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Staff ReportsCITY OF SHOREWOOD ORDINANCE NO.490 AN ORDINANCE AMENDING CHAPTER 311 OF THE MUNICIPAL CODE TO UPDATE THE LICENSING REQUIREMENTS FOR THERAPEUTIC MASSAGE SERVICES Section 1. Chapter 311 is hereby deleted in its entirety and replaced with: "CHAPTER 311 THERAPEUTIC MASSAGE LICENSING Section 311.01 Purpose 311.02 Definitions 311.03 License 311.04 Fees 311.05 General conditions of license 311.06 Educational requirements 311.07 Exceptions to licensing requirements 311.08 License restrictions and regulations 311.09 Violations 311.01 PURPOSE. The purpose of this chapter is to regulate therapeutic massage services and provide for the licensing thereof. (Am. Ord. 373-b,passed 8-27-2001) 311.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness, health-care referral, healing relaxation or beautification. , MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer or beautician or barber who confines his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; and who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MASSAGE THERAPYBUSEVESS. A place of business providing massage therapy 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 human beings, duly licensed under the provisions of Minnesota Statutes 144.50 through 144.69. 311.03 LICENSE. It shall be unlawful to operate, offer, engage in, or carry on massage therapy services in the city without first obtaining a massage therapy business license. Subd. 1. Application. All applications for a massage therapy business license, whether submitted by an individual, corporation, partnership, or other form of organization shall contain at minimum, the following: a. The name and date of birth of the owner of the business. If a partnership or corporation, the names and dates of birth for all owners must be provided. b. Information on other names the applicant, partners, officers, or other business names they have used or by which they have been known. C. Information as to whether the applicant, partners, or officers have been convicted of a felony, crime, or ordinance violation other than minor traffic offenses, and if so, the date, place, and conviction. d. Floor plan of the premises in which the massage therapy services will be conducted, showing areas where massage therapy will be performed. e. If an individual, proof the individual completed the necessary course work, training and hours required to be a certified massage therapist from a certified massage therapy school, pursuant to section 311.06 of this chapter. f. Proof of general liability insurance of at least $1,000,000. Subd. 2. Term. All licenses issued under this chapter shall expire on the last day of December of each year. Subd. 3. Renewals. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as provided in section 1301.02 of this code. &Z 311.04 FEES. All applications shall be accompanied by a non -returnable license fee as provided in section 1301.02 of this code. Licenses are issued for the calendar year; if a portion of the license year has elapsed when the initial application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. 311.05 GENERAL CONDITIONS OF LICENSE. Subd. 1. Therapists. The holder of a massage therapy business license shall adhere to the following conditions: a. Hire only massage therapists 18 years of age or older. b. Hire only massage therapists qualified as set forth in section 311.06 of this chapter. C. Maintain necessary hiring records on the premises documenting the training, certification and contact information of each therapist pursuant to section 311.06 of this chapter. Subd. 2. Access to records. The owner, general manager of the facility, or someone authorized to access employment records must be present during business hours and allow city inspection staff access to documentation in order to verify compliance with this section. Subd. 3. Insurance. Each holder of a massage therapy business license shall carry general liability insurance in the amount of $1,000,000. 311.06 EDUCATIONAL REQUIREMENTS. The massage therapy business must maintain records for each massage therapist hired on the premises, furnishing proof that each therapist has met the following: Subd. 1. Educational requirement. Each therapist must have: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency or is recognized by the Minnesota Higher Education Coordinating Board or other state agency having jurisdiction over the school. -3- Subd. 2. Areas of training. Each therapist must have a minimum of 500 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, esalen, shiatsu and/or foot reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement and physiology; and C. Hygiene. 311.07 EXCEPTIONS TO LICENSING REQUIREMENTS. This section shall not apply to persons in the following professions: Subd. 1. Medical professionals. A state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist or assistant working under the direction of any of the above - described professionals; Subd. 2. Physical therapists. A state licensed physical therapist, athletic director or trainer or an assistant working under the direction of any of the above -described professionals; Subd. 3. Beauticians and barbers. A state licensed beautician or barber, provided treatment is limited to the scalp, face and neck. 311.08 LICENSE RESTRICTIONS AND REGULATIONS. All massage therapy business licensees shall: Subd. 1. Display license. Display current licenses in a prominent location at their place of business; Subd. 2. Identification. Upon demand of any police officer or Shorewood inspections staff at the place of business, produce correct identification; Subd. 3. Location limited. Practice massage therapy only at the location as is designated in the license; Subd. 4. Change in location. Inform the City Administrator/Clerk in writing of any change in location prior to the change; Subd. 5. Use of controlled substances. Refrain from the use of and not be under the influence of alcoholic beverages or any controlled substance as defined in Minnesota Statutes while practicing massage therapy; Subd. 6. Appropriate covering. Require that a person who is receiving a massage shall have his or her genital areas covered with an appropriate opaque covering. -4- , 311.09 VIOLATIONS. Subd. 1. Misdemeanor. