MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, … 09-2… · 3. Presentation of Victory Auto Service and Glass, ... Mark Jenkins, term expires 9/30/19 Jennifer Lewis, term expires

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MINUTES MAPLEWOOD CITY COUNCIL

7:00 P.M. Monday, September 26, 2016 City Hall, Council Chambers

Meeting No. 18-16

A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:07 p.m. by Mayor Slawik. Mayor Slawik reported that Carver Elementary School won a $50,000 award from the Minnesota Business Partnership (CEO’s of Minnesota largest businesses), Councilmember Abrams gave additional information about the award.

B. PLEDGE OF ALLEGIANCE Isabel Shreier from Cretin-Derham Hall led the council in the pledge of allegiance.

C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present-left at 9:16 p.m. Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present

D. APPROVAL OF AGENDA Councilmember Xiong moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed.

E. APPROVAL OF MINUTES 1. Approval of September 12, 2016 City Council Meeting Minutes

Councilmember Abrams moved to approve the September 12, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Smith Ayes – All The motion passed.

F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations

a. Council Calendar Update

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City Manager Coleman gave the update to the council calendar. Citizen Services Director/City Clerk Haag reported on absentee voting for the 2016 General Election in November. 2. Council Presentations None 3. Presentation of Victory Auto Service and Glass, Awarded 2016 International

Torch Award for Ethics from the Better Business Bureau Councilmember Abrams invited representatives from Victory Auto Service and Glass to address the council and then read the 2016 International Torch Award for Ethics from the Better Business Bureau that was awarded to them and provided further information about Victory Auto Service and Glass. 4. Approval of Resolution of Appreciation for Nick Carver, Building Official, for

29 Years of Service with the City of Maplewood Mayor Slawik thanked Nick Carver for his years of service to the City of Maplewood. City Manager Coleman provided additional information about Nick’s years of service with the city. Councilmember Juenemann said a few words about Nick Carver then read the Resolution of Appreciation. Nick Carver addressed the council and expressed appreciation for the staff that he has worked with over the years in the Environmental & Economic Development Department and thanked the senior staff and council for their support. Councilmember Juenemann moved to approve the Resolution of Appreciation for Nick Carver, Building Official, for 29 Years of Service with the City of Maplewood.

Resolution 16-09-1380 Resolution of Appreciation

WHEREAS, Nick Carver was hired as a building inspector for the City of

Maplewood, beginning his employment on February 23, 1987; and

WHEREAS, Mr. Carver has most recently served as the city’s Building Official and as the Interim Director of the Environmental and Economic Development Department; and

WHEREAS, Mr. Carver has served the City of Maplewood faithfully in the building department for more than 29 years; and

WHEREAS, the city has appreciated his level-headed approach in dealing with contractors, homeowners and business owners so all were held accountable for the building codes to ensure safety, integrity and proper practices in construction projects; and

WHEREAS, Mr. Carver has given of his knowledge, skills, wit, and abilities during his service with the city; and

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WHEREAS, Mr. Carver has shown dedication to his duties and has consistently

contributed his leadership and efforts for the benefit of the city.

NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Nick Carver, Building Official, is hereby extended our gratitude and appreciation for his 29 years of dedicated service. Seconded by Councilmember Smith Ayes – All The motion passed. 5. Approval of Resolution for Commissioner Reappointments City Manager Coleman gave the staff report. Councilmember Abrams moved to approve the resolution for reappointments.

Resolution 16-09-1381

BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commissions: Environmental & Natural Resources Commission Mary Henderson, term expires 9/30/19 Ann Palzer, term expires 9/30/19 Housing and Economic Development Commission Mark Jenkins, term expires 9/30/19 Jennifer Lewis, term expires 9/30/19 Joy Tkachuck, term expires 9/30/19 Seconded by Councilmember Juenemann Ayes – All The motion passed.

G. CONSENT AGENDA Councilmember Abrams moved to approve agenda items G1-G7. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims

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Councilmember Abrams moved to approve the approval of claims.

ACCOUNTS PAYABLE:

$ 96,841.82 Checks # 97931 thru #97966

dated 09/08/16 thru 09/13/16

$ 301,757.97 Disbursements via debits to checking account

dated 09/06/16 thru 09/09/16

$ 257,653.24 Checks #97967 thru #98017

dated 09/20/16

$ 602,919.55 Disbursements via debits to checking account

dated 09/12/16 thru 09/16/16

$ 1,259,172.58 Total Accounts Payable

PAYROLL

$ 550,066.60 Payroll Checks and Direct Deposits dated 09/09/16

$ 1,411.53 Payroll Deduction check # 99102324 thru # 99102326 dated 09/09/16

$ 551,478.13 Total Payroll

$ 1,810,650.71 GRAND TOTAL

Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Resolution Appointing Election Judges for the November 8, 2016

State General Election Councilmember Abrams moved to approve the resolution certifying election judges for the November 8, 2016 State General Election.

