The City Of Federal Heights

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2 The City Of Federal Heights MISSION STATEMENT Our mission is to provide a high quality of life for the citizens of Federal Heights, while preserving a small city atmosphere, through responsible and effective stewardship of all resources, prudent economic development, enhancement of our current services, and participation in public, private, and regional partnerships. VISION STATEMENT The City of Federal Heights: -is comprised of distinct neighborhoods that are safe, secure, and have convenient access to services and amenities; -has a sustainable and growing economic base that fosters diverse employment and business opportunities; -offers a community-focused system of recreational, educational, and cultural activities for people of all ages and income levels; -capitalized upon its strategic location within the Denver metro area and adapts to a changing environment; and, -proudly enjoys a City government that is responsive and responsible to the needs of its citizens.

3 CITY OF FEDERAL HEIGHTS CITY COUNCIL STUDY SESSION JUNE 23, :00 P.M. AGENDA CALL TO ORDER Pledge of Allegiance Roll Call Agenda Review 1. Call to the Public 2. Consideration of Ordinance No. 15-XX An Ordinance of the City Council of the City of Federal Heights, Colorado, Amending Sec of Article II of Chapter 10 of the Federal Heights Municipal Code Regarding the National Electrical Code (Tim Williams) 3. Consideration of Ordinance No. 15-XX An Ordinance of the City Council of the City of Federal Heights, Colorado, Amending Massage Parlors, Article VIII of Chapter 14 of the Federal Heights Municipal Code (Bill Hayashi) 4. Council Requested Agenda Items -Traffic Calming Measures on 100 th Avenue (Ted May) -Special Events Assessment Strategies (Ted May) -Signs for Yard of the Month Nominees (Daniel Dick) 5. Questions and Comments from Municipal Officials a. Manager b. Attorney c. Staff d. Council e. Mayor 6. Public Comments 7. Adjournment The City of Federal Heights is committed to ensuring that all of our services are accessible to those with disabilities. We encourage participation by all individuals. If you have a disability, advance notification of any special needs will help us better serve you. Please call to request any special service that you may require. A one (1) week advance notice to allow us to accommodate your request is appreciated.

4 TO: THROUGH: FROM: RE: Mayor Thomas and City Council Jacqueline Halburnt, City Manager Tim Williams, Community Development Director 2011 National Electric Code Adoption City Hall 2380 W. 90 th Avenue Federal Heights, CO Fax DATE: 23 June 2015 It was recently discovered that the City s adoption of the 2011 National Electrical Code was out of step with the State of Colorado s adoption of code. Since the City of Federal Heights uses the State of Colorado for all electrical permitting and inspections, this could create confusion for contractors and designers. In instances where there is a discrepancy between local and state code adoptions, the codes adopted by the permitting agency regulate the work being permitted and inspected. At the time of permit application through the State of Colorado, the permit applicant is notified of the code that will be used to inspect his/her project. The City of Federal Heights is not in violation of State Statute at this time for being out of synch with the State s adopted code because we do not do any inspections at all. Some cities permit through the state but inspect locally. In that instance, the local jurisdiction is required to adopt the State s Code (or a more restrictive version) within 30 days of the State s adoption. In our case, the State has advised us that it would be cleaner to remove our electrical code adoption to avoid any confusion and simply refer contractors and design professionals to the State s on our website. This will protect us from missing any future State code updates. Should City Council decide at some point in the future to begin permitting or inspecting electrical work in the City, a future code adoption would be required. Enclosed is an ordinance that would remove our adoption of the 2011 National Electric Code Adoption from our municipal code for consideration.

5 ORDINANCE NO. 15- INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, AMENDING SEC OF ARTICLE II OF CHAPTER 10 OF THE FEDERAL HEIGHTS MUNICIPAL CODE REGARDING THE NATIONAL ELECTRICAL CODE WHEREAS, the State of Colorado, which has sole jurisdiction for the administration and enforcement of the National Electrical Code within the City has adopted the National Electrical Code 2014 Edition; and WHEREAS, the City must then amend its technical codes by deleting its adoption of the National Electrical Code 2011 Edition. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO: Section 1. Sec (6), National Electrical Code, of the Federal Heights Municipal Code is deleted in its entirety, as follows: National Electrical Code. The "National Electrical Code, 2011 Edition," referenced in this article as "NEC," published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts 02269; and the International Code Council Electrical Code, referenced in this article as "ICCEC," published by the International Code Council, 500 New Jersey Avenue, NE, 6 th Floor Washington, DC 20001, are hereby adopted as the electrical code of and for the city. Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portions hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Federal Heights Municipal Code by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the

