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I I I Council Meeting Minutes December 12, 1995 Page 7 Council Business. continued Motion by Gunderman, seconded by Williams, to ACCEPT THE BID FROM GENERAL SAFETY EQUIPMENT CORPORATION AND PIERCE FIRE EQUIPMENT COMPANY; AND AWARD CONTRACT FOR THE CONSTRUCTION OF THE AERIAL FIRE APPARATUS (TELE-SQUIRT PUMPER TRUCK) TO GENERAL SAFETY EQUIPMENT CORPORATION OF WYOMING, MINNESOTA FOR A BID PRICE OF $411,520 TO INCLUDE TRADE FOR PUMPER #798. 5 Ayes - 0 Nayes, Motion Carried. Mattila presented the amendments to the Massage Ordinance. Staff reviewed the letter submitted by Nancy Higgens and her concerns have been addressed in the amended ordinance. The changes made to the ordinance involve: replacing of the language Massage Parlor with Therapeutic Massage Salon ; requiring a locker in the massage area to protect the valuables of the person receiving the massage; and requiring the doors which lead to the massage area do not have locks on them. The Police Chief is comfortable with these changes. Benke noted a request from a business which involved proration of the massage license fee. City Attorney Charlie LeFevere said the code does not allow proration of fees for massage licenses, but it would be within the discretion of Council to amend that provision. License fees cannot be revenue measures or take the form of a tax, and need to be set at an amount which relates to the cost of administering the application. Most cases where proration is allowed is when the license fees are very high or if there has been a disaster which caused a business to close. License fees pay for background criminal investigation, code compliance, and administrative costs. LeFevere stated that if this license were prorated to year-end, it would cost $5 and he questioned whether this would cover administrative costs involved in the licensing. Fulton said the licensing procedure requires a one-time $300 background investigation charge, and annual license fee of $100 effective each calendar year. Samuelson feels that if the City looks into prorating licenses it should be within a general business area, than specific business type. Mattila noted that the health inspection area does provide SOfie proration of fees. Judy Hegge, Today's Nails owner, applied for a license and paid $100; recently she received a request for $300 to perform the background investigation which she felt was included in the $100 fee. Also, she requests her license be prorated being that it would expire December 31, 1995. Fulton apologized for any misunderstandings in the fee structure and will investigate and contact Ms. Hegge Wednesday morning. She feels that because her business is an accessory use, the $300 investigation fee is not needed. LeFevere. said the ordinance requires a premise's license for the business providing the massage, and an individual licenses for those persons performing the massage. The code was changed to no longer provide a background investigation for the premise's license, but the background investigation is required for the individual license. Obviously, one person will need the individual license and that does require a background investigation. Because of Hegge's questions regarding the fee structure, Benke requested staff to contact Hegge on Wednesday morning. Council Busine8s Tele-squirt Pumper Report 95-238 Massage Ordinance Report 95-239 Ordinance 619