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HomeMy WebLinkAbout08-08-2007 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA August 8, 2007 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. July 11, 2007 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already Present on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases None 6. Other Planning Activity A. Resolution 872-07, Amendment Relating to Licensed Therapeutic Massage Businesses B. Premium Stop Redevelopment Area Plan (Oral Report) C. Comp Plan 2008 Update 7. Next Planning Commission Meetings: A. August 22, 2007 B. September 5, 2007 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. July 25, 2007 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 25, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order Chair Stevenson called the meeting to order at 7:00 p.m. July 25, 2007. 2. Roll Call Members Present: Chair Stevenson, Commissioners Cramblit, Gunn, Lang, Meehlhause, Miller, and Walsh-Kaczmarek Absent and Excused: None Also Present: Community Development Director Ericson and Planning Associate Heller Index to Minutes Page Planning Case CU2007-00 and VR2007-001; Consideration of a Conditional Use 2 Permit for an Oversized Garage and a Variance for Garage Width to Exceed 35 Feet. Planning Case MA2007-00; Review Preliminary Plat for 8184 Eastwood and 5 8211 Red Oak Drive Discussion of Allowable Zoning District Locations for Massage Therapy 7 Comprehensive Plan 2008 Update 9 3. Approve Minutes A. June 6, 2007 MOTION/SECOND: Commissioner Gunn/Commissioner Miller to approve the June 6, 2007 meeting minutes of the regular Planning Commission meeting presented. Ayes – 7 Nays – 0 Motion carried. DRAFT Mounds View Planning Commission July 25, 2007 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None 5. Planning Cases A. Planning Case CU2007-004 and VR2007-001; Consideration of a Conditional Use Permit for an Oversized Garage and a Variance for Garage Width to Exceed 35 Feet. Planning Associate Heller summarized the application requesting a conditional use permit for an oversized garage and a variance for the garage width to exceed 35 feet. She reported the applicants would like to add a 22’x24’ addition to the east side of the existing garage. She stated the current garage is 32 feet wide, 24 feet deep, totaling 768 square feet. She indicated that with the new addition the garage would be 54 feet wide and 24 feet deep with a total square footage of 1,296. Planning Associate Heller pointed out the plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. She explained that accessory buildings, attached or detached, are limited to 952 square feet; therefore, anything beyond 952 square feet must go through the conditional use permit application process. She stated oversize garages are limited to 35 feet wide, and anything beyond that width must go through the variance process. Planning Associate Heller stated the Comprehensive Plan designates this property as low-density residential. She reported all setback requirements would be satisfied with this request. Planning Associate Heller explained the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Planning Associate Heller explained the garage would be expanded so the applicant could store their vehicles indoors. She stated this would be a benefit to the neighborhood and in keeping with the comprehensive plan to improve the quality, appearance, and attractiveness of housing units and residential property in general. Planning Associate Heller stated the home is located on the north end of Sunnyside Road, setback further than the neighboring homes, and on a wooded lot. She indicated that during the summer months, the house and garage are not visible from the street and during the winter, only the east end of the garage might be slightly visible through the trees. She stated the proposed oversized garage would not be noticeable or out of place in the neighborhood, nor should it affect any neighboring properties. Planning Associate Heller stated the proposed garage would benefit the applicant’s property providing additional on site, indoor parking and storage, and by increasing the property value. Mounds View Planning Commission July 25, 2007 Regular Meeting Page 3 ________________________________________________________________________ She indicated the applicants own recreational vehicles along as well as a few regular vehicles, and they would like to store the vehicles indoors and out of sight Planning Associate Heller stated Sunnyside Road is entirely single family residential. She indicated the homes in this area are a variety of styles and ages and most have large lots. She stated the proposed garage would not be out of character in this area since the garage is placed sideways on the lot and the extra width would not be seen from the street. She mentioned this property is about 256 feet deep, so the new garage should not affect any neighbors. She stated the expanded garage would not change the current front look of the house. Planning Associate Heller reported that a variance is also required for this request because the garage would exceed 35 feet in width. She explained that if the area of the garage were 952 square feet or less, there would be no limit on the width. She explained that for a variance to be considered for approval, the applicant must demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Planning Associate Heller reported exceptional or