Loading...
HomeMy WebLinkAboutVirtual City Council Agenda Packet 09-14-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO September 14, 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 September 14, 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: 932 5127 3447 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 City Council Meeting Minutes of August 24, 2020 APPROVAL OF AGENDA CITY COUNCIL AGENDA: September 14, 2020 Page -2- 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.Citizens who wish to speak on a Public Hearing item or Decision, Resolution orMotion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c.Citizens may comment on any agenda item in writing by noon on the day of themeeting at www.WheatRidgeSpeaks.org. Comments made on Wheat RidgeSpeaks are considered part of the public record. 1.CONSENT AGENDA a.Motion to approve payment to Insight Public Sector in the amount of$148,476.06 for the annual renewal of the Microsoft Enterprise Agreement b.Motion to award a contract to Design Mechanical Inc. of Louisville Colorado, inthe amount of $115,651 for HVAC upgrades at the Wheat Ridge RecreationCenter and City Hall and approve a 3% contingency in the amount of $3,470 forunforeseen project expenses PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution No. 45-2020 - a resolution in support of an application for the ColoradoParks and Wildlife Non-Motorized Trail Grant for a feasibility study and costassessment for improvements to Tabor Lake CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT City Council Meeting Minutes Virtual Meeting CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 24, 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 Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone, other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES – None for this session. APPROVAL OF MINUTES Without objection or corrections, the City Council Minutes of August 10, 2020 and Study Session Notes for August 3, 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 7:02 PM. 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 City Council Minutes August 24, 2020 page 2 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 following comments appeared in Wheat Ridge Speaks for this Council Meeting: Agenda Item 2 – Noise Ordinance Thank you for listening to the needs and opinions of the residents of Wheat Ridge. You are our voice. The noise ordinance is rapidly becoming an essential safeguard in maintaining a compatible relationship between businesses and residents. Businesses need to conduct business in a manner that attracts customers, but this cannot be at the expense of the residents who proudly call Wheat Ridge home. I strongly feel that having the ability to host 6 special events annually is a good step in establishing this balance. It gives a business the opportunity to promote themselves while giving residents the right to determine their own listening choice and noise level most of the year. With a limit of 6 permits, residents are insured that the "noise" impacting their homes is truly a temporary situation, making it much easier to endure. Again, thank you for representing the people who truly do make this community home! 08/21/2020 2:56 pm Shelley Pierce 9745 W 43rd Ave. Wheat Ridge, 80033 Thank you for your action to save the peace & tranquility of our neighborhoods. Amending the noise ordinance will clarify the law & better enable enforcement. In particular, the Amplified Sound Event permit should be very effective. A maximum of 6 events per year may be stressful to a neighborhood but, with the proper notification & regulation required by the permit process, I believe it is do-able. Any more than 6 would be detrimental to the neighborhood and belie the concept of "special use". Again, thank you for your attention to our concerns. 08/22/2020 5:12 pm Kathryn Jean Emmack 4310 Iris Street Wheat Ridge, 80033 As a Wheat Ridge homeowner and city resident for 45 years, I wish to thank the city council for addressing the consistent use of unreasonable noise in our residential neighborhoods. We are grateful for the carefully considered approach you have constructed and are encouraged that finally, after 9 years, we have a potential solution to unwanted noise! We support the 6 permits per year for the outdoor amplified sound event section of the proposed ordinance. This gives a business multiple day- long events through the year while the affected neighborhoods recognize that these events are exempt from the audible noise 50 feet from the property line and the noise being heard within their homes. Any more than 6 permits per year negates the whole concept that these are events and not a business model. The enactment of the ordinance on Sept. 11 would allow any business already engaged in outdoor amplified sound events to use these 6 event permits to finish out the 2020 City Council Minutes August 24, 2020 page 3 calendar year, thus not disrupting their business. In our city, with two commercial cross streets adjoining residential neighborhoods on both sides, this ordinance is much needed throughout the city and will be much appreciated by the residents living in these neighborhoods. The specifics outlined in this proposed ordinance will also be much clearer to any establishment wishing to engage in outside noise and much easier to comply with. As you look to discuss and adopt the proposed noise ordinance, please do remember that stable neighborhoods matter and that responsible homeownership matters. The City of Wheat Ridge should remain a desirable place to live. We have invested in our homes and we value our neighborhood. Please support us; please support the noise ordinance as written. Sincerely, Moe Keller 4325 Iris St. Wheat Ridge 08/23/2020 1:22 pm Moe Keller 4325 Iris St. Wheat Ridge, 80033 Council: My name is Mike Holt and I live at 4365 Iris St. My house is the most severely impacted by the noise of outdoor music at T-Bird Roadhouse. During the time the bands play, I cannot even watch TV in my living room, as the band noise is louder than the volume of my TV set. Over the years, I engaged, along with a neighbor, in a mediation plan arranged for us by the former police chief. This plan was violated by the previous business owner and never was enforceable. Now, with the proposed noise ordinance revisions, we have a possible solution that can give relief to me and my neighbors. Please support the limit of 6 amplified sound event permits per year. This will bring some relief to me as I try to enjoy my home. Mike Hult (Relayed to Moe and Steve Keller by Mike Hult; submitted with his permission.) 08/23/2020 2:22 pm Mike Hult 4365 Iris St. Wheat Ridge, 80033 We five households on the 4300 block of W. 44th Ave. and the adjacent portion of W. 43rd Ave. We appreciate the time and attention that the Mayor, City Council, and City Manager have given to the proposed revision of the city’s noise ordinance. As you are aware from our recent emails and public comments, we are working with the city government to improve the ordinance so that Wheat Ridge neighborhoods can be better protected against the stress and aggravation of regular and frequent periods of excessive noise. We are aware from living near 44th Ave. that businesses at one time or another may generate excessive noise, and we realize that this goes along with being adjacent to a commercial street. Occasional noise is one thing, but an ongoing business model of frequent noise disturbance extending into a residential neighborhood is something else. This is the situation our neighborhood has struggled with this summer. We residential homeowners do not hassle, inconvenience, or cause stress to nearby businesses, and we believe that nearby business owners should show us the same consideration. Commercial enterprises, like private citizens, should act with respect toward their neighbors. A business model of outdoor amplified sound events twice per weekend over a period of several months degrades the quality of life in the adjacent residential neighborhood, makes the area less attractive to live in, and may decrease local property values. That model is what we are living with now. City Council Minutes August 24, 2020 page 4 We respectfully request that the proposed revision to the noise ordinance allow six and no more than six outdoor amplified sound events per year for a given business. We believe that this type of special use permit arrangement would be fair both to businesses and to adjacent homeowners. Neighborhoods bind Wheat Ridge together – please show them your support. Best regards, Steve Keller 4325 Iris St. 08/23/2020 2:24 pm Stephen M. Keller 4325 Iris St. Wheat Ridge, 80033 End of comments entered in Wheat Ridge Speaks for this Council session. 1. CONSENT AGENDA Discussion began at approximately 7:05 PM Councilmember Hultin introduced the consent agenda items. 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. These Resolutions comply with Charter and Code in order to accept and expend these funds. Motion by Councilmember Hultin to approve both Consent Agenda Items a.), and b.), seconded by Councilmember Urban; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:12 PM 2. Council Bill No. 17-2020 - An Ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise 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 City Council Minutes August 24, 2020 page 5 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1697 City Manager Mr. Goff presented to the Council a review discussions during previous council meetings that have addressed this issue. The following consensus items were reviewed: 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 Public Comment Ms. Moe Keller, 4325 Iris, Wheat Ridge and her husband, Steve Keller, came to thank Council for its hard work on this noise ordinance. The Kellers support the limit of 6 permits for special event per year permit for businesses. She noted that the new ordinance will improve the quality of life for all residents of the City, and make it easier for businesses to understand the noise limits and obey the ordinance. Their neighbors in nearby homes for several blocks support this new ordinance, and we will continue to work with the City and businesses to continue to improve this ordinance and its implementation. Commercial enterprises, like private citizens, should be good citizens and residents. At present, the noise is damaging our quality of life and real estate values. Dan Larson, 4799 Flower St. called to request an amendment to the proposed ordinance to limit the noise from vehicle mufflers, or the absence of a muffler, on City Council Minutes August 24, 2020 page 6 vehicles. His home is near I-70, and he often hears loud, unmuffled vehicle engines. He read proposed language for his desired amendment. Council Questions and comments Council asked whether our current code or the proposed ordinance specifically addressed muffler noise. Mr. Goff explained that while there is nothing specific in current or proposed ordinance, the new noise ordinance can address muffler noises from frequent violators as it is written. Mr. Dahl referred to the specific sections of the proposed ordinance that would address muffler/no muffler vehicle noise. Council noted that the current language allows law enforcement to curtail or terminate an event for which a permit is issued. Mr. Dahl referred to proposed language that would allow the City to refuse to issue further permits for events at later dates if violators will not comply with the ordinance during a previous permitted event. Council also asked whether the definition of the term real property in the proposed ordinance is sufficiently clear, especially when two or more businesses occupy premises on the same site. Language to clarify that was discussed. Another definition in the language, occupied property, as it relates to block parties, and event permits for amplified sound at such events. The confusion arises from the words “private property,” since block parties are on public property. Mr. Dahl suggested some potential changes or clarifications. It is also possible that a business like a bar or club could hold 6 permitted events and then hold block parties. Mayor Starker closed the public hearing. Motion by Councilmember Hoppe 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 changes from the published language. Seconded by Councilmember Urban. To avoid any confusion, the final version of the Ordinance as passed appears in its entirety at the end of the minutes and by this reference is made a part hereof. Councilmember Hoppe thanked Councilmembers Nosler Beck and Dozeman for their work with the bottling plant in NW Wheat Ridge and the residents of the adjacent neighborhood. Councilmember Urban asked about the language that states “the decision of Council will be final, subject to judicial review.” Mr. Dahl explained the reason for the language; it is commonplace. Councilmember Urban also asked about the ability to revoke a permit issued under the newly proposed language, and received the clarification he sought. Councilmember Dozeman proposed a motion to amend the motion to add provision to address muffler noise. Councilmember Weaver seconded the motion. City Council Minutes August 24, 2020 page 7 Councilmember Urban expressed reservations about the language in the amendment. Councilmember Hoppe suggested that Council delay this amendment and bring it forward at a future meeting because if we do not pass the motion tonight we cannot consider it for the next six months. Councilmember Hultin supported delaying action on muffler noise until a future study session can address it in detail. Councilmember Dozeman withdrew her proposed amendment, and Councilmember Weaver revoked her second. The Amendment thus was postponed for consideration until brought to a future study session. Councilmember Hoppe asked about clarification of the language in the added language to strike “property owner,” and substitute “business owner.” Change approved by Councilmember Hoppe and the seconder, Councilmember Urban, and included in the main motion without objection. Councilmember Urban suggested clarifying language in terms of when the ordinance takes effect. Councilmember Hoppe replied that adding the new language in the section about industrial zones already addresses Councilmember Urban’s concern. Councilmember Dozeman echoed Motion carried 8-0. To avoid any confusion, the final version of the Ordinance as passed appears in its entirety at the end of the minutes and by this reference is made a part hereof. ORDINANCES ON FIRST READING There we no new ordinance proposed for first reading. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:00 PM 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 Councilmember Weaver introduced the Resolution. 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. Marianne Schilling, Assistant to the City Manager, was available for questions. Public Comment: No one came forward to speak. City Council Minutes August 24, 2020 page 8 Council Questions Council had no questions or comments, having reviewed this agreement in detail previously during Study Session. Motion by Councilmember Weaver to approve Resolution 44- 2020, a resolution approving an intergovernmental agreement concerning the establishment of a regional Homeless Navigator to support and assist those experiencing homelessness, seconded by Councilmember Nosler Beck; motion carried 8-0 4. Motion to approve appointment to a City Council District IV vacancy on the Cultural Commission Discussion began at approximately 7:57 PM Councilmember Dozeman introduced the motion. 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. Staff Presentation 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. Public Comment No one came forward to speak. Council Questions – none. Motion by Councilmember Dozeman, seconded by Councilmember Nosler Beck to appoint Megan Schneckenberger , to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2021, motion carried 8-0, 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” Discussion began at approximately 8:01 PM City Council Minutes August 24, 2020 page 9 Councilmember Urban introduced the reconsideration of ordinance 1696. 