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Home My WebLink About02/26/02CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304• (763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda February 26, 2002 Andover City Hall 7.00 n.m. 1. Call to order 2. Approval of Minutes — February 12, 2002. 3. Public Hearing: Lot Split (02 -01) to create two rural residential lots for Matt and Tara Kuker for property located at 16055 Makah Street NW. 4. Public Hearing: Special Use Permit (02 -04) for a therapeutic massage home • occupation for Rachel Monson on property located at 14279 Vale Street NW. 5. Public Hearing: Special Use Permit (02 -01) for a water treatment facility in a' rural residential zoning district for the City of Andover on property located at 1813 Crosstown Boulevard NW: 6. Other Business 7. Adjournment --------------..------- e CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763)-755-5100 FAX(763) 755-8923 February 26, 2002 2. Approval of Minutes Planning Courtney Bednarz ReQuest The Planning and Zoning Commission is asked to approve the minutes from the February 12,2002 meeting, e e -- " , CITY of ANDOVER PL4NNING AND ~ONING COMMISSION J,{EETING -:- E'EBRUARY 1112002 The RegUlar Bi- Monthly Meeting of the Andover Planning. and Zoning Commission was . calledtci order by ChairPerson Jay Squires on February 12, 2002, 7:01 p.m., at the Andover'City Hall, 1685 Crosstown BoulevardNW, AndoVer, Minnesota.. . . . Chairperson Jfiy Squires, CoimnissionersTim Kirchoff, . M;u-k Hedin, Douglas Falk,Tony Gamach~, Rex Green'Yald, and Deanpaninger, Motl.'onb.y bamnge. r,.sec.ohd6d bY.Hed.ln.,.toa.pp.rov..e the... min." utes as. pro ese.n..t6d.;.'.M.. otion carried on a 5~ayes,0-nays, 2-present(Garnacheand Gret;:nwald), O-absent vote.. , . . .. '. -.... .. "'-. . ,'-. .-,'.-, . .-' .... Pf//JUCHEAlUNG: L(}T SPUT (02~Ol). tOC:REATETWOillfRAL RES/PENTIAL LOTS FOR M.ATT ANDTARAKUKER F()RPROPERTY LOCA. TED AT T60$5MAKAHSTREETNW Chair Squires question~d if it' SCOITeet to say that they Mven't demonstratedbuildability. Mr.. Bednarz stated that what the applicant has giveilstaJfhasn't demollstrated buildabiiity. He mentioned that there is additional_site \york _that needs tobt;: done, howt)vernothing has bet)nsubmitted. .. , . Chair Squires questioned when the applicatiotlwas subnritted. . Mr:Bednarz stated that . the application was submitted shortly after the first ofthe'year;' . w Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2002 Page 2 Chair Squires stated that it becomes difficult since the Commission has a 60 -day rule they must follow. Mr. Bednarz stated that the Commission could table the item and staff could see if the applicant would be willing to agree to an extension prior to the next Planning Commission meeting. Chair Squires mentioned that the Commission also has to allow time for the Council to take action on the request. Mr. Bednarz mentioned that to his knowledge it shouldn't be a problem to receive a letter of extension from the applicant. Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:06 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Motion by Falk, seconded by Hedin, to table the request for a Lot Split (02 -01) to create two rural residential lots at property located at 16055 Makah Street NW for Matt and Tara Kuker until more information is available. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. PUBLIC HEARING. SPECIAL USE PERMIT (02 -03) FOR A HOME OCCUPA TION (PROFESSIONAL OFFICE) INAN A CCESSOR YBUILDING A T 3482165 LANE NW FOR MARK HEDIN. • Commissioner Hedin stepped down from the Commission for this discussion. • Mr. Bednarz explained that the applicant is seeking approval of a home occupation to operate a professional office out of a proposed detached accessory building on the subject property. The attachments in the staff report describe the location and provide a floor plan for the proposed structure. The applicant has indicated the building will be finished to match the exterior of the existing house. The proposed detached building would be 768 square feet in size and include general storage space as well as office space. The structure would meet the accessory structure requirements of Ordinance 8 in terms of size, location, and exterior materials. The floor plan indicates that approximately 363 square feet of the proposed building would be used for office space. Mr. Bednarz stated that the office use would include visits from clients. Parking for clients is available in the driveway. The driveway is approximately 80 feet long. Several letters of support for the proposal were submitted to the City and were included in the staff report. He stated that if approved all applicable ordinances would be required