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HomeMy WebLinkAboutAgenda Packets - 2002/11/04 CITY OF MOUNDS VIEW CITY COUNCIL WORKSESSION AGENDA Monday, November 4, 2002 6:00 pm CALL TO ORDER (6pm) ROLL CALL: Sonterre, Stigney, Quick, Thomas, Marty PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus _______ 1. Discuss Options Related to the Billboard Recently Replaced by Clear Channel Outdoor on County Road 10 – Ericson (oral report) _______ 2. Therapeutic Massage Therapy Discussion – Ericson _______ 3. Review “Concept” Residential Plan for Undeveloped “Laport Meadows” east of Long Lake Road – Ericson _______ 4. Consider Options for City-owned Rental property at 3016 County Road H2 – Ericson _______ 5. Discuss Reopening Secondary Access to Mounds View Manufactured Home Community – Ericson _______ 6. Discussion Regarding Equipment Purchase-Reed (Item will be delivered separately) _______ 7. Discussion Regarding Flexible Spending Plans-Reed (Item will be delivered separately) Next Council Worksession: Wednesday, November 6, 2002 (Special) Next City Council Meeting: Wednesday, November 6, 2002 (Special) Item No: 2 Meeting Date: November 4, 2002 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Discussion Regarding Chapter 514 of the Mounds View Municipal Code pertaining to Therapeutic Massage Date of Report: October 30, 2002 Background: In response to what was then viewed as a deficiency to the City Code, the Council adopted Ordinance 583 on September 23, 1996 putting into place regulations and requirements relating to the licensure and operation of a therapeutic massage business. The City’s attorney, Bob Long of Kennedy & Graven, prepared the ordinance. Discussion: The reason staff is bringing this ordinance back before the Council again six years after its adoption results from a glaring omission in the original document and a problem with a section of the ordinance pertaining to temporary therapeutic massage licenses. The City has received a number of inquiries from residents asking if therapeutic massage could be allowed as a home-based business. Because our zoning code does not prohibit any specific types of uses, any use that is not otherwise regulated could potentially become a home-based business. Staff reviewed Ordinance 583 which was codified as Chapter 514 under Title 500, Business License Regulations to determine what the requirements for such an operation would be. The ONLY stipulation governing the location of such a business appears in Section 514.10, Subd 2, which states the following: Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. Surprisingly, the Zoning Code is silent on such uses. I asked the current City Attorney “why adopt an ordinance that requires zoning code compliance and then not amend the Zoning Code to address the use you’ve just regulated?” Unfortunately there is no answer to adequately explain this rather obvious omission. I will bring this same discussion to the attention of the Planning Commission but wanted feedback and direction from the Council beforehand. The other issue that has come to light in recent days relates to the temporary licensure provisions of 514.15. The intent of this section, as best as anyone can determine, is to allow for therapists to perform massage therapy activity off-site, although that is not articulated in the code. The temporary license requirements are as follows: Massage Therapy Report November 4, 2002 Page 2 514.15: TEMPORARY THERAPIST LICENSE: Subd. 1. The Clerk-Administrator may issue a temporary therapeutic massage therapist license as provided in this subsection. Subd. 2. A temporary massage therapist license may be issued to a person who: a. Is qualified to hold a massage therapist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. The key requirement in this section is Subd. 2a and Subd. 4, which respectively state that the applicant be qualified to hold a license under the requirements of this Section and that all other provisions of this Section shall apply to temporary licenses. To obtain a Massage Therapist License, you need to refer back to Subdivision 2 of Section 514.06, which enumerates many requirements, one of which, Subd h(2) requires the applicant to be affiliated with a licensed therapeutic massage enterprise in the City of Mounds View. Thus, if there are no such licensed facilities in the City of Mounds View, a temporary license is impossible to receive. Recently, however, and the secondary reason why this is being brought to the Council’s attention, a local church held (or wanted to hold) a weekend-long “health fair” similar to what an educational facility or larger employer might sponsor. The church, in addition to demonstrations, seminars and presentation of information, wanted to provide temporary therapeutic massage to the health fair attendees. A reasonable request, we thought. Unfortunately, to perform such a service, as discussed above, the therapist would have to be licensed, and to be licensed the therapist would have to be associated with a Mounds View licensed therapeutic massage enterprise, of which there are none in the City. Thus, they were denied the ability to provide this service. My question for the Council is to ask for a determination whether or not this is the intent, as currently interpreted by this City Council. Recommendation: Staff is looking for direction on the following two issues: 1. In which zoning districts of the City