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this chapter, whether individually of in connection with one or more persons or as principal, agent or accessory shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor. Each violation of this chapter shall constitute a separate offense. Subd. 2. Conviction/penalty. Conviction of a violation of this chapter shall be grounds for administrative enforcement pursuant to chapter 104.03 of this code, or suspension or revocation of any license issued hereunder." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of February 2012. 1 h1C��Q— ATTEST• Christine Lizee, Mayor �c Brian Heck, City Administrator/Clerk -5- CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 9 of 21 Lizee asked if the utilities to the site will come off of Christmas Lake Road or Brand Circle. Director Nielsen responded both. Two lots will be served off of Christmas Lake Road and the third off of Brand Circle. Councilmember Zerby stated he is pleased with the work that Staff and the Planning Commission has done, and also with the fact that the MCWD has been involved. Zerby moved, Siakel seconded, directing Staff to prepare a resolution approving the preliminary plat for Eric Zehuder, Zehnder Home, Inc., for 6040 Christmas Lake Road, subject to Staff recommendations and incorporating the comments from the Minnehaha Creek Watershed District. Motion passed 4/0. C. City Code Text Amendment for Therapeutic Massage Licensing Director Nielsen explained that Council had directed the Planning Commission to review a number of the City's Ordinances with regard to licensing, one of which was Therapeutic Massage Licensing. The current Ordinance requires individual massage therapists to get their own license. There is a business located in the City that has 8 — 12 therapists working there and each has to get a license. That business expressed concern to the City about the amount of fees therapists had to pay. The Planning Commission recommends a different approach to licensing for therapeutic massage services. Nielsen then explained that the Commission recommends the individual business and not the therapist be licensed. That includes individuals practicing massage therapy on their own. The proposed amendment to the Ordinance shifts the burden of background checks and validating credentials of individual therapists to the business. The City would still monitor and enforce that rule. All the requirements for being a massage therapist will still be in place. Councilmember Zerby asked if the permit will change to a rolling 12 months or a prorated fee. Director Nielsen responded no. Zerby asked if there is a reason it won't. Councilmember Siakel stated she thought there had been discussion about a prorated fee when the license was applied for part way into the calendar year. Director Nielsen stated it's an annual fee and he thought it is prorated. Administrator Heck stated that was the discussion. Zerby asked if the amendment includes prorating. Nielsen stated if it does not it should be because the Commission didn't change that. Siakel stated she did not find that in the amendment. Director Nielsen stated the fee schedule will be adjusted to allow for prorating. Zerby moved, Siakel seconded, Approving ORDINANCE NO. 490, "An Ordinance Amending Chapter 311 of the Municipal Code to Update the Licensing Requirements for Therapeutic Massage Services" subject to including a prorated fee option, Adopting RESOLUTION NO. 12- 009A Resolution Approving Publication of Ordinance 490 by Title and Summary", and Approving ORDINANCE NO.491, "An Ordinance titled `License, Permit, Service Charges and Miscellaneous Fees." Motion passed 4/0. The owner of the massage therapy business located in the Shorewood shopping Center thanked Council and Staff for doing this. He asked how his business should respond to licensing during this first year of transition. Administrator Heck stated the Planning Commission didn't address the effective date of the license. Director Nielsen stated it is his recollection that it would occur on the effective date of the license renewal. Nielsen then stated that the responsibility for business being responsible for keeping the records of therapists goes into effect as soon as the Ordinance amendment is approved. I* CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 17, 2012 Page 10 of 14 build longer, shallower houses and 50 percent would work for them. Davis agreed that 50 percent would be more than sufficient. Chair Geng asked Director Nielsen why he has recommended 25 percent. Nielsen explained to keep the portico minimal, and he reminded the Commissioners this is about a structure that can extend four feet into the front yard setback. Nielsen commented that it is an arbitrary number and he would not want it to be so small that people have to apply for variances. Geng asked if Nielsen had issue with increasing it to 50 percent. Nielsen responded that seems to be too high. Commissioner Hasek stated he didn't want the percent to be so low that it will cause people to have to apply for variances. Hasek expressed his preference to set the percent too high. Nielsen stated 50 percent would probably accommodate a residential handicap ramp better because they need to stretch out longer. Commissioner Hutchins noted it is called the Americans With Disabilities Act and recommended the amendment be corrected to say that. There was consensus to change the 25 percent restriction to a 50 percent restriction. Hasek moved, Davis seconded, recommending approval of the Zoning Code amendment subject to changing "American Disabilities Act" to "Americans With Disabilities Act" and changing "The length of the portico shall not exceed twenty-five percent ..." to "The length of the portico shall not exceed fifty percent..." Motion passed 6/0. Director Nielsen noted the Planning Commission will hold a public hearing on this proposed Zoning Code amendment during its February 21, 2012, meeting. 