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. Presentation by City Attorney Gerald Dahl explained why Council needs to reconsider and re-approve this Ordinance following satisfaction of Code requirements that the language be approved by the City Planning Commission. Mr. Dahl explained the small changes required to comply with Code. He further explained the purpose and effect of a motion to reconsider the Ordinance passed on August 10th. Public Comment: No one came forward to speak. Council Questions Council had no questions. Motion by Councilmember Urban 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, seconded by Councilmember Stites; motion carried 8-0. Motion by Councilmember Urban 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 Development,” order it published, and that it take effect City Council Minutes August 24, 2020 page 10 immediately upon readoption as permitted by Section 5.11 of the Charter, seconded by Councilmember Stites, motion carried 8-0. To avoid any confusion, the final version of this Ordinance as passed also appears in its entirety at the end of the minutes and by this reference is made a part hereof. CITY MANAGER’S MATTERS Mr. Goff reported on assistance for renters and landlords from the Colorado Department of Local Affairs. Jefferson County has reduced the numbers of CoVid cases, meeting the threshold for continuing the variance issued to the County by CDPHE. September 10 there will be Jefferson Center virtual banquet event. CITY ATTORNEY’S MATTERS He thanked Council for their indulgence in reconsidering the massage ordinance. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick thanked the staff for the ongoing commitment to the people of Wheat Ridge during the pandemic. He also urged all who encounter a Wheat Ridge Police Department member to thank them for their hard work on our behalf, often at risk to their own health and safety. Councilmember Nosler Beck thanked those who applied for a seat on our Cultural Commission. She also thanked the teachers, students, administrators and others who are helping our children get back to school. Councilmember Dozeman thanked the neighbors near the bottling plant for their participation in the process of creating, wording and passing the noise ordinance. She also wanted to welcome students back to school, and thanked everyone who is making so many adjustments to enable learning to begin. Councilmember Stites also thanked everyone who is working to make the opening of the school year work. He also asked people to cut their weeds. Councilmember Hultin thanked the many citizens who gave collaborative and thoughtful comments to create the new noise ordinance. She echoed other Councilmembers comments about the efforts so many are making as school reopens. She reminded people that no fires, not even grills in backyards, are permitted at present due to fire danger. Councilmember Urban thanked those who worked to get the massage business ordinance passed. He reported that 7 individuals have been indicted recently for human trafficking felonies. City Council Minutes August 24, 2020 page 11 Councilmember Hutchinson thanked those who worked on the noise ordinance. She also told a story about a citizen who is weeding planters along 38th Avenue. She has lived in that area for more than 50 years, and went to the Parks and Recreation Department to volunteer to weed the planters. Councilmember Hoppe echoed the thanks to parents, teachers, first responders, and our police department for their work for the citizens. The noise ordinance is an excellent example of how people come together, work hard and emerge with a great result. Mayor Starker thanked those who worked with Council and others to create good ordinances Council passed tonight. Please, keep social distancing, washing hands and wearing masks. The next Council meeting is September 14th. ADJOURNMENT The meeting adjourned at 8:26 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON September 7, 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 24, 2020 page 12 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 17 ORDINANCE NO. 1697 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 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. City Council Minutes August 24, 2020 page 13 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 OWNED OR LEGALLY OCCUPIED BY THE PERMITTEE 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 INTENDED 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. City Council Minutes August 24, 2020 page 14 (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 (3) NOTWITHSTANDING THE FORGOING, A BUSINESS OWNER IN AN INDUSTRIAL ZONE DISTRICT, UPON WHICH THERE EXISTS A NOISE SOURCE IN OPERATION AT THE TIME THIS SECTION 16-103(C) BECOMES EFFECTIVE, MAY APPLY TO THE CITY MANAGER FOR A PERMIT FOR A DIFFERENT DECIBEL LEVEL, REQUIREMENT, AND/OR TIME LIMITATION SPECIFIC TO SUCH REAL PROPERTY. SUCH REAL PROPERTY OWNER WILL SUBMIT THE FOLLOWING TO THE CITY MANAGER AS AN APPLICATION FOR SUCH PERMIT: a. A WRITTEN REQUEST FOR THE DECIBEL LEVEL, TIME AND DAY OF WEEK LIMITATIONS AND OTHER ELEMENTS OF THE PERMIT DESIRED. City Council Minutes August 24, 2020 page 15 b. A NOISE STUDY PREPARED BY A LICENSED PROFESSIONAL ENGINEER SUPPORTING THE ABILITY OF THE APPLICANT TO COMPLY WITH THE PERMIT LEVELS AND CONDITIONS REQUESTED OR TO BE IMPOSED. c. ANY OTHER DOCUMENTS REQUIRED BY THE CITY MANAGER TO RENDER THE APPLICATION COMPLETE. THE CITY MANAGER WILL REVIEW THE APPLICATION MATERIALS AND MEET WITH THE APPLICANT WITHIN 30 DAYS OF SUCH SUBMITTAL, AND SHALL RECOMMEND TO CITY COUNCIL APPROVAL, APPROVAL WITH CONDITIONS, OR DENIAL OF THE APPLICATION BY CITY COUNCIL. THE DECISION OF CITY COUNCIL SHALL BE THE FINAL DECISION OF THE CITY, SUBJECT TO JUDICIAL APPEAL. PERMIT CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO: PERMITTED DECIBEL LEVEL(S), TIME AND DAY OF WEEK LIMITATIONS, TERM OF PERMIT AND WHETHER RENEWAL PERIODS ARE PERMITTED, NEIGHBORHOOD OUTREACH AND EDUCATION, CONTACT FOR COMPLAINTS, AND AUTHORITY FOR THE CITY MANAGER TO REVOKE THE PERMIT FOR FAILURE TO COMPLY WITH LIMITATIONS AND CONDITIONS. IF THE CITY COUNCIL APPROVES THE PERMIT THE CITY MANAGER WILL ISSUE THE PERMIT. (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. City Council Minutes August 24, 2020 page 16 (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, with the exception of Subsection 16-103(c) concerning Unlawful Noise: Industrial Properties, which subsection shall take effect on February 28, 2021, as provided by Section 5.11 of the Charter. City Council Minutes August 24, 2020 page 17 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 8 to 0, 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 City Council Minutes August 24, 2020 page 18 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN ON MOTION TO RECONDISDER 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 24, 2020 page 19 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 24, 2020 page 20 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 24, 2020 page 21 (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 24, 2020 page 22 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 24, 2020 page 23 (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 24, 2020 page 24 (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 24, 2020 page 25 (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 24, 2020 page 26 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 24, 2020 page 27 (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 24, 2020 page 28 (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 24, 2020 page 29 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 24, 2020 page 30 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 24, 2020 page 31 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 24, 2020 page 32 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 24, 2020 page 33 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 The Table of Uses – Permitted Uses (mixed use zone districts) contained in Section 26-1111.B.1 is hereby amended by the addition of a new line under “Commercial Services and Retail” as follows: Uses Notes MU-C MU-C Interstate MU-C TOD MU-N MASSAGE BUSINESS See Chapter 11, Article X, Code of Laws for additional restrictions P P P P Section 8. Subparagraph A.11.l. of Section 26-613 is hereby amended, as follows: Sec. 26-613. Home occupations. City Council Minutes August 24, 2020 page 34 . . . 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 immediately upon readoption, as permitted by Section 5.11 of the Charter. City Council Minutes August 24, 2020 page 35 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 8 to 0, this 10th day of August, 2020. RECONSIDERED, AMENDED AND READOPTED by a vote of 8 to 0 on this 24th day of August, 2020. SIGNED by the Mayor on this _____ day of August, 2020. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney ITEM NO: 1a DATE: September 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO INSIGHT PUBLIC SECTOR IN THE AMOUNT OF $148,476.06 FOR THE ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The City’s current five-year Microsoft Enterprise Agreement expires on September 30, 2020. This five-year renewal includes an upgrade of the current on-premises license and software package to Office 365 and Teams, inclusive of implementation and support. PRIOR ACTION: The Microsoft Enterprise Agreement has been approved by Council since 2005. FINANCIAL IMPACT: The annual subscription costs $148,476.06 of which $77,000 was approved in the 2020 IT Budget. Due to the COVID-19 emergency and the increase in remote workers, staff recommends migrating to Microsoft’s cloud computing solution with Office 365 and Teams with this renewal. Office 365 and Teams will enable staff to collaborate remotely to a greater degree. Because the balance is unbudgeted and will substantially improve employees’ ability to telework and collaborate remotely, $36,360 will be attributed to the City’s CARES Act funding allocation from Jefferson County. The remaining balance of $35,116.06 is covered through savings in other areas of the IT budget. Council Action Form- Microsoft Enterprise Agreement September 14, 2020 Page 2 BACKGROUND: This is the 15th year participating in the Microsoft Enterprise Agreement (EA) program. Prior to 2005, software licensing control and purchases were decentralized, non-standardized and recordkeeping was sporadic and incomplete. In 2005, based on an Information Technology Division (IT) evaluation of the status of the City's software needs and requirements, IT Staff leveraged the City's purchasing power by engaging Microsoft in a five-year agreement to get the City of Wheat Ridge properly licensed. At that time, software became centrally managed by the IT Division. As a result, the City has been compliant with Microsoft's licensing rules and regulations since 2005. In addition, this program allows for discounts on software licenses, professional services and planning and training vouchers from Microsoft. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the Microsoft Enterprise Agreement (year 1 of 5). RECOMMENDED MOTION: “I move to approve payment to Insight Public Sector in the amount of $148,476.06 for the annual renewal of the Microsoft Enterprise Agreement.” Or, “I move to deny payment to Insight Public Sector in the amount of $148,476.06 for the annual renewal of the Microsoft Enterprise Agreement for the following reasons: _________________.” REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Insight Microsoft Quote # 0720-City o1-MSEA-sdp 1 of 4 09/09/2020 Confidential.Cover Thank you for the opportunity to quote. City of Wheat Ridge, CO Quotation:0720-City o1-MSEA-sdp Insight Team Date:July 22, 2020 Not Assigned Enrollment:6808514 Enter AE Phone Contract:ADSPO16-138244 / 20170000000000000105 **BUDGETARY/PRELIMINARY RENEWAL QUOTE- WILL REQUIRE MICROSOFT APPROVAL FOR FIVE YEAR CONTRACT AND PRICING**http://www.insight.com/azureterms Customer understands and acknowledges that it is obtaining the software Products directly from Microsoft Corporation and that Insight provides no warranty to Customer covering the Products purchased hereunder. All warranties relating to such Products are granted solely by Microsoft Corporation. Enrollment#: 6808514 ATTACHMENT 1 09/09/2020 Page 2 of 3 Confidential.EA At Signing Thank you for the opportunity to quote. City of Wheat Ridge, CO **BUDGETARY/PRELIMINARY RENEWAL QUOTE- WILL REQUIRE MICROSOFT APPROVAL FOR FIVE YEAR CONTRACT AND PRICING** Quotation0720-City o1-MSEA-sdp Date:July 22, 2020 Enrollmen6808514Contract:ADSPO16-138244 / 20170000000000000105 Part Number Item Name Purchase Period Pool Product Type Quantity Unit Price Extended Price Additional Products 395-02504 ExchgSvrEnt ALNG SA MVL Added at Signing Servers Software Assurance 1 726.54$ 726.54$ H30-00238 PrjctPro ALNG SA MVL w1PrjctSvrCAL Added at Signing Applications Software Assurance 5 193.17$ 965.85$ 359-00792 SQLCAL ALNG SA MVL DvcCAL Added at Signing Servers Software Assurance 40 34.23$ 1,369.20$ 228-04433 SQLSvrStd ALNG SA MVL Added at Signing Servers Software Assurance 2 147.13$ 294.26$ D87-01057 VisioPro ALNG LicSAPk MVL Added at Signing Applications License and Software 1 215.75$ 215.75$ D87-01159 VisioPro ALNG SA MVL Added at Signing Applications Software Assurance 9 100.36$ 903.24$ 9EA-00278 WinSvrDCCore ALNG SA MVL 2Lic CoreLic Added at Signing Servers Software Assurance 104 126.18$ 13,122.72$ 9EM-00270 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic Added at Signing Servers Software Assurance 260 17.78$ 4,622.80$ Annual Total:22,220.36$ Five Year Total:111,101.80$ One Year Annual and Sub Total:148,476.06$ Five year Annual and Sub Total:742,380.30$ 09/09/2020 Page 3 of 3 Confidential.EA Monthly Subscriptions Thank you for the opportunity to quote. City of Wheat Ridge, CO **BUDGETARY/PRELIMINARY RENEWAL QUOTE- WILL REQUIRE MICROSOFT APPROVAL FOR FIVE YEAR CONTRACT AND PRICING** Quotation:0720-City o1-MSEA-sdp ubscription Start Date:10/01/2020Date:July 22, 2020 Subscription End Date:09/30/2023Enrollment:6808514Contract:ADSPO16-138244 / 20170000000000000105 Year One:12 Months 12 Part Number Item Name Level PurchasePeriod Pool Product Type Quantity Term Price Extended Price Enterprise Products AAD-34700 M365 E3 FromSA GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr D Non-Specific Non-specific Monthly Subscriptions-VolumeLicense 430 $292.56 125,800.80$ Additional Products DDJ-00001 PwrBIProGCC ShrdSvr ALNG SubsVL MVL PerUsr D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $90.98 454.90$ 12 Month Total:126,255.70$ 60 Month Total:631,278.50$ ITEM NO: 1b DATE: September 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT TO DESIGN MECHANICAL INC., OF LOUISVILLE COLORADO, IN THE AMOUNT OF $115,651 FOR HVAC UPGRADES AT THE WHEAT RIDGE RECREATION CENTER AND CITY HALL AND APPROVE A 3% CONTINGENCY IN THE AMOUNT OF $3,470 FOR UNFORESEEN PROJECT EXPENSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Protecting the health, safety and welfare of City residents, employees, and facility visitors from the spread of SARS-Cov-2 (the virus that causes COVID-19 disease) is currently the highest priority for facility management and operations during this pandemic. ASHRAE, the premier HVAC engineering and science organization, has developed guidance regarding improvement of indoor air quality and airborne pathogen disinfection. One of the recommended improvements is the addition of bipolar needlepoint ionization devices. This device is superior to other technologies in that it does not generate harmful byproducts (such as ozone), it requires very little annual maintenance, uses less energy than that of other technologies, and the disinfection