the following practices performed by persons who: (1) Do not claim expressly or implicitly to be massage therapists; and (2) Limit their work to one or more of the following practices: a. Use touch, words and directed movement to deepen awareness of existing patterns of movement and suggest new possibilities of movement. Such practices include, but are not limited to the Feldenkrais method of somatic education, the "Rolf Institute's Rolf Movement Integration", the Trager approach to movement education, body-mind centering and ortho-bionomy; or use minimal touch over specific points on the body to facilitate balance in the nervous system. Such practices include, but are not limited to Bowenwork; or b. Use touch to affect the energy systems, acupoints or qi meridians (channels of energy) of the human body. Such practices include, but are not limited to acupressure, Asian bodywork therapy, biodynamic craniosacral therapy", jin shin do body-mind acupressure, polarity, polarity therapy, and polarity therapy bodywork, qigong, reiki, shiatsu, and tuina; or c. Use touch to effect change in the structure of the body while engaged in the practice of structural integration. Such practices include, but are not limited to, practitioners of Rolfing structural integration, the Rolf method of structural integration, and Hellerwork; or d. Apply pressure to reflex points on the feet, hands and ears to bring the body into balance, thereby promoting the wellbeing of clients. Such practices include, but are not limited to reflexology; and (3) If any of the practices listed in (2) above have nationally recognized certification available in their particular practice industry, the practitioners shall hold current active certification or recognition by a professional organization or credentialing agency in their respective industry that: a. Requires a minimum level of training specific to the discipline, demonstration of competence, and adherence to an approved scope of practice and ethical standards; and -5- b. Maintains disciplinary procedures to ensure adherence to the requirements of the organization or agency; and c. Provide consumers with contact information for the organization or agency in the practitioner's place of business. Massage or Massage Therapy means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the general health and well-being of the recipient. Such system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydro massage; and thermal massage. Such techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands. Massage Therapist is an individual that has fulfilled the requirements for state licensure under Section 12-235-101 et seq., C.R.S., and has a valid massage therapist license issued by the state of Colorado to engage in the practice of massage therapy. Mobile Massage Unit means a vehicle or other movable enclosure specifically equipped for a massage therapist to provide massage therapy inside the vehicle or enclosure. Sexual Act means sexual contact, sexual intrusion, or sexual penetration as defined in Section 18-3-401, C.R.S. Spa Establishment means a commercial massage business that offers or engages in personal services that call for the patron to disrobe, such as body wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soak. Table Shower or Vichy Shower means an apparatus for the bathing or massaging of a person on a table or in a tub. Section 11-233. Licenses generally; minimum requirements. The licenses required by this article are in addition to any other applicable licenses or permits required by the city, county or state. Massage facilities licensed under this article shall comply with all other applicable city ordinances and laws, including the city zoning ordinances. Section 11-234. Licenses required. (a) No person or entity shall be permitted to operate a massage business in the city without a valid massage business license in addition to the business license required by Chapter 11, Article II. Additionally, no person or entity shall be permitted to operate such massage business without a licensed manager on site at all times, except as provided in (c) below. A massage business may obtain manager’s licenses for more than one individual. -6- (b) No person shall be permitted to work as a manager of a massage business without a valid massage business manager's license. (c) An individual massage therapist operating a massage business as a solo practitioner, but who is not exempt from licensure under Section 11-232. Definition of Massage Business (i), is not required to obtain a massage business manager's license. Section 11-235. Application. (a) In addition to the requirements of this Chapter and Chapter 11, Article II, each application for a massage business license shall contain the following information: (1) If the applicant is an individual; satisfactory proof that he or she is 18 years of age or older. (2) If the applicant is a legal entity; satisfactory proof that each of the individual officers, directors, managers, partners, members, principal owners, and/or anyone with 10 percent or more financial interest of such entity are 18 years or older. (3) Whether the applicant, or any of the other individuals required to be listed· in the application, have been convicted of, or plead "nolo contendere" to, a felony or misdemeanor, in any federal, state or municipal court in any of the United States jurisdictions or possessions, for prostitution, solicitation of prostitution, fraud, theft, embezzlement, money laundering or similar crimes. Failure to disclose any criminal conviction may result in denial of the license application. (4) Whether the applicant, or any of the other individuals required to be listed in the application, has had a previous license under this or any other similar massage business ordinance from another jurisdiction or possession of the United States, denied, suspended, or