6 penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 5. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 6. Violations of this ordinance are subject to the penalties set forth in Section 1-15 of Federal Heights Municipal Code or as otherwise provided in this ordinance. INTRODUCED, READ AND PASSED AS AN ORDINANCE, ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of, READ, PASSED AND ADOPTED AS AN ORDINANCE ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of, ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC City Clerk APPROVED AS TO FORM: William P. Hayashi City Attorney PUBLISHED: 2

7 ORDINANCE NO. 15- INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, AMENDING MASSAGE PARLORS, ARTICLE VIII OF CHAPTER 14 OF THE FEDERAL HEIGHTS MUNICIPAL CODE WHEREAS, in accordance with the Colorado Massage Parlor Code ( Act ), C.R.S et seq., those seeking to operate a massage parlor were required to obtain a license from the governing body of the local government, subject to all procedures and terms and conditions set forth in the Act; and WHEREAS, the Act provided that local governments could impose additional regulations which the City did in enacting Massage Parlors, Article VIII of Chapter 14 of the Federal Heights Municipal Code ( Code ); and WHEREAS, as the Act sunsets on July 1, 2015, the City, to ensure that it maintains the regulatory controls afforded it by the Act, desires to incorporate and update certain of the Act's provisions with the local regulations set forth in Article VIII of Chapter 14 of the Code; and WHEREAS, Council further finds that local licensing regulations are particularly important as unregulated massage businesses are commonly associated with sex trafficking, which has numerous negative secondary effects, including prostitution, sexual assaults, sexually transmitted diseases, illicit drug use and mental and physical health issues for the victims of sex trafficking. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO: Section 1. Section of Definitions of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: Apparatus means appliance, equipment, or object used in the application of a massage, but does not include furniture, towels, linens, oils or showers. External baths means water vapor, steam, sweat, electric, salt, alcohol rubs or any other kind of massage. Good cause, for the purpose of denying a license renewal means: (a) The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article or any rules and regulations promulgated pursuant to this article; Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"

8 (b) The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceedings; or (c) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the establishment is located, which evidence may include a continuing pattern of fights, violent activity, or disorderly conduct. Massage parlor means an establishment providing massage for any form of consideration or hire, but does not include training rooms of public or private schools accredited by the state board of education or approved by the state board for community colleges and occupational education, training rooms of professional or amateur sport teams, licensed health care facilities, or structures or facilities owned or operated by a massage therapist and used for massage therapy. Massage parlor means an establishment providing massage, but it does not include training rooms of public and private schools accredited by the state board of education or approved by the division charged with the responsibility of approving private occupational schools, training rooms or recognized professional or amateur athletic teams, and licensed health care facilities. A facility that is operated for the purpose of massage therapy performed by a massage therapist is not a massage parlor. Massage therapy means a system of structured touch, palpation, or movement of the soft tissue of another person s body in order to enhance or restore the general health and well-being of the recipient. Such system incudes, 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; hydromassage, 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 or massage therapy does not include therapeutic exercise, intentional joint mobilization or manipulation, or any of the methods described in C.R.S (e). Formatted: Normal, Justified, Indent: Left: 0", Space After: 0 pt, Line spacing: single, Pattern: Clear Massage therapist means an individual licensed by the state to engage in the practice of massage therapy. The terms masseuse and masseur are synonymous with the term massage therapist. Recognized school means an institution of learning which teaches the theory, method or work of massage and which requires 500 class hours for graduation and instruction in anatomy and physiology. The school shall furnish each student who satisfactorily completes these requirements a diploma or certificate of graduation. If a school is located outside this state, it shall meet the requirements of this article. If the school is located within this state, it shall meet the requirements contained in C.R.S et seq. Section 2. Section (a), (b) and (d) of General licensing provisions of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: 2