Resolution 16-09-1382 Appointing Election Judges for the

State General Election

WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the City Council at least 25 days before the election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the following individuals are appointed as election judges for the City of Maplewood for the State General Election on November 8, 2016: Meridith Aikens Jim Allen Theodore Anderson

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September 26, 2016 5 City Council Meeting Minutes

Nancy Anderson Ahsan Ansari Ajla Arnold Paul Babin Bernadette Barbon Rosemary Bartley David Bedor Barbara Beecher Jan Behr Jaime Belland Al Bierbaum Sharon Bierwerth Diane Bjorklund Donita Bolden Marietta Bongiovance Michele Booher Richard Brandon Ginny Brandon Denise Bricher Kathy Bronner Eugene Bunkowske Bernice Bunkowske Fannie Carson Justin Carson Helen Carson Rita Casura Andre Chouravong Ann Cleland Edward Combe Thomas Connelly Colleen Connolly Lauren Cox Victoria Cramer Bonnie Dahl Pauline Danielson Nancy DeBernardi Phil DeZelar Charlene Dickerson Helen Jean Dickson Albin Dittli Jeanne Doroff Diane Droeger Larry Dumke Gloria Dunshee Carolyn Eickhoff Ann Fallon Jan Falteisek Nick Franzen Mary Jo Freer Robert Freid

Mary Katherine Fuller Barbara Funk Terrence Garvey Bobbi Gilpin Smith Diane Golaski Anne Gravelle Barb Gravink David Grefe Jamie Gudknecht Dianne Gustafson Ernie Haag Phyllis Haag Michael Hafner Joann Hagemo Vonna Hahn Sandra Hahn Lisa Hansford Joan Hanson Mary Harder Robert Hart Barbara Hart Jean Heininger Darlene Herber Gary Hinnenkamp Mary Holmes Janice Hoppe Jeanette Hulet Raymond Huth Patricia Huth Carol Ingersoll Carol Jagoe David Jahn Gwendolyn Jefferson Robert Jensen Judith Johannessen Robert Johnson Cheryle Johnson Warren Johnson Howard Johnston Shirley Jones Myrna Kane Annette Kane Judy Kipka Carol Knauss Lois Knutson Pete Koegel Carol Koskinen Patricia Krageland Dennis Kramer John Krebsbach Jason Kreger

Elaine Kruse Jackie Kwapick Tom Labarre Annette LaCasse Barbara Larson Tom Layer Mary Ann Leo Claudette Leonard James Leonard Sandy Lewis Darla Lindelien Greg Lindholm Marianne Liptak Darlene Loipersbeck Jules Loipersbeck Jeri Mahre John Manthey Thomas Maskrey Christina Mastro John McCann Judy McCauley Joan McDonough Barb Miller Patricia Mohwinkel Marlene Moreno Julia Nentwig Mary Newcomb Miranda Nichols Mary Nierling Ann Norberg Debbie Norring Cynthia OBrien D. William (Bill) O'Brien Anita Olson Dian Parent Susan Parnell John Parnell Marilyn Peper Devrie Perzichilli Joan Peterson Kathleen Peterson Linda Peterson Carolyn Plank Orlin Plath Joseph Plumbo Roger Posch Dan Prokosch Pamela Prokosch Shelly Putz Steve Putz

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Andrew Reichow Roy Reichow JoAnne Reinke Rita Renslow Vincent Rodriguez Teresa Rossbach Beryl Rourke Bob Rozmarynowski Crystal Rygg Warren Sands Kathleen Sauer Cynthia Schluender William Schmidt James Seitz Deborah Seyer Mary Singer Delaney Skaar

Susan Skaar Margaret Smith Duane Smith Kathy Sorenson Faith Sorenson Bob Spangler Edna Spangler Florence Sprague Tim Stafki Judith Steenberg Richard Steenberg Mary Storm Mary Strandness Chris Swanson Kim Swift Lori Taylor John Thom

Carol Thomalla Jodi Tripp Dale Trippler Jo Trippler Micki Tschida Carolyn Urbanski Holly Urbanski Karen Valento Mary Vanek Gayle Wasmundt Cindy Yorkovich Judy Zielinski Leroy Zipko Florentine Zipko

Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of Resolution Accepting 2017 Minnesota State Arts Board Learning

Grant Councilmember Abrams moved to approve the Resolution of Acceptance of 2017 Minnesota State Arts Board Learning Grant and direct the Finance Director to establish a program budget in the amount of $143,790 for the Kid City Project.

Resolution 16-09-1383 Acceptance of 2017 Minnesota State Arts Board Learning Grant

WHEREAS, this grant contract is between the State of Minnesota, acting through

its Board of the Arts (referred to as the “Board”), and City of Maplewood (referred to as the “Grantee”);

WHEREAS, Minnesota Statutes 2014, section 129D.04, authorizes the Board to

distribute grants, loans, and other forms of assistance for artistic activities; and

WHEREAS, the Minnesota State Legislature in the 2015 Special Session, chapter

2, article 4, section 2, subdivision 3, appropriated $26,819,000 from the arts and cultural heritage fund to Minnesota State Arts Board for fiscal year 2016 arts grant programs and services; and

WHEREAS, the Minnesota State Legislature in the 2015 Regular Session,

chapter 77, article 1, section 24, subdivision 1, appropriated $7,522,000 from the State’s general fund to the Minnesota State Arts Board for fiscal year 2016 arts grant programs and services; and

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WHEREAS, the United States Congress, acting through the National Endowment for the Arts, has awarded $741,100 to the Minnesota State Arts Board for fiscal year 2016 for arts programs and priorities in Minnesota;

WHEREAS, the Board has instituted a pilot grant program, Arts Learning, to

broaden opportunities for Minnesotans to participate in the arts; and

WHEREAS, the Board has selected the applicant as a Grantee in the Arts

Learning grant program;

THEREFORE, the Board agrees to award the Grantee a fiscal year 2017 Arts

Learning grant in support of eligible costs as described in the Grantee’s Application in the amount of $130,722; and

THE Grantee represents that it is duly qualifies and agrees to perform all services

described in this grant contract to the satisfaction of the Board. Pursuant to Minnesota Statutes §16B.98 subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grants; and

THEREFORE, the Board and Grantee agree to the following terms and

conditions, and further agree that Grantee’s failure to comply with any of the requirements of this contract may jeopardize its eligibility to apply for or receive future Arts Board grants.

NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council

authorizes the City of Maplewood to accept this grant. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of Contract for Kid City Outreach and Project Coordinator

Councilmember Abrams moved to approve the contract for a Kid City Outreach & Project Coordinator and authorize the contract to be signed by the Parks & Recreation Director. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Approval of the Appointment of Jason Brash as Building Official

Councilmember Abrams moved to approve the appointment of Jason Brash as Building Official for the city of Maplewood effective October 3, 2016. Seconded by Councilmember Juenemann Ayes – All The motion passed.

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6. Approval of a Resolution to Accept the Donation of a Prescription Drug Collection Bin Valued at $1,500 from Call2Recycle, Inc.

Councilmember Abrams moved to approve the resolution accepting the donation Prescription Drug Collection Bin Valued at $1,500 from Call2Recycle, Inc.

Resolution 16-09-1384 Resolution Expressing Acceptance of and

Appreciation of a Donation to the Maplewood Police Department

WHEREAS, the private company, Call2Recylce, Inc. of Atlanta, Georgia has made available to the Environmental Health Unit of St. Paul – Ramsey Public Health Department a prescription medication collection bin valued at $1,500.00; and

WHEREAS, this collection bin serves Maplewood and the surrounding community by providing a safe and secure method of discarding unused prescription medication; and

WHEREAS, the Maplewood Police Department has agreed to work in

collaboration with Ramsey County Environmental Health for the purpose and safely monitoring, managing, and disposing of unused prescription medications; and

WHEREAS, the Maplewood City Council is appreciative of the donation and commends the Call2Recycle, Inc. for their valuable donation of a prescription medication collection bin.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that:

1. The donation is accepted and acknowledged with gratitude; and

2. The donation will be appropriated for public use; and

3. The police department has agreed to serve as the local administrator of the

collection bin and associated program. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Approval of an Agreement for Participation in a Ramsey County Project to

Explore Factors Predictive of Justice System Involvement for County Youth Councilmember Abrams moved to approve the data sharing agreement to participate in the National Council on Crime and Delinquency study by providing court ordered data in collaboration with other project partners. Seconded by Councilmember Juenemann Ayes – All The motion passed.

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H. PUBLIC HEARINGS 1. Public Hearing for Purposes of Receiving Public Comment Regarding the

Purchase and [Department-Wide] Implementation of Body Worn Camera (Portable Recording System) Program and the Department’s Proposed Policy in Accordance with Minnesota Statute 626.8473, Subd. 2 and 3 – No Council Action Required

Police Chief Schnell introduced the staff report. Mayor Slawik opened the public hearing. The following people spoke: 1. Susan Kent, State Senator for Senate District 53 2. JoAnn Ward, State Representative for District 53A 3. Peter Fischer, State Representative for District 43A 4. Tim Kinley, Maplewood Resident 5. Mark Bradley, Maplewood Resident 6. Bob Zick, North St. Paul Resident 7. Diana Longrie, Maplewood Resident 8. Kevin Berglund, Maplewood Resident Mayor Slawik closed the public hearing. Police Chief Schnell answered questions of the council. No council action required.

I. UNFINISHED BUSINESS

1. Consider Approval of an Ordinance Amending Chapter 14, Article XIII Regulating Personal Services and the Addition of an Ordinance Under Chapter 14, Article XX Regulating Massage Centers – Second Reading

Citizen Services Director/City Clerk Haag gave the staff report. Councilmember Juenemann moved to approve the second reading of the proposed amendments to Chapter 14, Article XIII Regulating Personal Services and the addition of Chapter 14, Article XX Regulating Massage Centers.

Ordinance 971 ARTICLE XIII. - PERSONAL SERVICES DIVISION 1. – GENERALLY Sec. 14-861. - Purpose and applicability. (1) The purpose of this article is to regulate, within the city limits, providers of

personal services, which include escort services, saunas and bathhouses; and similar social, recreational, and therapeutic activities.

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(2) This article shall not apply to the incidental provision of such services by athletic, lodging, recreational, religious, or social organizations upon their registered premises. For the purpose of this article, the term "incidental provision" shall mean that the cost of providing such facilities and any income generated from their use shall represent less than 15 percent of the gross revenues generated by such organization at such premises.

(Code 1982, § 24-1) Sec. 14-862. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bathhouse means premises providing members of the public or a private club with bathing and personal cleansing facilities for hygienic, therapeutic, restorative, or social purposes on a commercial basis. Escort means a person employed to provide companionship, attendance, or accompaniment to another for social or recreational purposes; such employment is not directly related to the health or safety of the client. Escort service means premises at or through which escort is advertised, offered, or provided for members of the public or a private club. For the purpose of this article, a rap parlor is classified as an on-premises escort service. Operate means to own, manage or conduct or to significantly participate in the ownership, management or conduct of a business, enterprise or service regulated under this article. Practitioner means a natural person licensed by the city to engage in the business of escort service, or sauna or bathhouse attendance either at a licensed premises of such service or on an outcall basis. Rap parlor means a commercial enterprise hosting wide-ranging, on-premises verbal conversation between its employees and members of the public or a private club. Sauna means premises providing members of the public or a private club with communal or individual dry or moist heating facilities for therapeutic, restorative, rehabilitative, religious or social purposes on a commercial basis. Sauna or bathhouse attendant means practitioners, licensed pursuant to division 3 of this article, employed at a licensed sauna or bathhouse premises to assist customers in the use of the facilities. Attendant duties involve direct customer contact and include but are not limited to valet and grooming service; issue of locks, lockers, towels, and clothing containers; and operation of sauna and bath equipment. (Code 1982, § 24-2) Cross reference— Definitions generally, § 1-2.