action continues to work within all air spaces of the building. Wheat Ridge City Hall and the Wheat Ridge Recreation Center receive the most outside visitors on a daily basis and have longer hours of operation than other support facilities. For these reasons, these two facilities have been identified as the primary candidates for these HVAC upgrades. Council Action Form – HVAC Upgrades to WRRC & City Hall September 14, 2020 Page 2 PRIOR ACTION: Extensive research and evaluation of differing technologies was conducted by the Facility Management team. Review of the ASHRAE guidance and independent research studies found that the bipolar ionization technology is effective and has economic advantages over other technologies. FINANCIAL IMPACT: This project meets the criteria for the use of CARES Act funding. $119,121 shall be committed to the completion of these upgrades. BACKGROUND: In March of 2020, the coronavirus pandemic took hold in the United States and upended the normal operation of everyday life. The Facility Management team has formulated a multifaceted operational plan to address the cleanliness and sterilization of City facilities. Part of this plan is to address indoor air quality. RECOMMENDATIONS: Staff recommends the award of the contract to Design Mechanical Inc. of Louisville, CO, for the installation of bipolar ionization equipment at the Wheat Ridge Recreation Center and City Hall. RECOMMENDED MOTION: “I move to award a contract to Design Mechanical Inc., of Louisville Colorado, in the amount of $115,651 for HVAC upgrades at the Wheat Ridge Recreation Center and City Hall and approve a 3% contingency in the amount of $3,470 for unforeseen project expenses.” Or, “I move to deny award of a contract to Design Mechanical Inc., of Louisville Colorado, in the amount of $115,651 for HVAC upgrades at the Wheat Ridge Recreation Center and City Hall and approve a 3% contingency in the amount of $3,470 for unforeseen project expenses for the following reason(s) __________________________________.” REPORT PREPARED/REVIEWED BY: Zach Lovato, Parks, Forestry and Open Space Manager Karen O’Donnell, Director of Parks and Recreation Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Design Mechanical Inc. Proposals 2. Bid comparison form 3. ASHRAE Position Document on Airborne Infectious Diseases ATTACHMENT 1 HVAC Upgrade BID Tab CH WRRC Total Bid $27,329 $111,641 $138,970 $34,546 $81,105 $115,651 Bidder Metro Mechanical Design Mechanical CMI Mechanical No Bid ATTACHMENT 2 ASHRAE Position Document on Airborne Infectious Diseases Approved by ASHRAE Board of Directors January 19, 2014 Reaffirmed by Technology Council February 5, 2020 Expires August 5, 2020 ASHRAE 1791 Tullie Circle, NE • Atlanta, Georgia 30329-2305 404-636-8400 • fax: 404-321-5478 • www.ashrae.org ATTACHMENT 3 COMMITTEE ROSTER The ASHRAE Position Document on Airborne Infectious Diseases was developed by the Society's Airborne InfectiousDiseasesPositionDocumentCommitteeformedonSeptember12,2012,withLarrySchoenasitschair. Lawrence J. Schoen Schoen Engineering Inc Columbia, MD Michael J. Hodgson Occupational Safety and Health Administration Washington, DC William F. McCoy Phigenics LLC Naperville, IL Shelly L Miller University of Colorado Boulder, CO Yuguo Li The University of Hong Kong Hong Kong Russell N. Olmsted Saint Joseph Mercy Health System Ann Arbor, MI Chandra Sekhar, National University of Singapore Singapore, Singapore Former Members and Contributors Sidney A. Parsons, PhD, deceased Council for Scientific and Industrial Research Pretoria, South Africa Cognizant Committees The chairperson(s) for the Environmental Health Committee also served as ex officio members. PawelWargocki Environmental Health Committee, Chair Tech University of Denmark Kongens, Lyngby, Denmark © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. HISTORY OF REVISION/REAFFIRMATION/WITHDRAWAL DATES The following summarizes this document’s revision, reaffirmation, or withdrawal dates: 6/24/2009—BOD approves Position Document titled Airborne Infectious Diseases 1/25/2012—Technology Council approves reaffirmation of Position Document titled Airborne Infectious Diseases 1/19/2014—BOD approves revised Position Document titled Airborne Infectious Diseases 1/31/2017 - Technology Council approves reaffirmation of Position Document titled Airborne Infectious Diseases 2/5/2020 - Technology Council approves reaffirmation of Position Document titled Airborne Infectious Diseases Note: ASHRAE’s Technology Council and the cognizant committee recommend revision, reaffirmation, or withdrawal every 30 months. Note: ASHRAE position documents are approved by the Board of Directors and express the views of the Society on a specific issue.The purpose of these documents is to provide objective, authoritative background information to persons interested in issues within ASHRAE’s expertise, particularly in areas where such information will be helpful in drafting sound public policy. A related purpose is also to serve as an educational tool clarifying ASHRAE’s position for its members and professionals, in general, advancing the arts and sciences of HVAC&R. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. CONTENTS ASHRAE Position Document on Airborne Infectious Diseases SECTION PAGE Abstract ..................................................................1 Executive Summary ........................................................2 1 The Issue...............................................................3 2 Background .............................................................3 2.1 Introduction to Infectious Disease Transmission ..............................3 2.2 Mathematical Model of Airborne Infection...................................5 2.3 For Which Diseases is the Airborne Transmission Route Important?..............6 3 Practical Implications for Building Owners, Operators, and Engineers ................7 3.1 Varying Approaches for Facility Type ......................................8 3.2 Ventilation and Air-Cleaning Strategies.....................................8 3.3 Temperature and Humidity .............................................11 3.4 Non-HVAC Strategies .................................................12 3.5 Emergency Planning..................................................13 4 Recommendations ......................................................14 5 References ............................................................16 © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 1 ABSTRACT Infectiousdiseasesspreadbyseveraldifferentroutes.Tuberculosisandinsomecasesinflu- enza, the common cold, and other diseases spread by the airborne route. The spread can be acceleratedorcontrolledbyheating,ventilating,andair-conditioning(HVAC)systems,forwhich ASHRAE is the global leader and foremost source of technical and educational information. ASHRAE will continue to support research that advances the state of knowledge in the specific techniques that control airborne infectious disease transmission through HVAC systems, including ventilation rates, airflow regimes, filtration, and ultraviolet germicidal irradi- ation (UVGI). ASHRAE’s position is that facilities of all types should follow, as a minimum, the latest prac- tice standards and guidelines. ASHRAE’s 62.X Standards cover ventilation in many facility types, and Standard 170 covers ventilation in health-care facilities. New and existing health- careintakeandwaitingareas,crowdedshelters,andsimilarfacilitiesshouldgobeyondthemini- mum requirements of these documents, using techniques covered in ASHRAE’s Indoor Air QualityGuide (2009)tobeevenbetterpreparedtocontrolairborneinfectiousdisease(including a future pandemic caused by a new infectious agent). © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 2 EXECUTIVE SUMMARY This position document (PD) has been written to provide the membership of ASHRAE and other interested persons with information on the following: • the health consequences and modes of transmission of infectious disease • the implications for the design, installation, and operation of heating, ventilating, and air- conditioning (HVAC) systems • the means to support facility management and planning for everyday operation and for emergencies Therearevariousmethodsofinfectiousdiseasetransmission,includingcontact(bothdirect and indirect), transmission by large droplets, and inhalation of airborne particles containing infectious microorganisms. The practice of the HVAC professional in reducing disease trans- mission is focused primarily on those diseases transmitted by airborne particles. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 3 1. THE ISSUE The potential for airborne transmission of disease is widely recognized, although there remains uncertaintyconcerningwhichdiseasesarespreadprimarilyviawhichroute,whetheritbeairborne, short range droplets, direct or indirect contact, or multimodal (a combination of mechanisms). Ventilation and airflow are effective for controlling transmission of only certain diseases. Several ventilation and airflow strategies are effective and available for implementation in buildings. Although this PD is primarily applicable to diseases that spread from person to person, the principles also apply to infection from environmental reservoirs such as building water systems with Legionella spp.and organic matter with spores from mold (to the extent that the microor- ganismsspreadbytheairborneroute).1 Thefirststepincontrolofsuchadiseaseistoeliminate the source before it becomes airborne. 2. BACKGROUND 2.1 Introduction to Infectious DiseaseTransmission This position document covers the spread of infectious disease from an infected individual to a susceptible person, known as cross transmission or person-to-person transmission,by small airborne particles (an aerosol) that contain microorganisms. This PD does not cover direct or indirect contact routes of exposure. Direct contact means any surface contact such as touching, kissing, sexual contact, contact with oral secretions or skin lesions, or additional routes such as blood transfusions or intravenous injections. Indirect contact involves contact with an intermediate inanimate surface (fomite), such as a doorknob or bedrail that is contaminated. Exposurethroughtheairoccursthrough(1)droplets,whicharereleasedandfalltosurfaces about 1 m (3 ft) from the infected and (2) small particles, which stay airborne for hours at a time and can be transported long distances. The aerobiology of transmission of droplets and small particles produced by a patient with acute infection is illustrated in Figure 1. Because large droplets are heavy and settle under the influence of gravity quickly, general dilution, pressure differentials, and exhaust ventilation do not significantly influence droplet concentrations, velocity, or direction, unless they reduce diameter by evaporation, thus becom- ing an aerosol.The term droplet nuclei has been used to describe desiccation of large droplets into small airborne particles (Siegel et al. 2007). Of the modes of transmission, this PD’s scope is limited to aerosols, which can travel longer distances through the airborne route, including by HVAC systems.The terms airborne,aerosol, and droplet nuclei are used throughout this PD to refer to this route. HVAC systems are not known to entrain the larger particles. The size demarcation between droplets and small particles has been described as having a mass median aerodynamic diameter (MMAD) of 2.5 to10 µm (Shaman and Kohn 2009; Duguid 1946; Mandell 2010). Even particles with diameters of 30 µm or greater can remain suspended in the air (Cole and Cook 1998).Work by Xie and colleagues (2007) indi- cates that large droplets are those of diameter between 50 and 100 µm at the original time of release. Tang and others (2006) proposed a scheme of large-droplet diameter 60 µm, 1 ForASHRAE’sposition concerning Legionella,seeASHRAE(2012a).Readers arereferredtootherresourcesthat address mitigationoftransmissionofthiswaterbornepathogen(ASHRAE2000;CDC2003;theforthcomingASHRAEStandard188; OSHA 1999; SA Health 2013, and WHO 2007). For ASHRAE’s position concerning mold and moisture, see ASHRAE (2013d).  © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 4 small droplet diameter < 60 µm, and droplet nuclei with a MMAD of <10 µm.The exact size demarcation is less important than knowing that large droplets and small particles behave differently and that the latter can remain airborne. Small particles that can become airborne are typically generated by coughing, sneezing, shouting,andtoalesserextentbysingingandtalking.Evenbreathingmaygeneratesuchparti- cles in sick and highly infectious individuals (Bischoff 2013). Particle size distributions of coughed materials are thought to encompass a broad range of diameters, from very small to large droplets, depending on differences in patients and diseases (Riley and Nardell 1989). Fennelly et al. (2004) measured cough aerosol emanating directly from tuberculosis patients. The patients generated infectious aerosol that contained from three to four colony- formingunits(CFU,adirectmeasure,usingculturingtechniques,ofthenumberofviable,grow- ing, and infectious organisms) to a maximum of 633 CFU. The size distributions that were measuredinthisstudysuggestthatmostoftheviableparticlesinthecough-generatedaerosols were immediately respirable, ranging from 0.65 to 3.3 µm. Wainwright et al. (2009) also measured cough aerosols from cystic fibrosis patients and documented that 70% of viable cough aerosols containing Pseudomonas aeruginosa and other Gram-negative bacteria were ofparticles 3.3 µm.Positiveroomairsampleswereassociatedwithhightotalcountsincough aerosols. There are not, however, enough data to fully describe or predict cough particle size distri- butions2 for many diseases, and research is needed to better characterize them (Xie et al. 2009). Inthe1950s,therelationshipamongparticlesize,airbornesuspension,andtransmissionimpli- cations began to become clear.The different routes require different control strategies, which have evolved over many years of infectious disease practice, and there are now standards of practice for infectious disease and hospital epidemiology. See the Professional Practice documents available from the Association for Professionals in Infection Control and Epidemiology at www.apic.org. 2 Cough particle size distributions are likely to vary based on the infected person’s viscosity of secretions, anatomical struc- tures in the oropharynx (roughly meaning throat) and airways, and disease characteristics. Figure 1 Droplet suspension: illustration of the aerobiology of droplets and small airborne particles produced by an infected patient. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 5 Many diseases have been found to have higher transmission rates when susceptible indi- viduals approach within close proximity, about 1 to 2 m (3 to 7 ft). 3 Over this short range, the susceptible person has a substantially greater exposure from the infected individual to droplets of varying size, both inspirable large droplets and airborne particles (e.g., see Figure 1). Nicas and Jones (2009) have argued that close contact permits droplet spray exposure and maxi- mizes inhalation exposure to small particles and inspirable droplets.Thus, particles/droplets of varying sizes may contribute to transmission at close proximity (Li 2011). Topreventthistypeofshort-rangeexposure,whetherdropletorairborne,maintaininga2 m (7 ft) distance between infected and susceptible is considered protective, and methods such as ventilation dilution are not effective. 