to be met. Commissioner Kirchoff questioned if it's correct to say that under Section B of the ordinance that subheadings "a" through "j" all apply. Mr. Bednarz stated that is correct. Commissioner Falk questioned if the City has ever had anything like this before, where . someone was requesting to use an accessory building for a home office. Mr. Bednarz stated that the City has had a number of applications to use an accessory building for a 4 Regular Andover Planning and Zoning Commission Meeting • Minutes — February 12, 2002 Page 3 home occupation, however most often the uses have been mechanical or storage and not home office. Commissioner Greenwald questioned if Tulip Street is paved or if it's a gravel road. He also questioned the amount of traffic that would be generated by the business. The Applicant Mark Hedin stated that it would be no difference than him going out to see his clients. Chair Squires questioned the ordinance and what exactly are the permitted home occupations. Commissioner Kirchoff mentioned that when looking at the ordinance under Section B2, or B3 a home occupation of this kind isn't listed. Mr. Bednarz agreed that this section of the ordinance isn't as clear as it could be. He went on to explain that all home occupations in an accessory structure require a Special Use Permit. - Commissioner Kirchoff stated that he views a professional type use as less obtrusive as cabinetmaking or any of the other uses that are listed. Chair Squires stated that to his knowledge the City has never had a request such as this, • however the intent was that those uses less obtrusive than the ones listed could be in an accessory structure. He stated that it seems strange that the ordinance allows uses such as cabinetmaking and other heavy type uses, however it doesn't technically allow professional type uses. Chair Squires stated that in his mind the ordinance needs to be re- evaluated and possibly modified. Motion by Greenwald, seconded by Daninger, to open the public hearing at 7:19 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- abstain ( Hedin), 0- absent vote. There was no public input. Motion by Falk, seconded by Kirchoff, to close the public hearing at 7:19 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- abstain ( Hedin), 0- absent vote. Commissioner Daninger mentioned that if the Commission over analyzes the ordinance it could be interpreted in different ways. Chair Squires stated that he feels the application is a proper use. He stated that he feels the Commission should forward the request on to the Council, along with also requesting the ordinance to be re- evaluated. • Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. , approving the Special Use Permit request of Mark Hedin for a 0 Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2002 Page 4 home occupation professional office to be operated out of an accessory structure on the property located at 3482 165`" Lane, in addition that the City ordinance be re- evaluated for possible modifications. Motion carried on a 6 -ayes, 0 -nays, 1- abstain ( Hedin), 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the March 2, 2002 City Council meeting. OTHER BUSINESS Mr. Bednarz along with the Commission welcomed Tony Gamache as the newly appointed Commissioner. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the City has recently hired an individual named Will Neumeister from Brooklyn Park to take the Community Development Director position. Mr. Neumeister will report for work on Monday, February 25`". — • PHOTOGRAPH OF COMMISSION FOR CITY NEWSLETTER The Commission planned to take the picture for the City newsletter immediately • following the meeting. ADJOURNMENT Motion by Falk, seconded by Hedin, to adjourn the meeting at 7:26 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sara Beck, Recording Secretary Timesaver Off Site Secretarial, Inc. • TO FROM Planning and Zoning Commissioners Courtney Bednarz, City Planneq; SUBJECT: PUBLIC HEARING: Lot Split (02 -01) to create two rural residential lots at property located at 16055 Makah Street NW for Matt and Tara Kuker DATE: Februrary 26, 2002 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two rural residential lots. The existing house and detached garage will remain on one of the lots. DISCUSSION The property owner has still not demonstrated buildability as required for rural lots. The • applicant has submitted a letter requesting the city to extend the review period for this item. This item will not be placed on an agenda until the required materials have been submitted. Attachment Location map RZsec' lly sub fitted, Co urtn y Bedn Cc: Matt and Tara Kuker, 16055 Makah Street NW CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVERMN.US • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne>(� SUBJECT: Public Hearing: Special Use Permit (02 -04) for a therapeutic massage home occupation for Rachel Monson on property located at 14279 Vale Street NW. DATE: February 26, 2002 INTRODUCTION The Planning and Zoning Commission is asked to recommend approval of a therapeutic massage home occupation. DISCUSSION Applicable Ordinances Ordinance 110 (attached) regulates massage businesses and services within he City of Andover. This ordinance requires a Therapeutic Massage License that must be renewed annually. The applicant must undergo a background check, provide proof of insurance, provide a description of services and meet minimum education requirements. Once open for business, the business must maintain an appointment calendar and continue to follow a number of performance criteria described in Ordinance 110. The Ordinance has been written to allow licenses to be denied or revoked if these criteria are not met. Comparison of Proposal to Applicable Ordinances The applicant has provided a description of services, and documentation to demonstrate her education and proof of insurance. An existing room in the basement of the house will be utilized for the business. This room has been inspected by Building Department and was found to be in compliance with the Uniform Building and Fire Codes. Additional Information The applicant has submitted a letter summarizing the details of the proposed business. Attachments • Resolution Location Map Letter from Applicant Public Notice • RECOMMENDED ACTION Recommend Approval of Special Use Permit (02 -04). 4 ectRefully sub itted, y z Cc: Rachel Monson, 14279 Vale St NW • C� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF RACHEL MONSON FOR A THERAPEUTIC MASSAGE HOME OCCUPATION FOR PROPERTY LOCATED AT 14279 VALE ST NW. WHEREAS, Rachel Monson has requested a Special Use Permit for a therapeutic massage home occupation for property located at 14279 Vale St NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 110, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for a therapeutic massage home occupation on said property with the following conditions: 1. The hours of operation shall be Monday through Friday Sam to l Opm. 2. All aspects of the home occupation shall conform with the requirements of Ordinance 110. 3. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 4. This Special Use Permit shall be subject to review at anytime the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 5. Subject to Building Official and Fire Chief inspection. 0 Adopted by the City Council of the City of Andover on this of , 2001. CITY OF ANDOVER Rachel Monson Special Use Permit Home Occupation - Therapeutic Massage Location Map w�E Andover Planning L .J • ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor Section 6. License Application: RECEIVED a) Therapeutic Massage Establishment License: 1)a) Joseph Raymond Erickson (home owner) FEB 1 ° L 'n- 14279 Vale St. N.W. Andover, MN 55304 CITY OF ANDOVER Rachel Melody Monson (Massage Therapist) Same as Above b) The house is a two level split with a small room in the basement at the front of the house. This room is set up and remolded /designed in purpose for me to do massage out of. The bedrooms and main bathroom are on the main floor and away from this room with two doors in between. One door the massage room door and the other the lower level door to the upstairs or entryway. The lower level does have its own functional bathroom with toilet and sink. Our driveway is as wide as our three -car garage and plenty of room to have clients park at the North end, this way they are off the city streets and out of way of local patrons. c) Joseph and I have never been convicted of any crime or offense. d) N/A e) The service I wish to provide from my home is Massage Therapy. A therapeutic massage benefits others by increasing circulation and range of motion. Massage helps to remove toxic waste from our bodies, which in return makes us feel better, and increases energy levels. Massage helps reduce effects of stress, painful or tight muscles, and helps in the healing process from acute injuries from accidents or developmental injuries from everyday living. Massage helps prevent new injuries from happening by relaxing unbalanced muscles or chronic tension in muscles. Massage helps promote better posture and overall better health. I will provide Sport Deep/Tissue, relaxation, reflexology, pre /post natal, and chair massage. These are all types of massage I have been trained in and have been practicing for two years. I work part-time for Dr. Schadow Chiropractic in Coon Rapids and have been a traveling Massage Therapist for a year and