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HomeMy WebLinkAbout06-01-26 Study Session Agenda PacketSTUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, June 1, 2026 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 1, 2026) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 5:00 p.m. on June 1, 2026) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Public Comment on Agenda Items 1. Recreational vehicle parking in parks and open space areas 2. Regulation of massage facilities 3. Staff Report(s) 4. Elected Officials’ Report(s) ITEM NO. 1 Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager Chris Murtha, Police Chief Gerald Dahl, City Attorney DATE: June 1, 2026 SUBJECT: Recreational Vehicle Parking in Parks and Open Space Areas ISSUE: Attached for City Council consideration is an ordinance proposing amendments to Section 17-1 and Section 17-52 of the Wheat Ridge Code of Laws to address the parking of recreational vehicles (RVs) within City parks, trails, open spaces, and recreation areas. The proposed changes are intended to ensure these public spaces remain available for short-term recreational use and are not used for extended stays or residential purposes. BACKGROUND: City Council has previously adopted regulations governing the parking and use of vehicles within park and recreation areas. Over the past several years, staff and park users have observed an increase in the number and duration of RV parking in certain locations. Extended RV parking has impacted public access, displaced intended recreational activities, and raised health and safety concerns. The proposed ordinance: • Adds a formal definition of "Recreational Vehicle" (RV) to Section 17-1 of the Code. • Revises Section 17-52(b) to clarify and limit the parking of RVs in park and recreation areas. Specifically, RVs may be parked only during posted open hours and only in areas designated as “Oversized Vehicle Parking.” • Establishes a maximum parking duration of three consecutive days and clarifies that moving the vehicle within that period does not reset the limit. The intent is to prevent long-term occupancy that interferes with general public use. RECOMMENDATIONS: Staff recommend scheduling the attached draft ordinance for first reading. ATTACHMENT: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series 2026 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING RECREATIONAL VEHICLE PARKING IN PARKS AND OPEN SPACE AREAS WHEREAS, the City of Wheat Ridge (the “City”) 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 City Council has previously adopted Section 17-52 of the Wheat Ridge Code of Laws (the “Code”) concerning the parking and use of vehicles within the park and recreational areas of the City; and WHEREAS, the Council finds it necessary to restrict the parking of recreational vehicles in such areas in order to ensure that park and recreation areas of the City are not used for residential purposes; and WHEREAS, the Council further finds that the extended parking of recreational vehicles in park and recreation areas discourages and displaces members of the public from using such areas for their intended purpose, which is for temporary recreation visits by members of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-1 of the Code is amended by the addition of the following definition in its appropriate alphabetical location: Recreational Vehicle (RV) means a motorized or towable vehicle on a chassis with wheels and designed and built for leisure, seasonal use, or temporary living, featuring amenities for camping and travel-like beds, kitchens, and bathrooms. Recreational vehicles are not intended for permanent residence. Section 2. Section 17-52 of the Code, concerning vehicles in park and recreation areas, is amended by revising subsection (b) thereof to read as follows: ATTACHMENT 1 Sec. 17-52. -Vehicles. (a) . . . (b) Parking within or upon parks, open space, trails, parkways or recreation areas shall not be permitted at any time a park is closed, or in any area ordered closed by the director. It shall be unlawful to park so as to obstruct access roadways and parking areas or areas designated by sign for emergency vehicles use only. Vehicles may be parked in park and recreation areas only if the occupants are engaged in an activity connected with the areas. NOTWITHSTANDING THE FOREGOING, RECREATIONAL VEHICLES, AS DEFINED AT SECTION 17-1 OF THIS CHAPTER MAY BE PARKED ONLY DURING PARK POSTED OPEN HOURS AND ONLY IN AREAS DESIGNATED BY SIGNAGE INDICATING “OVERSIZED VEHICLE PARKING." ANY SUCH VEHICLE SHALL NOT BE PERMITTED TO BE PARKED IN SUCH AREA FOR MORE THAN THREE CONSECUTIVE DAYS; MOVING THE VEHICLE WITHIN THAT PERIOD SHALL NOT RESET THE THREE DAY LIMITATION, IT BEING THE INTENTION OF THIS SECTION THAT RECREATIONAL VEHICLES NOT BE PARKED IN RECREATION AREAS OF THE CITY IN A MANNER WHICH UNREASONABLY EXCLUDES USE BY MEMBERS OF THE GENERAL PUBLIC. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____ 2026, ordered published in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for _________ _______, 2065, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______ 2026. SIGNED by the Mayor on this _____ day of ____________, 2026. Korey Stites, Mayor ATTEST: __________________________________________ Onorina Maloney, Senior Deputy City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO. 2 MEMORANDUM To: Mayor and Council From: Gerald Dahl, City Attorney Date: June 1, 2026 Re: House Bill 24-1371 and Senate Bill 25-146: Regulation of massage facilities ______________________________________________________________________ This memorandum provides a summary of the two recently enacted state statutes and their impact on the City’s existing massage business licensing regulations. I have reviewed HB 24-1371 and SB 25-146 against the requirements of Sections 11-230 through 11-245 of the Wheat Ridge Code of Laws. Both bills involve more than massage licensing, but the result is to impose fingerprint verification on local licensing of massage operations. The two bills purport to declare the regulation of massage businesses a matter of state interest, thus requiring home rule cities, including Wheat Ridge, to comply with its provisions. I believe: (i) it is likely that a court would hold this is a matter of statewide concern or at the very least a mixed local, state, concern, and (ii) complying with the statute will not require major changes to the City's massage business licensing and enforcement program. The (now amended) relevant statutes are CRS 24-335-424.5 and 30-15-401.4 collectively, they: • establish statewide standard for licensing and regulation of massage businesses by local governments; • such licensing and regulation to be “no more restrictive" than the provisions of the statute; • require a fingerprint-based criminal history check for all owners, operators, and employees of massage businesses; • significantly, exempting licensed “massage therapists" from the requirements; and • establish a required list of standards by which a massage business license must be evaluated for approval, renewal, revocation, suspension, or denial. Significantly, the statute does not in any way create the state government as a massage business licensing or regulatory agency. Instead, it relies on counties and municipalities Massage business regulations June 1, 2026 Page 2 of 5 to do so and establishes a series of standards they must meet. Sadly, the statute does not articulate whether much of the City’s massage regulations (dealing with the physical conditions of the facilities themselves) will be deemed “more restrictive" than the standards in the statute. My recommendation is that the City’s massage regulations be amended to address the specific issues raised by the bills, retaining aspects which the state has not addressed. The two stages for the City’s action include: 1. A letter sent to all massage businesses within the City requiring them to submit to a fingerprint based criminal history record check on or before July 1, 2026; and 2. Revision of the City's massage licensing ordinance to harmonize it with requirements of HB 24-1371 and SB 25-146, and to ensure it satisfies the FBI criteria. Phase 1: Require fingerprint based criminal history record checks. The most immediate requirement in the statute is that massage business owners, operators, and employees must submit to fingerprinting on or before July 1, 2026 (or earlier if the City chooses to so require). Once taken, fingerprints are required to be sent to the Colorado Bureau of Investigation, which reviews the criminal history record and makes a report back to the City. The City is then obliged to “use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold the license or to be an owner or employee." In the event CBI determines the applicant is not so qualified, the City will need to initiate revocation proceedings. This is an issue the City can address only after it receives a CBI report. When the results of a fingerprint-based criminal history record check reveal a record of arrest without a disposition, the City's licensing authority must require the applicant to submit to a name-based judicial record check defined in CRS 22-2-119.3(6)(d). Phase 2: Review and revision of the City's massage license code I have reviewed the City’s Code sections 11-230 through 11-245 for conformance with the statutes. This results in a need to address at least the following issues, which we can put into an ordinance for consideration by City Council. Definitions • the definitions in section 11-252 should be adjusted to ensure that massage business owners, operators, and employees are subject to the City’s regulations, but not licensed “massage therapists” as defined by CRS 12-235-104. • the definitions should incorporate verbatim the definition of “background check” in new CRS 30-15-401.4(a.5). Massage business regulations June 1, 2026 Page 3 of 5 • it is clear that the intended definition of “owner" in the statute is a person owning a “legal ownership interest in a massage facility.” Significantly, ownership of only stock in a publicly traded company that owns or operates massage facilities is not considered an owner. I also conclude that a property owner who leases or rents to a massage business is not considered an owner unless that property owner also has an ownership interest in the massage business itself. Licensing • The Code should be revised to require