2.2 Mathematical Model of Airborne Infection Riley and Nardell (1989) present a standard model of airborne infection usually referred to as the Wells-Riley equation, given below as Equation 1. Like all mathematical models, it has its limitations, yet it is useful for understanding the relationship among the variables such as the number of new infections (C), number of susceptibles (S), number of infectors (I), number of doses of airborne infection (q) added to the air per unit time by a case in the infectious stage, pulmonary ventilation per susceptible (p) in volume per unit time, exposure time (t), and volume flow rate of fresh or disinfected air into which the quanta are distributed (Q). C =S(1 –e–Iqpt/Q)(1) The exponent represents the degree of exposure to infection and 1 –e–Iqpt/Q is the proba- bility of a single susceptible being infected. Note that this model does not account for varying susceptibility among noninfected individuals. For this and other reasons, exposure does not necessarily lead to infection. 4 The parameter q is derived from the term quantum, which Wells (1995) used to indicate an infectious dose, whether it contains a single organism or several organisms. The ability to estimate q is difficult at best and has been reported in the literature to be 1.25 to 249 quanta per hour (qph) in tuberculosis patients (Riley et al. 1962; Catanzaro 1982) and 5480 qph for measles (Riley et al. 1978). Because of the uncertainty in knowing q, Equation 1 is most useful for understanding the general relationships among the variables, for instance, the impact of increasing the volume of fresh or disinfected air on airborne infection. Increasing Q decreases exposure by diluting air containing infectious particles with infectious-particle-free air.Q can also be impacted through the use of other engineering control technologies, including filtration and UVGI, as discussed in Section 3.2.Therefore, a more complete representation of Q should include the total removal rate by ventilation, filtration, deposition, agglomeration, natural deactivation, and other forms of engineered deactivation. 3 Infectious pneumonias, like pneumococcal disease (Hoge et al. 1994) or plague (CDC 2001) are thought to be transmitted in this way. 4 This applies differently to various microorganisms, whether they be fungal, bacterial, or viral. After exposure, the microor- ganism must reach the target in the body (e.g., lung or mucosa) to cause infection. Some infective particles must deposit on mucosa to result in infection, and if they instead deposit on the skin, infection may not result. Another important element thatinfluencesaperson’sriskofinfectionishisorherunderlyingimmunityagainstselectmicroorganismsandimmunestatus in general. For example, individuals with prior M. Tuberculosis infection who have developed immunity are able to ward off the infection and a person who had chicken pox as a child or received chicken pox vaccine is not susceptible even if living in the same household as an individual with acute chicken pox. On the other hand, individuals infected with human immu- nodeficiency virus (HIV) are more susceptible to becoming infected, for instance, with tuberculosis. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 6 2.3 For Which Diseases is the AirborneTransmission Route Important? Roy and Milton (2004) describe a classification scheme of aerosol transmission of diseases as obligate, preferential, or opportunistic 5 on the basis of the agent’s capacity to be transmitted and to induce disease. Under this classification scheme, tuberculosis may be the only commu- nicable disease with obligate airborne transmission—an infection that is initiated only through aerosols.For Mycobacteriumtuberculosis,theaerodynamicdiametersoftheairborneparticles are approximately 1 to 5 µm. Agents with preferential airborne transmission can naturally initiate infection through multiple routes but are predominantly transmitted by aerosols. These include measles and chicken pox. Thereareprobablymanydiseaseswithopportunisticairbornetransmission—infectionsthat naturally cause disease through other routes such as the gastrointestinal tract but that can also use fine-particle aerosols as an efficient means of propagating in favorable environments.The relative importance of the transmission modes for many of these diseases remains a subject of uncertainty (Shaman and Kohn 2009; Roy and Milton 2004; Li 2011). The common cold (rhinoviruses) and influenza can both be transmitted by direct contact or fomites; there is also evidence of influenza and rhinovirus transmission via large droplets and the airborne route (D’Alesssio et al. 1984; Wong et al. 2010; Bischoff et al. 2013). Work by Dick and colleagues (1967, 1987) suggests that the common cold may be trans- mitted through the airborne droplet nuclei route. Experimental studies (Dick et al. 1987) docu- ment the possibility of transmission beyond 1 m (3 ft) under controlled conditions in experimental chambers and strongly suggest airborne transmission as at least one component ofrhinoviralinfection.Arecentfieldstudy(Myattetal.2004)supportsthisresultanddocuments its likely importance in a field investigation. Other literature acknowledges the potential importance of the airborne routes while suggesting that droplet transmission is far more important, at least for common viral diseases such as the common cold (Gwaltney and Hendley 1978). Control of seasonal influenza has for decades relied on large-droplet precautions even thoughthereisevidencesuggestingafargreaterimportanceforairbornetransmissionbysmall particles. For instance, a 1959 study of influenza prevention in aVeterans Administration nurs- inghomeidentifiedan80%reductionininfluenzainstaffandpatientsthroughtheuseofupper- room ultraviolet germicidal irradiation (UVGI) (McLean 1961).This suggests that air currents to the higher-room areas where the UVGI was present carried the airborne infectious particles, and they were inactivated. The inactivated (noninfectious) particles were therefore unable to infect staff and patients in control areas with UVGI, as compared to areas without UVGI. Influenza transmission occurred from one index case to 72% of the 54 passengers aboard an airliner on the ground in Alaska while the ventilation system was turned off (Moser et al. 1979). This outbreak was widely thought to represent a second piece of evidence for airborne transmission, and it was also thought that the high attack rate was due in part to the ventilation systemnotbeinginoperation(Moser1979).AreviewbyTellier(2006)acknowledgestheimpor- tance of these papers and suggests including consideration of airborne transmission in pandemic influenza planning. However, one systematic review by Brankston et al. (2007) concluded that the airborne transmission route was not important in the same outbreak. 5 This use of the word opportunistic differs from the medical term of art,opportunistic infection, which refers to an infection causedbyamicroorganismthatnormallydoesnotcausediseasebutbecomespathogenicwhenthebody’simmunesystem is impaired and unable to fight off infection. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 7 A 1986 outbreak from the H1N1 influenza virus among U.S. Navy personnel was attributed to their having flown on the same airplanes. Many of the infected susceptibles were displaced considerablymorethan2m(7ft)fromtheinfectedindividuals(Klontzetal.1989).Thissuggests the airborne route of transmission. A2009outbreakofinfluenzaApandemic(H1N1)developedfromasingleindexcasepatient in nine tour group members (30%) who had talked with the index case patient and in one airline passenger (not a tour group member) who had sat within two rows of her. None of the 14 tour groupmemberswhohadnottalkedwiththeindexcasepatientbecameill.Theauthorstherefore concluded that this outbreak was caused by droplet transmission and that airborne transmis- sion was not a factor (Han et al. 2009). Chu et al. (2005) documented that airborne transmission of severe acute respiratory syndrome (SARS, a severe form of pneumonia caused by a member of the coronavirus family of viruses—the same family that can cause the common cold) could occur. In one dramatic outbreak of SARS in the Amoy Gardens high-rise apartment, airborne transmission through droplet nuclei seemed to represent the primary mode of disease spread.This was likely due to a dried-out floor drain and airborne dissemination by the toilet exhaust fan and winds (Yu et al. 2004; Li et al. 2005a, 2005b). The observed pattern of disease spread from one building to another,andparticularlyontheupwindsideofonebuilding,couldnotbeexplainedsatisfactorily other than by the airborne route. A study of Chinese student dormitories provides support for the theory of the airborne spread of the common cold (Sun et al. 2011). Ventilation rates were calculated from measured carbon- dioxide concentration in 238 dorm rooms in 13 buildings. A dose-response relationship was found between outdoor air flow rate per person in dorm rooms and the proportion of occupants with annual common cold infections 6 times. A mean ventilation rate of 5 L/(s·person) (10 cfm/ [s·person]) in dorm buildings was associated with 5% of self-reported common cold 6 times, compared to 35% at 1 L/(s·person) (2 cfm /[s·person]). A literature review byWat (2004) tabulates the mode of transmission and seasonality of six respiratory viruses, indicating that rhinovirus, influenza, adenovirus, and possibly coronavirus are spread by the airborne route. The reader of this document should keep an open mind about the relative importance of the various modes of transmission due to the uncertainty that remains (Shaman and Kohn 2009) as illustrated by the studies described above. Disease transmission is complex, and one- dimensional strategies are not suitable for universal application. 3. PRACTICAL IMPLICATIONS FOR BUILDING OWNERS, OPERATORS, AND ENGINEERS Small particles may be transported through ventilation systems, as has been documented for tuberculosis, Q-fever, and measles (Li et al. 2007). Therefore, when outbreaks occur in the workplace, transmission through HVAC systems must be considered. As disease transmission by direct contact, fomite, and large-droplet routes is reduced by more efficient prevention strat- egies, the airborne route is likely to become relatively more important. If influenza transmission occurs not only through direct contact or large droplets, as is the long-standing public health tradition, but also through the airborne route, as newer data suggest, HVAC systems may contribute far more both to transmission of disease and, poten- tially, to reduction of transmission risk.   © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 8 There are practical limits to what HVAC systems can accomplish in preventing transmission of infections in large populations. In some cases, infections are transmitted in the absence of HVAC systems. Owners, operators, and engineers are encouraged to collaborate with infection prevention specialists knowledgeable about transmission of infection in the community and the workplace and about strategies for prevention and risk mitigation. 3.1 Varying Approaches for FacilityType Health-care facilities have criteria for ventilation design to mitigate airborne transmission of infectious disease (FGI 2010; ASHRAE 2008).Yet most infections are transmitted in ordinary occupancies in the community and not in industrial or health-care occupancies. ASHRAE does not provide specific requirements for infectious disease control in schools, prisons,shelters,transportation,andotherpublicfacilitiesotherthanthegeneralventilationand air quality requirements of Standards 62.1 and 62.2 (ASHRAE 2013b, 2013c). However, the guidance in this PD does apply to these facilities. In health-care facilities, many common interventions to prevent infections aim to reduce transmission by direct or indirect contact (for example, directly via the hands of health-care personnel). Interventions also aim to prevent airborne transmission (Aliabadi et al. 2011). Because of the difficulties in separating out the relative importance of transmission modes, recent work in health-care facilities has focused on“infection control bundles” (i.e., use of multi- ple modalities simultaneously) (Apisarnthanarak et al. 2009, et al. 2010a, et al. 2010b; Cheng etal.2010).Fortwoprototypediseases,tuberculosisandinfluenza,thisbundleincludesadmin- istrative and environmental controls and personal protective equipment in health-care settings. Given the current state of knowledge, this represents a practical solution. For studies and other publications with specific guidance on air quality and energy in biomedical laboratories, animal research facilities, and health-care facilities, see the National Institutes of Health (NIH) Office of Research Facilities’ website (http://orf.od.nih.gov/Policies AndGuidelines/Bioenvironmental). A prerequisite to all of the strategies is a well-designed, installed, commissioned, and main- tained HVAC system (Memarzadeh et al. 2010; NIOSH 2009a). In considering going beyond requirements that include codes, standards, and practice guidelines, use guidance from published sources such as“Guidelines for Preventing theTrans- mission of Mycobacterium Tuberculosis in Health-Care Settings” (CDC 2005),Guidelines for Design and Construction of Health Care Facilities (FGI 2010),Indoor Air Quality Guide: Best Practices for Design, Construction and Commissioning (ASHRAE 2009), apic.org, andTable 1 intheRecommendationssection,anddiscussriskwiththefacilityuser.HVACsystemdesigners canassistcloselyalliedprofessionalssuchasarchitectsandplumbingengineerstounderstand how sources of unplanned airflow can impact airborne infectious disease transmission. Exam- ples include wastewater drains (especially if improperly trapped) and wall and door leakage (including the pumping action of swinging doors). 3.2 Ventilation and Air-Cleaning Strategies Because small particles remain airborne for some period of time, the design and operation of HVAC systems that move air can affect disease transmission in several ways, such as by the following: © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 9 • supplying clean air to susceptible occupants • containing contaminated air and/or exhausting it to the outdoors • diluting the air in a space with cleaner air from outdoors and/or by filtering the air • cleaning the air within the room The following strategies are of interest: dilution ventilation, laminar and other in-room flow regimes, differential room pressurization, personalized ventilation, source capture ventilation, filtration (central or unitary), and UVGI (upper room, in-room, and in the airstream). ANSI/ASHRAE/ASHE Standard 170-2008,Ventilation of Health-Care Facilities, covers specific mandatory HVAC requirements including ventilation rates, filtration, and pressure rela- tionshipsamongrooms(ASHRAE2008).The GuidelinesforDesignandConstructionofHealth Care Facilities (FGI 2010) include the Standard 170 requirements and describe other criteria that can guide designers of these facilities. Ventilation represents a primary infectious disease control strategy through dilution of room air around a source and removal of infectious agents (CDC 2005). Directed supply and/or exhaust ventilation, such as nonaspirating diffusers for unidirectional low-velocity airflow, is important in several settings, including operating rooms (FGI 2010; ASHRAE 2008). However, it remains unclear by how much infectious particle loads must be reduced to achieve a measurable reduction in disease transmissions and whether the efficiencies warrant the cost of using these controls. Energy-conserving strategies that reduce annualized ventilation rates, such as demand- controlled ventilation, should be used with caution, especially during mild outdoor conditions when the additional ventilation has low cost. Greater use of air economizers has a positive impact both on energy conservation and annualized dilution ventilation. Natural ventilation, such as that provided by user-operable windows, is not covered as a method of infection control by most ventilation standards and guidelines. There are very few studies on natural ventilation for infection control in hospitals. One guideline that does address itrecommendsthatnaturalventilationsystemsshouldachievespecificventilationratesthatare significantly higher than the ventilation rates required in practice guidelines for mechanical systems (WHO 2009). Room pressure differentials are important for controlling airflow between areas in a building (Siegeletal.2007;CDC2005).Forexample,airborneinfectionisolationrooms(AIIRs)arekept at negative pressure with respect to the surrounding areas to keep potential infectious agents within the rooms. Some designs for AIIRs incorporate supplemental dilution or exhaust/capture ventilation (CDC 2005). Interestingly, criteria for AIIRs differ substantially between cultures and countriesinseveralways,includingairsupplyintoanterooms,exhaustfromspace,andrequired ventilation air (Subhash et al. 2013; Fusco et al. 2012). This PD takes no position on whether anterooms should be required in practice guidelines. Hospital rooms with immune-compromised individuals are kept at positive pressure in protective environments (PEs) to keep potential infectious agents (e.g.,Aspergillus sp. or other filamentous fungi) out of the rooms (Siegel et al. 2007; FGI 2010; ASHRAE 2008). Personalized ventilation systems that supply 100% outdoor air, highly filtered, or UV disin- fectedairdirectlytotheoccupant’sbreathingzone(Cermaketal.2006;Sekharetal.2005)may be protective as shown by CFD analysis (Yang et al. 2013). However, there are no known field studies that justify the efficacy. Personalized ventilation may be effective against aerosols that travel both long distances as well as short-range routes (Li 2011). © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 10 The addition of highly efficient particle filtration to central ventilation systems is likely to reduce the airborne load of infectious particles (Azimi and Stephens 2013). 