a half. I love my job and hope to further my business by working mostly out of my home. Attached is a copy of my hours of training completed, liability insurance, and a client health form that I require all my clients to complete before a massage, and that I keep notes-gn with their changes from massage. Thank You, CURRENT RESIDENT SKAADEN GAIL R CURRENT RESIDENT 14315 VALE ST 14315 VALE ST NW 14303 VALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 STOLSKY PAUL J CURRENT RESIDENT CHRISTISON SCOTT N 14303 VALE ST NW 1124 143RD AVE 1124143RD AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CU T RESIDENT CURRENT RESIDENT 0 1093 143RD AVE AN MN 55304 ANDOVER, MN 55304 ALMQUIST TODD A & MICHELLE M CURRENT RESIDENT SLUSAR NATE E & MELISSA M 1093 143RD AVE NW 14319 WINTERGREEN ST 14319 WINTERGREEN ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT SKAADEN GAIL R CURRENT RESIDENT 14315 VALE ST 14315 VALE ST NW 14303 VALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 STOLSKY PAUL J CURRENT RESIDENT CHRISTISON SCOTT N 14303 VALE ST NW 1124 143RD AVE 1124143RD AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT DE LA FOREST CHRIS & KAREN 1117143RD AVE 14316 TAMARACK ST 14316 TAMARACK ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT ODONNELL TIMOTHY M & NANCY J CURRENT RESIDENT 1112 143RD AVE 1112 143RD AVE NW 14290 VALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 MCCANN DAVID B & DANA E CURRENT RESIDENT LARSON JEFFREY S & SHANTELLE M 14290 VALE ST NW 14291 VALE ST 14291 VALE ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT HUTCHINSON THOMAS E PORWOLL THOMAS J & MARGARET J 14304 TAMARACK ST 14304 TAMARACK ST NW 1117 143RD AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT FLICKINGER SCOTT A & DEBRA E CURRENT RESIDENT 14278 VALE ST 14278 VALE ST NW 14279 VALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ERIN JOSEPH R CURRENT RESIDENT SCHWINGLER SCOTT D & CATHERINE 14279 VALE ST NW 1123 142ND W 1123142ND LN NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1. PURPOSE. The purpose of this ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of the ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic massage establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law- enforcement services, because such • businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. MassaLye Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this ordinance. OfU-Site Therapeutic Massage Services - massage services conducted away from a licensed massage establishment. Such off -site massage service locations shall include, but not limited to, businesses and private homes. (110B, 6/1/99) On -Site Therapeutic Massage Services - massage services conducted at a licensed massage establishment. Such on -site massage service locations shall include, but not be limited to businesses and private homes. (110B, 6/1/99) Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic Massage - The practice of applying pressure on, or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above - described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic Massage Establishment - An establishment in the business providing therapeutic massage services (on -site and off -site) to the public. (110B, 6/1/99) 0 SECTION 4. LICENSING REQUIREMENTS. a. Therapeutic Massage Establishment License. It shall be unlawful for any person to directly or indirectly, upon any pretense of by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made, or any money or thing of value is solicited or received, except a therapeutic massage establishment as defined in Section 3, and then only after first obtaining a duly issued license therefore from the City. A person who operates an establishment described in this Ordinance without a valid license issued the city shall be guilty of a misdemeanor offense. b. Therapeutic Massage Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City of Andover without first having obtained a Therapeutic Massage Therapist License. A person who practices, administers, or provides massage services as described in this ordinance without a valid license issued by the city shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and • places: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above - described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach of trainer. 5. A beauty parlor of barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: (110A, 1/6/98) 1. Scalp, face, neck and shoulders associated with a scalp massage. 2. Hands to elbows associated with a manicure. 