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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� r.�l d`(- �l� 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�� ,.n�, SIIS `a;i � 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 � AA-ADA-EEO Emp(oyer