04-412�.
Presented
Refened To
Committee Date
WIIEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20030005013) for a
Tattoo Pazlor License by Joann M. Sparstad, doing business as Adom, 647 Ashland Avenue, be approved with
the following conditions:
1) Limited to five days of business per week.
2) Client load is limited to a masimum of 10 clients per week.
3) No business sign is permitted at this location.
4) The procedure allowed at the business is limited to the micro-pigmentation process(cosmetic tattooing) and
no traditional tattooing is allowed.
5) Specific procedures allowed aze limited to application above the neck, except in the case of areola micro-
pigmentation or scar camouflage.
6) Work will be done solely by the applicant; she will not ha�e any business partners or employees on site.
7) Hours of operation are limited to 8:00 a.m. to 8:00 p.m., five days a week.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the aforementioned conditions.
Yeas Nays Absent
Benanav �
Bostrom �
Harris �
Helgen ;�
Lanhy ,/
Montgomery ,/
Thune �
�
Adopted by Council: Date /-/Di/��//�/
Adoption
By:
Approved
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # ��� 'i ' �
Green Sheet # 3012679
/�
Requested by Department of:
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
��. . .
� O�l-NI3
„ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Deparhnentlofficelcouncil: Date Initiated: -
co -�il oz-�R-� Green Sheet NO: 3012679
CoMact Person 8 Phone: Deuartmerrt SeM To Person Initiai/Date
Marcia Moermond � 0 ouncil
266$560 qu�gn 1 onncii De arimentDirector
Must Be on Council Agenda by (Date): Number 2 i Cler
For
Routing 3
Ordes 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license application with condirions, per the LegislaUve Heazing Officer, for a Tattoo Pazlor License by 7oann Sparstad,
DBA Adom, 647 Ashland Avenue.
Recommentlations: Approve (A) or Reject (R): Personaf Service Contracts Must AMwer the Following Questio�:
Planning Commission 1. Has this person/firm ever worked under a wntrect for this department?
' CIB Committee Yes No ' ' � �
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
" 3. Does this personffirm possess a skill not normally possessed by any
current city employee? �
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
AdvantapeslfApprpved:
Disadvantapes If Approved: �
DisadvanWges If Not Approved:
Total Amount of Cost/Revenue Budgeted:
Transaction:
Fundinp Source: Ac6vity Number:
Financial information:
(Explain)
DEC-04-2003 10-� CITY OF ST. PAUL-LIEP
` ��i
tIRfiA;
CTTX QF SAINr PAUL
�y C Ke(ty, Mayor
flFFICE OF LICEt�SE. iNSP�CIIONS AhID
ENV'6�ONMFN['AL PIt07'ECTTON
Jan� E Rusar. [N�e�r
LOWRY PIi0FES8IO2�'AL Bi7II.DINO
350 S� Peter.S��• � SS10�t514
Sn"v1tPauL MFTa�
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T��� 65t-16b-9
Fae.a,n.0 557-ab6-91aa
W� xnv w-cis�paul.mn.us/Rep
HOME QCCUPA.Ti01� AFFIDAVTT
(From 5aint Paul ZoninS Code Sections 60.ZO8.FI aud 60.412.(7�}
' -- ffie underssgned, cerofY � I r'd�
I, (Printed Name)
. � � , L � � �
�'Y'g� } in the dwelling iocated at � of
( (cirele one) flWNER _. :
in Saint Paui. I wouid l3Re to estabiis� a �- ee to comnply with the conditions
business at the aforemientioned sddzess- Z und��tand and agT
S tipnlated for home accnpatron. =ovided tbat the
A home occupation is an occ�Pa�on cacr"sed on im a dwelling unit by the resident�tthereo ��6a1 p�P�ses
use is limited ia axtent a� incidental and secnndazy w the use of the dwelling
the charaoter thereaf. Aome occupatians wluch �borhoods�are pezsw'tted suble
and does not chanSa � pzeserve the character of residcatisl ncigh
uaes and wbich maintain
the follow'+ag r�4 "•P••+eni:
manufactuiing b'u�°�ss� a anmmez�l �ood sernce requirin8 a �cense, a limousine business or auto
1) A home oceupation sLa11 aot involve the conduct of a retail bw or wholesale buame�+
Ls'° stered to residents of the proP°rtY•
servace or repau £ox aaY v�hictes otbex than �e ��ll smice esisbliahments or o�ees, m' ��e
?) A home occuPatioa maY include pmfess�ooal offices,
crafls which aze t�JPicallY considered accessorY w a dwelling unit atiou shall be
