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Ordinance No. 1367 03-25-2019 ORDINANCE NO. 1367 AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE OR CONSIDERATION OF ZONING APPLICATIONS RELATED TO MASSAGE THERAPY BUSINESSES TO ALLOW FOR THE STUDY, ADOPTION, OR AMENDMENT OF OFFICIAL CONTROLS THE CITY COUNCIL OF THE CITY OF FRIDLEY ORDAINS AS FOLLOWS: Section One. Purpose and Intent. The purpose and intent of this Interim Ordinance is to regulate, restrict, and prohibit any new massage therapy business use in the City of Fridley as provided by the City of Fridley’s Code of Ordinances to allow for the study, adoption, or amendment of official controls related to the City’s comprehensive plan and zoning regulations. Section Two. Preliminary Findings. 1.Minnesota Statutes Section 462.355, subdivision 4, authorizes municipalities to adopt interim ordinances to regulate, restrict, or prohibit any use, development, or subdivision for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. 2.The City of Fridley currently licenses massage therapy businesses and regulates them through zoning controls. For purposes of this Ordinance, massage therapy business shall have that definition provided in City of Fridley Code of Ordinances Section 125.02.8. 3.There are concerns that the City’s current licensing and zoning provisions do not adequately address issues relating to massage therapy businesses, such as appropriate locations, conditions under which the establishment may be allowed, compatibility with existing uses, and potential limitations on the total number of stores allowed. 4.In 2018, a police investigation found proposed criminal activity at two massage therapy businesses within the City, and the City Council is concerned about how to reduce criminal activity at massage therapy businesses within the City. 5.The City Council is concerned about the zoning of massage therapy businesses as it relates to present and future development of the City. 6.To protect the health, safety, and general welfare of the citizens, the City Council desires to conduct studies for the purpose of consideration of possible amendments to the City’s massage therapy business licensing provisions and official controls to address issues concerning massage therapy business and to determine if the best interests of the citizens are being met. Section Three. Prohibition. 1.In accordance with the preliminary findings in Section 2, a zoning and licensing moratorium is established on massage therapy businesses within the City. Ordinance No. 1367 Page 2 2.No applications related to massage therapy businesses, including applications for building permits, conditional use permits, site plan reviews, interim uses, variances, rezoning, or business licenses shall be accepted for six months from the effective date of this ordinance or until ordinances regulating such locations become effective, whichever occurs first. This Section may be extended as provided in Minnesota Statutes Section 462.355, subdivision 4. 3.This Section does not affect the City’s processing and issuance of pending massage therapy business licenses or massage therapy business license renewals. 4.This Section does not affect the City’s acceptance, processing, and issuance of individual massage therapist licenses, as defined in City of Fridley Code of Ordinances Section 125.02.9. Section Four. Study. During the effective period of this Interim Ordinance, staff is directed to conduct a study to gather information and make a recommendation to determine if zoning ordinances need to be amended to better protect the citizens of Fridley. Section Five. Severability. Every section, provision, or part of this Interim Ordinance is declared severable from every other section, provision, or part. If any section, provision, or part of this Interim Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part. Section Six. Duration. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall remain in effect until the date of the adoption of any new licensing provisions and official controls pertaining to massage therapy businesses or six months from the effective date of this ordinance, whichever occurs first. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 25 DAY OF MARCH 2019. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: March 11, 2019 Second Reading: March 25, 2019 Published: April 5, 2019 SUMMARY ORDINANCE NO. 1367 AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE OR CONSIDERATION OF ZONING APPLICATIONS RELATED TO MASSAGE THERAPY BUSINESSES TO ALLOW FOR THE STUDY, ADOPTION, OR AMENDMENT OF OFFICIAL CONTROLS I.Title An interim ordinance prohibiting acceptance or consideration of zoning applications related to massage therapy businesses to allow for the study, adoption or amendment of official controls. II.Summary An interim ordinance of the City of Fridley to regulate, restrict, and prohibit any new massage therapy business use in the City of Fridley as provided by the City of Fridley’s Code of Ordinances to allow for the study, adoption, or amendment of official controls related to the City’s comprehensive plan and zoning regulations. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 7071 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 25 DAY OF MARCH 2019. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ____________________________ DEBRA A. SKOGEN, CITY CLERK First Reading: March 11, 2019 Second Reading: March 25, 2019 Published: April 5, 2019 I I J AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY SUMMARY ORDINANCE STATE OF MINNESOTA )ss NO.1367 COUNTY OF HENNEPIN AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE OR CONSIDERATION OF Elise Strecker being duly sworn on an oath, ZONING APPLICATIONS states or affirms that he/she is the Publisher's RELATED TO MASSAGE Designated Agent of the newspaper(s)known THERAPY BUSINESSES TO ALLOW FOR THE as: STUDY,ADOPTION,OR AMENDMENT OF SF Col Hgts Frid MoundsView NB OFFICIAL CONTROLS I.Title An interim ordinance prohibit- with the known office of issue being located ing acceptance or consideration of in the county of: zoning applications related to mas- HENNEPIN sage therapy businesses to allow with additional circulation in the counties of: for the study, adoption or amend- RAMSEY me of official controls. II..Summary and has full knowledge of the facts stated An interim ordinance of the City below: of Fridley to regulate, restrict,and (A)The newspaper has complied with all of prohibit any new massage therapy requirements constituting ualifica- business use in the City of Fridley the re q g q as provided by the City of Fridley's tion as a qualified newspaper as provided Code of Ordinances to allow for the by Minn.Stat.§331A.02. study, adoption, or amendment of (B)This Public Notice was printed and pub- official controls related to the City's lished in said newspaper(s) comprehensive plan and zoning once each regulations. week, for 1 successive week(s); the first III. Notice insertion being on 04/05/2019 and the last This title and summary has been insertion being on 04/05/2019. Published to clearly inform the pub- lic of the intent and effect of the Fridley City Code. A copy of the MORTGAGE FORECLOSURE NOTICES ordinance, in its entirety, is avail- Pursuant to Minnesota Stat. §580.033 able for inspection by any person relatingto the publication of mortgage during regular business hours e Pthe offices of the City Clerk of the foreclosure notices: The newspaper complies City of Fridley,7071 University Ave with the conditions described in §580.033, N.E.,Fridley,MN. subd. 1, clause (1) or(2). If the newspaper's PASSED AND ADOPTED BY known office of issue is located in a countY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF adjoining the county where the mortgaged MARCH 2019. premises or some part of the mortgaged /s/SCOTT J.LUND,MAYOR premises described in the notice are located, ATTEST: /s/DEBRA A.SKOGEN, CITY CLERK a substanti portion of the newspaper's Published in the circulation i the latter county. Sun Focus April 5,2019 920402 By. :���. Designated Agent Subscribed and sworn to or affirmed before me on 04/05/2019 by Elise Strecker. Notary Public DARLENE MARIE MACPHERSON Notary Public Minnesota . ;. ,.'`MN Commission Expires January 31,2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $25.40 per column inch Ad ID 920402