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MINUTES OF THE ORONO CITY COUNCIL Monday, May 24, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 11 5. #10-3461 SEIDOU SALON SPA – CODE AMENDMENT McMillan suggested licensing massage centers but not necessarily individual therapists. McMillan asked if licensing individual therapists would be required throughout the City by approving this application. McMillan indicated she would like to avoid over-regulation and that perhaps the City could simply check the background of the therapists. Mattick stated a number of cities license individual therapists so the City can address that particular person if a problem arises. Otherwise the business’s entire license would be at stake if the license is issued to the business and not to the individual. Mattick indicated it could also be a law enforcement issue if the license is issued to the business. Murphy asked in that type of arrangement, if the City would learn that an individual therapist is going beyond the scope of the business, how that would be tied back to the business. Mattick stated it would be similar to taverns serving minors. A fine or a penalty of some type could be imposed. Murphy pointed out that in the instance of taverns, there is state oversight. Mattick indicated the state has given the cities the ability to license and set regulations under police powers. Schoenzeit stated another aspect of the discussion at the Planning Commission meeting dealt with those performing the services had to be licensed even if they were not regular full-time employees. Bremer noted the state does not have a license for massage centers. McMillan moved, Murphy seconded, to direct Staff to draft an ordinance adding therapeutic massage as a permitted use in the B-1, B-3, and B-5 zoning districts, and an ordinance for the licensing of businesses but not certification of therapists following the Plymouth model. VOTE: Ayes 5, Nays 0. *6. #10-3463 KEVIN AND MANDY SCULTZ, 3980 CHERRY AVENUE – VARIANCE – RESOLUTION NO. 5936 Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5936, a Resolution Granting a Variance to Municipal Zoning Code Section 78-330, for the property located at 3980 Cherry Avenue. VOTE: Ayes 5, Nays 0. *7. #10-3466 ANDREA ODENWALD, 3384 SHORELINE DRIVE – CONDITIONAL USE PERMIT – RESOLUTION NO. 5937 Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5937 a Resolution Granting a Conditional Use Permit for a Sports and Health Club per Section 78-644, for the property located at 3384 Shoreline Drive. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 06/14/2010 Approval of Council Minutes 05/24/2010 [Page 2 of 11]