3) A home occupation shall he cam� on wholly within the m�'° b��' �o home a�P
atlowed in detachad aeceason' buildin&s or garsges- 4� Square feet of total li� ��,
ation activvxes in dwell�nB unifs af less than � �e(I) of whom �e
4) Al! home occ�cP no more than twa(2) pereone,
exciud'zng a cellaz and anie+ shail be conducted bY occupation activities in dwell�ng �� °f 4,000
dwelling unit shall be the P�cipal resideace. All home
oc moie s4uare feet of to� li� �� �eluding s ecllar and attiq sbali be conducted by no more
3 pu3ons, fnr une(1} of w4�� � d"'e ""'t shatl bc the pancipal resideace. ose of
5) No stcucturdl alte�tioas or eniazgements shall be made to the dwelling for the p�Y PuTP
conducting the home accuPation. ��piayee at a time and ahail not serve
6) Service occuPe�o� shaU �'e no more tlmn one P�rtY P on nor
� r smmge of equipmcnt or supplies assooiated wi�1' � bome oeoupan
7) 'Yhere ahaLt be no exterie , ca , pickuP unck or s�u van noc anY addittonal velucles eacept
parlvng of more than one busine.s'
chose £or pernnit� e1�P�Q� ide°tified wsder para�Ph 4. borhood due to noise, od°r, smokE,
g) Theze shall be no detrimeats to the residential chara�« of the neig� uo numher of delivenes, ho�us
dust, S�, heat, &�� nbzaRion, electtical interferenee, u�c conges n,
ce resultin8 from the hoxne oceupscion. wbich shall not
of operaEinn or any ather anno}'an no 1'az'ge� �' Z sqvare feec uu area
9) A hvme occuPah°n �y bave an identificatioa sign
be located in a r�� Y�d. al sesidence" shall mean the dweiting w1�er� a P�O. �
10} For the pwpose of subd��lon (7}, `��P non ku'�s no Preseat intentian of movuig• A P��
espbliahed a ptnnane� h°� fr°m which the Pe smce ia the dwellin8 �G
r�idcnce is nnt cstablishe.d if tke P�'�n has oniY a temPo�tY Ph`!�� � he roviewed bY the Hoard o£
Fiome occnp8aona f°r ]��° � � do not meet these condidons msY
� � �;{ or wa�ve the re4�ements 1 through 7.
Zomag �`PP a J 7 � C�� —C� �j
C � � bate
Signatvre
HiCOMMON�N�°me eaemCav��a'Pa
qA- ADA - EEO EmPlnyet
0�!- yi�-
MINUTES OF THE LEGISLATIVE HEARING
ADORN - 647 Ashland Avenue
Tuesday, February 17, 2004
Room 330 Courthouse
Mazcia Moermond, Legislative Hearing Officer
The heating was called to order at 11:04 am.
STAFF PRESENT: Jeff Hawkins and Bazb McMonigal-St. Dennis, License, Inspections,
Environmental Protection (LIEP)
Mazcia Moermond explained that this is an informal hearing. A tattoo license requires
neighborhood notification, and there were objections to the issuance of the license in front of her
today. The Ciry Council begins this process with an informal legislative hearing. Ms.
Moermond will recommend one of three outcomes for this hearing today: 1) grant the license
without conditions 2) grant the license with conditions that are agreed upon by the applicant, 3)
refer this matter to an Administrative Law Judge (AL�. Referring to an ALJ will be the course
of action she would recommend if there is no way the license should be granted in this situation
or if there are conditions that applicant will not agree and Ms. Moermond feels aze reasonable.
The ALJ process can take up to five months. If it does go before An ALJ, there will be a public
hearing, and then there will be another hearing when it goes before the City Council. The City
Council is the body that issues or does not issue the license.
Note: A letter was received from the Ashland Laurel Block club, indicating that the club
supports this application with the restrictions listed below. These restrictions are referred to
throughout these minutes.
1) Limited to five days of business per week.
2) Limited to a maximum of ten clients per week
3) There will be no sign for the business at the location.
4) The procedure allowed at the business is limited to the micro pigmentation process (cosmetic
tattooin� and no traditional tattooing is allowed.
S) Specific procedures allowed are limited to application above the neck except in the case of
areola micro pigmentation or scar camouflage.
6) Work will be done solely by the applicant; she will not have any business partners or
employees on site.