extraordinary circumstances did apply to the property located on Sunnyside Road as it was one of the first homes built in the area in 1938. She stated the garage was built well before the applicants bought the property in 1996, and was placed near the south property line facing sideways, rather than facing the street like most other garages in the city. Planning Associate Heller reported the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that most garages are not set on the lot sideways, which allows property owners to expand their garages to the rear and not exceed the 35 foot width limit. She stated that due to the garage sitting sideways and being located approximately 14 feet from the side property line, the applicants have limited options. Planning Associate Heller reported the special conditions or circumstances did not result from the actions of the applicant in that Mr. Clemons and Ms. O’Donovan had no control over the placement of the garage on the lot. Planning Associate Heller reported that granting the variance would not confer on the applicant any special privilege because most property owners are not limited in such a way in order to expand their garages. Planning Associate Heller stated the requested 19-foot variance is the minimum amount necessary to alleviate the applicant’s hardship. She stated economic conditions did not enter into the need for a variance in this case. Planning Associate Heller reported the variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. She stated the spirit and intent of the Code would be preserved. Mounds View Planning Commission July 25, 2007 Regular Meeting Page 4 ________________________________________________________________________ Planning Associate Heller stated the proposed garage should not have any impact on the supply of light or air to adjacent properties, nor should it impact congestion of streets. She indicated the proposed addition would not increase the danger of fire, endanger the public safety or decrease property values in the neighborhood. Planning Associate Heller reported Staff received one letter of support from the neighbor to the north. She stated staff received a phone call from another neighbor indicating she had no problem with the garage expansion and is thankful for how well they take care of the property. She did ask if a pine tree would be removed, and commented on the propane tank possibly being moved. Commissioner Walsh-Kaczmarek asked where the driveway came onto the property and if the driveway was paved. Planning Associate Heller replied the driveway enters from the north and the entire drive is paved except for a small area in front of the garage. Commissioner Walsh-Kaczmarek asked the location of the propane tank. Planning Associate Heller replied it is next to the garage and in view of the neighbor. She stated the propane tank could possibly be moved, or the applicant had indicated that another section of privacy fencing could be put up. Chair Stevenson stated the location of the current garage alleviated his concerns about approving this application. He did not see any potential commercial use of this garage as an issue. He stated the expansion made sense to him. Commissioner Miller stated she looked at the property and had no problem approving this request. MOTION/SECOND: Commissioner Meehlhause/Commissioner Lang to approve Resolution No. 870-07, a resolution recommending approval for a Conditional Use Permit to allow for a 1,296 square foot Garage and approving a Variance for a 54-foot wide garage at 8290 Sunnyside Road; Planning Case Nos. CU2007-004 and V2007-001. Commissioner Miller made minor grammatical corrections to the resolution. She commented she was glad to see the resolution included a statement disallowing the use for commercial purposes, living spaces, or other uses restricted by the code. Ayes – 7 Nays – 0 Motion carried. B. Planning Case MA2007-002; Review Preliminary Plat for 8184 Eastwood and 8211 Red Oak Drive Community Development Director Ericson summarized the request by Abiding Savior Lutheran Church, the owner of 8184 Eastwood Road, a 50,965 square foot residential parcel improved Mounds View Planning Commission July 25, 2007 Regular Meeting Page 5 ________________________________________________________________________ Mr. Randy Heltzer, 8180 Eastwood, expressed concerns over the utilities. He asked the Commission to follow the utility codes and require the utility work be completed now rather than when the Church decides to turn the property into a housing development. with a one-story home and attached single-stall garage. He stated the parcel is adjacent to the Church’s 6.31-acre tract of land addressed at 8211 Red Oak Drive. Director Ericson reported the Church submitted a major subdivision application to split the home and 16,025 square feet from the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. He explained that because of the proposed subdivision, the total acreage of the Red Oak Drive parcel would increase from 6.31 acres to 7.12 acres. Director Ericson reminded the Commission that in December 2006, the Church requested approval of a minor subdivision of the property located at 8184 Eastwood Road. He reported the City Council ultimately denied the request finding the proposal could not be considered as a minor subdivision due to the acreage involved. He reported the Council’s resolution of denial was approved on February 12, 2007. Director Ericson displayed the plat and