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MINUTES <br />CITY COUNCIL <br />DECEMBER 17, 2025 <br />Miller stated that he is bothered by the investment that has been made into the building already and <br />wondered if there is something they could do, perhaps under a Conditional Use Permit (CUP), to <br />provide regulation that would allow the business to operate and protect the investment of the business <br />owner. The Community Development Director stated that ultimately the ordinance regulates <br />businesses proposed at this time, but also those who could come forward in the future that may operate <br />very differently. <br />Miller stated that he supports the ordinance on a larger scope, but also has thoughts about how this <br />may impact businesses that are already here. <br />Mayor Fischer commented that he empathizes with those who do great work and who are doing the <br />best they can, but the challenge is to develop rules and guardrails in place to protect against the bad <br />actors. He did not suspect that there was a bad actor present tonight, as there are many people in <br />attendance tonight in support of that business. He also recognized that the City must establish rules to <br />protect against those bad actors. He stated that if some of the criteria here limit businesses that are <br />already in place, perhaps that is a hardship they can look at. He believed that they should adopt an <br />ordinance now and work with people to address tweaks and changes as appropriate. <br />Gutierrez reiterated that she finds the prohibition of beds to be unnecessary, as the most appropriate <br />surface should be used to provide the service necessary for clients and practitioners. She stated that a <br />bed is safer and appropriate for the therapy proposed, and did not understand how beds would be more <br />susceptible to bad behavior than other surfaces. She referenced the hours of operation and prohibition <br />on sleeping and stated that society is focused on daytime people, but as someone who worked nights <br />for years, she does not see a problem with people receiving therapy at night. She stated that there are <br />laws in place that prohibit inappropriate activities and did not feel it was the obligation of the City to <br />impose regulations that are already addressed. <br />Malone stated that hours of operation apply to anything. <br />Gutierrez stated that this business has a legitimate explanation of why services may be needed during <br />non -banking hours. <br />Mayor Fischer commented that there is an urgent care down the street, so there are other alternatives. <br />Kwapick stated that he has tried to look at this from a precedent standpoint, noting that there are <br />reasons that cities work to license individual businesses, and almost every city in the metro handles <br />massage licenses in the way they do to provide safety for practitioners and clients. He commented that <br />if someone wants to open a business that focuses on alternative treatments for people, he supports that <br />and wants that type of business to thrive. He stated that there can be guardrails put in place that would <br />still allow a CAHC business to operate and thrive in the community. He stated that they want to make <br />it easier for people to operate how they want to, while also ensuring that everything is aboveboard and <br />safe. He appreciated that it seems that they are trying to prohibit a business but believes it to be the <br />exact opposite. <br />