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Sec. 14-863. - Violations; penalties. Failure to establish and maintain the premises and records required pursuant to this article constitutes a violation of this article. Such violations shall be cause for suspension, revocation or nonrenewal of the premises or practitioner's license and/or other penalties including the penalty in section 1-15. (Code 1982, § 24-3) Secs. 14-864—14-885. – Reserved DIVISION4. - LICENSED PREMISES Sec. 14-1051. - Construction requirements. All premises licensed under this article shall meet the following construction requirements: (1) Mechanical ventilation, lighting, and sanitary fixtures for closets, restrooms,

offices, treatment areas and public areas shall conform to the codes established by the American Society of Heating, Refrigeration and Air Conditioning Engineers and by the building code adopted in section 12-39.

(2) Individual lockers shall be provided for the use of patrons with separate keys for

locking. (3) The doors to saunas shall not be equipped with any locking device and shall not

be blocked or obstructed from either side. (Code 1982, § 24-130) Sec. 14-1052. - Maintenance requirements. All premises licensed under this article shall meet the following maintenance requirements: (1) Handwashing sinks, urinals, floors, walls and equipment shall be kept in a state

of good repair and maintained in a clean, sanitary condition at all times. (2) Sanitary hand-cleaning agents, sanitary towels and toilet tissue shall be provided

at all times. (3) Adequate refuse receptacles shall be provided and shall be emptied as required. (4) Linens and other materials shall be stored at least 12 inches off the floor. (5) Clean towels and washcloths shall be made available for each customer in

saunas, and bathhouses. (Code 1982, § 24-131)

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Sec. 14-1053. - Zoning requirements. In the development and execution of this article, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of these uses are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Therefore, all premises licensed under this article shall meet the following zoning requirements in addition to any others that may otherwise be provided for by this Code and other ordinances of this city: (1) A business license shall be issued under this article only for property zoned business-commercial, provided that such use is not detrimental to existing and future development. (2) No escort service, sauna, or bathhouse shall be operated within 2,600 feet of any other escort service, sauna or bathhouse. (3) No escort service, sauna, or bathhouse shall be operated within 2,600 feet of any residentially zoned district; a church; a nursery; an elementary, junior high or high school; or any establishment frequented by juveniles. (Code 1982, § 24-132) Sec. 14-1054. - Reserved. Editor's note— Ord. No. 935, adopted Sept. 23, 2013, repealed § 14-1054 in its entirety. Former § 14-1054 pertained to closing hours and derived from the Code of 1982, § 24-133. Sec. 14-1055. - Inspections of premises. All applicants and licensees under this article shall allow a proper official of the city to inspect and periodically examine the premises for the purpose of ascertaining that such premises conform to all requirements and regulations pertaining to health, fire and sanitation and to ensure the preservation of the good order and peace of the city. Any refusal on the part of the applicant or licensee to allow such inspection or examination shall be deemed as sufficient grounds upon which the city manager may deny, suspend or revoke a license. (Code 1982, § 24-134) Sec. 14-1056. - Age requirement for presence on premises. No person under the age of 18 years shall be permitted at any time on the premises licensed under this article as a customer or guest, unless accompanied by a parent or guardian. (Code 1982, § 24-135)

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Sec. 14-1057. - Alcoholic beverages on premises. No alcoholic beverages shall be allowed on any premises licensed under this article at any time. (Code 1982, § 24-136) Sec. 14-1058. - Violations; penalties. Violation of requirements and procedures specified in this division shall be cause for suspension, revocation or nonrenewal of the business premises or personal service license and/or other penalties including a maximum fine in accordance with section 1-15. (Code 1982, § 24-137) Secs. 14-1059—14-1085. - Reserved.

Ordinance 972 ARTICLE XX– MASSAGE CENTERS DIVISION 1. – GENERALLY Sec. 14-1438. - Purpose, applicability and exceptions. (1) The purpose of this article of the City Code is to prohibit massage businesses

and services to the public except those licensed as massage centers and massage therapists pursuant to division 2 of this article. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate enterprises, to prevent criminal activity and to protect the health and welfare of the community.

(2) This article shall not apply to the incidental provision of such services by athletic,

lodging, recreational, religious, or social organizations upon their registered premises. For the purpose of this article, the term "incidental provision" shall mean that the cost of providing such facilities and any income generated from their use shall represent less than 15 percent of the gross revenues generated by such organization at such premises.

(3) A massage center or therapist license is not required for the following persons

and places:

(a) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business.

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(b) Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the 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 this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed.

(d) Places duly licensed or operating as a hospital, nursing home, hospice,

sanitarium, or group home established for the hospitalization or care of human beings.

(e) Students of an accredited institution who are performing massage

services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution, must have proof of liability insurance, and must be identified to the public as a student of massage therapy.