3. Feet to knees associated with a pedicure. • SECTION 6. LICENSE APPLICATION. a. Therapeutic Massage Establishment License Application. An application for a therapeutic massage establishment license shall be made on a form supplied by the city. 1. Initial License Application. all initial applications shall be accompanied by a non - returnable investigation fee in the amount set forth by council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lessees, operators, massage therapists of the proposed therapeutic massage establishment. b. A legal description and location of the premises. c. Information as to the conviction of any crime or offense committed by anyone listed on the application. d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein. e. A description of services to be provided. f. Such other information as the City Council may require. Prior to consideration of the application by the City Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this ordinance of all premises proposed to be licensed, and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by council resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lessees, operators, or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, operator, or massage therapist. The Code Enforcement Officer, Building Official, and/or Anoka County Sheriff's Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the city a Public Liability Insurance Policy or Certificate of Insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the Therapeutic Massage establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. b. Therapeutic Massage Therapist License Application. An application for a Therapeutic Massage Therapist License shall be made on a form supplied by the city. All applicants shall be at least eighteen (18) years of age. 1. Initial License Application. All initial applications shall be accompanied by a non - returnable investigation fee in the amount set forth by council resolution. Each application shall contain: a. The name, age and address of the applicant. b. The length of experience in this occupation and the past places of employment and position held. c. A description of any crime or other offense, including the time, place, date, and disposition for which the applicant has been arrested and convicted. d. A statement as to whether the individual has had any license denied, revoked, or suspended in the City of Andover or the State of Minnesota, the reason therefore, and the business activity or occupation of the individual subsequent to such suspension, revocation, or denial. A background check from the Bureau of Criminal Apprehension shall be required prior to issuance of a license. The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk, who will submit all of the reports and recommendations to the City Council. The council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a Therapeutic Massage Therapist license shall furnish with the application proof of graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in- class, teacher supervised instruction of which no more than 200 hours shall be clinical training. (110A, 1/6/98) 3. Renewals Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by council resolution. The Code Enforcement Officer, Building Official, and/or Anoka County Sheriff's Department may conduct an investigation prior to any renewal. 0 i SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION. 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation, or suspension of the license if convicted of any violation reasonably related to the licensed activity and/or occurring on the licensed premise, of any City Ordinance or Federal or State Statute. 3. It shall be grounds for the denial, revocation, or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation, or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs or controlled substances on the premises for which they are licensed to operate, possession of which is illegal as defined in Minnesota Statutes or Andover City Ordinances. 5. It shall be grounds for the denial, revocation, or suspension of the license if the . licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation, or suspension of the license if the applicant fails to provide all the information and certificates required by this ordinance. 7. It shall be grounds for the denial, revocation, or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 8. It shall be grounds for the denial, revocation, or suspension of the license if the licensee is found to be violating provisions of this ordinance. SECTION 8. SANITATION; APPOINTMENT CALENDAR; RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off -site massage services as permitted by the Zoning Ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off -site massage services. The Code Enforcement Officer, Building Official, and/or other city representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this section. 