6 This control strat- egy can reduce the transport of infectious agents within individual areas and from one area to another when these areas share the same central ventilation system (e.g., from patient rooms in hospitals or lobbies in public access buildings to other occupied spaces). Local,efficientfiltrationunits(eitherceilingmountedorportable,floor-standing)reducelocal airborne loads and may serve purposes in specific areas such as health-care facilities or high- traffic public occupancies (Miller-Leiden et al. 1996; Kujundzic et al. 2006). There are two UVGI strategies for general application: (1) installation into air handlers and/ or ventilating ducts and (2) irradiation of the upper air zones of occupied spaces with shielding oftheloweroccupiedspacesbecauseUVisharmfultoroomoccupants(Reed2010).Twostrat- egies used in some but not all health-care occupancies are in-room irradiation of unoccupied spaces and of occupied spaces (e.g., operating suites) when personnel have appropriate personal protective equipment (PPE) (NIOSH 2009b). AllUVGIdependsoninactivationofviableagents,bothintheairandonsurfaces,depending on the strategy. ASHRAE (2009) describes effective application of the first two UVGI strategies. For efficacy of in-room irradiation. see, for instance, “Decontamination of Targeted Pathogens fromPatientRoomsUsinganAutomatedUltraviolet-C-EmittingDevice”(Andersonetal.2013). In both duct-mounted and unoccupied in-room UVGI, the amount of radiation applied can bemuchhighercomparedtowhatcanbeusedforupper-zoneUVGI,resultinginhigheraerosol exposure and quicker inactivation. Duct-mounted UVGI can be compared to filtration in the centralventilationsystem,becauseitinactivatesthepotentiallyinfectiousorganismswhilefiltra- tion removes them. UVGI does not impose a pressure drop burden on the ventilation system. There is research that shows UVGI in both the upper-room and in-duct configurations can inactivate some disease-transmitting organisms (Riley et al. 1962; Ko et al. 2002; CDC 2005; Kujundzic et al. 2007; VanOsdell and Foarde 2002; Xu et al. 2003, et al. 2005), that it can affect diseasetransmissionrates(McLean1961),andthatitcanbesafelydeployed(Nardelletal.2008). Upper-zoneUVGI,wheneffectivelyapplied(ASHRAE2009;NIOSH2009a;Milleretal.2013; Xu et al. 2013), inactivates infectious agents locally and can be considered in public access and high-trafficareassuchascafeterias,waitingrooms,andotherpublicspaces.Thefixturesaretypi- cally mounted at least 2.1 m (7 ft) above the floor, allowing at least an additional 0.3 m (1 ft) of spaceabovethefixturefordecontaminationtooccur.Itistypicallyrecommendedwhenventilation rates are low. At air change rates much greater than 6 ach (air changes per hour), there is evidence that upper-room UVGI is less effective relative to particle removal by ventilation. This is thought to be because the particles have less residence exposure time to UV. In-room UVGI may be performed in patient rooms between successive occupants using elevated levels of irradiation applied in the unoccupied room for a specified length of time.This is primarily a surface disinfectant strategy, though it also disinfects the air that is in the room at the time of irradiation (Anderson et al. 2013; Mahida et al. 2013). Because the UV is turned off before the next patient arrives, it has no continuing effect on the air. 6 Filter efficiency varies with particle size, so the type of filtration required in order to be effective varies with the type of organ- ismandtheaerosolthatcarriesit.ASHRAEStandard52.2(ASHRAE2012b)describesaminimumefficiencyreportingvalue (MERV) for filter efficiency at various particle sizes, and HEPA filtration may not be necessary. Specific personnel safety procedures may be required when changing filters, depending on the types of organisms and other contaminants that have been collected on the used media. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 11 A strategy of continuous irradiation of the air during surgery has been used, though this is not currently standard practice.When using this strategy, protection of operating room person- nel from the UV radiation is advised. Note that no controlled intervention studies showing the clinical efficacy of all of the above strategies have been conducted,including dilution ventilation and pressure differential that are required under current practice standards and guidelines. If studies can be conducted, they should specifically include occupancies such as jails, home- lessshelters,andhealth-carefacilities.Comparedtootherfacilities,thesehaveahigherriskforboth infected and susceptible individuals, which results in higher rates of disease transmission, making the impact more measurable and significant. Such research may lead to other recommended changes in HVAC system design. More research is also needed to document intrinsic (specific to microorganism) airborne virus and bacteria inactivation rates. SeeTable 1 for a summary of occu- pancy categories in which various strategies may be considered and priorities of research needs. 3.3 Temperature and Humidity Many HVAC systems can control indoor humidity and temperature, which can in turn influ- ence transmissibility of infectious agents. Although the weight of evidence at this time suggests that controlling relative humidity (RH) can reduce transmission of certain airborne infectious organisms,includingsomestrainsofinfluenza,thisPDrefrainsfrommakingauniversalrecom- mendation. According to Memarzadeh (2011), in a review of 120 papers conducted on the effect of humidity and temperature on the transmission of infectious viruses, numerous researchers suggestthatthreemechanismscouldpotentiallyexplaintheobservedinfluenceofRHontrans- mission. One possible mechanism is slower evaporation from large droplets influenced by higherhumiditythatalowerhumiditywouldmorerapidlychangethemintodropletnuclei.Nicas and colleagues (2005) show by modeling that emitted droplets will evaporate to 50% of their initialdiameterandthatiftheinitialdiameteris<20µmthisprocesswillhappenbeforethedrop- lets fall to a surface. For larger diameters and higher humidity this does not happen quickly enough to change large droplets into droplet nuclei before they fall. Wang et al. (2005) found that people inhaled fewer droplets at a higher RH. The second possible mechanism is that RH may act at the level of the host. Breathing dry air could cause desiccation of the nasal mucosa, which would in turn render the host more susceptible to respiratory virus infections. The third possible mechanism is that RH may act at the level of the virus particle to affect its virulence. Yang and Marr (2012b) discuss in a minireview the complexities of the relationship between aerosolized viruses and RH, including multiple hypotheses such as water activity, surface inac- tivation, and salt toxicity, that may account for the association between humidity and viability of viruses in aerosols. They also propose their own hypothesis that changes in pH (induced by evaporation) within the aerosol compromise the infectivity. They conclude that the precise mechanisms underlying the relationship remain largely unverified; there are still large gaps in the literature, and a complete understanding will require more in-depth studies with collabora- tion across disciplines. Memarzadeh (2011) further concludes that there is insufficient evidence to say that main- taininganenclosedenvironmentatacertaintemperatureandatacertainRH,islikelytoreduce theairbornesurvivalandthereforetransmissionofinfluenzaviruswhencomparedwithasimilar environment that does not adhere to such tight control of indoor temperature and RH. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 12 A sample of the findings of numerous individual studies follows. Schafferetal.(1976)revealedthatviraltransmissionatlow(<40%)andhigh(>80%)relative humidity was much higher than at medium relative humidity (about 50%). Lowen et al. (2007) and Shaman and Kohn (2009) conclude that low humidity and low temperature strongly increase influenza transmission between guinea pigs and hypothesize thisiscausedbyrapidformationofdropletnucleiandincreasedsurvivaloftheinfectiousagent. Lowen suggests that humidification of indoor air (particularly in places, such as nursing homes and emergency rooms, where transmission to those at high risk for complications is likely) may help decrease the spread and the toll of influenza during influenza season. Yang et al. (2012a) studied the relationship between influenza A virus (IAV) viability over a large range of RH in several media, including human mucus. They found the relationship between viability and RH depends on droplet composition: viability decreased in saline solu- tions, did not change significantly in solutions supplemented with proteins, and increased dramatically in mucus. Thus, laboratory studies that do not use mucus may yield viability results that do not represent those of human-generated aerosols in the field. Their results also suggest that there exist three regimes of IAV viability defined by three different ranges of RH. Noti et al. (2013) found that at low relative humidity (23%), influenza retains maximal infec- tivity (71% to 77%) and that inactivation (infectivity 16% to 22%) of the virus at higher relative humidity (43%) occurs rapidly (60 min) after coughing. This study used manikins and aerosol- ization in a nebulizer, using a cell culture medium. 7 Another factor to consider before using higher indoor humidity to reduce airborne disease transmission is that it may interfere with the effectiveness of UVGI. Two studies with S. marc- escens showed an increased survival in the presence of UV light at higher RH levels.This was suggestedtobeduetotheprotectiveeffectoflargerparticlesizes,asevaporationwouldbeless at these higher RH levels, thus indicating a protective effect of a thicker water coat against UV radiation (Tang 2009).Two other studies also show that UVGI is less effective at higher RH and suggest it is due to a change in DNA conformation (Peccia et al. 2001; Xu et al. 2005). In addition to the above, there are comfort issues to be considered when selecting indoor temperature and humidity parameters for the operation of buildings. For instance, the optimum temperaturetoreducethesurvivalofairborneinfluenzavirusmaybeabove30°C(86°F)at50% rh (Tang 2009), which is not usually acceptable for human thermal comfort (ASHRAE 2013a). Furthermore,higherhumidityincreasesthepotentialformoldandmoistureproblems(ASHRAE 2013b). For all of the above reasons, this PD does not make a broad recommendation on indoor temperature and humidity for the purpose of controlling infectious disease. Practitioners may use the information above to make building design and operation decisions on a case-by-case basis. 3.4 Non-HVAC Strategies Building owners and managers should understand that education and policies, such as allowing and encouraging employees to stay at home when ill, are more effective than any HVAC interventions. Administrative measures such as prompt identification of patients with 7 Email correspondence with coauthor Linsley on November 22, 2013, explains that the medium used was complete Dulbecco’s modified Eagle’s medium (CDMEM), which consists of Dulbecco’s modified Eagle’s medium, 100 U/ml penicillin G, 100 µg/ml streptomycin, 2 mM L-glutamine, 0.2% bovine serum albumin, and 25 mM HEPES buffer. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 13 influenza-like illness and use of source control (respiratory hygiene 8) are also important, especially in health-care settings. In some cases, high-efficiency personal protective equip- ment (e.g., N95 respirators [CDC 2014]) may be considered. Vaccination, a general public health measure, is efficient and effective for many diseases, in part because it does not rely on facility operation and maintenance. On the other hand, vaccination is sometimes unavailable or insufficiently effective. For example, despiteanaverageeffectivenessof60%to70%forinfluenza(Osterholmetal.2012),effec- tiveness can decline to as low as 10% in “bad match” years (Belongia et al. 2009). In such a case, HVAC interventions may be more important, even though they are less well under- stood. For example, recent modeling (Gao et al. 2012) suggests that dilution ventilation can support pandemic management as an essential complement to social distancing and can reduce the necessity of school closures. For current information on these nonventilation strategies, readers should consult websites maintained by public health and safety authorities, such as the Centers for Disease Control and Prevention (CDC), Department of Homeland Security (DHS), flu.gov, the official influenza website of the U.S. Department of Health and Human Services (USDHHS), and the World Health Organization (WHO) (in particular, www.who.int/influ enza/preparedness/en/, WHO 2014). 3.5 Emergency Planning Four worldwide (pandemic) outbreaks of influenza occurred in the twentieth century: 1918, 1957, 1968, and 2009 (BOMA 2012). Not classified as true pandemics are three notable epidemics: a pseudopandemic in 1947 with low death rates, an epidemic in 1977 that was a pandemic in children, and an abortive epidemic of swine influenza in 1976 that was feared to have pandemic potential. The most recent H1N1 pandemic in 2009 resulted in thousands of deaths worldwide but was nowhere near the death toll of the 1918 Spanish flu, which was the most serious pandemic in recent history and was responsible for the deaths of an estimated morethan50millionpeople.Therehavebeenaboutthreeinfluenzapandemicsineachcentury for the last 300 years. If a new outbreak occurs and is caused by a microorganism that spreads by the airborne route, fast action affecting building operations will be needed. Some biological agents that may be used in terrorist attacks are addressed elsewhere (USDHHS 2002, 2003). Engineers can support emergency planning by understanding the design, operations, and maintenance adequacy of buildings for which they are responsible and helping emer- gency planners mitigate vulnerabilities or develop interventions. For instance, there may be means to increase dilution ventilation, increase relative humidity, or quickly apply upper- room UVGI in an emergency room, transportation waiting area, shelter, jail, and crowded entries to buildings in an emergency, provided that this does not create either (1) flow of air to less contaminated areas or (2) conditions of extreme discomfort. In other situations, curtailing ventilation or creating pressure differentials may be the appropriate strategy. Actions should be thoughtfully undertaken in collaboration with infection control profession- als and based on knowledge of the system and its operation and the nature and source of the threat. 