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HomeMy WebLinkAbout11/19/1991URBAN AFFAIRS ADVISORY COMMITTEE MINUTES CITY OF APPLE VALLEY November 19, 1991 1. CALL TO ORDER The November 19, 1991 meeting of the Apple Valley Urban Affairs Advisory Committee was called to order at 7:Og p.m. Members Present: Chairman John McKay, Members Sharon Schwartz, Robin Curran, Pam Sohlberg, and Councilman Bob Erickson. Members Absent: JoAnne Ellison, Shirley Doering, and Van Holston. Staff Present: Mary Mueller, Terry Cook, and Scott Hickok. Others Presents None. 2. APPROVAL OF THE AGENDA The agenda was approved as submitted. 3. APPROVAL OF THE MINUTES OF SEPTEMBER 24, 1991 The minutes were approved with modifications as suggested by Sharon Schwartz. She added to the statement on page 4 of the minutes, second paragraph, "Member Schwartz asked a question about the garment and Section 12-26." Schwartz stated that her concern was that we state the breasts be covered during the massage: Schwartz also recalled that we omitted Items D, E, G, I, and J. On page 2, fourth paragraph, the last sentence states, "If you purchase a cemetery plot, you bcome a member of the association and have an active voice in issues within the cemetery." This sentence should read, "The association consists of living cemetery plot owners." With these changes, the minutes were approved. 4. DISCUSSION ITEMS A. Therapeutic Massage/Sauna Ordinance Mary Mueller explained the modifications that had been made to the Massage Therapy Ordinance since our last meeting. Mueller explained the comments from the attorney's office. Sharon Hills reviewed the massage establishments/therapists licensing ordinance and suggested that in areas where the terms "massage parlor" and "massage therapy establishment" are used interchange- ably that we eliminate the use of "massage parlor" and refer to the establishments as "massage therapy establishments." Sharon Hill's memo went on to say that the code should provide that only Urban Affairs Advisory Committee Minutes November 19, 1991 Page 2 the owner of the establishment may apply for the establishment license. This will allow the City to investigate the owner of the establishment as opposed to merely an agent of that establishment. Section 12-24(a) refers to the police investigations. Mueller explained that the code should reflect that both the licensee and the therapist are to be investigated if that is the intent of the committee. Section 12-25(f) provides that no controlled substances be permitted on a licensed massage therapy establishment premises. Mueller raised that question, should the provision also forbid alcoh- olic beverage, explaining that occasionally establishments may want to have an open house or an event where wine or champagne is served, and asked the question whether or not this should be permitted. Sharon Schwartz. stated that she agrees with Item 2, which makes the owner responsible for the establishment. Schwartz also asked if there is anything else we can do to ensure that the owner of the property is the contact that we have listed. Mary Mueller and Terry Cook stated that it is very difficult to prove the actual ownership of an establishment. Robin Curran. asked if it would be necessary to mention alcohol for grand openings. Curran also asked about Item 12-26(d) on page 8 of the ordinance. It appears that breasts were omitted from the language which states that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non:-transparent covering. A general discuss- ion ensued: Mary Mueller explained that Item A clarifies and explains that it shall be unlawful for any person in a massage establishment to place such persons hand upon or touch with any persons body or to fondle in any manner or to massage a portion of the female breast, etc. John MclCay asked what happened to the discussion of the therapist wearing gloves. Mary explained that rather than requiring gloves, the code is written to require that no person while afflicted with any disease or in a communicable form, or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or any acute respiratory infection may work in or use the services of any licensed premises. No persons known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. Councilman Erickson stated that both the therapist and the patron have the option of saying no, if they feel there is a danger of contacting disease due to sores, boils, etc. A general discussion ensued regarding the aids disease. Chairman McKay asked how the enforcement will work regarding health and communicable diseases. Mary responded that this will handled on a complaint basis. Chairman McKay asked if we could require a bond. Mary explained how bonds work and what we do require bonds for. This however, would not be a use or activity in which we would bond. John McKay summarized by stating we would keep these establishments legitimate by: 1) having fees that are high enough. 