3. DISCUSSION — MASSAGE THERAPY LICENSING Director Nielsen stated the meeting packet contains a copy of a second draft of the proposed amendment to City Code Chapter 311 Therapeutic Massage Licensing. It contains the changes the Planning Commission recommended during its December 6, 2011, meeting. Commissioner Hutchins recommended in Section 311.03 Subd. L(b) changing "or other businesses have used" to "or other business names they have used". Also for consistency, in Section 311.08 Subd. 3 changing "Practice massage only" to "Practice massage therapy only". Commissioner Garelick asked how similar the language in this amended Ordinance is when compared to ordinances for other cities in the area. Director Nielsen responded it varies and some cities don't license massage therapists. Director Nielsen explained the current Ordinance requires each individual massage therapist to get a license from the City of Shorewood. The City has a background check conducted on them. The Planning Commission had previously suggested the business should be licensed and that the business be responsible for background checks on individual therapists. Staff has talked about licensing the business and potentially having a minor license for a nominal fee for individual therapists at a given business. Chair Geng noted that Section 311.03 Subd. 2 states "All licenses issued under this chapter shall expire on the last day of December each year." He asked if that means an applicant has to submit an application annually. Director Nielsen stated the business has to do that and the business doesn't have to specify how many therapists work there. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 17,2012 Page 11 of 14 Director Nielsen stated if the City conducted a spot check on a business and, for example, it has 12 therapy tables it should be able to provide the necessary information on at least 12 therapists. Chair Geng suggested adding a condition to Sections 311.03 Subd. 1. (a) — (f) requiring the business to identify on the application the therapists working at the business. Administrator Heck stated the proposed amended Ordinance does minor ordinances of other cities in the metropolitan area. But, this Ordinance only applies to businesses. Some cities also license practitioners. He then stated the problem with identifying the names of the individual therapists at time of licensing is there is a lot of turnover in therapists. He went on to state the easiest way to track individual therapists is to require them to get a minor license for a minimal fee. He commented that he is aware that there are differing opinions between Planning Commissioners with regard to streamlining this for all affected parties. Chair Geng asked what the amount of the nominal fee for an individual would be. Director Nielsen stated Staff has discussed a fee of $25. Commissioner Hasek asked if $25 would cover administrative costs. Director Nielsen stated it would cover paper work. It wouldn't cover the cost if the City asked the police department to do a "cover" check, but the business license fee would. Administrator Heck explained $25 would cover the cost to process the paper work provided the City doesn't have to do a lot of extensive research on an individual's qualifications and requirements. Heck noted the business is responsible for doing background checks on individual therapists. Director Nielsen stated from his perspective the advantage of doing dual licensing is if there were to be some type of violation by a therapist the therapist could lose their small license immediately for infraction. There could potentially be a system where if there were two violations by therapists the business could suffer. Chair Geng stated when a business owner originally asked the City to considering changing its massage licensing ordinance the owner was looking for licensing on a sliding scale based on when the therapist started with the business. He assumed that with the minor license approach that nominal fee would not be prorated. Director Nielsen responded that is correct. Commissioner Charbonnet stated there are references to employees in the amendment. He suggested the wording be changed so it covers independent contractors. Administrator Heck stated they could be called practitioners or therapists. Director Nielsen stated if the decision is made to require individual therapists to get a minor license for a nominal fee he will have to make revisions to the amendment. Commissioner Hutchins stated that would be rehashing what the Planning Commission discussed months ago. The Commission made a decision to license the business only in part because of the transient nature of therapists between businesses. Commissioner Hasek stated that boat has sailed. Director Nielsen stated he will make the minor changes discussed this evening. Hasek moved, Hutchins seconded, recommending approval of the amendment to the Therapeutic Massage Licensing Ordinance subject to making the minor changes discussed during this meeting. Motion passed 6/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 6, 2011 Page 16 of 21 Commissioner Davis explained that the number of eggs a hen lays is based upon the amount of sunlight they have. Unless their structure is lighted on the inside they lay fewer eggs during winter months. There was ensuing discussion about setbacks and restrictions for locating structures. Commissioner Hutchins commented the guest speaker related that people tend to put their structures close to their homes for easier access to the chickens. Director Nielsen read provision 704-09 Subd. 2.i.2. which states "The applicant for arty permit required under the provisions of this chapter shall provide with the application the written consent of 75 percent of the owners or occupants ofprivately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that the applicant's property lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants ofproperty located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager, or other person in charge of the building." Council Liaison Woodruff stated the City Council asked the Planning Commission to address this because the City didn't have any regulations for this. He cautioned the Commission against trying to address every possibility because it could end up spending time on things that may never become an issue. The Commission should evaluate if what there is or will be after making changes discussed this evening is "good enough". 