revoked, and, if so, the name and location of the massage business for which such license was denied, suspended, or revoked, as well as the date of such denial, suspension, or revocation. (5) Whether the applicant, or any of the other individuals required to be listed in the application, has been an officer, director, manager, partner, member, and/or principal owner of any legal entity which currently or previously operates or operated a massage business or business meeting the definition of massage business in this article and the name, dates of operation and location of such business or businesses. (6) Satisfactory proof of the applicant's ownership or right to possession of the premises wherein the massage business will be operated. The applicant shall have a continuing -7- obligation to provide, where applicable, subsequent evidence of the right to possession of the premises. (b) The applicant for a massage business manager's license shall submit an application for a manager's license on a form prescribed by the city treasurer and filed at the offices of the city treasurer, which shall contain the following information: (1) If the applicant is an individual; satisfactory proof that he or she is 18 years of age or older. (2) The applicant's name, address, date of birth, and telephone number. If the applicant is a licensed massage therapist, the state massage therapy license number. (3) Whether the applicant or any of the other individuals required to be listed in the application meet the requirements specified in paragraph (a) above and, if the applicant or any other person listed in the application have been involved in a criminal act as described in paragraph(a) above, the date and place of conviction, and the disposition. (4) Any disciplinary actions taken by any state or local massage therapy board or criminal convictions for violations of a massage therapy practice act in any jurisdiction or possession of the United States, and the result of such disciplinary actions, whether the applicant is a licensed massage therapist or not. Section 11-236. Review by other departments. (a) Prior to the issuance of any massage business license or a massage business manager's license, the corresponding application shall be submitted to the Police Department for review and comment. The Police Department shall provide any relevant and available information as to whether the applicant and each of the individuals required to be listed in the corresponding license application meet the requirements in section 11-235. Such review shall be completed within 20 days after the license application is submitted. (b) The Police Department shall only be required to provide the information specified in subsection (a) of this section and shall not be authorized to approve or disapprove any license application. Section 11-237. Issuance; denial. (a) If after an investigation, the city treasurer finds, in addition to any findings required by section 11-25, that the individual applicant and each of the individuals required to be listed in the massage business license application meet the requirements in subsection 11-235(a) and: -8- (1) Are 18 years of age or older; and (2) Shall not; (a) have voluntarily surrendered any license to practice as a massage therapist or operate a massage business as a result of, or while, under civil or criminal investigation; or (b) have had a license to practice as a massage therapist or operate a massage business or similar license, denied or revoked by the State of Colorado or a political subdivision of Colorado, or a regulatory board in another United States jurisdiction or possession, for an act that occurred in that jurisdiction or possession that would be a violation under this article; and (3) Shall not be a registered sex offender or required by law to register as a sex offender; and (4) Shall not have any prior conviction for an offense involving sexual misconduct with a child, including sexual abuse, sexual assault, sexual conduct, sexual molestation and sexual exploitation; and (5) Subject to the requirements of Section 24-5-101, C.R.S., shall not have any prior convictions or pending violations for any crimes, including but not limited to prostitution, or of operating a prostitution enterprise, theft, embezzlement, or money laundering; and (6) The location where the license is applied for has not had a similar license revoked or surrendered for cause within the last 24 months; and (7) The character, record, or reputation of the applicant, his or her agent, or his or her principal does not indicate that potential violations of this chapter are likely to occur if a license is issued to the applicant. Then he or she shall, within 30 days following receipt of the, license application, approve the issuance of massage business license to the applicant for use at the location identified in the license application as the situs of the business. In the event of a denial the treasurer shall explain with reasonable details in writing the reason for the denial and the applicant’s rights to a hearing under section 11-32. (b) If, after investigation, the treasurer finds, in addition to the findings required by section 11-25(a), that: (1) The applicant for a massage business manager's license meets all the requirements of subsection 11-235(b); and (2) If the applicant will be performing massage or massage therapy, the applicant has completed all requirements of section 12-235-101 et seq., C.R.S, and holds a valid state massage therapist license. -9- Then he or she shall, within 30 days following receipt of the license application, issue a manager's license to the applicant. (c) Upon the sale or transfer of any interest in a massage business, the license issued pursuant to this article shall be null and void, and a new application shall be required. Section 11-238. Temporary license. (a) The treasurer may issue a temporary