2) through the inspections initiated. Urban Affairs Advisory Committee Minutes November 19, 1991 Page 3 A further discussion ensued regarding the definition of communicable diseases and the Urban Affairs Committee asked that Staff review this and check with the State Health Department and other sources to arrive at a definition that would protect us under this ordinance. A general discussion ensued regarding the use of gloves by the medical and dental professions, police departments and other activities where human skin to skin contact is common. Terry Cook explained the exposure reduction packs that have been placed in every squad car to reduce the potential for exposure to disease. Mary Mueller explained the therapist requirements as outlined in the amended language of the ordinance. Mueller stated that the therapist must post her/her license and this should be added to the language of the text. Sharon Schwartz asked a question regarding the covering of breasts during massage. Mary referred to page. 7, paragraph 7 of the amended text. Councilman Erickson asked if we have had this ordinance reviewed by a person who is in the profession of massage therapy. Pam Sohlberg stated that she knows a massage therapist and would ask that person to review our ordinance. Mary Mueller commented on the number of licenses section. in the amended text. Robin asked if the. fees listed in this amended version of text are correct. Mary explained. John McKay stated that based on the fees listed, a person could begin a legitimate massage therapy business for an investment of $800.00. Robin Curran asked for more specifics about the investigation process and Captain Terry Cook explained how the police investigation will be handled for this ordinance. 5. OTHER STUDY OR CODE ISSUES A. Painting House Numbers on Curbs and Uniform House Numbering Scott Hickok briefly explained the issues, stating that the police and fire departments would support and promote the uniform placement of house numbers on homes so that they can be easily read from the street. Hickok continued by stating that through the. course of the last few years, an organization has. painted addresses on curbs in Apple Valley. Hickok explained that this item is on the agenda for discussion only, and asked for the Committee's thoughts on uniform house numbering and painting of addresses on curbs in the community. Bob Erickson commented that the addresses on the curb are difficult to read through many seasons of the year. Sharon Schwartz stated that the house numbers are difficult to read in many situations. Terry Cook explained that Minneapolis has an ordinance that requires house numbers on both the front and rear of a property which would allow emergency vehicles to find an address from either direction. Urban Affairs Advisory Committee Minutes November 19, 1991 Page 4 Mary Mueller explained that there is anon-profit transient merchant license issued annually for an organization that paints homeowner's addresses on the curb for a fee. A general discussion ensued regarding house numbering and painting on curbs. Pam Sohlberg asked what works well and what does the Staff recommend for house numbers. Terry Cook stated that a 6-inch well lit number of a contrasting color or material would be preferred. Chairman John McKay asked that we bring the Minneapolis ordinance to our next meeting for review. B. Special Use/Peddler's License Standards Scott Hickok explained the difference between the special use requests and the peddler's license standards within Apple Valley. Hickok explained current special use standards, is a very broad statement which would allow most any use as long as it is reviewed by the Council. Councilman Erickson added that it is very difficult from the Council's perspective to review and deny a request once it has been made and has gone through the formal process. Without standards, Erickson stated that the potential for undesirable uses in a community is great. Erickson also explained that the people coming in and making an application should have guidelines. The $100.00 fee is anon-refundable fee, yet the Council can deny a request if the use is undesirable. Standards would allow us to set certain criteria and review each application to see that the. criteria has been met. Mary Mueller mentioned the "Bob's Plants To Go" as an example of a special use permit that appears annually. Sharon Schwartz asked if businesses have complained about the limit of two times per year for sidewalk sales and outdoor sales events. Schwartz also wondered whether or not the mobile home special use permit possibility is still valid. Mary Mueller explained how the mobile home special use permits are utilized. A general discussion ensued regarding the special use peddler's license standards. Scott Hickok stated that he would. do further research on this topic, and bring back a draft ordinance at the January meeting. Sharon Schwartz asked for an update on the cemetery research and an update on the recycling as well. A general recycling discussion ensued. Chairman McKay asked for an update on the recycling program at the January meeting. Councilman Erickson suggested a quarter page in the quarterly newsletter which would give citizens direction as to who accepts used motor oil, for example, or to take batteries and how to discard other recyclable items that cannot be deposited in the general waste stream. Urban Affairs Advisory Committee Meeting November 19, 1991 Page 5 6. ADJOURNMENT The meeting adjourned at 8:40 p.m. The next Urban Affairs Advisory Committee Meeting was scheduled for January 21, 1992.