Sec. 14-1439. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accredited institution means an educational institution holding accredited status with the United States Department of Education or Minnesota Office of Higher Education. Massage center means a premise in or upon which an entity operates a business which employs only licensed massage therapists to provide therapeutic massage to the public. The owner/operator of a massage center need not be licensed as a massage therapist if he or she does not at any time practice or administer massage to the public. Massage means any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage therapist means an individual who practices or administers massage to the public who can demonstrate to the issuing authority that he or she has completed 500 hours of certified therapeutic massage training with content that includes the subjects of

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anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited program or accredited institution that has been approved by the issuing authority. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. Operate means to own, manage or conduct or to significantly participate in the ownership, management or conduct of a massage center business regulated under this article. Outcall service means provision by a massage therapist of massage services at a premises other than a licensed massage center. Sec. 14-1440. - Violations; penalties. Failure to establish and maintain the premises and records required pursuant to this article constitutes a violation of this article. Such violations shall be cause for suspension, revocation or nonrenewal of the massage center or therapist’s license and/or other penalties including the penalty in section 1-15. Sec. 14-1441. - Business office and records. Each massage center licensed under this division shall maintain a business office at a street address listed on the premises license application. The address must be an actual location from which business is conducted and not merely a postbox or similar accommodation address. The name and telephone number of the operator or manager, hours of operation of the service, and a copy of the massage center license will be prominently displayed at the business office. Records of the massage center required by this division, including the roster of massage therapists, photographs of outcall therapists and register of outcall appointments, shall be available at the massage center for inspection by city officials during the posted hours of operation. (Code 1982, § 24-90) Sec. 14-1442. - Roster of massage therapists. Each massage center shall maintain, on the premises, a roster of massage therapists available through the center. The roster shall include the name, therapist’s license number, address, and telephone number of the therapist; the date that the massage center began representing the therapist; and the date, as applicable, that such representation ceased. The roster shall include the names of all massage therapists represented by the massage center during the preceding 12 months. (Code 1982, § 24-91) Sec. 14-1443. - Register of outcall appointments. Each massage center shall maintain, at the premises of record, a register of all appointments for outcall service provided through the center. The register shall include the name and practitioner's license number of the massage therapist; the name and address of the client; the method of payment; and the address, date and time at which massage was provided. Appointments shall be registered in chronological order by date

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and time of appointment. The register shall include all appointments for the previous 12 months. (Code 1982, § 24-92) Sec. 14-1444. - Photographs of outcall massage therapists. Each massage center shall maintain, at the premises of record, a color photograph of each massage therapist available for outcall service through the center. Photographs shall be full face, not less than 2½ by 2½ inches, and shall be renewed annually. The practitioner's license number of the therapist and the date the photograph was made will be indicated in indelible ink on the reverse of the photo. Photographs will be retained while the therapist is listed on the roster described in section 14-1442. (Code 1982, § 24-93) Sec. 14-1445. - Massage center manager. A manager must be assigned for each massage center licensed under this division, and such manager must have a valid massage therapist license. The center’s licensee shall designate a natural person as manager, and the manager shall be responsible for the conduct of the business until another natural person has been designated in writing as manager by the licensee. The center’s licensee shall promptly notify the city manager in writing of any change of managers; such notice shall indicate the name and address of the new manager and the effective date of such change. (Code 1982, § 24-94) Sec. 14-1446. - Clothing requirements. The buttocks and genitals of all massage therapists and the breasts of female massage therapists shall be opaquely clothed at all times during the provision of licensed services. (Code 1982, § 24-95) Sec. 14-1447. - Prohibited activities. Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a client by a massage therapist or of a massage therapist by a client pursuant to the provision of massage is expressly prohibited. In addition to penalties provided elsewhere in this article, a maximum fine in accordance with section 1-15 may be imposed. (Code 1982, § 24-96) Sec. 14-1448. - Prohibited solicitation of business by licensed massage therapist. No massage therapist licensed under this division shall solicit business in any public place or in any licensed liquor establishment in the city. (Code 1982, § 24-97)

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Sec. 14-1449. - Violations; penalties. Violation of requirements and procedures specified in this division shall be cause for suspension, revocation or nonrenewal of the massage center or therapist’s license and/or other penalties in accordance with section 1-15 may be imposed. (Code 1982, § 24-98 DIVISION 2. – LICENSES Sec. 14-1450. - License Fees. (1) The fees charged by the city for preparing, recording and issuing licenses

pursuant to this division shall be established by resolution of the city council. (2) The license fee shall be paid when the application for a license under this

division is submitted and shall not be refundable. (Code 1982, §§ 24-100, 24-101) Sec. 14-1451. - Investigative fee. Upon the filing of an application for a massage center or therapist’s license under this division, the applicant shall pay in full any applicable investigative fee established by resolution of the city council. Investigative fees are nonrefundable. Investigative fees are assessed to defray the cost of a background investigation of the prospective licensee and, for a massage center licenses, of the original designated manager thereof. No investigation is required and no investigative fee shall be charged for routine annual renewal of licenses. When a license has expired due to failure of the license holder to apply for timely renewal or when a license has been denied or revoked by action of the city council, the city manager, at the recommendation of the chief of police, may require the applicant to pay the investigative fee anew. (Code 1982, § 24-102) Sec. 14-1452. - Massage center license required. Except for the incidental provision of services and exceptions defined in section 14-1438 (b) and (c), each person operating a massage service within the city limits must be in possession of a current massage center license for such business issued by the city. (Code 1982, § 24-103) Sec. 14-1453. - Submission of massage center license application. An application for a massage center license under this division shall be made on forms supplied by the city for such purpose and shall contain all information required by this article. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-104)

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Sec. 14-1454. - Information required on massage center license application. Each applicant for a massage service massage center license shall provide the following information on the application form: (1) Whether the applicant is a natural person, a corporation, a partnership or other

form of organization. (2) If the applicant is a natural person:

(a) His true name, place and date of birth, street residence address and phone number;

(b) Whether the applicant is a citizen of the United States;

(c) Whether the applicant has ever used or has been known by a name other

than his true name, and, if so, what was such name and information concerning dates and places where used;

(d) The name of the business, if it is to be conducted under a designation,

name or style other than the full individual name of the applicant, and in such a case a copy of the certification, as required by Minn. Stats. Ch. 333, certified by the clerk of the district court shall be attached to the application;

(e) The street addresses at which applicant has lived during the preceding

five years;

(f) The kind, name, and location of every business or occupation the applicant has been engaged in during the preceding five years;

(g) Whether the applicant has ever been convicted of any felony, crime, or

violation of any chapter other than traffic chapters, and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had;

(h) The physical description of the applicant;

(i) The types and amount of training possessed by the applicant relevant to

the operation of a massage center; and

(j) The same information shall be required of the manager. (3) If the applicant is a partnership:

(a) The names and addresses of all partners and all information concerning each partner and the manager as is required of an individual applicant in subsection (2) of this section.

(b) The name of the managing partner and the interest of each partner in the

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business.

(c) A true copy of the partnership agreement shall be submitted with the application, and, if the partnership is required to file a certificate as to a trade name under Minn. Stats. Ch. 333, a copy of such certificate, certified by the clerk of the district court, shall be attached.

(4) If the applicant is a corporate or other organization:

(a) The name and, if incorporated, the state of incorporation.

(b) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate of authority, as described in Minn. Stats. Ch. 303, shall be attached.

(c) The name of the manager and all information concerning such person as

is required by subsection (2) of this section.

(d) A list of all parties who control or own an interest in excess of five percent in such corporation or organization or who are officers of the corporation or organization and all information concerning such persons as is required by subsection (2) of this section.

(5) Whether the applicant is licensed in other communities and, if so, where. (6) Whether the applicant has previously been denied a license to conduct the type

of business for which a license is requested. (7) Legal description and address of the massage center for which the license is

requested. (8) If the applicant is a natural person, one front-face photograph of the applicant,

taken within 30 days of the date of the application, at least 2½ inches square; if the applicant is a partnership, corporation, or other organization, one front-face photograph of each partner and managing agent, taken within 30 days of the date of application, at least 2½ inches square.

(9) Such other information as the city council may require. (Code 1982, § 24-105) Sec. 14-1455. - Verification of application for massage center license. The application for a massage center license under this division shall be signed and sworn to by the applicant if the applicant is a natural person. If the applicant is a corporation, the application shall be signed and sworn to by an officer of the corporation. If the applicant is a partnership, the application shall be signed and sworn to by one of the partners. The application shall be notarized by a commissioned notary public. (Code 1982, § 24-106)

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Sec. 14-1457. - Issuance or denial of massage center license. (1) No massage center license shall be issued under this division except by council

approval. The council may grant or deny any license requested at its discretion. (2) Council approval shall not be necessary for the routine renewal of an existing

business license. However, failure to apply for renewal at least 30 days before the expiration of an existing license may be considered an abandonment of this routine renewal privilege, and council approval may be required prior to renewal in such cases.

(Code 1982, § 24-107) Sec. 14-1458. - Conditions of massage center license. No massage center license shall be issued, renewed or continued in effect under this division, unless there is compliance with the minimum conditions and requirements as set forth in this article. Failure to maintain compliance shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-108) Sec. 14-1459. - Denial of premises license for unpaid taxes, assessments or claims. No license shall be granted or renewed under this division on any premises on which taxes, assessments or other financial claims of the city, county or state are due, delinquent or unpaid. If an action has been commenced pursuant to Minn. Stats. Ch. 278, questioning the amount or validity of taxes, the council may, on appeal by the applicant, waive strict compliance with this section. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (Code 1982, § 24-109) Sec. 14-1460. - Suspension or revocation of massage center license. (1) A massage center license issued under this division may be revoked by the

council for cause pursuant to a hearing. Such hearing shall be held after five days' notice to the licensee.

(2) A license may be suspended temporarily by the city manager, and suspension

shall continue until otherwise ordered by the council, providing that the charges of the city manager are delivered in writing to the licensee and that the council affords the licensee a hearing at its first scheduled meeting immediately following the suspension order.

(3) Upon hearing, the council may continue the suspension for a specific period or

may terminate the suspension or may continue the license in effect based upon any additional terms, conditions and stipulations which the council may in its sole discretion impose.

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(Code 1982, § 24-110) Sec. 14-1461. - Prohibited activities when massage center license suspended or revoked. No massage center licensee shall solicit business or offer or agree to perform any licensed service, nor shall licensed employees of the business licensee solicit business or offer or agree to perform any licensed service within the city while the business license is under suspension or revocation under this division. (Code 1982, § 24-111) Sec. 14-1462. - Expiration date of massage center license. The expiration date of such massage center license is as may be imposed, set, established and fixed by the city clerk, from time to time. (Code 1982, § 24-112; Council Amend. of 9-28-2015) Sec. 14-1463. - Transfer of massage center licenses. No massage center license issued under this division shall be transferred to any other person or premises. (Code 1982, § 24-113) Sec. 14-1464. - Therapist license required for individuals. (1) It shall be unlawful for any natural person to engage in business as a massage

therapist, as defined in this article, unless such person is:

(a) In possession of a current therapist license, issued under this division; and

(b) Affiliated with, employed by, or owns at least one massage center

currently licensed under this division, unless a person or place is specifically exempted from obtaining a massage center license.