2. Appointment Calendar. All Licensed Massage Therapists shall keep a record of all off - site massage services performed. The record shall be legible, written in ink and in the • English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed, and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection to the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 10:00 p.m. and 7:00 a.m. c. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition the above rules, regulations, and restrictions, the City Council may, upon notice and hearing, promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this ordinance to protect the public health, to provide for safe • and sanitary operation of Licensed Therapeutic Massage establishments, to provide for the safety of therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment, and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules, and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this ordinance, the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business, and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city and Anoka County Sheriff's Department in writing of any change indicating the name, address, and date of birth of the new manager, and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, of convert buildings or facilities for use as • therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the 7 • building code or fire code do not impose more restrictive requirements, the provisions of this ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. 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 ordinance, whether individually or in connection with one or more persons, or as principal, or 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 ordinance, is likewise guilty of a misdemeanor. Each violation of this ordinance shall constitute a • separate offense. Conviction of a violation of this ordinance shall be grounds for suspension or revocation of any license issued hereunder. SECTION 14. VALIDITY AND EFFECTIVE DATE. This ordinance shall be effective from and after its passage and publication according to law. Adopted this 1 st day of August, 1995, by the City Council of the City of Andover. CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: Victoria Volk City Clerk Amended 110A, 1/6/98; 110B, 6/1/99 n U CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 • FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City P1an4 SUBJECT: PUBLIC HEARING: Special Use Permit (02 -01) for a water treatment facility to be located at 1813 Crosstown Boulevard NW for the City of Andover DATE: February 26, 2002 INTRODUCTION The Planning and Zoning Commission is asked to recommend approval of a special use permit to allow a water treatment facility to be located at 1813 Crosstown Boulevard. DISCUSSION The subject property is zoned Rural Residential (R -1). Public utility uses, including water treatment facilities, require a special use permit to be located in any residential district. Bolton and Menk, Inc. have been selected as the design consultant for this project. They have provided a boundary survey and elevations. A memorandum from Scott Erickson, City Engineer is also attached. A representative will be present at the meeting to describe the facility and answer questions. Site Design The water treatment facility will share an access to Crosstown Boulevard with Public Works. The parking and loading areas will be located on the east side of the building to face Public Works, although there will be an overhead door on the north side of the building facing undeveloped property to the north. The site plan will be presented at the meeting. Building Design The structure has been designed to complement the City Center Campus. The majority of the structure will be approximately 25 feet in height. An effort has been made on the south and east sides of the building to lower the roofline and provide some architectural detail. The building will be faced with masonry siding to match City Hall. • Construction Schedule It is anticipated that site preparation will begin this year and that construction will be completed in July of 2003. RECOMMENDED ACTION Recommend approval of Special Use Permit #02 -01. Attachments Resolution Location Map Memorandum from City Engineer Time Schedule Floor Plan Elevations Public Notice • Resqrtt lly sub itted, Cou n • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE CITY OF ANDOVER TO CONSTRUCT A WATER TREATMENT FACILTIY ON PROPERTY LOCATED AT 1813 CROSSTOWN BOULEVARD NW. WHEREAS, the City of Andover has requested a Special Use Permit to construct a water treatment facility on residential property located at 1813 Bunker Lake