Jeff Hawkins, LIEP-Zoning and Licensing, reported this application is for a Tattoo Pazlor
License. Adorn is the name of the company, and Joann Sparstad is the owner. Adom is located
at 647 Ashland Avenue, which is a residential neighborhood; therefare, a Home Occupation
Affidavit has been signed. Environmental Health is pending a final inspection. Licensing will
approve pending the Environmental Health final inspection. Zoning has already approved. A
fire inspection is not applicable as this is a single family home. There are ten conditions the
owner had agreed to. The City Attorney and Licensing have reviewed the recommendations
from the neighbors. There are several the City cannot enforce. A limitation of five days of the
business week that it can be open is a limitation that LIEP can add. The number of clients per
�� •'�
LEGISLATIVE HEARING MINUTES FOR ADORN, February 17, 2004 Page 2
week is dictated by the Home Occupation Affida�it as no more than one at a tune. There are
provisions in the ordinance regazding the sign. The procedure allowed is cosmetic tattooing.
Tradifional tattooing is allowed as a home occupation as long as the af£davit is adhered to;
therefore, the City Attorney and Licensing feel it is hard to enforce. Also, work being done
solely by the applicant is not something that can be enforced.
Ms. Moermond asked should the home affidavit conditions be placed on the license. Mr.
Hawkins responded they can be placed on the license, but do not need to be. The owner has
already signed the �davit, so it can be enforced.
Ms. Moermond asked about any other separate conditions that staff would recommend besides
the six listed. Mr. Hawkins responded he would recommend issuance without these prior
conditions.
Joann Sparstad, owner, appeared and stated her request for home occupancy is for permanent
cosmetic tattooing, which falls under the code of tattoo parlor. That name generates an
audacious type, but this is not her clientele or the type of procedures she will be doing. When the
letter was sent out to the surrounding neighborhood, it said tattoo parlor. That brought on
concerns from the neighborhood. The three people that wrote in opposition do not live on her
street, so they did not have access to the clarification information Ms. Sparstad sent out. The
block club met, the president notified Ms. Spazstad, and that is where they created the letter
containing conditions written to Ms. Sparstad. She is in complete agreement with the conditions.
She will be doing the tattooing part time and wants to remain inconspicuous in the neighborhood.
The only people that will have access to the address aze those coming for the procedure. It will
be only herself doing it. She is responsible for the individuals, who wili all be female clientele.
Cosmetic tattooing is eye brows, eye liner, and lip liner. It wiil be nothing beyond that. The
number of clients is not a problem. If her business would grow larger than that, she wouid be in
a clinic setting. Also, she would be happy to help create a code separate for cosmetic tattooing.
Staff talked about the unenforceability, asked Ms. Moermond. Ms. Sparstad responded that is a
concern of one of the parties. These things will be enforced the good neighbor handshake way.
If anyone has concerns, she is approachable. There wili be an occasional car parked in front of
her house and a woman walking in. The block club agreed that if there is a concern, people
should contact her personally. If it is not resolved, they can go to the block club.
Elizabeth Lampert, 654 Laurel Avenue, appeazed and stated she lives across the alley. She wrote
a letter. She believes she is one of two letters that remain in effect. She did not attend the block
party meeting. She had a conversarion with Ms. Sparstad. The neighborhood agreed to these
restrictions. The person who was the head of the block club came over to her residence and
brought the list with the restrictions, and said the following: here are the list of restrictions that
everyone has agreed to, if Ms. Lampert's letter is not rescinded there may be a hearing scheduled,
and no one wants a hearing. Ms. Lampert told them that all she needed to lrnow is that the
conditions are legal and enfarceable. She talked to Racquel (Naylor from City Council offices)
oY- �f �a.
LEGISLATIVE HEARING MINU'I`ES FOR ADORN, Februaiy 17, 2004 Page 3
and Corinne (Asuncion from LIEP) and she was told that certain restrictions are not enforceable
and not legal. She does not lrnow what to do about that. These things need to be legalized or put
on the pemut somehow. If they cannot be, she requests a yearly review from the neighborhood.
Ellen Irnuter, 658 Laurel Avenue, appeazed and stated she did not go to the block club meeting
because she was not informed of it. Her concern is opening permits like this in the
neighborhood. If the license is granted, it is difficult to rescind. She asks does this set precedent
in the neighborhood that other permits aze more easily attainable.
John Hynes, 96 St. Albans Street North, appeared and stated he is one of the people that agreed
to certain conditions. He did not understand what was enforceable and what was not. They are
concerned about the enforceability and what would happen.
(No one else wished to speak.)
(Ms. Moermond went through each condition.)