5. REVIEW DRAFT MASSAGE THERAPY LICENSE ORDINANCE Commissioner Hutchins stated City Code Chapter 311 Therapeutic Massage Licensing 311.03 Subd. I.b. states "Information on other names the applicant, partners, or officers have used or by which they have / been known." He asked if that only relates to other businesses they have been involved in or known as personally. He questioned if it should be their personal aliases as well as other businesses. Section 311.05 General Conditions of License Subd. l.c. states "Maintain necessary records on the premises documenting the training and certification of each therapist pursuant to section 311.06 of this chapter." He asked if employment should be included in that statement because employment records are referred to in Subd. 2 of that Section but it doesn't state what employment records are asked for. Director Nielsen / explained that in Subd. l.c. it refereed to employment training records at the company they are currently employed at. Hutchins stated in Subd. I.c. employment could be inserted between maintain and necessary. Council Liaison Woodruff stated he took Commissioner Hutchins's recommendation to mean information would be maintained on an employee's home address, phone number and date of employment and so forth. Director Nielsen stated that means contact information. Woodruff then stated in 311.02 Definitions the definition of massage therapy business states "... or other institution for the hospitalization or care of other human beings ...". He suggested removing the word other from that sentence. In 311.05 Subd. 2 Access to Records states "The owner or general manager of the facility must be present during business hours ..." He stated he doesn't think the City wants to require them to be present. That would be telling them how to run their business. There needs to be someone who can authorize the access to records. Commissioner Garelick asked if Staff has talked to any massage therapy business owners or general managers. Director Nielsen stated this is in response to a business owner who employs quite a few CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 6, 2011 Page 17 of 21 therapists to provide massage services at his location who expressed concern to the City about what it costs the therapists to get an individual license. Chair Geng stated with regard to employment records he asked what if it isn't an employer/employee relationship. For example, there is a manager of a massage facility and all of the therapists are independent contractors. He suggested Section 311.05 Subd. l.c. be modified to say "... records on the premises documenting the training, certification and contact information for each therapist..." Commissioner Charbonnet suggested Section 311.05 Subd. 2 be modified to say "... allow city inspection staff access to documentation in order to verify compliance with this section." Commissioner Amst stated the Knewtson Health Group in Shorewood has chiropractors, chiropractor assistants, physical therapists, massage therapists and other types of skilled professionals working there. The only workers this ordinance is regulating in that office are the massage therapists. Administrator Heck stated this ordinance excludes massage therapists who work in connection with a chiropractic office. Council Liaison Woodruff stated the definition for a massage therapy business specifically excludes "... a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for the hospitalization ...". He questioned if chiropractic offices and other medical professionals should also be excluded in the definition. Heck stated massage therapists who works in a chiropractic office would not be subject to this ordinance. This applies to a business that only provides massage therapy services; they are not connected with any type of medical practice. Council Liaison Woodruff stated the definition of massage therapist states "A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse ...... A massage therapist working in a chiropractor's office who is not a licensed chiropractor would not be included in the City's licensing requirements at all. Administrator Heck noted that under the proposed ordinance only the massage therapy business has to be licensed. Woodruff stated there could be a hole in the ordinance. Woodruff then stated he has a strong belief that any medical professional would not allow a massage therapist to operate in an inappropriate manner at their practice. Commissioner Hutchins stated Section 311.08 License Restrictions and Regulations Subd. 1. Display License states "Display current licenses in a prominent location at their place of employment;" He asked if it should say place of business. Director Nielsen responded it should. Hutchins then stated Section 311.08 Subd. 2. states "Upon demand of any police officer or Shorewood inspections staff at the place of employment, produce correct identification;". Hutchins asked what the correct identification is. Is it a driver's license? Nielsen stated that not everyone has a driver's license. It would be some type of personal identification card. Nielsen noted place of employment will be changed to place of business in 311.08 Subd. 2. Council Liaison Woodruff stated he thought there are few licensed massage therapy businesses in the City today. He noted that Commissioner Garelick had asked earlier if any of those business owners or managers had been provided the opportunity to comment on this ordinance amendment. He supported asking for that feedback once the ordinance does not include both the original and changed language. He stated it's not the City's intent to do anything onerous to them. Commissioner Garelick asked what a minimum of 500 hours of class credits signifies in the definition of massage therapist. Director Nielsen stated that seems to be the standard, it is in the current City Code and massage therapy schools seem to support it. Commissioner Hutchins asked what the next step is for this Code amendment. Director Nielsen stated he will revise the amendment based on this discussion. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JUNE 27, 2011 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Liz6e called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Li76e; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Administrator Heck; Finance Director De7ong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 5l0. 2. LICENSE AND PERMIT REVIEW Mayor Liz6e stated the meeting packet contains information provided by Staff about the various non - building permits and licenses the City issues. There is information about each one's purpose, the fee for it, the estimated annual revenue received from it, the statutory authority for some of them and changes for consideration. Following is a summary of the highlights of each of the permit and license policies the City has and the ensuing discussion about them. Dog Licensing Administrator Heck explained State Statute allows cities to adopt ordinances to regulate animals. The City has a dog licensing ordinance. The purpose of the license is to ensure dogs are vaccinated against rabies and to provide them with identification. The fee for the license is $10 annually and approximately 350 dogs are issued licenses each year. Several communities have eliminated their dog license ordinances and replaced them with requirements that dogs have rabies tags, owner information and that dogs have an identification chip. One of the primary reasons for repealing the ordinance was the revenues received from the licenses did not cover the cost to administer the program. Another reason is it's difficult to enforce compliance. After consideration, the City of Golden Valley decided to keep its dog license ordinance and increase the license fee because dogs that use the City of Minneapolis Dog Park must have a license. Heck stated Staff recommends Council consider including types of animals, such as farm animals, in the City's animal control ordinance. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 27, 2011 Page 2 of 8 Mayor LizBe asked if Council has a desire to modify the ordinance. She also ask prefer to have the Planning Commission discuss the possibility of expanding the control ordinance to include other animals. if Council would ve of the animal Councilmember Hotvet stated she thought the dog licensing ordinance should be kepi as is. She noted the City of Excelsior is planning to open a dog park and she is not sure if Excelsior will teq.uire the dogs that use that park to be licensed. She asked if cats need to have a license to which C cilmember Zerby responded no. Councilmember Zerby explained dogs that use the Lake Minnewashta Regional Park�ff-Leash Dog Park must be properly licensed and vaccinated. He asked what it costs the City to admini er its dog licensing program. Administrator Heck responded he did not know and he will fmd out. Councilmember Siakel suggested the Planning Commission review all of the non uilding permit and license programs and recommend what, if any, changes should be made. This coul I be included in the Commission's work plan. She stated she has some of the same questions already rr ntioned. She noted she thought having a fee for a dog Icense is reasonable. She stated if processing do Y license requests is part of someone's job description there isn't an additional cost to the City because it s factored into their time. She suggested farm animals also be addressed in the animal control ordinance. Councilmember Woodruff stated he concurred that farm animals should also be addressed. He commented that some mini horses are not allowed and large horses are. Director N elsen clarified mini horses are subject to the same regulations as large horses. Woodruff asked if a stat le permit should be required for more than horses. He agreed with Councilmember Siakel that the PI uming Commission should conduct a comprehensive assessment of the City's dog licensing, kennel I censing, and stable permit policies. Also, consideration should be given to regulating other types of all'allil LaIS. He commented that based on what he observed when he was out campaigning during the last City lection 350 dogs is about one twentieth of the number of dogs living in the City. Kennel Licensing Administrator Heck explained State Statute gives the Minnesota Board of Animal Health the specific authority to license kennels. The City requires residents who have more than two dol i to obtain a kennel license, but this doesn't meet the statutory requirement of a kennel. Domestic pets not fall under the statutory definition of kennel. The City can have some other type of license for resi nts who have more than two dogs; it just can't be called a kennel license. There was Council consensus to have the Planning Commission to reevaluate the C ty's animal control ordinance. That review should include the City's dog licensing, kennel licensin and stable permit policies as well as other domestic animals. Councilmember Siakel suggested Staff provide the Planning Commission with the in to make an in depth assessment of what the policies should cover. It should alsl enforcement requirements are for the various dog parks in the surrounding communi more residents don't license their dogs. She stated the requirement for dogs to be more consistently enforced. Councilmember Woodruff commented it's his recollection that both the South 1 Department (SLMPD) and the Excelsior Fire District (EFD) have indicated it them to have regulations consistent between their member cities. He stated he d mrmatron necessary research what the es. She asked why icensed should be Minnetonka Police Id be beneficial to think that the City CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 27, 2011 Page 3 of 8 takes into account animal waste impacts when it considers issuing a stable permit for a horse and he thought that should be discussed by the Planning Commission. Councilmember Zerby noted Excelsior requires dogs to be licensed and it has a $25 fee for dogs that have been spayed