that all applicants for massage business licenses first submit to the required background check and that no prospective employee may commence work before submitting to a background check at least 30 days before being granted a license. • The following are what appear to be under the new state statutes, the only and exclusive reasons for denial of a massage business license or its revocation or suspension. While similar to the City’s list in Code section 11-243, because of the requirement of the statute that the City’s regulation be “no more restrictive" than the statute, the standards for issuance, denial, suspension, or revocation, should be adjusted to reflect only this list of reasons: o administrative fee not paid o zoning or subdivision regulations do not allow the facility in that location o applicant, owner, or employee has been convicted of or entered a plea of guilty or nolo contendere for a felony or misdemeanor for:  solicitation of a prostitute CRS 18-17-202;  human trafficking-related offense CRS 18- 3505 or 13-3504  money laundering CRS 18-5-309 o applicant, owner, or employee is a registered sex offender CRS 16, 22103 o applicant has one or more previous revocations or suspensions of a massage facility license o an employee of a massage facility for which the applicant has filed an application has not submitted to the required background check before commencing employment o applicant, owner, or prospective owner has not submitted to the required background check at least 30 days before being granted a license o the statute allows the licensing authority to exercise discretion whether or not to deny an application after considering an applicant, owner, prospective owner, employee, or prospective employee with a conviction or plea of guilty or nolo contendere accepted by the court for a felony or misdemeanor for fraud or embezzlement, CRS 18-4-401 • The statute grants the City's licensing authority the ability to revoke or suspend a license for three reasons: Massage business regulations June 1, 2026 Page 4 of 5 o owner, licensee, or employee has not submitted to a background check o employing a person who has been convicted or entered a plea of nolo for one of the offenses listed above or is a registered sex offender, or o owner has been convicted of or entered a plea of nolo for the offenses listed above or is a registered sex offender. All the above should be incorporated into a revision of Code Sections 11-237 and 11-243. Operation of a massage business A person may not be an owner of a massage business if: o the person has not submitted to a background check at least 30 days before assuming ownership interest; or o the person has been convicted or entered a plea of nolo for the offenses listed above or is a registered sex offender. An owner or operator that learns that a prospective employee has been convicted of or entered a plea of nolo for the listed offenses or is a registered sex offender, may still hire the employee or continue to employ the employee, “if the operator or owner believes that employing the prospective employee does not pose a threat to customers or employees of the facility." Enforcement The statute describes a few categories of enforcement action which the City may, but is not required to take: • violations can be enforced pursuant to the penalty assessment procedure in CRS 16-2-201 • the City may adopt a graduated fine schedule for violations providing for increased penalty assessments for repeat offenses • the City may provide that a facility that engages in two or more violations of the City's regulations is a public nuisance • the City may bring an action in the District Court for injunction against a facility that violates the ordinance Recommendations Based on the analysis of HB 24-1371 and SB 25-146 and their interaction with the City’s current massage business licensing framework, I recommend that the City Council take the following actions: 1. Direct staff to immediately implement the fingerprint-based background check requirements for all massage business owners, operators, and employees, ensuring compliance by the statutory deadline of July 1, 2026. Massage business regulations June 1, 2026 Page 5 of 5 2. Approve revisions to the City’s massage business licensing ordinance to align Code Sections 11-230 through 11-245 with state law, limiting local licensing standards to those expressly permitted and ensuring the City remains “no more restrictive” than state requirements. 3. Maintain existing City regulations governing physical facility standards and operational requirements to the extent they do not exceed state limitations and remain within the City’s retained authority. 4. Authorize the City Attorney to prepare draft ordinance amendments for Council consideration, incorporating both the mandatory statutory provisions and any optional enforcement mechanisms the Council wishes to adopt. 5. Confirm Council’s preference regarding enforcement tools, including whether to implement graduated fines, nuisance designation, or the ability to seek injunctive relief. These steps will ensure the City’s continued ability to regulate massage businesses effectively while remaining fully compliant with state mandates.