1) Limited to fzve days ofbusiness per weel�
Ms. Moermond stated it is standard for a license to have conditions about the hours of operation,
but not the days of the week. Mr. Hawkins concurred and stated it is never done. The client list
now is sma11. The City cannot later tell the court that the City is going to prosecute this woman
because she is successfuL The home occupation limits it to one client, but one other employee is
allowed if the location is under 4,000 square feet, as each of those people can see one client.
That limits the business to two clients at a time with no waiting room and no sitting out on the
veranda. That limits the traffic, but it does not limit the weekdays.
This can be any of the five days in a seven day week, stated Ms. Moermond. From the City's
perspective, they do not care how many days the applicant is open for business. Ms. Moermond
asked if hours of operarion is an issue with the neighbors. Ms. Sparstad responded they talked
about it. No appointments would begin past 6:00 p.m. as parking becomes an issue.
Ms. Moermond asked is 8:00 p.m. agreeable to end the business day and 8:00 am. to being the
day. This is enforceable. Ms. Sparstad responded she is fine with that.
Ms. Moermond also told the group that an attorney could draft an agreement between the
neighbors and the licensed applicant. The agreement could cover the implications of failure to
comply with the conditions.
2) Limited to a maximum of 10 clients per week
Ms. Moermond stated a Home Occupancy Affidavit limits the applicant to two people at a time.
That would be one kind of a limitation on traffia She doesn't know how the City would monitor
that condition. If she does more than ten people a week, responded Ms. Sparstad, she wiil move
out of the neighborhood. Mr. Hawkins added that the zoning code reflects the home occupation
oy- 4t�
LEGISLATIVE HEARING MINiJTES FOR ADORN, Febn�ary 17, 2004 Page 4
and the limitations on it because it had been studied for many yeazs.
Ms. Moermond stated this condition is unenforceable.
3) There will be no sign for the business at the Zocation.
Ms. Moermond stated the City would regulate the size of the lettering and sign, and not whether
there is a sign. This condition is a private agreement between the owner and the neighbors.
4) The procedures allowed at the business are limited to the micro pigmentation process and no
traditional tattooing is allowecl
Ms. Moermond stated there is only one license type. The City cannot distinguish between
cosmetic and traditional tattooing in a regulatory fashion.
Barb McMonigal-St. Dennis, LIEP-Environmental Staff Person, reported the only stipulation is
what equipment the person is using to do the tattooing. They did have an evaluation in their
laboratory of the equipment that Ms. Sparstad had proposed to use. The type of equipment Ms.
Sparstad will be using has disposable pieces. The final environmental inspection is tomorrow to
evaluate the new machine, which comes out of Germany. Otherwise, LIEP does not specify the
type of tattooing.
Ms. Sparstad asked has the machine been approved. Ms. St. Dennis responded Bill Gunther
(LIEP) did the evaluation. They had been waiting for some information out of Florida, which did
not come, so the city did the lab testing. LIEP is satisfied with the piece of equipment.
S) Specific procedures allowed are limited to application above the neck, except in the case of
areola micro pigmentation or scar camouflage.
Ms. Sparstad stated this came up because areola restoration and scar camouflage can be a part of
it; however, she is not trained to do that. If she gets to that level, she will be in a clinical setting.
The neighbors and she decided to put it in there to cover the whole scope of the practice. Ms.
Moermond responded the City will not be enforcing that condition.
6) Work will be done solely by the applicant; she wi11 not have any business partners or
empdoyees on site.
Mr. Hawkins stated one more employee is allowed on site if the house is under 4,000 square feet.
Ms. St. Dennis added that the site is licensed and not the individual.
Ms. Moermond added this is a private matter between the applicant and the neighbors. The City
will not be enforcing this.
Ms. Spazstad stated that if someone was brought on, that would mean one other person parked on
the street. There is no need for her to engage in a partner at this point. If she brought in a
pariner, she would be in a clinic setting.
o�f- ylz
LEGISLATIVE HEARING MINUTES FOR ADORN, February 17, 2004 Page 5
(Ms. Moermond looked at the Legislative Code book.)
Ms. Moermond said she will revise what she said eazlier. It explicitly states that a condition may
be unposed in the manner and means of advertising the establishxnent. The applicant has agreed
to a lunitation of no advertising. Because it is in the code as a reasonable condition, staff will
have to enforce that as a condition of the license.
Ms. Moermond read the following from the Legislative Code 310.06(c)(6): "ny other reasonable
condition or restriction limiting the operation of the licensed business or establishment to ensure
that the business or establishxnent will harmonize with the character of the area in which it is
located, or to prevent the development or continuation of a nuisance." It would have to be a
serious infraction for the City to develop a case to take an adverse action.