massage business license upon receipt of a complete massage business license application involving the sale or change in ownership of a business. Such license shall be issued for 30 days and renewed every 30 days until approval or denial of the massage business license. (b) The treasurer may issue a temporary massage business manager license upon receipt of a complete massage manager license application upon sale, change of ownership, or change of manager of an existing licensed massage business. Such license shall be issued for 30 days and may be renewed for good cause for additional 30-day periods at the discretion of the treasurer. Section 11-239. Limitations on operation. It shall be unlawful for any person or entity in the business of operating a massage business or any manager or employee thereof: (a) To operate a massage business without a valid massage business license or with a license that has been suspended, revoked, or expired. (b) To employ any person to act as a manager at a massage business who is not licensed as a manager or a licensed owner. (c) To be open for business for the practice of massage therapy without a massage therapist on the premises that has been licensed in accordance with section 12-235-101, et seq., C.R.S.. (d) To operate or maintain a table shower or Vichy shower on the premises unless permission to operate a table shower was approved as part of its massage business license. (e) To permit a licensed massage business to be used for housing, sheltering, or harboring any person(s), or as living or sleeping quarters for any person(s). The owner and family members of a massage business operated as a home occupation, as defined by this Code, are exempt from this prohibition. (f) To massage any other person, or give or administer any bath or baths, including table showers or Vichy showers, in a manner intended to arouse, appeal to, or gratify the lust or passions, or sexual desires of such other person. In no case shall the employee intentionally touch either the male or female genitalia of the client. -10- (g) To allow any employee to provide massage therapy or other massage services without being fully clothed. For purposes of this subsection, employee clothing shall be of a fully opaque, nontransparent material that shall not expose the employee's genitals, pubic region, buttocks, or breasts below a point one inch above the top of the areola, or substantially expose the employee's undergarments. (h) To require client nudity as part of any massage service without the client's prior consent. (i) To use or possess adult-oriented merchandise, including sex toys, sexual aids, vaginal or anal lubricant, or any contraceptive item, in any part of a massage business. (j) To permit any individual, including a client, student, contractor, or employee, to engage in any sexual act in the massage business. (k) To fail to immediately report to the Wheat Ridge Police Department any disorderly conduct, sexual acts, or other criminal activity occurring on or within the licensed premises. (l) To make an agreement, or to permit any individual to make an agreement with an employee, to engage in sexual activity in any other location, in violation of Section 16-201 or 16-202. (m) To conceal persons in the business or to elude city inspectors, by exiting side or back doors or remaining behind locked doors during an inspection. (n) To refuse to provide identification to city inspectors or law enforcement, (o) To perform or permit anyone to perform massage without a valid massage therapists license issued under section 12-235-101, et seq., C.R.S.. (p) To perform or permit anyone to perform massage on a patron under the age of eighteen (18) years, unless such patron is accompanied by his or her parent or legal guardian, has a physician's prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services. (q) To operate the business between the hours of 9:00 p.m. and 6:00 a.m.. Section 11-240. Required Acts. (a) Every licensed massage business is required to: (1) Maintain a current and up-to-date list of employees and contractors on site including start dates of employment or contracted service, full legal name, date of birth, home address -11- and telephone number, employment position, date first began employment or service, and the date when services were terminated if applicable. (2) Maintain a copy of each massage therapist's Colorado license for each employee and contractor performing massages. (3) Maintain a complete set of records to include a log of all massage or massage therapy administered at the business. The log shall contain the following information: date, time and type of each massage therapy administered, and name of the employee administering the massage therapy. The log shall be retained for a minimum of one year following any massage therapy. The massage therapy log shall be subject to inspection upon request by the inspector, during normal business hours in compliance with applicable law. (4) Operate under or conduct business under only the designation specified in the license. (5) List the address of the business in any advertisement. (6) Ensure that massage facilities interior and exterior doors remain unlocked while the massage business is open. The exception to this requirement is as follows: The exterior doors may remain locked if (i) the massage business is operated as a home occupation or (ii) during the time period when only one employee is present in the business. (7) Display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter a minimum of one-half (½) inch in height, which shall read as follows: WARNING IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS THE MINOR IS AUTHORIZED OR ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES. FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE WHEAT RIDGE CODE OF LAWS. (b) All employees, contractors, and other individuals, excluding