or neutered and a $40 fee for those that haven't been. The City of Tonka Bay's dog license fee is $32. Director Nielsen stated the Planning Commission has a long standing policy of not addressing cats. Councilmember Woodruff recommended cats be included in the discussion. Councilmember Hotvet stated if the City regulations are very different from the surrounding communities she suggested the Planning Commission assess if the City's could be revised to be more consistent. Garbage Haulers Administrator Heck stated this will be discussed at a future work session because Council directed Staff to bring back additional information about various options for organized garbage collection systems. If Council decides to convert to an organized system from an open system the licensing requirements would change. If the decision is made to continue with an open system then licensing will have to be discussed. Tree Trimmers Administrator Heck explained State Statute requires all tree care and tree trimming companies to register with the Minnesota Commission of Agriculture. There is a $25 fee for registering. It's unlawful for any tree care and tree trimming company to advertise in the State if it has not registered. The City requires tree care and tree trimming companies to obtain a license from the City as well to ensure they have proper insurance. The fee for the City's license is $30. Twenty companies obtained a license in 2010. He stated Council may want to consider discontinuing this requirement because of the State requirement. Director Nielsen asked how long the State has had its registration requirement in place. Administrator Heck responded that went into affect in 2002. Nielsen stated the last time there was a major storm in the City some tree trimmers took financial deposits from residents and then left before performing the services purchased. Director Brown stated the license requirement is the City's way to make these companies go through the process of ensuring they had the property credentials. Councilmember Zerby asked if companies are asked to provide proof that they have the proper credentials (e.g., State license, insurance, bonding). Brown responded yes, and he explained tree care and tree trimming companies have to reapply for a license annually and at that time they must provide their credentials. Councilmember Woodruff commented that based on his personal experience some companies will tell you they are licensed by the State, but when you push harder for proof you find out they are not. He questioned if the City has the wherewithal to enforce this requirement. Director Brown stated the first thing the Public Works Department does when it encounters a tree trimming company doing work in the City is ask for proof that it has obtained a license from the City. Brown then stated the license requirement gives the Public Works Department an opportunity to resolve some of the field issues that can arise if companies don't comply. Councilmember Siakel stated she agreed with Director Brown and she thought this somewhat touches on the requirements for solicitors and canvassers. She then stated there is also a public safety component to tree trimming. She recommended the only exception she can see to enforcing the City licensing requirement before work begins is when there has been a major storm and there are not enough tree trimmers to handle the work. She stated the residents should be educated about the need to ask companies CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 27, 2011 Page 4 of 8 for proof of being licensed with the City. Councilmember Hotvet cited that after North Minneapolis there was a concerted effort to educate residents about companies had been licensed by Minneapolis. Hotvet suggested publishing infor requirements in the City's newsletter each year. recent tornados in ng for proof that on about Iicensing Councilmember Zerby asked why there is a need for a State and City license fof tree care and tree trimming companies. He stated the residents could be educated about the need to a k for proof that the companies are registered with the State. Councilmember Siakel stated if there is an issue with the City requiring tree car and tree trimming companies to be licensed with the City when they are already licensed by the S that's one thing. If that isn't a problem then she thought there is not a problem with requiring them to a licensed with the City also. Councilmember Woodruff stated if the Public Works Department asks a company to has a State license and if it fails to provide proof then it has to quit working in the that is better than requiring companies to be licensed with the City. Administrator Heck explained the State Statute requiring tree care and tree trin register with the State does not prohibit local governments from requiring them to be Councilmember Zerby stated that from his vantage point if the City is going to take i he wants to make sure it's providing a service for that. He commented that the Cit quite simple. It asks for name, address, phone number, proof of insurance (inclu worker compensation insurance with the State and the necessary liability insur applicant must sign the form noting that the information provided is accurate. He a for proof that they have the necessary insurances. Director Brown responded it does. Cities of Deephaven and Wayzata also require companies to obtain a license from tl Hotvet noted that the Minneapolis requires companies to obtain a license from it. There was continued ensuing discussion about this topic because there were about keeping the license requirement. There was Council consensus to direct the Planning Commission to assess the pros requiring tree care and tree trimming companies to obtain a license with the City. Fireworks ce proof that it He then stated companies to icy for something license for this is g the appropriate ;e), and then the d if the City asks Thy noted that the i. Councilmember points of view cons for the City Administrator Heck stated the City requires a person/company to obtain a lic a in order to sell fireworks in the City and the fee for that license is $100. Two companies apply for su h a license. As part of the licensing process the City asks the EFD Fire Inspector to conduct an insp= 'on of the area. He suggested Council consider reimbursing the EFD for its time. Mayor Lizde explained she has spoken with EFD Chief Gerber about reimbursing the EFD for the cost of the inspection. She related that Gerber stated the EFD would appreciate receiving tl a fees provided the EFD member cities continue to administer the licensing process, noting the EF doesn't have the administrative resources to do that. She stated it would be beneficial to both the EFI, and the SLMPD if the member cities had consistent ordinances that they are supposed to enforce or pr vide other services for. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 27, 2011 Page 5 of 8 Councilmember Woodruff stated from his vantage point he thought the EFD member cities were already paying to have this type of inspection service provided. He then stated if the EFD Board believes the member cities should reimburse the EFD for providing this type of service then it should ask the member cites to consider that. There was consensus to leave the fireworks policy the way it is and not reimburse the EFD for fireworks related inspections. Lawn Fertilizer Applications Administrator Heck explained State Statute authorizes the Minnesota Department of Agriculture (MDA) to regulate the manufacture and application of fertilizers. The MDA requires all persons who apply fertilizer for hire obtain a license from it. It's his interpretation Statute prohibits a local unit of government from adopting or enforcing any ordinance prohibiting or regulating the registration, labeling, distribution, sale, handling, use, application or disposal of turf fertilizer that contains phosphorous. The City's requirement to license lawn fertilizing applicators for hire is in conflict with State Statute and this licensing ordinance needs to be repealed. He noted that he has forwarded information about this to the City Attorney for his review and comment. Councilmember Woodruff stated the City could still license for -hire fertilizer applicators of non - phosphorous and other products. There was consensus to wait for the City Attorney's interpretation of State Statute. Solicitors and Canvassers Administrator Heck stated the majority of cities have ordinances regulating solicitors and canvassers. The City's ordinance requires individuals to under go a background check which is conducted by the SLMPD. The City's fee for that is $50. The City charges more for other background checks it requires. Based on feedback received from SLMPD Chief Litsey, the City may need to amend its ordinance to allow for the background checks. Councihmember Zerby asked if the $50 fee covers the cost of the background check for both the City's administration and the SLMPD's work. Administrator Heck responded he does not know what those costs are and noted the cost for a therapeutic message license check of credentials is $100 and those checks are not done by the SLMPD. Councilmember Woodruff stated based on his experience solicitors and canvassers often don't know there is a need to be licensed with the City because they were dropped off in groups to do their work. In response to a question from Woodruff, Administrator Heck explained that he thought the only exemption there is for solicitors and canvassers is political soliciting and canvassing. Woodruff asked what the requirements are for high school sports players, for example. Director Nielsen commented he thought organizations such as boy scouts and girl scouts are exempt. Administrator Heck stated the City often doesn't have sufficient time to process these types of license applications. He clarified he was not implying the City should quit licensing solicitors and canvassers. Councilmember Siakel questioned if the City could differentiate the licensing requirements by for -profit organizations and not -for -profit organizations. She expressed her concern with allowing bus loads of unauthorized people being dropped off in the City to canvass or solicit the area. She again stated the CITY OF SHOREWOOD WORK SESSION MEETING MINL" I'ES June 27, 2011 Page 6 of 8 residents should be encouraged to ask solicitors and canvassers to produce proof with the City. Councilmember Hotvet asked if the EFD's, SLMPD's and City's costs are being is charged. Councilmember Siakel asked how many license applications the City receil canvassers. Administrator Heck stated it varies, and explained the license fee is asked if the licensees are given proof that they are licensed. Director Brown noted Councilmember Woodruff stated he has no sympathy for those individuals who a insufficient time for the City to process it and don't get one by the time they need it. they are licensed by the fee that for solicitors and individual. Siakel are. for a license with Councilmember Zerby stated the City's ordinance states not -for -profit organizations are exempt from paying a fee. It does not stipulate they don't need to obtain a license. He questioned hat the policy is for garage sales. Administrator Heck stated he will research this further and bring more information Do to lack of time the following remaining items were discussed only briefly. Lawful Gambling Administrator Heck explained the State licenses all lawful gambling operations an( approval. The City adopted an ordinance requiring the licensing of lawful gambling some control over the operations. The City assesses a fee of $50 for temporary lie( biannual license. Due to a change to State Statute cities are now prohibited from City's ordinance needs to be amended to remove the fee requirement. Councilmember Siakel asked if revenues from the sale of pull tabs are in part community. Administrator Heck stated currently the City does not require a pt be put toward something that is for the good of the community. to Council. s provide their ities to provide and $100 for a sing a fee. The the good of the of the revenues Councilmember Woodruff stated he does not support requiring some portion of a revenues to be directed to the City because the enforcement of that would be very