Boulevard; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.26 and • WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. Building and Fire Department review and issuance of a building permit. Adopted by the City Council of the City of Andover on this _ day of , 2001. CITY OF ANDOVER Eval:LW Michael R. Gamache, Mayor 0 Victoria Volk, City Clerk City of Andover Special Use Permit Ah Water Treatment Facility 2165 1 4 7 5 15450 1547b � 15473 15 466 ` 15461 154TH W- 2170 2720 2060 � � � g�\ N_ '5420 t m N nns _ i 115 @I 1�1] N N 14mi rv� Iae➢➢ l \ 021 le f ta[6 tit 1969 i 191g 14744 14722 1970 1920 1 14789 1 I -- 989 1919 14769 0 Project Location Map V RI �1 0 11 R 15302` 1— N W J z z = 15211 0 15026 1900 15400 Andover :ommunitj School 14950 Z P 1949 m 1901 1853 1831 148TH LN 8I V R. B p 148TH AVE p m H^ c I �1 n ti n n n m m to 15084 �y➢ >� tsm Isle 150TH LN 1 t5@e YJmJ IS@t I!@5 ' tm 19 @� t5W➢ t5W0 15@I 1fU trot➢ @'tsmr IW � tYM t5@t 1 ➢�B �{ �Q� 1K W'' tKel ta➢] K '�� O Ia➢]t IK tam 149TH LN. JaK ul 1524�P i '^ %2 t2 n 1481 a4= I ➢eK uuI 1516 148 Iaa,. 1 ➢611 N - W�E b City of Andover Planning Department 15318 f� p @ W O J m Z 0 u, ' CITY CO 178 LL Andover :ommunitj School 14950 Z P 1949 m 1901 1853 1831 148TH LN 8I V R. B p 148TH AVE p m H^ c I �1 n ti n n n m m to 15084 �y➢ >� tsm Isle 150TH LN 1 t5@e YJmJ IS@t I!@5 ' tm 19 @� t5W➢ t5W0 15@I 1fU trot➢ @'tsmr IW � tYM t5@t 1 ➢�B �{ �Q� 1K W'' tKel ta➢] K '�� O Ia➢]t IK tam 149TH LN. JaK ul 1524�P i '^ %2 t2 n 1481 a4= I ➢eK uuI 1516 148 Iaa,. 1 ➢611 N - W�E b City of Andover Planning Department 15318 n u Memo Ta Courtney Bednarz, City Planner From: Scott Erickson, City Engineer CC: Date: 2/2212002 Re: Water Treatment Plant The City of Andover operates a water supply and distribution system, which serves a population of 14,800 customers with a projected growth to over 28,000. Due to regulatory issues stemming from the occurrence of arsenic in the water supply as well as dissatisfaction with the water quality in terms of iron and manganese, the City of Andover has developed a plan for improving the water quality provided to the customers. These improvements include the following: construction of a water treatment facility; construction of a 1.5 million gallon under ground storage reservoir; construction of a pumping facility for • new Well #8 and all piping connections from Wells 4, 5, 6, 7 and future Well #8. The City has purchased a 2.2 acre parcel of property just west of the Andover Public Works garage for the location of the water treatment plant. The water treatment facility will be a gravity filtration process which will be housed in a brick building and will be designed to filter 6,200 gallons per minute. The building footprint and elevation plans are attached. Mr. Brian Kraabel, City Utility Supervisor, will be present at the meeting to answer any questions the commission may have regarding this project. • 0 0 Andover, Minnesota Water Treatment Facility DESIGN SCHEDULE December 10, 2001 BMI Project No. M23.33016 • Project Workshop Dec. 5, 2001 at 9:00 a.m. Pilot Plant On -Site Nov. 26 –Dec. 21, 2001 Site Survey Dec. 10-14, 2001 Evaluation of Alternatives/Prepare Design Report Dec. 10, 2001 –Jan. 18, 2002 Geotechnical Investigation/Report Jan. 7 -11, 2002 — Cost EstimateNalue Engineering Review Jan. 16 –Jan. 21, 2002 Council Workshop January 22 -25, 2002 Begin Final Design Jan. 28, 2002 Minnesota Dept. of Health Submittal Set March 15, 2002 Cost EstimateNalue Engineering Review March 18 -20, 2002 Final Plan Revisions March 20 –March 27, 2002 Advertise for Bid March 29, 2002 Bid Date April 25, 2002 Council Award Contract May 7, 2002 Contractor Commences Work May 18, 2002 Water Treatment Plant Placed On -Line May 19, 2003 Final Completion of All Facilities July 31, 2003 0 Q:1 Andover1M23330161DesignSchedule .doc F�. -• � . • :,i;' gym, -1 • C.1TI �_• ,��"!"�� ! i =ce -�+7, ► �_ �, WELL TYPICAL �■A • iiT. \ •TI ®� OF t Til w m n a� arm • El • 0 • 71 9X y' 40 Ail N4 a. lki, Y�4 X 1� ,� ,fix'. � d �f�4�1S; .?, I 'll- J MMj ' I e RT � F y 5 N 4 • 9 iT • - ' 4 ; A yll�� re rTM r a s � 9 - rryy r k � r5 Io• N Y i I A Y u; r 3� Yi b A 1 r� M1 a[ y M1.Y Iy !yam .? � 1� � ' • � 4"��'�fJ�..� W � y WT` M w �"�•F a „�v , 0 k - ' 4 ; A yll�� re rTM r a s � 9 - rryy r k � r5 Io• N Y i I A Y u; r 3� Yi b A 1 r� M1 a[ y M1.Y Iy !yam .? � 1� � ' • � 4"��'�fJ�..� W � y WT` r� L. J r � U OSTROWSKI FREDERICK J CURRENT RESIDENT CURRENT RESIDENT 1 CROSSTOWN BLVD NW 1853 CROSSTOWN BLVD 11831 CROSSTOWN BLVD DOVER, MN 55304 Andover, MN 55304 Andover, MN 55304 223224420008 223224420011 223224420004 CURRENT RESIDENT SLYZUK KENNETH L & M A 1900 CROSSTOWN BLVD 15211 NIGHTINGALE ST NW Andover, MN 55304 ANDOVER, MN 55304 223224430002 223224420002 0