clients, present in the massage business must have valid government identification in one of the following forms and must immediately -12- present such identification upon request of an inspector or law enforcement personnel: (1) An operator's, chauffeur's or similar type of driver's license issued by any state, any U.S. Territory, or any foreign country including Canada and Mexico; or (2) An identification card issued by any state for the purpose of proof of age as in accordance with section 42-2-302 and 42- 2-303 C.R.S.; or (3) A military identification card; or (4) A passport; or (5) An alien registration card; or (6) A valid employment authorization document issued by the U.S. Department of Homeland Security; or (7) A valid consular identification card from any foreign country. (d) Massage therapists shall remain fully clothed, as described in section 11-239(g), while administering massage or otherwise visible to clients on business premises, including premises designated by the client through an outcall massage service. Section 11-241. Inspections. (a) No owner, manager, massage therapist, or employee shall fail to immediately grant full massage business access any time such establishment is occupied or open or business, to a licensing administrator, authorized inspector, law enforcement officer, or any other person authorized or required by law to inspect the massage business. (b) All rooms, cabinets, storage areas shall be subject to inspection and any locked rooms, cabinets or storage areas shall be promptly opened for inspection. (c) No owner, manager, massage therapist, or employee shall fail to immediately grant access to the log of all massage therapy administered at the business, as required in Section 11-240(a)(3), to a licensing administrator, authorized inspector, law enforcement officer, or any other person authorized or required by law to inspect the massage business, without unreasonable delay. (d) Inspectors may request to review the massage therapist license issued by the State at any time during an inspection for the massage therapists, managers, or massage therapist employed as contractors. -13- (e) All owners, managers, massage therapists, employees, contractors or persons occupying the business, other than clients, shall present identification and shall not elude identification. Section 11-242. Table or Vichy showers. (a) In order to operate or maintain a table or Vichy shower on or about the licensed premises, such device must be specifically allowed as a permitted device on the massage business license. (b) The treasurer may approve the use of a table or Vichy shower in the license if the following conditions are met: (1) The shower is commercial and professional in nature, manufactured with industrial grade materials, and is designed solely for the purpose of massage utilizing multiple overhead spray nozzles. Massage bathtubs and tables with accessory sprayers shall not qualify; and (2) The business practices appropriate draping of a shower client, to include draping of the buttocks and genitalia of all clients, unless the client gives specific written consent to be undraped. (c) If the treasurer has reason to believe that there is a failure to comply with the conditions in subsection (b) of this section, the treasurer shall provide licensee with written notice that permission to operate a table or Vichy shower as part of its license is terminated and the business shall not be allowed to operate such shower. (d) The licensee may appeal the termination or denial of shower use in accordance with section 11-32. Section 11-243. Enforcement processes for revocation or suspension of licenses. (a) Administrative suspension or revocation. In addition to any reason set forth in sections 11-30 and 11-31, and notwithstanding any provision of this Chapter to the contrary, the city treasurer or the treasurer’s designee may suspend or revoke a massage business license or a massage business manager’s license, under the provisions of Article V of Chapter 2, if he or she finds that: (1) The licensee has committed a violation of any section of this Article X; or (2) Any employee or contractor required by this Article to possess a valid massage therapist license obtained their license through fraud, deceit or misrepresentation, or the state has revoked said massage therapy license. (b) Summary suspension or revocation. -14- (1) Grounds. Notwithstanding any provision of Article II. of this Chapter or the notice provisions of Chapter 2, Article V. to the contrary, the city treasurer or the treasurer’s designee may summarily suspend a massage business license or a massage business manager’s license, upon a finding that: A. The licensee willfully failed to disclose any information as required in section 11-235; or B. The licensee knowingly permitting a person to perform massage therapy when licensee should have reasonably known that such person was not licensed in accordance with section 12-235-101, et seq., C.R.S.; or C. A pattern of credible facts emerges that the business is attempting to operate a prostitution enterprise whether or not there is a violation of any other specific law, rule, or code; or D. A pattern of credible facts emerges that the licensee knowingly concealed persons within the business premises or permitted employees or contractors to elude inspection; or E. A pattern of credible facts emerges that a person who was not licensed in accordance with section 12-235-101, et seq., C.R.S., and did not possess a valid massage therapist license performed massage at the licensed premises; or F. The licensee failed to permit an inspection any time the business is occupied or open for business; or G. For a business not possessing a valid massage business license, the licensee has had a license revoked for cause anytime within the prior twenty-four (24) months for the same or a substantially similar