difficult. He oted the American Legion makes donations to various community events. Councilmember Siakel stated she is not aware of whether or not the Legion does that. Woodruff stated he thought the representati s from the Legion could come and talk to Council about what it does. Liquor License Administrator Heck explained State Statute gives cities the authority to license the o sale and off -sale of intoxicating and non -intoxicating liquor. The fee for the licenses is defined by the S ate. The license fee is used, in part, to conduct a background check on the owners of the establishr ients as well as to supplement some of the funds the SLUM gets for conducting compliance checks d education Staff recommends leaving the liquor license policy and fee as is. Tobacco License CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 27, 2011 Page 7 of It Administrator Heck explained Council needs to decide if it wants the City to continue to license sellers of tobacco products or to have that done by Hennepin County. There are three establishments in the City that are licensed to sell tobacco products and the fee for a license is $250. The SLMPD has done compliance checks on the establishments selling tobacco products and there have been instances where they have been in violation of selling products to minors. The fine for selling to motors ranges from $75 to $250. He indicated he thought the fine limits are regulated by State Statute. Councilmember Siakel stated she thought the fine was too little; the fine should be a $1000. Councilmember Hotvet stated she thought the licensing responsibility should remain with the City. Message Therapist Administrator Heck explained there is one massage therapy business in the City and he thought Ridgeview Clinic also has a therapist. The license fee is $50 for each individual practitioner and the fee for a background check is $100. The background check is a staff review of the paperwork submitted including a check of the educational requirements. There are outstanding questions of whether the fee should apply to the establishment or each individual therapist and whether or not the licensing fees should be prorated. The prorating question applies to all of the licenses. He recommended the Planning Commission discuss this item. Councilmember Siakel asked why the City does a background check on the individual practitioner, noting most employers do a background check when they are hired. She thought the City should be more concerned with the business. Councilmember Zerby commented the City pretends to do a background check. Administrator Heck stated a lot of cities license just the establishment. He then stated there are independent contractors who work for chiropractors and they need a license to work in the City. Director Nielsen stated the Planning Commission drafted the massage therapist license ordinance a few years ago. There was concern that there could be potential mischief going on in massage therapy operations. Nielsen explained staff does check out a practitioner's credentials when they apply for a license. He commented that massage therapy schools have thanked the City for checking the credentials as part of the licensing process. He stated he was not sure if $50 is the appropriate fee. Councilmember Woodruff suggested that if a person applies for a license between January I" and June 30t" the fee should be $50 for a one-year license. If they apply between July I" and December 31" the fee should be $50 and it should be valid through the end of the next calendar year. Councihnember Zerby suggested the term of the license be a rolling twelve months; it would be valid for twelve months from the time it was issued Councilmember Woodruff stated he could support that as did Councilmember Siakel. There was Council consensus to send this back to the Planning Commission for review and recommendation. Adult Entertainment Establishment Administrator Heck stated Staff recommends leaving this ordinance as it is. Special Event, Parking, Recreational Firc, and Open Burning Permits CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June27,2011 Page 8 of 8 Administrator Heck explained there is no charge for special event, parking, recre burning permits. The special event permit is to make the City, the EFD, and the homeowner is going to have a large event at their home. There needs to be emergency vehicles will be able to traverse the roadways. Parking permits are on! along Christmas Lake Road, Christmas Lane and Merry Lane. The residents petitic doesn't believe there is any need to change that. The City doesn't process the rc requests or the open burning requests; it only hands out the permit applications. onal fire, and open .MPD aware that a ime assurance that issued for residents ;d for that and Staff eational fire permit Councilmember Hotvet stated she has received emails from residents expr4sing concern about recreational fires and open burning with regard to the frequency of the fires, how If ng the fires burn and what's being burned. She then stated there has been a lot published about the h Ith issues associated with breathing smoke from the fires. She suggested this be discussed in more depth in the near future. Police and Fire False Alarms Administrator Heck explained the City assess a fee of $100 for the third false ala* for police response and a $200 fee for the second false alarm for fire response in a twelve-month period{ He asked if the EFD should get the majority of the fire response fee being it incurs most of the cost. Rental Housing Administrator Heck explained Staff is currently working on an amendment the rental housing ordinance to incorporate a requirement for well water testing. Director Nielsen suggested the $60 fee for a three-year license be increased tj $75 — $90 to cover administrative costs. Councilmember Zerby asked what other surrounding citie charge for a rental housing license. Nielsen stated he will get that information for Council. 3. ADJOURN Siakel moved, Zerby seconded, Adjourning the City Council Work Session f June 27, 2011, at 7:08 P.M. Motion passed 5/0. 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