9 (a) All licenses granted under this article are valid for a period of one year from the date of their issuance unless revoked or suspended pursuant to section as set forth in this article. (b) Application for the renewal of an existing license shall be made to the city clerk not less than 45 days prior to the date of expiration. The city council may hold a hearing on the application for renewal, provided a notice of hearing has been conspicuously posted on the licensed premises for a period of ten days prior to the hearing. The city council may refuse to renew any license for "good cause", subject to judicial review. (d) Before granting a massage parlor license, the city council shall consider the reasonable requirements of the neighborhood, the desires of the neighborhood's inhabitants as evidenced, for example, by petitions, remonstrances, or otherwise, and the character, record, and reputation of the licensee. Section 3. Section , Application for license and fee, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: (a) A person seeking a license to operate a massage parlor shall make application to the city clerk and pay a nonrefundable application fee. The fee shall be as prescribed by resolution of city council in accordance with section 1-16 of the Code. (b) For each renewal of license, the applicant shall pay a nonrefundable renewal fee to the city. The fee shall be as prescribed by resolution of city council in accordance with section 1-16 of the Code. (c) Each applicant receiving a license shall pay an annual license fee to the city in an amount prescribed by resolution of city council in accordance with section 1-16 of the Code. Section 4. Section a) (2), (3) and (b), Denial of license by city council, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" (a) The city council may refuse deny a license based on any of the following findings: (2) The character, record or reputation of the applicant, business partners or its officers or directors is such that violations of this article would be likely to result if a license was granted; (3) The city council believes that the licenses already granted for the particular locality are adequate for the reasonable needs of the neighborhood finds that the reasonable requirements of the neighborhood are already met and/or that the adult inhabitants of the neighborhood or other party in interest do not desire a massage parlor establishment; (b) If the city council denies an application or a renewal, the city council shall provide written findings of fact stating the reasons for the disapproval. Section 5. Section (5), Persons prohibited as licensees, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: 3

10 (5) A person unsatisfactory to the city council in respect to the person s character, and record or reputation. Section 6. Section (2), (4) and (5), Prohibited acts, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: (2) Work at the licensed premises of a massage parlor without obtaining and carrying a valid identity card pursuant to section (c) as required by this article; (4) Allow the sale, giving or procuring of any massage service to any person under 18 years of age unless such person is accompanied by his parent or has a physician's prescription for massage services; (5) Permit any person under the age of 18 years to be employed as an employee in a massage parlor. If any person who is not at least 18 years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of a license issued under this article unless the person employing such person knew or should have known that the proof of age was fraudulent; or Section 7. Section (e), Public hearing regarding premises; public notice; posting; publication; sign to be placed on, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: (e) At the public hearing, any partiesy in interest shall be allowed to present evidence and cross examine witnesses. As used in this subsection (e)article, the term "party in interest" includes the applicant, a resident of the neighborhood under consideration, or the owner or manager of a business located in the neighborhood under consideration. Section 8. Section (a), (c) and (d), Results of investigation; decision of authorities, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: (a) At least five days before the date of the hearing, the city council clerk shall make known, in writing, its the city s findings based upon the city's its investigations, to the applicant and other interested parties. The city council has authority to refuse to issue any license for good cause. (c) A decision by the city council approving, or denying an application, or renewal shall be in writing stating the reasons and shall be made within 30 days after the date of the public hearing, and a copy of the decision shall be sent by certified mailed to the applicant at the address stated in the application. (d) No license shall be issued by the city council after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the provisions of this article, and then only after inspection of the premises has been made by the department of building inspection to determine that the applicant has complied with the 4

11 architect's drawing and plans and specifications submitted upon application by the applicant. Section 9. Section , Records of treatment, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is amended to provide: Every person operating a massage parlor or establishment under a license shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the masseuse employee administering such treatment. The record shall be open to inspection by city officials charged with the enforcement of this article. these provisions for the purposes of law enforcement. The information furnished shall be confidential. Any unauthorized disclosure or unauthorized use of this information by an officer or employee of the city shall constitute a misdemeanor and the officer or employee shall be subject to the penalty provisions of this article, in addition to other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and shall describe the address where the treatment was rendered. Said records shall be maintained for a period of two years. Section 10. Section , Application of regulations to existing businesses; state licensing requirements, of Article VIII of Chapter 14 of the Federal Heights Municipal Code is repealed in its entirety: (a) The provisions of this article shall be applicable to all persons and businesses described in this article whether the described activities were established before or after the effective date of this article. (b) No person shall operate a massage parlor without complying with all laws of the state relating to massage parlors. Section 11. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 12. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portions hereof are hereby repealed to the extent of such inconsistency or conflict. Section 13. The repeal or modification of any provision of the Federal Heights Municipal Code by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. 5

12 Section 14. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 15. Violations of this ordinance are subject to the penalties set forth in Section 1-15 of Federal Heights Municipal Code or as otherwise provided in this ordinance. INTRODUCED, READ AND PASSED AS AN ORDINANCE, ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of, READ, PASSED AND ADOPTED AS AN ORDINANCE ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of, ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC City Clerk APPROVED AS TO FORM: William P. Hayashi City Attorney PUBLISHED: 6