(2) As used in this section, the term "engage in business" means the provision of

services described in this article for which any charge or fee is made or any money or thing of value is solicited or received by the provider.

(Code 1982, § 24-114) Sec. 14-1465. - Qualifications of applicant for therapist license. Every applicant for a therapist license under this division must be a natural person and at least 21 years of age. (Code 1982, § 24-115)

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Sec. 14-1466. - Disqualifications for therapist license. No therapist license shall be issued under this division to any applicant who: (1) Is under 21 years of age; (2) Is not a United States citizen or legal resident alien; (3) Has, within the past five years, been convicted of a felony offense or any

misdemeanor offense involving moral turpitude or which relates directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity; or

(4) Within five years prior to the date of application, has had a similar license

revoked, denied or suspended. (Code 1982, § 24-116) Sec. 14-1467. - Filing of therapist license application. Every application for a therapist license under this division shall be filed with the city clerk on a form to be provided thereby. (Code 1982, § 24-117) Sec. 14-1468. - Manner of submission of therapist license application. An application for a therapist license under this division shall be made on forms supplied by the city for such purpose and shall contain all information required by this article. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-118) Sec. 14-1469. - Information required on therapist license application. Each applicant for a massage therapist license shall provide the following information in the application: (1) The applicant's true name, place and date of birth, street residence address and

phone number (2) Whether the applicant is a citizen of the United States or resident alien or has the

legal authority to work in the United States; (3) Whether the applicant has ever used or has been known by a name other than

his true name and, if so, what was such name and information concerning dates and places where used;

(4) The street addresses at which the applicant has lived during the preceding five

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years; (5) The applicant's employers for the previous five years, including the employer's

name, address and dates of employment; (6) whether the applicant has ever been convicted of any crime, and, if so, the

applicant shall furnish information as to the time, place, and offense for which convictions were had; the physical description of the applicant; and the previous training or experience of the applicant in providing massage services;

(7) Whether the applicant is presently licensed in other communities and, if so,

where; (8) Whether the applicant has had an interest in, as an individual or as part of a

corporation, partnership, association, enterprise, business or firm, a massage license that was denied, revoked or suspended within the last five years of the date the license application is submitted to the issuing authority;

(9) One front-face photograph of the applicant, taken within 30 days of the date of

application, at least 2½ inches square; (10) Such other information as the city council may require. (Code 1982, § 24-119) Sec. 14-1470. - Educational requirements of applicants for therapist license. Every applicant for a massage therapist license under this division shall furnish a certified copy of the applicant's diploma or certificate of graduation from an accredited institution (Code 1982, § 24-120) Sec. 14-1471. - Verification of application for therapist license. The application for a therapist license under this division shall be signed by the applicant, in the presence of a city employee, at the time of filing. Applicants shall furnish satisfactory proof of identification upon signing. (Code 1982, § 24-121) Sec. 14-1472. - Conditions of therapist license. No therapist license shall be issued, renewed or continued in effect under this division, unless there is compliance with the minimum conditions and requirements as set forth in this article. Failure to maintain compliance shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-122) Sec. 14-1473. - Issuance or denial; appeal of denial.

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Applications for massage therapist licenses under this division shall be reviewed by the chief of police and such other city officials as the city manager may deem necessary. At the earliest practicable time thereafter, the city manager shall issue or deny the request for a license based upon the recommendation of such officials. Denial of an application by the city manager may be appealed to the city council, if such appeal is made in writing within ten working days following the date of denial of the license. When appealed, the city council may uphold or reverse the decision of the city manager. (Code 1982, § 24-123) Sec. 14-1474. - Suspension or revocation of therapist license. A therapist license issued under this division may be suspended or revoked by the city manager for cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for this purpose by the city manager and will be conducted five days following the service of notice of revocation upon the license holder. The notice of revocation will specify the violations and causes upon which the suspension or revocation is based and will afford the therapist the opportunity to attend the administrative hearing. Service of the notice may be accomplished by certified mail to the therapist’s address of record or by leaving a copy of the notice with the manager of the massage service which maintains the therapist upon its roster of therapists. (Code 1982, § 24-124) Sec. 14-1475. - Appeal of suspension or revocation of therapist’s license. The therapist may appeal a license suspension or revocation during a regular meeting of the city council. After reviewing the grounds for action and the results of the administrative hearing, the council may uphold or reverse the decision of the hearing officer, and its judgment in this matter shall be final. (Code 1982, § 24-125) Sec. 14-1476. - Prohibited activities when therapist’s license suspended or revoked. No therapist licensed under this division shall solicit business or offer or agree to perform any licensed service within the city when the license of such person has been suspended or revoked. (Code 1982, § 24-126) Sec. 14-1477. - Possession and display of therapist’s license. A copy of the therapist’s license or an identification card issued under this division by the city shall be carried by the licensee at all times while so employed, and licensees shall present such documents for inspection when so requested by a proper official of the city. (Code 1982, § 24-127) Sec. 14-1478. - Expiration date of therapist license.

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Therapist licenses issued under this division shall have a duration period of one year. The expiration date of such license is as may be imposed, set, established and fixed by the city clerk, from time to time. (Code 1982, § 24-128; Council Amend. of 9-28-2015) Sec. 14-1479. - Closing hours. No massage center licensed under this article shall be open for business, nor will any massage therapist offer massage services, between the hours of 9:00 p.m. and 7:00 a.m. of the following day. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. Sec. 14-1480. - Construction requirements. All massage centers licensed under this article shall meet the following construction requirements: (1) Mechanical ventilation, lighting, and sanitary fixtures for closets, restrooms,

offices, treatment areas and public areas shall conform to the codes established by the American Society of Heating, Refrigeration and Air Conditioning Engineers and by the building code adopted in section 12-39.