8 Respiratoryhygieneincludesbehaviorsuchascoughingintoanddisposingoffacialtissueorputtingmasksonillindividuals to prevent dissemination of particles (CDC 2001; Siegel et al. 2007). © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 14 At the building level, engineers may provide support by (1) identifying vulnerabilities with air intake, wind direction, shielding, etc.; (2) identifying building systems and safe zones in the generalbuildingenvironment;(3)identifyingapproachestointerruptingairsupplytodesignated “shelter-in-place”locationsingeneralbuildingenvironments;and4)identifyingcohortingpossi- bilities for pandemic situations so that whole areas of a hospital may be placed under isolation and negative pressure. For guidance, see “Airborne Infectious Disease Management Manual: Methods for Temporary Negative Pressure Isolation” (MDH 2013). Building operators and engineers should have information about how to contact public health authorities and other emergency planning support (BOMA 2012). 4. RECOMMENDATIONS Someinfectiousdiseasesaretransmittedthroughinhalationofairborneinfectiousparticles, which can be disseminated through buildings by pathways that include ventilation systems. Airborne infectious disease transmission can be reduced using dilution ventilation; directional ventilation; in-room airflow regimes; room pressure differentials; personalized ventilation; 9 and source capture ventilation, filtration, and UVGI. Engineers play a key role in reducing disease transmission that occurs in buildings. Goal 11 of the ASHRAE Research Strategic Plan for 2010–2015, “Understand Influences of HVAC&R on Airborne Pathogen Transmission in Public Spaces and Develop Effective Control Strate- gies,” recognizes the key role that ASHRAE plays (ASHRAE 2010). Societal disruption from epidemics and the unexpected transmission of disease in work- places, public access facilities, and transportation warrants further research on the effective- ness of engineering controls. ASHRAE recommends the following: • All facility designs should follow the latest practice standards, including but not limited to ASHRAE Standard 55 for thermal conditions (ASHRAE 2013a); ventilation Standards 62.1 (ASHRAE 2013b), 62.2 (ASHRAE 2013c), and 170 (ASHRAE 2008; and FGI Guide- lines for Design and Construction of Health Care Facilities (FGI 2010). • Commissioning, maintenance, and proper operation of buildings, and, in particular, systems intended to control airborne infectious disease, are necessary for buildings and systems to be effective. • Building designers, owners, and operators should give high priority to enhancing well- designed, installed, commissioned, and maintained HVAC systems with supplemental filtration, UVGI, and, in some cases, to additional or more effective ventilation to the breathing zone. Filtration and UVGI can be applied in new buildings at moderate addi- tional cost and can be applied quickly in existing building systems to decrease the severity of acute disease outbreaks.Indoor Air Quality Guide (ASHRAE 2009) con- tains information about the benefits of and techniques for accomplishing these enhancements. • New health-care facilities, including key points of entry such as emergency, admis- sion, and waiting rooms; crowded shelters; and similar facilities should incorporate the infrastructure to quickly respond to a pandemic. Such infrastructure might include, for 9 For the purpose of this PD, personalized ventilation is a mechanical ventilation strategy of supplying air directly to the occu- pant’s breathing zone without mixing it with contaminated room air. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 15 example, HVAC systems that separate high-risk areas; physical space and HVAC sys- tem capacity to upgrade filtration; the ability to increase ventilation even as high as 100% outdoor air; the ability to humidify air; and receptacles at the upper room and ceiling heights of at least 2.4 m (8 ft) to enable effective upper-room UVGI. Once the building is in operation, rapid availability of filter elements and upper-room UV fixtures should be arranged for rapid deployment in an emergency. • Infection control strategies should always include a bundle of multiple interventions and strategies (not just ventilation). • Multidisciplinary teams of engineers, building operators, scientists, infection prevention specialists, and epidemiologists should collaborate to identify and implement interventions aimed at mitigation of risk from airborne infectious disease and understand the uncer- tainty of the effectiveness of current practice recommendations. • Building operators and engineers have a role to play in planning (BOMA 2012) for infec- tious disease transmission emergencies. • Committees that write and maintain practice standards and guidelines for critical environ- ments such as health-care facilities and crowded shelters should consider recent research and understanding of infectious disease control and consider adding or strength- ening requirements for the following: • Improved particle filtration for central air handlers • Upper-room and possibly other UVGI interventions or at least the ceiling heights and electrical infrastructure to quickly deploy them • The ability to quickly and temporarily increase the outdoor air ventilation rate in the event of an infectious disease outbreak • Avoiding unintended adverse consequences in infectious disease transmission result- ing from lower ventilation levels motivated solely by reduced energy consumption • Airborne infectious disease researchers should receive input on study design, methodol- ogy, and execution from many discipline experts (including engineers, infection prevention specialists, health-care epidemiologists, public health officials, and others) to provide a better picture of the interplay between building systems and disease transmission. • Controlled intervention studies should be conducted to quantify increases or decreases in disease propagation resulting from various ventilation rates. • Controlled intervention studies should be conducted to quantify the relative airborne infec- tion control performance and cost-effectiveness of specific engineering controls individu- ally and in combination in field applications. Table 1 summarizes the research priority and applicable occupancy categories for each strategy. Studies should include occupancies at high-risk (such as jails, homeless shelters, schools, nursing homes, and health-care facili- ties). • Research should quantify rates of airborne removal by filtration and inactivation by UVGI strategies specific to individual microorganisms and should field validate in real facilities the effectiveness of these interventions in preventing transmission. • Research should be conducted to better characterize the particle size distributions of coughed materials, which are thought to encompass a broad range of diameters. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 16 5. REFERENCES Aliabadi, A.A., S.N. Rogak, K.H. Bartlett, and S.I. Green. 2011. Preventing airborne disease transmission: Review of methods for ventilation design in health care facilities. Advances in Preventive Medicine. Article ID 12406. Anderson, D.J., M.F. Gergen, E. Smathers, D.J. Sexton, L.F. Chen, D.J. Weber, W.A. Rutala. 2013. Decontamination of targeted pathogens from patient rooms using an automated ultraviolet-C-emitting device.Infection Control and Hospital Epidemiology 34(5):466–71. Apisarnthanarak, A., P. Apisarnthanarak, B. Cheevakumjorn, and L. M. Mundy. 2009. Inter- vention with an infection control bundle to reduce transmission of influenza-like ill- nesses in a Thai preschool.Infection Control and Hospital Epidemiology September 30(9):817–22. doi: 10.1086/599773. Apisarnthanarak, A., P. Apisarnthanarak, B. Cheevakumjorn, and L. M. Mundy. 2010a. Imple- mentation of an infection control bundle in a school to reduce transmission of influ- enza-like illness during the novel influenza A 2009 H1N1 pandemic.Infection Control and Hospital Epidemiology March, 31(3):310–1. doi: 10.1086/651063. Table 1 Airborne Infectious Disease Engineering Control Strategies: Occupancy Interventions and Their Priority for Application and Research Strategy Occupancy Categories Applicable for Consideration* Application Priority Research Priority Dilution ventilation All High Medium Temperature and humidity All except 7 and 11 Medium High Personalized ventilation 1, 4, 6, 9, 10, 14 Medium High Local exhaust 1, 2, 8, 14 Medium Medium Central system filtration All High High Local air filtration 1, 4, 6, 7, 8 10 Medium High Upper-room UVGI 1, 2, 3, 5, 6, 8, 9, 14 High Highest Duct and air-handler UVGI 1, 2, 3, 4, 5, 6, 8, 9, 14 Medium Highest In-room flow regimes 1, 6, 8, 9, 10, 14 High High Differential pressurization 1, 2, 7, 8 11, 14 High High Note:Inpracticalapplication,acombinationoftheindividualinterventionswillbemoreeffectivethananysingleoneinisolation. *Occupancy Categories: 1. Health care (residential and outpatient) 2. Correctional facilities 3. Educational < age 8 4. Educational > age 8 5. Food and beverage 6. Internet café/game rooms 7. Hotel, motel, dormitory 8. Residential shelters 9. Public assembly and waiting 10. Transportation conveyances 11. Residential multifamily 12. Retail 13. Sports 14. Laboratories where infectious diseases vectors are handled © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 17 Apisarnthanarak, A., T.M. Uyeki, P. Puthavathana, R. Kitphati, and L.M. Mundy. 2010b. Reduction of seasonal influenza transmission among healthcare workers in an inten- sive care unit: A 4-year intervention study in Thailand.Infection Control and Hospital Epidemiology October, 31(10):996–1003. doi: 10.1086/656565. ASHRAE. 2000. ASHRAE Guideline 12-2000,Minimizing the Risk of Legionellosis Associ- ated With Building Water Systems. Atlanta: ASHRAE. ASHRAE. 2008. ANSI/ASHRAE/ASHE Standard 170-2008, Ventilation of Health-Care Facili- ties. Atlanta: ASHRAE. ASHRAE. 2009.Indoor Air Quality Guide: Best Practices for Design, Construction and Com- missioning. Atlanta: ASHRAE. ASHRAE. 2010. ASHRAE 2010–2015 Research Strategic Plan. www.ashrae.org/standards -research--technology/research. Atlanta: ASHRAE. ASHRAE. 2012a.Legionellosis, Position Document. Atlanta: ASHRAE. ASHRAE. 2012b. ASHRAE Standard 52.2-2012,Method of Testing General Ventilation Air- Cleaning Devices for Removal Efficiency by Particle Size. Atlanta: ASHRAE. ASHRAE. 2013a. ASHRAE Standard 55-2013,Thermal Environmental Conditions for Human Occupancy. Atlanta: ASHRAE. ASHRAE. 2013b. ANSI/ASHRAE Standard 62.1-2013,Ventilation for Acceptable Indoor Air Quality. Atlanta: ASHRAE. ASHRAE. 2013c. ANSI/ASHRAE Standard 62.2-2013,Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings. Atlanta: ASHRAE. ASHRAE. 2013d.Minimizing Indoor Mold Problems through Management of Moisture in Building Systems, Position Document. Atlanta: ASHRAE. Azimi, P. and B. Stephens. 2013. HVAC filtration for controlling infectious airborne disease transmission in indoor environments: Predicting risk reductions and operational costs. Building and Environment 70:150e160. Belongia, E.A., B.A. Kieke, J.G. Donahue, R.T. Greenlee, A. Balish, A. Foust, S. Lindstrom, D.K. Shay. 2009. Marshfield Influenza Study Group. Effectiveness of inactivated influ- enza vaccines varied substantially with antigenic match from the 2004–2005 season to the 2006–2007 season.Journal of Infectious Diseases, January, 15;199(2):159–67. doi: 10.1086/595861. Bischoff, W.E., K. Swett, I. Leng, T.R. Peters. 2013.Exposure to influenza virus aerosols dur- ing routine patient care.Journal of Infectious Diseases 207(7):1037–46. doi: 10.1093/ infdis/jis773. Epub 2013, Jan 30. BOMA. 2012.Emergency Preparedness Guidebook: The Property Professional’s Resource for Developing Emergency Plans for Natural and Human-Based Threats. Washington, DC: Building Owners and Managers Association International. Brankston, G., L. Gitterman, Z. Hirji, C. Lemieux, and M. Gardam. 2007. Transmission of influenza A in human beings.Lancet Infectious Disease 7:257–65. Catanzaro, A. 1982. Nosocomial Tuberculosis.American Review of Respiratory Diseases. 125:559–62. CDC. 2001. Recognition of illness associated with the intentional release of a biologic agent. Journal of the American Medical Association 286:2088–90. Centers for Disease Con- trol and Prevention. CDC. 2003.Guidelines for Environmental Infection Control in Health-Care Facilities. Atlanta: Center for Disease Control and Prevention. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 18 CDC. 2005. Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care Settings.Morbidity and Mortality Weekly Report (MMWR), 54 (No. RR- 17):1–140. Atlanta: Centers for Disease Control and Prevention. CDC. 2014. NIOSH-approved N95 particulate filtering facepiece respirators. www.cdc.gov /niosh/npptl/topics/respirators/disp_part/n95list1.html. Cermak, R., A.K. Melikov, Lubos Forejt, and Oldrich Kovar. 2006. Performance of personal- ized ventilation in conjunction with mixing and displacement ventilation.HVAC&R Research 12(2):295–311. Cheng, V.C., J.W. Tai, L.M. Wong, J.F. Chan, I.W. Li, K.K. To, I.F. Hung, K.H. Chan, P.L. Ho, and K.Y. Yuen. 2010. Prevention of nosocomial transmission of swine-origin pandemic influenza virus A/H1N1 by infection control bundle.Journal of Hospital Infection March, 74(3):271–7. doi: 10.1016/j.jhin.2009.09.009. Epub 2010 Jan 12. Chu, C.M., V.C. Cheng, I.F. Hung, K.S. Chan, B.S. Tang, T.H. Tsang, K.H. Chan, and K.Y. Yuen. 2005. Viral load distribution in SARS outbreak.Emerging Infectious Diseases December, 11(12):1882–6. Cole, E.C., and C.E. Cook. 1998. Characterization of infectious aerosols in health care facili- ties: an aid to effective engineering controls and preventive strategies.American Jour- nal of Infection Control 26(4):453–64. D’Alessio, D.J., C.K. Meschievitz, J.A. Peterson, C.R. Dick, and E.C. Dick. 1984. Short- duration exposure and the transmission of rhinoviral colds.Journal of Infectious Dis- eases August 150(2):189–94. Dick, E.C., C.R. Blumer, and A.S. Evans. 1967. Epidemiology of infections with rhinovirus types 43 and 55 in a group of University of Wisconsin student families.American Jour- nal of Epidemiology September, 86(2):386–400. Dick, E.C., L.C. Jennings, K.A. Mink, C.D. Wartgow, and S.L. Inhorn. 1987. Aerosol transmis- sion of rhinovirus colds.Journal of Infectious Diseases 156:442–8. Duguid, J.P. 1946. The size and duration of air-carriage of respiratory droplets and droplet nucleii.The Journal of Hygiene (London) 44:471–79. Fennelly, K.P., J.W. Martyny, K.E. Fulton, I.M. Orme, D.M. Cave, and L.B. Heifets. 2004. Cough- generated aerosols of Mycobacterium Tuberculosis: A new method to study infectious- ness.American Journal of Respiratory and Critical Care Medicine 169:604–609. FGI. 2010.2010 Guidelines for Design and Construction of Health Care Facilities. Dallas: Facility Guidelines Institute. Fusco, F.M., S. Schilling, G. De Iaco, H.R. Brodt, P. Brouqui, H.C. Maltezou, B. Bannister, R. Gottschalk, G. Thomson, V. Puro, and G. Ippolito. 2012. Infection control manage- ment of patients with suspected highly infectious diseases in emergency departments: Data from a survey in 41 facilities in 14 European countries.BMC Infectious Diseases January 28:12:27. Gao, X., Y. Li, P. Xu, and B.J. Cowling. 2012. Evaluation of intervention strategies in schools including ventilation for influenza transmission control.Building Simulation 5(1):29, 37. Gwaltney, J., and J.O. Hendley. 