pointed out the proposed subdivision of 8184 Eastwood Road. He reported the Church has submitted the necessary title commitment, which has been forwarded to the City Attorney for review. He stated the Church had previously expressed a desire to develop a senior residential facility on the property; however, the requested subdivision does nothing to further this goal. He explained that plat approval would allow the church to sell off the residential parcel. Director Ericson explained the subdivision requirements, possible park dedication fees, easements, utilities, public notice, and the deadline for action of this request. Director Ericson stated staff recommends the Planning Commission favorably consider a recommendation for approval for City Council consideration. Commissioner Miller pointed out minor grammatical corrections to the resolution. Chair Stevenson clarified that the Planning Commission is basically approving an address change. Commissioner Walsh-Kaczmarek asked how deep lot two would become. Director Ericson replied 177 feet. Commissioner Walsh-Kaczmarek questioned to whom the fence belonged. Director Ericson referred to the plat and pointed out the lot lines. He indicated the fence would become part of the Church property after the subdivision. Chair Stevenson invited the public to speak on this request. Mounds View Planning Commission July 25, 2007 Regular Meeting Page 6 ________________________________________________________________________ uilt, this did not happen. He stated he assumed Xcel would place utilities underground if development occurred. He stated the church had no plans to cut down the utility pole or restrict electricity. s at d look at fees om the Council to discuss this fee. playground or to place a picnic table. He stated this allows the Church to parcel off nt Mr. Gary Cox , 2650 County Road H2 and representing Abiding Savior Church, replied the utilities were supposed to be on the lot line; however, when the house was b Director Ericson drew the location of the overhead power lines on the plat. He stated Xcel currently has an easement for the power lines. He stated there is no need to make any change this point. r. Heltzer asked if his power would be disrupted once development did come in. M Director Ericson replied Xcel is required by law to relocate the lines. He stated there would be no disruption of services. He stated the cost would be the responsibility of the developer. Chair Stevenson began the discussion of park dedication fees, stating the City shoul f ten percent of 35,000 square feet. o Commissioner Miller commented this subdivision would have no impact on the park system; erefore, she could see no reason to collect park dedication fees. th Director Ericson stated the Planning Commission does not take action on park dedication fees; owever, there was a directive later frh Commissioner Meehlhause asked if the park dedication would be a one-time fee, or would the hurch have to pay them again if a new development happened. c Director Ericson replied that if a re-subdivision occurred, previous fees would be taken into ccount. a Commissioner Walsh-Kaczmarek commented if it this is not an incremental step towards the ousing project, why is it being done. h Director Ericson commented the Church intends to use the 35,000 square feet whether it be green ace or a sp the house and 16,000 square feet in order to sell it. Commissioner Walsh-Kaczmarek commented the goal of the City is to encourage improveme housing properties. in Commissioner Gunn stated this is no different from any other property owner with a large lot wanting to subdivide. Director Ericson stated the land value becomes attached to the Red Oak property. Commissioner Walsh-Kaczmarek stated that from a tax perspective, the City loses that tax. Mounds View Planning Commission July 25, 2007 Regular Meeting Page 7 ________________________________________________________________________ irector Ericson replied that is true, the Church is a non-taxable entity. He stated that given the had sell property during hard times in the 1970’s. He stated this is an opportunity to buy back some property. d any building or improvement to the lot would be assessed in the future if e to do the park stated park dedication fees are triggered by a subdivision. He stated if there ND: Commissioner Miller/Commissioner Cramblit, to approve Resolution No. D lot could not be built upon it would be taxed accordingly. Mr. Pete Sargent, 2268 Knoll Drive and also representing the church, mentioned the Church to Commissioner Gunn stated her issue with the park dedication fee is that nothing is being built on the lot; the church is simply dividing the property. Chair Stevenson stated park dedication fees are placed on commercial or residential development. r. Sargent stateM development occurs. He asked that park dedication fees be imposed at that time rather than now. hair Stevenson asked if development happened, would that be the proper timC dedication fee. irector EricsonD were a re-subdivision in the future, a fee would be attached at that time. he Planning Commission reached consensus to recommend that a park dedication fee not be T imposed. OTION/SECOM 871-07; a Resolution recommending approval of the Preliminary Plat for the Abiding Savior Major Subdivision; Mounds View Planning Case No. MA07-002. Ayes – 7 Nays – 0 Motion carried. Director Ericson indicated this item would be presented at the August 13, 2007 City Council