(2) Individual lockers shall be provided for the use of patrons with separate keys for

locking. (3) The doors to individual massage rooms shall not be equipped with any locking

device and shall not be blocked or obstructed from either side. Sec. 14-1481. - Maintenance requirements. All massage centers licensed under this article shall meet the following maintenance requirements: (1) Handwashing sinks, urinals, floors, walls and equipment shall be kept in a state

of good repair and maintained in a clean, sanitary condition at all times. (2) Sanitary hand-cleaning agents, sanitary towels and toilet tissue shall be provided

at all times. (3) Adequate refuse receptacles shall be provided and shall be emptied as required. (4) Linens and other materials shall be stored at least 12 inches off the floor. (5) Clean towels and washcloths shall be made available for each customer Sec. 14-1482. - Zoning requirements. A massage center license shall be issued under this article only for property zoned business-commercial, provided that such use is not detrimental to existing and future development.

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Sec. 14-1483. - Inspections of massage center. All applicants and licensees under this article shall allow a proper official of the city to inspect and periodically examine the massage centers for the purpose of ascertaining that such centers conform to all requirements and regulations pertaining to health, fire and sanitation and to ensure the preservation of the good order and peace of the city. Any refusal on the part of the applicant or licensee to allow such inspection or examination shall be deemed as sufficient grounds upon which the city manager may deny, suspend or revoke a license. Sec. 14-1484. - Age requirement for presence on premises. No person under the age of 18 years shall be permitted at any time at a massage center licensed under this article as a customer or guest, unless accompanied by a parent or guardian. Sec. 14-1485. - Alcoholic beverages on premises. No alcoholic beverages shall be allowed at a massage center licensed under this article at any time. Sec. 14-1486. - Violations; penalties. Violation of requirements and procedures specified in this division shall be cause for suspension, revocation or nonrenewal of the massage center license and/or other penalties including a maximum fine in accordance with section 1-15. Secs. 14-1487—14-1513. - Reserved. Seconded by Councilmember Abrams Ayes – All The motion passed.

J. NEW BUSINESS 1. Consider Approval of a Massage Center License for iTouch Massage

Therapy, 2966 White Bear Avenue N Citizen Service Director Haag gave the staff report and answered questions of the council. Councilmember Smith moved to approve the issuance of a Massage Center license for iTouch Massage located at 2966 White Bear Avenue. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Consider Approval of Purchase for Asset Management Software and

Implementation Services

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Public Works Director Thompson gave the staff report and answered questions of the council. City Manager Coleman gave additional information. Councilmember Abrams moved to approve the Mayor and City Manager to enter into a contract with Cartography Systems, Inc. for the purchase of a city wide asset management software program and contract for services to implement the asset management program; and minor modifications approved by the City Attorney are authorized as needed for the contract. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Review of 2017 Charitable Gambling Requests

City Manager Coleman gave the staff report. The following people spoke: 1. Winston Thao, ISD 622 Northern Lights Show Choir 2. Amy Waters, Aquatic Research & Conservation Society 3. Bob Jensen, Maplewood Historical Society 4. Amanda Moses, Tubman Family Alliance 5. Janine Staufacker, ISD 622 Fusin Drumline 6. Cheryl Gysbers, ISD 622 Gladstone Meals on Wheels 7. Jim Beardsley, Friends of Maplewood Nature Center & Preserves 8. Nicole Evanson and Jennifer Schwartz, Weaver Elementary 9. Pam Stokes and Lorna Leisikow, North High School All-Night Senior Class Party

Parent Booster 10. Joe Fox, Ramsey County Fair Award results will be available in the staff report of the City Council Packet on the city’s website by the end of the day on Wednesday, October 5, 2016. No council action required. 4. Consider Approval of US Bank Equipment Lease Financing

Finance Director Paulseth gave the staff report and answered questions of the council. Fire Chief Lukin answered additional questions of the council. Councilmember Juenemann moved to approve the application for financing ambulance medical equipment through the U.S. Bank Government Lease and Finance Program. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Consider Approval of Purchase for Cardiac Monitors

Fire Chief Lukin gave the staff report.

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Councilmember Abrams moved to approve the purchase of new cardiac monitors for a total not to exceed $179,680. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Consider Approval of Purchase for Stretcher Loading System

Fire Chief Lukin gave the staff report. Councilmember Abrams moved to approve the purchase stretcher loading/restraint equipment for a total not to exceed $83,307. Seconded by Councilmember Smith Ayes – All The motion passed. 7. Consider Approval of Purchase of New Ambulance

Fire Chief Lukin gave the staff report. Councilmember Juenemann moved to approve the purchase of a new ambulance for a total not to exceed $250,000. Seconded by Councilmember Smith Ayes – All The motion passed.

K. AWARD OF BIDS None

L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. 1. Benjamin Jarman, Maplewood Resident 2. Bob Zick, North St. Paul Resident 3. Mark D. Bradley, Maplewood Resident 4. Tim Kinley, Maplewood Resident 5. Kevin Berglund, Maplewood Resident 6. Erica Huppert, Maplewood Resident

M. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:30 p.m.

Documents

MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, … 09-2… · 3. Presentation of Victory Auto Service and Glass, ... Mark Jenkins, term expires 9/30/19 Jennifer Lewis, term expires