1978. Rhinovirus transmission: One if by air, two if by hand. American Journal of Epidemiology May,107(5):357–61. Han, K., X. Zhu, F. He, L. Liu, L. Zhang, H. Ma, X. Tang, T. Huang, G. Zeng, and B.P. Zhu. 2009. Lack of airborne transmission during outbreak of pandemic (H1N1) 2009 among tour group members, China, June 2009.Emerging Infectious Diseases October, 15(10):1578–81. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 19 Hoge, C.W., M.R. Reichler, E.A. Dominguez, J.C. Bremer, T.D. Mastro, K.A. Hendricks, D.M. Musher, J.A. Elliott, R.R. Facklam, and R.F. Breiman. 1994. An epidemic of pneumo- coccal disease in an overcrowded, inadequately ventilated jail.New England Journal of Medicine 331(10):643–8. Klontz, K.C., N.A. Hynes, R.A. Gunn, M.H. Wilder, M.W. Harmon, and A.P. Kendal. 1989. An outbreak of influenza A/Taiwan/1/86 (H1N1) infections at a naval base and its associa- tion with airplane travel.American Journal of Epidemiology 129:341–48. Ko, G., M.W. First, and H.A. Burge. 2002. The Characterization of upper-room ultraviolet ger- micidal irradiation in inactivating airborne microorganisms.Environmental Health Per- spectives 110:95–101. Kujundzic, E., F. Matalkah, D.J. Howard, M. Hernandez, and S.L. Miller. 2006. Air cleaners and upper-room air UV germicidal irradiation for controlling airborne bacteria and fun- gal spores.Journal of Occupational and Environmental Hygiene 3:536–46. Kujundzic, E., M. Hernandez, and S.L. Miller. 2007. Ultraviolet germicidal irradiation inactiva- tion of airborne fungal spores and bacteria in upper-room air and in-duct configura- tions.Journal of Environmental Engineering and Science 6:1–9. Li, Y., H. Qian, I.T.S. Yu, and T.W. Wong. 2005a. Probable roles of bio-aerosol dispersion in the SARS outbreak in Amoy Gardens, Hong Kong. Chapter 16.Population Dynamics and Infectious Disease in the Asia-Pacific. Singapore: World Scientific Publishing. Li,Y., X. Huang, I.T.S.Yu, T.W. Wong and H. Qian. 2005b. Role of air distribution in SARS trans- mission during the largest nosocomial outbreak in Hong Kong.Indoor Air 15:83–95. Li, Y., G.M. Leung, J.W. Tang, X. Yang, C.Y.H. Chao, J.Z. Lin, J.W. Lu, P.V. Nielsen, J. Niu, H. Qian, A.C. Sleigh, H-J. J. Su, J. Sundell, T.W. Wong, and P.L.Yuen. 2007. Role of ven- tilation in airborne transmission of infectious agents in the built environment—A multi- disciplinary systematic review.Indoor Air 17(1):2–18. Li,Y. 2011. The secret behind the mask. (Editorial.)Indoor Air 21(2):89–91. Lowen, A.C., S. Mubareka, J. Steel, and P. Palese. 2007. Influenza virus transmission is dependent on relative humidity and temperature.PLOS Pathogens 3:1470–6. Mahida, N., N. Vaughan, and T. Boswell. 2013. First UK evaluation of an automated ultravio- let-C room decontamination device (Tru-D),Journal of Hospital Infection. http:// dx.doi.org/10.1016/j.jhin.2013.05.005. Mandell, G. 2010.Mandell, Douglas, and Bennett's Principles and Practice of Infectious Dis- eases E-Book,7th Edition, Churchill Livingstone Elsevier. McLean, R.L. 1961. The effect of ultraviolet radiation upon the transmission of epidemic influ- enza in long-term hospital patients.American Review of Respiratory Diseases 83(2): 36–8. MDH. 2013. Airborne infectious disease management manual: Methods for temporary nega- tive pressure isolation. Minnesota Department of Health. Available at www.health.state.mn.us/oep/training/bhpp/airbornenegative.pdf. Accessed September 13, 2013. Memarzadeh, Farhad, Russell N. Olmsted, and Judene M. Bartley. 2010. Applications of ultraviolet germicidal irradiation disinfection in health care facilities: Effective adjunct, but not stand-alone technology.American Journal of Infection Control 38:S13–24. Memarzadeh, Farhad. 2011. Literature review of the effect of temperature and humidity on viruses.ASHRAE Transactions 117(2). © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 20 Miller, S.L., J. Linnes, and J. Luongo. 2013. Ultraviolet germicidal irradiation: Future directions for air disinfection and building applications.Photochemistry and Photobiology 89:777–81. Miller-Leiden, S., C. Lobascio, J.M. Macher, and W.W. Nazaroff. 1996. Effectiveness of in- room air filtration for tuberculosis control in healthcare settings.Journal of the Air & Waste Management Association 46:869–82. Moser, M.R., T.R. Bender, H.S. Margolis, G.R. Noble, A.P. Kendal and D.G. Ritter. 1979. An outbreak of influenza aboard a commercial airliner.American Journal of Epidemiology 110(1):1–6. Myatt, T.A., S.L. Johnston, Z. Zuo, M. Wand, T. Kebadze, S. Rudnick, and D.K. Milton. 2004. Detection of airborne rhinovirus and its relation to outdoor air supply in office environ- ments.American Journal of Respiratory and Critical Care Medicine 169:1187–90. Nardell, E.A., S.J. Bucher, P.W. Brickner, C. Wang, R.L. Vincent, K. Becan-McBride, M.A. James, M. Michael, and J.D. Wright. 2008. Safety of Upper-Room Ultraviolet Ger- micidal Air Disinfection for Room Occupants: Results from the Tuberculosis Ultraviolet Shelter Study.Public Health Reports Volume 123:52-60. S.J. Bucher, P.W. Brickner, C. Wang, R.L. Vincent, K. Becan-McBride, M.A. James, M. Michael, and J.D. Wright. 2008. Safety of upper-room ultraviolet germicidal air disinfec- tion for room occupants: Results from the tuberculosis ultraviolet shelter study.Public Health Reports 123:52–60. Nicas M, W.W. Nazaroff, and A. Hubbard. 2005. Toward understanding the risk of secondary airborne infection: Emission of respirable pathogens.Journal of Occupational and Environmental Hygiene 2:143–54. Nicas, M., and R.M. Jones. 2009. Relative contributions of four exposure pathways to influ- enza infection risk.Risk Analysis 29:1292–303. NIOSH. 2009a.Environmental Control for Tuberculosis: Basic Upper-Room Ultraviolet Germi- cidal Irradiation Guidelines for Healthcare Settings. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupa- tional Safety and Health. NIOSH. 2009b. Health hazard evaluation report: UV-C exposure and health effects in surgical suite personnel, Boston, MA. By D. Sylvain, and L. Tapp. Cincinnati, OH: U.S. Depart- ment of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA No. 2007-0257- 3082. Noti J.D., F.M. Blachere, C.M. McMillen, W.G. Lindsley, M.L. Kashon, D.R. Slaughter, and D.H. Beezhold. 2013. High humidity leads to loss of infectious influenza virus from sim- ulated coughs.PLOS ONE 8(2):e57485. OSHA. 1999.OSHA Technical Manual. Washington, DC: Occupational Safety & Health Administration. Osterholm M.T., N.S. Kelley, A. Sommer, and E.A. Belongia. 2012. Efficacy and effectiveness of influenza vaccines: A systematic review and meta-analysis.Lancet Infectious Dis- eases January, 12(1):36–44. doi: 10.1016/S1473-3099(11)70295-X. Epub 2011 October 25. Peccia, J., H. Werth, S. L. Miller, and M. Hernandez. 2001. Effects of relative humidity on the ultraviolet-induced inactivation of airborne bacteria.Aerosol Science & Technology 35:728–40. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 21 Reed, N.G. 2010. The history of ultraviolet germicidal irradiation for air disinfection.Public Health Reports January–February, 125(1):15–27. Riley, R.L., C.C. Mills, F. O’Grady, L.U. Sultan, F. Wittestadt, and D.N. Shivpuri. 1962. Infectious- ness of air from a tuberculosis ward—Ultraviolet irradiation of infected air: Comparative infectiousness of different patients.American Review of Respiratory Diseases 85:511–25. Riley, R.L., and E.A. Nardell. 1989. Clearing the air: The theory and application of ultraviolet air disinfection.American Review of Respiratory Diseases 139(5):1286–94. Riley, E.C., G. Murphy, and R.L. Riley. 1978. Airborne spread of measles in a suburban ele- mentary school.American Journal of Epidemiology 107:421–32. Roy, C.J., and D.K. Milton. 2004. Airborne transmission of communicable infection—The elu- sive pathway.New England Journal of Medicine 350:17. SA Health. 2013.Guidelines for Control of Legionella in Manufactured Water Systems in South Australia. Rundle Mall, South Australia: SA Health. Schaffer, F.L., M.E. Soergel, and D.C. Straube. 1976. Survival of airborne influenza virus: Effects of propagating host, relative humidity, and composition of spray fluids.Archives of Virology 51:263–73. Sekhar, S.C., N. Gong, K.W. Tham, K.W. Cheong, A.K. Melikov, D.P. Wyon, and P.O. Fanger. 2005. Findings of personalised ventilation studies in a hot and humid climate. HVAC&R Research 11(4):603–20. Shaman, J., and M. Kohn. 2009. Absolute humidity modulates influenza survival, transmission, and seasonality.Proceedings of the National Academy of Sciences 106(0):3243–48. Siegel J.D., E. Rhinehart, M. Jackson, and L. Chiarello. 2007.2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings. Atlanta: Centers for Disease Control and Prevention, The Healthcare Infection Control Practices Advisory Committee. Subhash, S.S., G. Baracco, K.P. Fennelly, M. Hodgson, and L.J. Radonovich, Jr. 2013. Isola- tion anterooms: Important components of airborne infection control.American Journal of Infection Control May, 41(5):452–5. doi: 10.1016/j.ajic.2012.06.004. Epub 2012, October 2. Sun Y., Z. Wang, Y. Zhang, and J. Sundell. 2011. In China, students in crowded dormitories with a low ventilation rate have more common colds: Evidence for airborne transmis- sion.PLOS ONE 6(11):e27140. Tang J.W.,Y. Li, I. Eames, P.K.S. Chan, and G.L. Ridgway. 2006. Factors involved in the aero- sol transmission of infection and control of ventilation in healthcare premises.Journal of Hospital Infection 64(2):100–14. Tang, J.W. 2009. The effect of environmental parameters on the survival of airborne infectious agents.Journal of the Royal Society Interface 6:S737–S746. Tellier, R. 2006. Review of aerosol transmission of influenza a virus.Emerging Infectious Disease12(11):1657–62. USDHHS. 2002.Guidance for Protecting Building Environments from Airborne Chemical, Biological, or Radiological Attacks. NIOSH Publication No. 2002-139, May. Washing- ton, DC: United States Department of Health and Human Services. USDHHS. 2003. Guidance for Filtration and Air-Cleaning Systems to Protect Building Envi- ronments from Airborne Chemical, Biological, or Radiological Attacks NIOSH Publi- cation No. 2003-136. Washington, DC: United States Department of Health and Human Services. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. 22 VanOsdell, D., and K. Foarde. 2002.Defining the Effectiveness of UV Lamps Installed in Cir- culating Air Ductwork—Final Report. Air-Conditioning and Refrigeration Technology Institute, Arlington, Virginia. Wainwright, C.E., M.W. Frances, P. O’Rourke, S. Anuj, T.J. Kidd, M.D. Nissen, T.P. Sloots, C. Coulter, Z. Ristovski, M. Hargreaves, B.R. Rose, C. Harbour, S.C, Bell, and K.P. Fennelly. 2009. Cough-generated aerosols of Pseudomonas aeruginosa and other Gram-negative bacteria from patients with cystic fibrosis.Thorax 64:926–31. Wang, B., A. Zhang, J.L. Sun, H. Liu, J. Hu, and L.X. Xu. 2005. Study of SARS transmission via liquid droplets in air.Journal of Biomechanical Engineering 127:32–8. Wat, D. 2004. The common cold: A review of the literature.European Journal of Internal Med- icine 15:79– 88. Wells, W.F. 1955.Airborne Contagion and Air Hygiene. Cambridge: Harvard University Press, 191. WHO. 2007.Legionella and the prevention of Legionellosis. Geneva: World Health Organiza- tion 2007. Available at www.who.int/water_sanitation_health/emerging/legionella/en/. WHO. 2009.Natural ventilation for infection control in health-care settings. World Health Organization: Geneva, Switzerland. WHO. 2014. Influenza: Public health preparedness. www.who.int/influenza/preparedness/en/. Wong, B.X., N. Lee, Y. Li, P.X. Chan, H. Qiu, Z. Luo, R.X. Lai, K.X. Ngai, D.X. Hui, K.X. Choi, I.X.Yu. 2010. Possible role of aerosol transmission in a hospital outbreak of influenza. Clinical Infectious Diseases 51(10):1176–83. Xie, X.,Y. Li, A.T.Y. Chwang, P.L. Ho, and H. Seto. 2007. How far droplets can move in indoor environments—Revisiting the Wells evaporation-falling curve.Indoor Air 17:211–25. Xie, X.J., Y.G. Li, H.Q. Sun, and L. Liu. 2009. Exhaled droplets due to talking and coughing. Journal of The Royal Society Interface 6:S703–S714. Xu, P., J. Peccia, P. Fabian, J.W. Martyny, K. Fennelly, M. Hernandez, and S.L. Miller. 2003. Efficacy of ultraviolet germicidal irradiation of upper-room air in inactivating bacterial spores and mycobacteria in full-scale studies.Atmospheric Environment 37:405–19. Xu, P., E. Kujundzic, J. Peccia, M.P. Schafer, G. Moss, M. Hernandez, and S.L. Miller. 2005. Impact of environmental factors on efficacy of upper-room air ultraviolet germicidal irradiation for inactivating airborne mycobacteria.Environmental Science & Technol- ogy 39:9656–64. Xu, P., N. Fisher, and S.L. Miller. 2013. Using computational fluid dynamics modeling to eval- uate the design of hospital ultraviolet germicidal irradiation systems for inactivating air- borne mycobacteria.Photochemistry and Photobiology 89(4):792–8. Yang, J., C. Sekhar, D. Cheong Kok Wai, and B. Raphael. 2013. CFD study and evaluation of different personalized exhaust devices.HVAC&R Research. Yang, W., S. Elankumaran, and L.C. Marr. 2012a. Relationship between humidity and influ- enza a viability in droplets and implications for influenza’s seasonality.PLOS ONE 7(10):e46789. doi:10.1371/journal.pone.0046789. Yang, W., and L. Marr. 2012b. Mechanisms by which ambient humidity may affect viruses in aerosols.Applied and Environmental Microbiology 78(19):6781. DOI: 10.1128/ AEM.01658-12. Yu, I.T.,Y. Li, T.W. Wong, W. Tam, A.T. Chan, J.H. Lee, D.Y. Leung, and T. Ho. 2004. Evidence of Airborne Transmission of the Severe Acute Respiratory Syndrome Virus. New Eng- land Journal of Medicine 350:1731-1739. DOI: 10.1056/NEJMoa032867. © 2014 ASHRAE (www.ashrae.org). For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE's prior written permission. ITEM NO: 2 DATE: September 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 45-2020 – A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR A FEASIBILITY STUDY AND COST ASSESSMENT FOR IMPROVEMENTS TO TABOR LAKE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks & Recreation Director City Manager ISSUE: This Resolution is to support the City’s application for a Colorado Parks and Wildlife (CPW) non-motorized trail grant to fund a feasibility study and cost assessment for improvements to Tabor Lake. The grant has a maximum value of $45,000 and requires a 30% match of a combination of in-kind and cash funds with at least 10% of the match being a cash match. The project must be completed within 2.5 years of being awarded the grant, which gives the City until July 2023 to utilize the grant funds. PRIOR ACTION: The Parks and Recreation Commission has expressed interest in extending the Tabor Lake trail and improving the shore line, and department staff would like to provide the Commission with accurate information regarding the feasibility and cost of this endeavor. As a result, department staff sought out grant funding to complete an assessment. FINANCIAL IMPACT: The financial impact of applying for this grant is $13,500 in a combination of in-kind and cash matching funds, of which up to $4,500 would have to be direct cash funds, if awarded. The grant award timeline allows this to take place in 2021, 2022, or the first half of 2023. The City would also have to agree to retain ownership of the land for at least 25 years. Council Action Form – Colorado Parks and Wildlife Non-Motorized Trail Grant Application September 14, 2020 Page 2 BACKGROUND: Tabor Lake is along the Clear Creek Trail and adjacent to Prospect Park, West Lake, and Bass Lake. The majority of this area has well-maintained banks and trails, with the exception being Tabor Lake. This highly-trafficked area is a highlight in the City for residents and visitors alike, and improving this area has been identified by the Parks and Recreation Commission as a recommended upcoming project for the department. This work would need to begin by contracting