CCM 03/11/2019
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 11, 2019
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Tillberry
Commissioner Eggert
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Jay Karlovich, City Attorney
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of February 25, 2019.
APPROVED.
NEW BUSINESS:
2. Claims (184178 – 184406; PCard 1902).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented.
Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
No one from the audience spoke
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by
Councilmember Tillberry.
FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2019 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
3. First Reading of an Ordinance Prohibiting Acceptance or Consideration for Zoning
Applications Related to Message Therapy Businesses to Allow for the Study, Adoption,
or Amendment of Official Controls.
Wally Wysopal, City Manager, stated the City currently licenses massage therapy businesses and
regulates them through zoning controls. In 2018, a police investigation found proposed criminal
activity at two massage therapy businesses within the City. On February 25, 2019, the City Council
conducted a public hearing to consider denying an application for message therapy license. During
the hearing, several concerns were raised regarding the effectiveness of the current Message
Therapy Ordinance. Concerns raised included whether the City’s current licensing and zoning
provisions adequately address issues relating to massage therapy businesses, appropriate locations,
conditions under which the establishment may be allowed, compatibility with existing uses, and
potential limitations on the total number of stores allowed. The City Council desires to reduce
criminal activity at massage therapy businesses within the City. Furthermore, the City Council is
concerned about the zoning of massage therapy businesses as it relates to present and future
development of the City. The specific regulations are found in Section 125 of the City Code.
Mr. Wysopal noted that 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 businesses and to determine if the best interests of the citizens are
being met. The study is expected to take approximately six months. During that time, it is
reasonable to prohibit applications related to massage therapy businesses, including applications
for building permits, conditional use permits, site plan reviews, interim uses, variances, rezoning,
or business licenses. It would not affect the renewal of business licenses, massage therapy business
licenses, or individual massage therapist licenses.
Mr. Wysopal said that 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. The City Charter provides for Emergency Ordinances under Section 3.06 which
have the advantage of taking effect immediately. However, staff does not consider this situation
reaches the reasonable threshold of an emergency. Therefore, it will require two readings as usual
and go into effect in about a month. In the meantime, applications could be received. Staff
recommends Council conduct the first reading of the proposed and set the second reading for
March 25.
Councilmember Bolkcom asked if anyone who currently has a license is acceptable if they meet
all the criteria.
FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2019 PAGE 3
Mr. Wysopal replied yes, the City Attorney has been working with staff on this.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Informational Status Reports.
Councilmember Bolkcom reported there was a large for the second University Avenue and
Highway 65 Development project design meeting. The next meeting is on March 21 from 6 to 8
p.m.
Mayor Lund said that on Saturday, March 30, there will be coffee and conversation with the new
County Commissioner Mandy Meisner and Mayor Lund from 11:00 a.m. to 12: 30 p.m.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:07 PM.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor