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PLM 07/17/2019 FRIDLEY PLANNING COMMISSION WEDNESDAY, JULY 17, 2019 7:00 P.M. FRIDLEY CIVIC CAMPUS, COUNCIL CHAMBERS 7071 UNIVERSITY AVENUE N.E. MINUTES CALL TO ORDER Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. ROLL CALL PRESENT: David Kondrick, Mike Heintz, Mark Hansen, Brad Sielaff, Rachel Schwankl, and Terry McClellan ABSENT: Leroy Oquist OTHERS PRESENT:Stacy Stromberg, Planner, Michael Van Gorp, Planning Intern APPROVE MINUTES June 19, 2019 Motion by Commissioner Sielaff to approve the minutes. Seconded by Commissioner Schwankl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Text Amendment, TA #19-05, by the City of Fridley, to the zoning code, City Code Chapter 205 that will prohibit massage therapy as a home occupation in residential districts and to permit a massage therapy business that is properly licensed through the City Clerk’s office in the City’s C-2, General Business and C-3, General Shopping Zoning Districts. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated in 2018 the City Clerk and Police Department conducted research to amend Chapter 125, which regulates Massage Therapy Businesses. The research was initiated because there were issues with a few businesses claiming they were doing massage therapy, but they were really a front for criminal activity. After thorough study and review, staff recommended repealing the ordinance and replacing it with a new, Fridley Planning Commission Meeting July 17, 2019 Page 2 of 7 more detailed ordinance. The City Council approved that ordinance at their June 25, 2018 meeting. Ms. Stromberg stated an important change in the new ordinance requires massage therapy businesses to register with the City. In January of 2019, the City Council held a public hearing to deny a massage therapy business and therapist license, because of fraudulent information on the submitted application, which was discovered during the background investigation by the City’s Police Department. The City Council approved the applicant’s request to withdraw her application. Ms. Stromberg stated to protect the health, safety and general welfare of the citizens, the Council approved an Interim Ordinance prohibiting acceptance or consideration of a license or zoning application related to Massage Therapy Businesses to allow staff time to study, adopt, and amend existing ordinances. This ordinance was approved on March 11, 2019. If somebody came in right now to apply for a massage therapy license, they would not be able to because the City has this moratorium going on that prohibits the City from issuing a license. Ms. Stromberg stated the City Clerk, Police Department, and City Attorney are further reviewing Chapter 125 to determine what other provisions should be put into place to protect the City. City Planning staff is recommending modifying the existing zoning regulations related to massage therapy businesses, so it is clear as to where these businesses can be located. Ms. Stromberg stated the current zoning code is specific to “massage parlors”, which is an old, antiquated term that needs to be updated. It also states that a “massage parlor” is not allowed in the C-2, General Business zoning district and is only allowed in the C-3, General Shopping zoning district, with a special use permit. Staff suggests modifying the code language to allow a “massage therapy business” as a permitted use in both the C-2, General Business and C-3, General Shopping zoning districts. This use will not be allowed in the C-1, Local Business and CR-1, General Office zoning district, as those areas are zoned specific to neighborhood type commercial businesses. Ms. Stromberg stated the Police Department has also recommended that staff add code language to prohibit a “massage therapy business” as a home occupation in the residential districts. In the not too recent past, there has been criminal activity related to this use in a single-family neighborhood. Staff understands that criminal activity will not be associated with each person participating in this occupation but, by prohibiting it within our single-family neighborhoods, we are limiting the potential for it to become an issue. Ms. Stromberg stated City staff recommends that the Planning Commission hold the public hearing for Text Amendment, TA #19-05 and recommend approval to the City Fridley Planning Commission Meeting July 17, 2019 Page 3 of 7 Council. The City Council is scheduled to hold a public hearing on this amendment at their August 12, 2019 meeting. Commissioner Sielaff asked whether staff has the ordinance done now? He is not clear on that. Has it been modified? Ms. Stromberg replied, they do have an ordinance now but staff is working on adding a few more things within that code; and that is what the City Clerk and Police Department are working on. Commissioner Sielaff asked what they are approving tonight is not any of the proposed changes to Chapter 125? Ms. Stromberg replied, the Planning Commission only approves changes to the zoning code. They are approving the changes she mentioned within the zoning code, but they will not hear the changes that are happening to Chapter 125. Those will go directly to the City Council because it is a city ordinance, not a zoning code. Commissioner Sielaff asked whether there is any requirement for the therapist to be certified? Ms. Stromberg replied, yes. They need to provide documentation with their application. MOTION by Commissioner Heintz to close the public hearing. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:09 P.M. Chairperson Kondrick stated he has no problem with this. It is common sense. MOTION by Commissioner Heintz approving Text Amendment, TA #19-05, by the City of Fridley, to the zoning code, City Code Chapter 205 that will prohibit massage therapy as a home occupation in residential districts and to permit a massage therapy business that is properly licensed through the City Clerk’s office in the City’s C-2, General Business and C- 3, General Shopping Zoning Districts. Seconded by Commissioner Schwankl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Fridley Planning Commission Meeting July 17, 2019 Page 4 of 7 2. Consideration of a Text Amendment, TA #19-04, by the City of Fridley to Chapters 6 and 128 of the City Code Section 205.05 of the Zoning Code pertaining to the dissolution of the Appeals Commission and transfer of their responsibilities to the Planning Commission. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:11 P.M. Michael Van Gorp, Planning Intern, stated the purpose of this amendment first and foremost is to do exactly what the title says it is to do. It is supposed to dissolve the Appeals Commission and take everything the Appeals Commission was formerly doing and have that become the responsibility of the Planning Commission. Mr. Van Gorp stated another important component of this amendment is to establish the Planning Commission as the Board of Adjustment and Appeals defined by Minnesota State Statutes. Per the State Statutes there has to be a board or a commission that is in charge of hearing any appeals to code enforcement or request for a variance. Through this amendment that would become the responsibility of the Planning Commission. Mr. Van Gorp stated the Planning Commission may be asking why staff is recommending getting rid of the Appeals Commission. Because of the changes at the State level, it has become a lot more difficult to grant a variance and because of the fact Fridley is a very developed first-tier suburb there is not a lot of work for the Appeals Commission to do. There are only two of the five members currently filling the Appeals Commission, and there has not been a single Appeals meeting this year. If there was an appeal to code enforcement or a request for a variance, there would be an issue because there would not be anybody to properly hear the request and make the decision. Through this amendment the City puts itself in a better position to really be able to take care of those issues as effectively and correctly as possible. Mr. Van Gorp stated as to the changes, looking at Chapter 6, this is the section of the Code outlines all the Commissions and their responsibilities. In this section the Appeals Commission is being completely removed; and then the Planning Commission’s responsibilities are being increased or added onto. The language being added to the Planning Commission is coming straight from what was formerly the Appeals Commission duties were, it’s just a transfer of responsibilities. Mr. Van Gorp stated the membership will change slightly for the Planning Commission as there will no longer be a chairperson of the Appeals Commission. Instead of having three Fridley Planning Commission Meeting July 17, 2019 Page 5 of 7 members at large, they will become four. This section is kind of finished out by just removing anything and everything that outlines the Appeals Commission because it will no longer exist. Mr. Van Gorp stated the second section of the amendment, Section 128.05.2, which outlines the procedures for removal of exterior public nuisances and hearing, in this section they are not changing the procedure for a hearing to code enforcement at all. They are not changing how the appeals process works, but they are just taking that process and having it formally changed to the Planning Commission from the Appeals Commission. Mr. Van Gorp stated that can also further be seen in Section 3 which is outlining the changes done to Section 205.6 which has to deal with variances. This section outlines how variances are requested and granted, and none of those procedures are changing. However, instead of the Appeals Commission hearing these requests and then making a recommendation to Council, it will now be the Planning Commission. Mr. Van Gorp stated, lastly, in Section 4, which is 205.05.7 of the zoning code, this section deals with appeals and outlines how an appeal is carried out by a citizen who has an appeal to code enforcement. In this amendment, the procedure is not changing but it is just going from the Appeals Commission to the Planning Commission. Mr. Van Gorp stated he wanted to make it clear that in no way has the Appeals Commission failed or done anything wrong. It is really because of these changes at the State level that has really made variances a lot more difficult to grant that they have seen their rapid decline and also the fact that there is not a lot of appeals of code enforcement that come to the Commission. This is not going to be a huge workload increase to the Planning Commission, it is not going to be groundbreaking in the changes it is going to make, but really it just positions the City to make the best and well-informed decisions when those issues do arise. Mr. Van Gorp stated staff recommends the Planning Commission review TA#19-04, a text amendment to Chapter 6 and 128 of City Code, and Section 205.05 of the Zoning Code and hold a public hearing to make a recommendation to the City Council. The City Council will also hold a public hearing regarding this text amendment on Monday, August 12, 2019. Commissioner McClellan asked whether there were currently any appeals? Mr. Van Gorp replied, no, not to his knowledge. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Heintz. Fridley Planning Commission Meeting July 17, 2019 Page 6 of 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:21 P.M. Chair Kondrick stated that in his many years of being on Commissions, he’s been aware of the Appeals Commission’s duties and obligations. He’s read their minutes and appreciated the conflicts they’ve been involved in, the concessions they’ve had to make, and the good work that they have done. It sometimes isn’t an easy task, and he would like to congratulate the staff of the Appeals Commission and Commissioner Sielaff who’s lead that Commission. Commission Sielaff, replied thank you, Mr. Chairman. MOTION by Commissioner Sielaff approving Text Amendment, TA #19-04, by the City of Fridley to Chapters 6 and 128 of the City Code Section 205.05 of the Zoning Code pertaining to the dissolution of the Appeals Commission and transfer of their responsibilities to the Planning Commission. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ACCEPTANCE OF MINUTES FROM OTHER COMMISSIONS – THROUGH ONE MOTION: 1. May 2, 2019, Housing and Redevlopment Authority Commission MOTION by Commissioner Sielaff accepting the above minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the special use permit for Park Construction, for the rock crushing facility, did get approved at the City Council level. ADJOURN: MOTION by Commissioner Sielaff to adjourn. Seconded by Commissioner Schwankl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:23 P.M. Respectfully submitted, Fridley Planning Commission Meeting July 17, 2019 Page 7 of 7 Denise M. Johnson Recording Secretary