with a design firm to analyze the area and provide improvement designs and estimates. This grant from Colorado Parks and Wildlife would support funding the feasibility and cost assessment phase of this work. Should the grant be awarded and the feasibility and cost assessment phase be funded and completed, the next steps would be for the City to take that information and decide if, and potentially when, the improvement work should be undertaken. Once the feasibility and cost assessment information are available, the City can make that decision, budget funds, and/or pursue outside funding (such as grants) to complete the construction work if the trail project is identified as a priority. RECOMMENDATIONS: The Parks and Recreation Department recommends City Council approve this Resolution to support the grant application. The Parks and Recreation Commission is in support of this assessment. RECOMMENDED MOTION: “I move to approve Resolution No. 45-2020, a resolution in support of an application for the Colorado Parks and Wildlife Non-Motorized Trail Grant for a feasibility study and cost assessment for improvements to Tabor Lake.” Or, “I move to postpone indefinitely Resolution No. 45-2020, a resolution in support of an application for the Colorado Parks and Wildlife Non-Motorized Trail Grant for a feasibility study and cost assessment for improvements to Tabor Lake for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks and Recreation Director Brandon Altenburg, Grant and Special Project Administrator Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 45-2020 2. Colorado Parks and Wildlife Non-Motorized Trail Grant Application ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45 Series of 2020 TITLE: A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR A FEASIBILITY STUDY AND COST ASSESSMENT FOR IMPROVEMENTS TO TABOR LAKE WHEREAS, the City of Wheat Ridge wishes to pursue an application for the Colorado Parks and Wildlife 2021 Non-Motorized Trail Grant for the purposes of contracting with an engineering firm to assess the feasibility of and obtain a cost estimate for the work of extending and improving the Tabor Lake trail; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, complete the feasibility assessment as described in the application by implementing grant funding supported by in-kind and cash funding; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, manage long-term maintenance on the project and property; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, maintain ownership of the property on which the feasibility assessment project is to occur (Tabor Lake south bank and trails) for at least 25 years. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Mayor and City Council support the application for the Colorado Parks and Wildlife Non-Motorized Trail Grant. DONE AND RESOLVED this 14th day of September, 2020. ___________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk 2021 Non-Motorized Trails Grant Application The Colorado State Recreational Trails Grant Program funds projects for recreational trail grants, trail planning and trail support. This program is a partnership among: •Colorado Parks and Wildlife •Great Outdoors Colorado (GOCO) •The Federal Recreational Trails Program (RTP) •The Land and Water Conservation Fund (LWCF) Grant Information Submit completed applications to: dnr_trails@state.co.us Applications may also be submitted via Dropbox. Contact a staff member for the link. Mail 1 hard copy to: Colorado Parks and Wildlife State Trails Program 13787 U.S. Hwy. 85 N., Littleton, CO 80125 If you are unable to submit electronically, include your completed application on a CD or thumb drive with your hard copy. Do not bind or staple your application. Paper clips are acceptable. For further information or guidance on the application process, please contact: Pam O’Malley Fletcher Jacobs Non-Motorized Grants Administrator State Trails Program Manager 303-791-1957 x4131 303-791-1957 x4129pam.omalley@state.co.us fletcher.jacobs@state.co.us For guidance on project development, please contact the appropriate Colorado Parks and Wildlife Regional Trail Coordinator: •Northeast Region: Ben Plankis (720) 582-6948, benjamin.plankis@state.co.us •Southeast Region: Luke Svare (719) 355-9405, lucas.svare@state.co.us •Northwest Region: Randy Engle (970) 434-6862 x4221, randy.engle@state.co.us •Southwest Region: Josh Stoudt (303) 548-8206, joshua.stoudt@state.co.us APPLICATION DEADLINE: Thursday, October 1, 2020 ATTACHMENT 2 EXHIBIT A The final application you submit to State Trails will include the following documents presented in the order listed below: 1.Resolution from Governing Body 2.Exhibit A – Application with complete answers in each category. Limit 1 PAGE PER QUESTION, MINIMUM 12pt. FONT 3.Exhibit B – Project Budget (Excel format only, unprotected) 4.Environmental Forms (Non-Federal Check List OR Federal Environmental Form)5.Vicinity and Project Maps 6. Photographs 7.Letters of support All forms, eligibility criteria and other resource documentation are available on our website: http://cpw.state.co.us/aboutus/Pages/TrailsGrantsNM.aspx ** APPLICANT ORAL PROJECT PRESENTATION ** Applicant representatives (1-2 people) will appear in person (or possibly via remote web conferencing) to present their proposal to the subcommittee members. Applicants will have a 15- minute window with a 5-minute question period. Presentations will be scheduled during the January subcommittee meetings in the Denver area. Eligible applicants will be notified of their assigned day and time. Grant application and funding timeline: August 3 – October 1, 2020: Grant applications available on the CPW website September 8, 2020: Basic project scope and map emailed to Area Wildlife Manager and Trails Program email (dnr_trails@state.co.us) October – December 2020: CPW staff and subcommittee preliminary review January 2021: Applicant presentations to subcommittees January 2021: State Trails Committee reviews recommendations from subcommittees March 2021: CPW Commission makes the final decision on funding April 2021: LWCF projects submitted to the NPS for approval June 2021: LWCF grant start date with the NPS May – June 2021: CPW contracts are written and distributed to awarded project applicants. EXHIBIT A PLANNING AND SUPPORT GRANT GRANT APPLICATION CHECK LIST MANDATORY: Signed letter of resolution from Governing Body that includes resources/support committed to the project Exhibit A – Application Exhibit B – Budget (Unprotected Excel CPW form) Maps/Photos/Graphics [Separate PDF document(s)] DO NOT combine with application. Letters of Support (maximum of 5). No letters from clubs, groups or individuals who are specifically working on the project. Project should be completed within 2.5 years from receiving grant. Required MATCH funding is secured, including CASH match funds. CPW Area Manager was contacted about the project by September 8th and applicant has discussed the project with them (not required for support grants) Note: ALL projects will be reviewed by CPW for wildlife impacts. ADDITIONAL PROJECT HIGHLIGHTS: Youth Corps or youth organization will be used on the project (name of organization). Volunteers will be utilized on the project (name of organization). EXHIBIT A NON-MOTORIZED PLANNING/SUPPORT APPLICATION Applicant or Organization Name: Mailing Address: Applicant Lead Contact Name: Title: Telephone: Email: Is this the primary contact for this grant: EXHIBIT A Project Description Previous CPW grants awarded (last 3 years) List award year, category and project name EXHIBIT A LAND OWNERSHIP 1. Provide the name/s of the property owners: 2. The trail corridor is controlled by: Fee Simple Lease Easement License Right-of-Way Other: PROJECTED USER INFORMATION (Please check all that apply) Hiking Motorcycling Equestrian Walking Four-Wheeling ADA Accessible Running All-Terrain Vehicle Paddling Skateboarding Snowmobiling Other In-Line Skating Snowshoeing Other Biking X-Country Skiing Other TRAIL SURFACE Asphalt Concrete Other Natural Crusher Fines Other PROJECT LOCATION (For multiple project sites attach a separate list.) Nearest Town or City: County: Latitude & Longitude Coordinates (in decimal degrees): State Congressional District (https://www.govtrack.us/congress/members): Please fill out estimated numbers for all the applicable categories for your project (mark n/a for planning grants): Acreage of new trailhead Miles of trail being planned Miles of new trail construction Miles of trail maintenance Miles of inter-connecting trail Miles of trail reroute Miles of trail to be decommissioned Miles of trail to be restored Miles of trail to be signed Miles of trail grooming Other Other Applicant Authorized Signature: ______________________________________Date: _____________ (From Applicant Organization) Land Agency Authorized Signature: ___________________________________Date: _____________ (From project location land agency, if different from applicant) EXHIBIT A TIMELINE Provide a timeline estimate using the following form. Remember that the project is to be completed within two and a half years of the award date. Any proposed changes, including extensions or modifications in the project timeline, must be requested in writing and approved in advance by the State Trails Program. PRELIMINARY TIMELINE ESTIMATE TASK Jul- Sep 2021 Oct- Dec 2021 Jan- Mar 2022 Apr- Jun 2022 Jul- Sep 2022 Oct- Dec 2022 Jan- Mar 2023 Apr- Jun 2023 Jul- Sep 2023 Oct- Dec 2023 Project Initiation Mobilization Construction Phase Administrative Close-Out Grand Opening EXHIBIT A PLANNING AND SUPPORT GRANT SCORING CRITERIA All applicants must respond to the following selection criteria questions in eight pages or less. Use the numbered blank pages at the end of this section. This application will be scored on a 100 point basis. The maximum number of points that can be awarded for each question is shown in parentheses. Each project will be reviewed by outside reviewers and CPW Trails Program staff. Projects will be ranked according to reviewer and staff scores. Grant review subcommittee members review and score grant applications based on the totality of information available. This may include not only the answers provided to the application questions, but also additional information provided to the review subcommittee from agency staff and subcommittee member knowledge and information that is relevant to the proposed project. Failure to provide a response to any question (unless otherwise noted) will reduce your project’s score. Please read and understand all application questions prior to answering. Respond in 12 point font. Reference all attachments. 1. COMMUNITY NEED & BENEFIT (15 points) Summarize the community need for the project. Letters of support should clearly document this need. How will this project specifically address the needs described? What are the benefits of this effort to trail users and groups in the communities, region, and/or state? Describe how the planning project will involve local community connectivity and how communities will benefit from the project. How will community health benefits and the equity of underserved communities be considered, evaluated, and prioritized in the plan? Will underserved communities be involved in decision making processes (i.e. where trails will be located, what they will look like, recreation prioritization, etc.) through citizen advisory boards or other means of public involvement? 2. URGENCY (5 points) Why is it important to undertake this planning effort now, instead of at a later time? Please describe any elements that make this project urgent or timely and any associated loss of match funding or opportunity. List and describe the match contributions to be provided to the project in addition to those necessary to meet the minimum required 30% match, and the importance of these contributions. 3. CUMULATIVE IMPACTS (15 points) Explain the extent to which this project focuses on regional trail and resource planning. How will the plan evaluate multiple trail systems’ cumulative impacts together in a comprehensive plan? How will trail development be evaluated and balanced with existing trail system management, wildlife and natural resource conservation, and long term maintenance? Please include a map of the proposed area including any existing roads and trails. 4. WILDLIFE & NATURAL RESOURCES (15 points) How do you intend to engage CPW staff in the planning process? How were impacts to wildlife and habitat evaluated, avoided, and/or minimized? What factors were considered to avoid large blocks of less disturbed sensitive environmental resources such as wildlife habitat or wetlands in the planning process? EXHIBIT A What aspects were considered to evaluate wildlife connectivity across the landscape and to avoid and/or minimize the potential for fragmentation? If necessary, describe any plans for avoiding and/or minimizing wildlife and natural resource impacts. Describe how the applicant will help support the land manager in implementation. For example, if a seasonal closure is recommended, what are the dates and how will it be implemented to be effective (signage, gates, game cameras, etc.)? 5. COLLABORATION (15 points) Explain the extent to which the project demonstrates unique, innovative, and/or important multi-agency, organization and/or private partnerships. Describe how these partnerships will be a benefit to the planning project, development, and long term management/maintenance of the trail systems. Partnerships may include public agencies, conservation groups, stewardship groups, recreational groups, environmental groups, non-profit organizations, schools, businesses, and/or individuals. 6. IMPLEMENTATION (15 points) How does this project tie into existing trail management plans and demonstrate a significant improvement to community trail systems and larger connectivity throughout communities and existing trail systems? Describe how the planning project will lead to trail system improvements, the development of tangible trails, trailheads, amenities, or recreation projects in the area. What are potential sources of funding and resources for both trail construction and long term maintenance and how will these be considered and incorporated into the planning process? Is there committed funding and/or personnel and volunteer stewardship resources to support the long term maintenance of a potential trail? 7. PUBLIC COMMENT (10 points) Public comment is mandatory for all projects. If user conflicts are identified, how will they be address and managed? What stakeholders will be consulted to help decide upon objectives, strategies, and criteria? How will you engage stakeholders, land agency (municipalities, counties, federal) staff, and the community in the planning process? Do you anticipate public opposition to this plan or its implementation? If so, how will that be addressed? Will a professional consultant be hired to help facilitate this process? 8. PLANNING PROCESS & OUTCOME (10 points) Describe the strategy for monitoring and evaluating project planning, including how success of the planning effort will be defined and measured. What tangible or measureable products will result from this planning project? What is the anticipated timeline of the process and necessary reviews (such as NEPA if on federal land)? In analyzing options for the project, discuss how different alternatives for trail development will be evaluated in the planning process. List (in bulleted form) and provide a brief, specific description for each: • Objectives • Tasks • End products and/or deliverables that will result from this planning effort EXHIBIT A 1. COMMUNITY NEED & BENEFIT (15 points) EXHIBIT A 2. URGENCY (5 points) EXHIBIT A 3. CUMULATIVE IMPACTS (15 points) EXHIBIT A 4. WILDLIFE & NATURAL RESOURCES (15 points) EXHIBIT A 5. COLLABORATION (15 points) EXHIBIT A 6. IMPLEMENTATION (15 points) EXHIBIT A 7. PUBLIC COMMENT (10 points) EXHIBIT A 8. PLANNING PROCESS & OUTCOME (10 points)