eeting. M 6. Other Planning Activity Community Development Director Ericson summarized the history of zoning for massage therapy. He stated the reason staff is once again raising this issue for discussion is to resolve the mission made when the ordinance was first adopted to establish appropriate zoning districts h licensed massage therapy businesses might operate. He explained that over the years, the City has received many inquiries from individuals interested in opening a massage therapy business and from residents asking about massage therapy as a home occupation. A. Discussion of Allowable Zoning District Locations for Massage Therapy o within whic Mounds View Planning Commission July 25, 2007 Regular Meeting Page 8 ________________________________________________________________________ assage therapy could be treated relative to the zoning code. He stated it could be allowed with a conditional use permit, but given that similar type uses are already permit tor), aff feels Therapeutic Massage would be an appropriate use therein. He stated since there are ty” or Medical and Dental Clinic,” both of which are permitted uses in the B2 district.) Code ommendation would be forwarded to the City Council for rdinance approval. led in surrounding communities. ained a conditional use permits does not expire; however, it could be viewed yearly. He stated a conditional use permit goes with the property and not the user. hair Stevenson asked if the CUP designates where the massage therapy could be located. proval. tic business. ey must be certified and licensed and should be treated accordingly. e irector Ericson stated no zoning district exists where it is permitted, which is the catch 22 Director Ericson described how m ted in the B2 zoning district (Health and Beauty, Medical, Dental, Chiroprac st extensive licensing provisions already in place in Chapter 514, requiring a conditional use permit (CUP) is probably unnecessary. Director Ericson informed the Commission it had two choices. He stated the Planning Commission could make an interpretation of the Zoning Code and decide that therapeutic massage would fall under the heading of another listed use (such as “Health and Beau “ interpretations are permanently kept on file and are often incorporated into subsequent Code updates. He stated the Planning Commission could instead determine that the therapeutic massage business is sufficiently dissimilar from other listed uses and recommend a Code Amendment to add the use to an appropriate zoning district. Director Ericson stated the rec o Commissioner Miller commented it could be interpreted as a home business. Director Ericson replied it would not be a permitted use in a residential district. Chair Stevenson asked how other communities handled therapeutic massage. Director Ericson explained how therapeutic massage was hand Commissioner Miller asked if a conditional use permit expired yearly. Director Ericson expl re C Director Ericson stated a CUP includes specific conditions that must be met for ap Commissioner Meehlhause stated therapeutic massage is similar to a chiroprac Commissioner Gunn commented therapeutic massage is an acceptable occupation. She stated th Director Ericson recommended that the right way to correct this would be to add it into to th City Code with an ordinance. Commissioner Miller pointed out that therapeutic massage is mentioned in Chapter 514. D situation that exists. Mounds View Planning Commission July 25, 2007 Regular Meeting Page 9 ________________________________________________________________________ The Planning Commission directed staff to draft an ordinance for consideration at the next Planning Commission meeting. . B. Comprehensive Plan Update ensive p y e year, and the next meeting was scheduled for August 29, 2007. Planning Associate Heller informed the Commission that the first meeting of the Compreh Plan Task Force was held on July 18, 2007. She stated the task force reviewed the existing com plan and what their goals were. She stated the task force would meet monthly on Wednesda evenings for about on Next Planning Commiss7.ion Meetings: A. August 8, 2007 B. August 22, 2007 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned t eeting at 8:28 p.m. he espectfully submitted, Jim Eri Commu y D r ranscribed by: m R cson nit evelopment Directo T Dianna Wise M E M O to:Mounds View Planning Commission Heidi Heller, Planning Associate from: FYI - Potential Disc Golf Course at Greenfield Park re: August 1, 2007 date: The Parks, Recreation & Forestry Commission has been looking into the possibility of constructing a disc golf course at Greenfield Park. I have included a letter that went to the park neighbors about the project, and it mentions that the Commission was going to talk more about this at their July 26th meeting. I spoke to Steve Dazenski, Park Supervisor today about the outcome of this meeting. The Parks Commission walked the park and decided to have Steve move forward with looking into the feasibility and costs of building a course. There will be some neighborhood meetings held before anything is decided, and the City Council would need to approve the project. Feel free to call or email Steve Dazenski, Parks Supervisor, if you have any questions. 