business either in the city or in another jurisdiction. (2) Process. Upon a finding that one or more grounds exist for the summary suspension of a massage business license or a massage business manager’s license, the city treasurer shall: A. Cause a notice of summary suspension of license to be served upon the licensee. The notice shall provide for a hearing to be held within fifteen (15) business days to determine whether the suspension should be terminated or continued or whether the license should be revoked; and B. Post a sign upon the licensed premises that the massage business is closed to the public until further notice. (3) Hearing. The hearing on the summary suspension of a license shall be held pursuant to section 2-88 of this Code. Notwithstanding the provision of Sec. 2-88(e), the administrative hearing officer is authorized to decide if the license under summary suspension should be revoked. -15- (4) Appeal. Final decisions of the administration hearing officer may be appealed to the district court of Jefferson County. (5) Additional enforcement remedy. Any massage business found to be operating without the licenses required by Section 11-234 or that continues operating after receiving a notice of summary suspension under subsection 11-243(b), above, is hereby declared to be a nuisance and may be abated pursuant to the provisions of Chapter 15 of this Code. Section 11-244. Supplemental provisions. The city treasurer or the treasurer’s designee, at his or her discretion, may: (a) Promulgate rules for approving professional organizations or credentialing agencies; and (b) Verify exempt status of individuals, in keeping with the intent of this Article; and (c) Exempt additional practices from the requirements of this ordinance; and (d) Determine that a practice defined as excluded under the Definition of Massage Business, herein, is no longer exempt, if there is a continued pattern of criminal behavior regarding sexual misconduct or criminal intent that is related to human trafficking disguised as a legitimate exemption. Section 11-245. Fees. The application and annual license fees for a massage business license and a massage business manager’s license shall be established by the city manager or the manager’s designee as part of the annual budget process. Section 3. Section 2-80 of the Wheat Ridge Code of Laws is hereby amended, as follows: Sec. 2-80. - Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 9, Health; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Article X of Chapter 11 concerning Massage BUSINESSES Chapter 16, Concerning Massage Parlors, but not to include the balance of Chapter 16, Miscellaneous Offenses; Chapter 21, Streets and Sidewalks; Chapter 22, Taxation; Chapter 24, Vegetation; Chapter 26, Zoning. -16- Section 4. Subsection 11-32(f) of the Wheat Ridge Code of Laws is hereby repealed. Section 5. Section 15-16 of the Wheat Ridge Code of Laws is hereby amended, by the addition of the following subsection: Sec. 15-16. - Offensive trade or business. . . . (7) Certain Massage Businesses. A massage business that is operating without possessing the licenses required by Section 11-234 of this Code, or that continues to operate after receiving a notice of summary suspension under Section 11-243(b) of this Code. Section 6. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended, as follows: Section 26-123. - Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined BELOWabove shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Section 7. The Table of Uses – Commercial and Industrial Districts contained in Section 26-204 is hereby amended, as follows: Uses Notes NC RC C-1 C-2 I-E Massage parlor P Massage therapist See Chapter 11, Article 10 Code of Laws for additional restrictions P P P P P Massage therapy center See Chapter 11, Article 10 Code of Laws for additional restriction P P P P P MASSAGE BUSINESS See Chapter 11, Article X, Code of Laws for additional restrictions P P P P P -17- Section 8. Subparagraph A.11.l. of Section 26-613 is hereby amended, as follows: Sec. 26-613. Home occupations. . . . 11. Home occupations are limited to the following business or commercial activities: . . . l. Massage therapist, restricted to one (1) practitioner, POSSESSING A CURRENTLY VALID MASSAGE THERAPIST LICENSE ISSUED BY THE STATE OF COLORADO PURSUANT TO SECTION 12-235-101. ET. SEQ., C.R.S. AND subject to the restrictions of Chapter 11, Article X of the Code of Laws. m. Other similar uses as approved by the director of community development or board of adjustment and when in conformance with the standards and requirements set forth herein. Section 9. 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 10. Compliance Required – Schedule. Massage businesses, holding valid business licenses issued under Article II. of Chapter 11 of the Wheat Ridge Municipal Code on the date of final passage of this Ordinance, shall come into full compliance with the requirements of this ordinance within ninety (90) days after the effective date of this ordinance. Such businesses will be exempt from the payment of fees for their massage business license if they apply within thirty (30) days after the effective date of this ordinance. Except as specifically described in this Section 10, the requirements of this Ordinance shall apply to all new or currently unlicensed massage businesses upon the effective date of this Ordinance. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. -18- INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 27th day of July, 2020, 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 8, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 10th day of August, 2020. SIGNED by the Mayor on this 10th day of August, 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney 8 0 1st publication: July 30, 2020 2nd publication: August 13, 2020 Jeffco Transcript: Effective Date: August 28, 2020