Ms. Moermond stated they will add the stipulation that the business will operate between 8 a.m.
to 8 p.m.
Eric Tjossen, 654 Laurel Avenue, appeazed and asked about the EPA study and how
biohazardous waste is dealt with. As part of the environmental health inspection, answered Ms.
St. Dennis, any type of instrument that could be considered biohazard waste must be disposed of
in the red biohazard containers. That can be thrown out in the trash. This is in the City health
regulations.
Ms. Sparstad asked does this open up other tattoo licenses in the neighbarhood. Ms. Moermond
responded it is no more likely than before. They would still be covered by home businesses.
They would stiil have to do the same home occupation affidavit. It would stiil require
neighborhood notification.
Ms. Moermond stated she recommends approval of the license application with the six
conditions. Staff will be seeking another signature from the applicant. The Home Occupation
Affidauit does not need to be included, but people should have a copy of these ten conditions.
Mr. Hawkins added that without specific days of operation, it is impossible to enforce the
number of customers.
Ms. Lampert stated the conditions are just in good faith. She asked is there a yearly review. Ms.
St. Dennis responded tattoo facilities are subject to periodic inspections for environmental health
conditions. If people still haue specific health concerns, they can ca11 with a complaint. The
license is renewed every year, but environmental complaints are taken any time of yeaz. If there
are issues that aze of a nature to attempt license revocation, that is a different action with the City
Attorney's Office. Mr. Hawkins added that the inspectors will go out and investigate a
complaint. If it is deemed to be a problem, they can address it and take it to the City Attorney.
When the license is up for renewal, conditions can be added for adverse actions tal:en against the
license. There are reasonable conditions and nuisance conditions that may not fall under the
letter of the ordinance. For most home occupants, it does not go to this extreme.
oy- y��.
LEGISLATIVE HEARING MINUTES FOR ADORN, February 17, 2004 Page 6
Ms. Lampert asked is the license for the person or the house. Ms. St. Dennis responded licenses
aze not transferable. A person would need to restart the whole process as a new applicant.
Ms. Sparstad stated the only thing the neighborhood will see is a car pazking and someone
walking into her house; however, she has a personallife, too. The person walking in might be a
friend. She lives there. Not everyone going to the house will get a tattoo. This is a discreet
business.
Ms. Moermond recoxnmends approval of the license application with the conditions listed on
Page 1 plus the condition of limiting the hours of operation from 8:00 a.m. to 8:00 p.m. The
Home Occupation Affidauit does not need to be included, but people should have a copy of it.
The hearing was adjourned at 12:01 p.m.
Note: The conditions signed by the applicant are as follows:
1) Limited to five days of business per week.
2) Client load is limited to a masimum of 10 clients per week.
3) No business sign is permitted at this location.
4) The procedure allowed at the business is limited to the micro-pigmentation process(cosmetic
tattooing) and no traditional tattooing is allowed.
5) Specific procedures allowed aze limited to application above the neck, except in the case of
areola micro-pigmentation or scar camouflage.
6) Work will be done solely by the applicant; she will not haue any business partners or
employees on site.
7) Hours of operation are limited to 8:00 a.m. to 8:00 p.m., five days a week.
rrn
o y- N��
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SIIS `a;i
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CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
NOTICE OF LEGISLATIVE HEARII�IG
Joann M. Sparstad
DBA Adom
647 Ashland Avenue
Saint Paul, Mivuesota 55104
Ms. Sparstad:
Objections have been raised to the issuance of your Tattoo Pazlor License at 647 Ashland
Avenue. You are invited to attend and participate in a hearing before the Legislative Hearing
Officer regarding these objections:
The Legislative Hearing will be held on:
DATE:
TIIvIE:
PLACE:
Tuesday, February 17, 2004
11:00 a.m.
Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 Kellogg Boulevazd West
Saint Paul, Minnesota 55102
At this hearing, the Legislative Hearing Officer will take tesfimony from all interested people.
At the end of tlus hearing, she will make a recommendation as to whether the license should be
approved, approved with conditions, or refened to an Administrative Law Judge. The City
Council will have the fmal authority to �rant or deny this license.
c: Mazcia Moermond, Legislative Hearing Officer
Complainants
Councilmember Debbie Montgomery
Summit University Planuuig Councii
Selby Area Community Development Corp.
Virginia Palmer, City Attorney's Office
LIEP Staff
Notice Mailed: 2/9/2004
CITY HALL THIRD FLOOR 15 WEST KELLOGG BOULEVARD
SAINT PAiJL, NIINNESOTA 55102-1615
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AA-ADA-EEO Emp(oyer