763-717-4066 or steve.dazenski@ci.mounds-view.mn.us Item No: 6A Meeting Date: August 8, 2007 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Jim Ericson, Community Development Director Item Title/Subject: Review Potential Zoning Districts Therapeutic Massage Use 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 therapeutic massage businesses. Six years later, staff reviewed the issue of appropriate zoning locations with the City Council on November 4, 2002, after realizing that the enabling ordinance did not identify zoning districts within which such a business could be operated, or if the use would be permitted or require a conditional use. Because this was discussed at a worksession, there are no minutes to refer back to. While it was clear the issue needed to be resolved, no action was taken at that time. Discussion: Over the years, the City has received inquiries from individuals interested in opening a massage therapy business and from residents asking about massage therapy as a home occupation. It is however only recently that someone has decided to pursue such an enterprise and submit an application to the administration department. The leasing agent for Silver View Plaza contacted staff about a new massage therapy business that would like to locate in the mall and asked whether such a use would be permitted. The ONLY stipulation governing the location of such a business appears in the Massage Therapy City Code 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. As discussed at the Commission’s July 25, 2007 meeting, the Zoning Code is silent on such uses. The Commission felt that given the detailed and extensive licensing requirements already in place in Chapter 514 of the City Code, a conditional use permit would probably not be necessary, and the Commission further suggested that such a use, being sufficiently similar to a Chiropractor office or other health and beauty clinic, would be appropriate in commercial districts beginning with the B-2, Limited Business District (Silverview Plaza is zoned B-2.) Massage Therapy Report Aug 8, 2007 Page 2 Recommendation: Based on the discussion and the direction provided to staff on July 25th, staff has prepared Resolution 872-07 which recommends to the City Council adoption of an ordinance to allow Licensed Therapeutic Massage as a permitted use in the B-2 Limited Business Zoning District. _____________________________________ James Ericson Community Development Director Attachments: 1. Chapter 514 2. Resolution 872-07 514.01 514.01 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. 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: 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; 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; 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; 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. 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. 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. 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. 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) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 872-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE RELATING TO THERAPEUTIC MASSAGE BUSINESSES WHEREAS, City staff, working in conjunction with the Administration Department, has identified an omission within the Zoning Code relating to “Licensed Therapeutic Massage” businesses; and, WHEREAS, Chapter 514 of the City Code establishes detailed and stringent licensing provisions for Therapeutic Massage businesses and the massage therapists employed by such businesses; and, WHEREAS, the Zoning Code does not presently identify a suitable zoning district within which such a business may be located; and, WHEREAS, the Planning Commission reviewed this issue at their meeting on July 25, 2007, formulating direction to staff to prepare a code amendment to permit such licensed businesses beginning in the B-2, Limited Business Commercial zoning district. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code, B-2, Limited Business Zoning regulations, to identify “Licensed Therapeutic Massage” businesses as a permitted use. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 8th day of August, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) Item No: 6C Meeting Date: August 8, 2007 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Comp Plan 2008 Update The Comp Plan Task Force will begin looking at the Comp Plan chapter by chapter. The task force was created to act as a sounding board and offer comments and reactions to the current comp plan and the proposed changes from staff and the Planning Commission. The August 29th meeting will focus on Chapters 1 and 2, Introduction and Community Background. These meetings are televised on channel 16 and anyone is always welcome to attend the meetings. Questions to think about as we start working on the comprehensive plan update: 1. When you think of the City of Mounds View, what do you believe are its greatest strengths? These are assets or characteristics that should be maintained or enhanced as the community plans for the future. 2. What characteristics or aspects of the City do you believe to be weaknesses? These are things about the city that you think should be corrected, improved or eliminated. 3. What do you see as opportunities available to Mounds View in the future? 4. What do you perceive as threats to a successful future for the City of Mounds View? Comp Plan Task Force Meeting dates: August 29 September 12 - speaker: Active Living Ramsey County program coordinator October 10 - speaker: Rice Creek Watershed District November 14 December 12 Sincerely, Heidi Heller Planning Associate