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Item No. 07A Meeting Date: February 26, 2007 Type of Business: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Report on Alternative Wellness Attached are the City Council Minutes of January 22, 2007, relating an Alternative Wellness Center at Mounds View Square. Staff was directed by the City Council to see what other cities are doing to regulate this type of business to include asking the League of Minnesota Cities for some information and guidance on the issue. Staff received responses from the cities of Minneapolis, St. Paul, Coon Rapids, Blaine, Arden Hills, Roseville, and the League of Minnesota Cities. Unfortunately, these cities had no information, ordinances or anything in their code regulating this type of business. Staff also spoke to the League, and they also had no information to give us relating to this type of business or anything relating to Alternative Wellness. Since there was no information available, Staff started to research the Mounds View City Code pertaining to Zoning. Mounds View Square is in the B-4 Zoning District. Permitted uses in this district include Health and Beauty Services. An argument could be made that Alternative Wellness could be allowed in our City Zoning Code under Health and Beauty Services. However, Health and Beauty Services are not defined in our City Code. Staff spoke with the City Attorney last week and it was the City Attorney’s recommendation that we define Health and Beauty Services in our Zoning Code to include information on Alternative Wellness. Staff, with the help of the City Attorney, will draft a definition and present this to the Planning Commission at their next scheduled meeting in March. This will start the process of revising the City Zoning Code. The City Council could allow Ms. Kari Murlowski to operate an Alternative Wellness Center as long as the business does not use the Rain Drop Therapy technique (Rain Drop Therapy – a sequence of anointing oils and laying of hands on the body that brings structural and electrical alignment to the body in a relaxing and invigorating manner through the power of essential oils). The City does currently allow the Hypnosis and Healing Center to operate at Mounds View Square under our current Zoning Code. An argument could be made if we allow the Hypnosis and Healing Center to operate, then why cannot Ms. Murlowski under the same provisions of the . However, the opposite argument could be made that Minnesota regulates Hypnosis under Minnesota State Statute §148.89 (attached), and there is no such state statute provisions regarding Alternative Wellness. Staff would like guidance on how to proceed, and whether to allow Ms. Murlowski to operate an Alternative Wellness Center under our current City Zoning Code. Staff does recommend drafting a definition for Health and Beauty Services, and would like to present a definition proposal to the Planning Commission. Respectfully submitted, Desaree Crane