should therapeutic massage businesses be allowed to locate, and should these business be permitted or conditional. On a secondary basis, should therapeutic massage be an allowed home occupation, keeping in mind that no uses are currently prohibited. Massage Therapy Report November 4, 2002 Page 3 2. Should the Code be amended to allow temporary massage therapists to operate within the City without a corresponding massage therapy enterprise. Once staff has received the feedback from the Council, we will present this issue to the Planning Commission for further review and to prepare an ordinance relating to the necessary Zoning Code amendments. _____________________________________ James Ericson Community Development Director 763-717-4021 Attachments: 1. Chapter 514 C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Misc Reports\Massage Therapy - Nov 4, 2002.doc 514.01 514.01 CHAPTER 514 THERAPEUTIC MASSAGE SECTION: 514.01: Findings 514.02: Definitions 514.03: License Required 514.04: Exemptions 514.05: General Rule 514.06: License Application 514.07: Application and Investigation Fees 514.08: Application Verification and Consideration 514.09: Persons Ineligible for License 514.10: Locations Ineligible for Therapeutic Massage Enterprise License 514.11: General License Restrictions 514.12: Restrictions Regarding Sanitation and Health 514.13: License Term: Renewals 514.14: Suspension: Revocation 514.15: Temporary Therapist License 514.16: Hours of Operation 514.17: Violations and Penalties 514.01: FINDINGS. It is found and determined that: a. Persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. Health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. License qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. Massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. Massage Therapy Report November 4, 2002 Page 5 514.02 514.04 514.02: DEFINITIONS: The terms defined in this Section have the meanings given them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69. Subd. 6. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. Subd. 7. "In the City" means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services in the City. 514.03: LICENSE REQUIRED: Subd. 1. Therapeutic Massage Enterprise: It is unlawful to operate, offer, engage in or carry on massage services in the City without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license: It is unlawful to practice, administer or provide massage services in the City without a therapeutic massage therapist license. 514.04: EXEMPTIONS: A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: Massage Therapy Report November 4, 2002 Page 6 514.04 514.06 a. Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b. Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. Persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. Athletic coaches, directors and trainers employed by public or private schools. 514.05: GENERAL RULE: The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the massage services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; Massage Therapy Report November 4, 2002 Page 7 514.06 514.06 (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth and of the applicant and applicant's residence address; (2) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; Massage Therapy Report November 4, 2002 Page 8 514.06 514.06 (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision lb; (4) A list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic massage therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; d. The applicant's residence address for the previous five (5) years; e. The applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; Massage Therapy Report November 4, 2002 Page 9 514.06 514.08 h. Evidence that the applicant: (1) Has current insurance coverage over one million dollars ($1,000,000.00) for professional liability in the practice of massage; (2) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; (3) Has completed four hundred (400) hours of certified therapeutic massage training from a recognized school that has been approved by the Clerk-Administrator; (4) Has one (1) year of experience practicing massage therapy as established by an affidavit and can document within two (2) years of obtaining the license that the person has completed four hundred (400) hours or certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours. i. Other information that the City Council may require. 514.07: APPLICATION AND INVESTIGATION FEES: The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. 514.08: APPLICATION VERIFICATION AND CONSIDERATION: Subd. 1. Therapeutic massage enterprise license: The Clerk-Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the Clerk-- Administrator must make a written recommendation to the City Council as to issuance or non- issuance of the license. The City Council may order additional investigation if it deems it necessary, but must grant or deny the application within one hundred twenty (120) days of receipt by the Clerk-Administrator of the complete application and required fees. Subd. 2. Therapeutic massage therapist license: Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage therapist license, the Clerk-Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be placed on the next available City Council agenda. Massage Therapy Report November 4, 2002 Page 10 514.09 514.10 514.09: PERSONS INELIGIBLE FOR LICENSE: Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to an individual who: a. Is a minor at the time the application is filed; b. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE: Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. Massage Therapy Report November 4, 2002 Page 11 514.11 514.12 514.11: GENERAL LICENSE RESTRICTIONS: Subd. 1. Posting: A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area: A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the Clerk-Administrator. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home. or other site not on the therapeutic massage enterprise premises. Subd. 3. Transfer: The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Coverings: The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with nontransparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd. 5. Prohibited Massage: A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. 514.12: RESTRICTIONS REGARDING SANITATION AND HEALTH: Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Massage Therapy Report November 4, 2002 Page 12 514.12 514.15 Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. 514.15: TEMPORARY THERAPIST LICENSE: Subd. 1. The Clerk-Administrator may issue a temporary therapeutic massage therapist license as provided in this subsection. Subd. 2. A temporary massage therapist license may be issued to a person who: a. Is qualified to hold a massage therapist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. Massage Therapy Report November 4, 2002 Page 13 514.15 514.17 Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. 514.16: HOURS OF OPERATION: A licensed therapeutic massage enterprise may not operate for business between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. 514.17: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. (Ord. 583, 9-23-96) Item No: 4 Meeting Date: November 4, 2002 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Discuss Options for the City-Owned Rental Property at 3016 County Road H2 Date of Report: October 30, 2002 Background: The City purchased this property in June of 2001 with the intent on utilizing the property in coordination with a larger residential redevelopment. Because no plans had been considered at that point, rather than demolish the building we opted to lease the property as a means to recover some of our initial investment. Discussion: As the Council is aware, we have had some problems with late payment of rent and utilities, and the City has also incurred repair bills that are now approaching $1,000. Currently the tenant at the property is $1,059 past due for rent. On October 21, 2002, we received a phone call from the tenant who indicated that she would be vacating the premises at the end of November. The tenant was asked to formally put her intent to vacate in writing so we had documentation of her intent. As of today, we have not received any documentation to this effect. Assuming the tenant does in fact move at the end of November, Staff would like some direction from the Council regarding what to do thereafter. The general options include demolition, let the house sit vacant, sell the home and lot as is, or sell the home on a subdivided lot. I am including a report provided to the EDA on May 28th regarding this parcel. Recommendation: Provide direction to staff regarding the property at 3016 County Road H2. _____________________________________ James Ericson Attachment: 1. May 28, 2002 Report 2. Location Map Item No: 8A Meeting Date: May 28, 2002 Type of Business: EDA Business City of Mounds View Staff Report To: Economic Development Authority Board of Commissioners From: James Ericson, Community Development Director Item Title/Subject: Authorization to Subdivide EDA-Owned Property Located at 3016 County Road H2 Date of Report: May 21, 2002 Background: At the Council worksession on April 1, 2002, Staff made a presentation regarding the two EDA-owned rental properties at 7861 Groveland Road and 3016 County Road H2. Regarding the property on County Road H2, one of the possibilities discussed at the April 1 meeting was to subdivide the 60,000 square foot parcel and sell the home and subdivided lot. The remaining land-locked lot would be held for a future major subdivision. The tenant of the County Road H2 property is one month behind on her rent and has indicated to Staff that she was considering moving to a different location. Whether the tenant moves or not, the property can be surveyed in preparation for the eventual minor subdivision. Discussion: Staff contacted various local land surveyors and civil engineers to inquire as to the approximate cost to prepare the documents for a minor subdivision. Five firms responded to the inquiries, four of which provided estimates ranging between $1,200 and $1,600. Each firm cautioned that the amount quoted was only a preliminary estimate, that field conditions and other unknown variables might increase the cost of the survey. I asked the firm responding with the lowest estimate to provide Staff with an example of their work for comparative purposes, which they have done. Recommendation: Staff recommends that the EDA authorize by resolution the expenditure of EDA funds not to exceed $2,000 to arrange for the minor subdivision of 3016 County Road H2. _____________________________________ James Ericson Community Development Director 763-717-4021 Attachment: 1. 02-EDA-164 Location Map 3016 County Road H2 Probable Lot Split Line