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02-1112�...i �3� i \J i �� i��'t 1� RESOLUTION Q�INT PAUL, MINNESOTA Presented � �� Referred To CouncilFile# 0�—��\� Green Sheet # 113841 Committee Date WI�REAS, the Legislative Hearing Officer recommends that license application (ID # 20020004883) for a Health/Sport Club License by Tota1 Athlete, Inc., dba Total Athlete, 1560 St. Clair Avenue, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Na s Absent Blakey ✓ Coleman � Hazris � Benanav ✓ Reiter � Bostrom � Lantry �/ `�, O O Requested by Depamnent of: � Form Approved by City Attomey � Adopted by Council: Date �,�a .�.�"1 ��F� c� a.— Approved by Mayor for Submission to Council Adoprion B Approvec � Gity Council OEEices XNJTACT PERSON & PI-IONE Marcia Moermond, 266-8560 0/1TE MIMTEU xo.,, 20, 2ooz TOTAL # OF SIGNA7URE PAGES GREEN SHEET o�..�l\�- No '� � � � j� � u��� u��— ❑ ClIYATTORIEY ❑ OIYpFRI( _ ❑ RI�Ii�1GLiFAMCFSG�1. ❑ R1YIp�t6Ml/IILR6 ❑11l�vortloRllaSSlMI1� ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the application for a Health/Sport Club License by Total Athlete, Inc., dba Total Athlete, 1560 St. Clair Avenue. PLANNING COMMISS{ON CIB COMMITTEE CIVIL SERVICE COMMISSION W�y) RSONqLSERVICE CONiRACIS MUSTANSWER7HE FOLLOWIN6 QUES7ION5: Has this persoNfirm erer wwked under a corrf�ac[ tor this depaAment? YES NO Fiat this pereaJfirm ever heen a city empbyee7 YES NO Ooes this pereoMim possecc a sidll not normaltypossessed by arry artent cily emploY�7 VES NO Is this o��rtn a taryeted vendort . YES NO 7 �' r r � t tv amourrr oF rwwsncnoa COST/REVENUEBUDGEfED(GRCLEONq YES ACTNITY NUh�ER NO INFORMATION (IXPWt� O2-���� �-�. MINLJTES OF THE LEGISLAT'IVE HEARING TOTAL ATHI,ET'E, INC. - 1560 St. Clair Avenue Tuesday, November 19, 2002 Room 330 Courthouse Mazcia Moermond, Legislative Hearing Officer The meeting was called to order at 3:32 p.m. STAFF PRESENT: Racquel Naylor, City Council Offices; Kristine Schweinler, License, Inspecrion, Environmentai Protection Marcia Moermond stated she is here today to heaz an appeal to the issuance of a license to Total Athlete, Inc. Kristine 5chweinler reported this application is for a Heaith and Sport Club License. It has been reviewed by Environmentai Health, Zoning, License, and Fire, and has met all the requirements of those divisions. LIEP recommends approval of the license application. Ms. Moermond stated one objection was received regarding this license application from Diane Glancy. Diane Glancy, 261 Brimhall Street, appeared and stated she received a letter from LIEP asking if she had any objection to the licensing of this athletic club; and, therefare, she wrote a letter. She does not haue an objecfion to the sport ciub itself, but there is one piece of equipment that bothers her. She lives across the parking lot from Total Athlete. She can sit at her table and heaz a thud of some sort of weight that is lifted and dropped. She can also feel it on her table. Her track lighting also shakes. The pictures on her walls have to be straightened. The worst of it is the cracks on the wall. Ms. Glancy asked if the business owner received a copy of her letter. Racquel Naylor responded they were sent a copy. Ms. Glancy went on to say that she would like the equipment in question moved to the front part of the building. Also, she is curious about how much this weighs as it yazs the house. The jarring goes until approximately 8:45 p.m. James Carbin, President of Total Athlete, appeared and stated they have been an athletic training center for a number of years and haue recenfly switched over to the general publia They have 500 to 700 members. The only thing that would make this type of noise is the Barbell Ciub. They do an Olympio-style lifting, which is overhead pressing. This goes on in the basement of his facility about 12 feet under ground. Directly above that room is Mr. Corbin's aerobic room and the main floor of the facility. Rubberized weights are used in the lifting. The lift is like what is done in the Olympics: overhead, clean and jerk. It is done on top of wooden platforms, which are 3 to 4 inches thick. The platforms aze on top of the concrete slab, which is in the basement of his facility. When the weights aze dropped, they come down on the wood and there is some bouncing and some noise. He would not allow anything in his facility to disrupt his members. It UZ ���Z LEGISLATIVE HEAILING MIN[JTES - TOTAL ATFII,ETE - NOVEMBER 19, 2002 Page 2 is hard for him to believe the noise is coming from his facility to someone's house across the alley. October 18 is mentioned in the letter; his doors were left open all night long in the back on that day, and he released an employee because of that. Maybe the noise was more prevalent that night. He is not doing anythiug in there that is not done anywhere else, said Mr. Corbin. Directly above the weight room is the aerobics room, and there aze mirrors and lights in this azea. There is no flickering of his lights nor shaking of lus room. Perhaps trucks going down the alley are causing the problem. Don Witt, Secretary and Treasurer of Twin City Bazbell, appeared and stated Mr. Corbin was kind enough to let them refurbish the basement so the club could train tbere. It is not a huge amount of weight. He read the complaint from Ms. Glancy and a person would assume it is a huge piece of equipment. His club has members from 14 to 68 years of age. The 14 yeaz olds lift 130 pounds. NIr. Witt is one of the strongest in the club, and he can lift in the 200's. Most of the members lift 100 to 130 pounds. There is a technology that has been perfected for this type of lifting. There are two layers of rubber on the cement floor. On top of that aze three layers of plywood plus another layer of rubber. There is a percussive noise, not a rumbling or a breaking. There are no cracks on Mr. Corbin's floor. The azea is a refurbished old coal locker. He measured the walls and they are two feet thick of solid concrete. He measured the distance to Ms. Glancy's building, and it is 85 feet approximately. He does remember the doors were left open on October 18, and some of the noise carried out into the alley. He was pondering how Ms. Glancy was aware of the noise. Last night, someone was outside when the whole club was there, and that person could not heaz a thing. Mr. Witt stated he interviewed Rich from Rosemark Bakery, and he has not heard anything. Ms. Glancy is the only complaint. Mr. Witt stated he has a list of places where weight lifting is going on in the Twin Ci6es: Roseville High School on the second floor above the gynuiasium, Mariucci Arena on the second floor, Armstrong High School on the second level, the national championships were held in a ballroom in Manhattan on the 8�' floor of a building, the state championships were held in Town Square on the 3' level. All of these had no complaints. The lifting is perfected as far as vibration. The system warks well. They have clubs at the University of Minnesota, Rosemont, St. '1'4iomas, Dakota Tech, and Glencoe, Minnesota. No complaints in any of them. Matter of fact, they aze considered an asset at most of these places because they welcome everybody. Mr. Witt went on to say that the club has liability insurance. If Ms. Glancy wanted to turn in a claim, said Mr. Witt, he is sure the insurance company would come out to invesfigate.. He cannot remember anybody getting money from damage to any building. He does recognize the fact that the club makes noise. They have ordered some different weights, said Mr. Witt. The old weights had a steel center with rubberized edges. They have ordered all composition rubber weights. It will be a wider weight with no iron involved and a lighter thud. The problem is pretty well solved. He has talked to other people in the area, and there aze no other complaints. Ms. Moermond asked did LIEP have a chance to investigate with their sUuctural engineers. Ms. Schweinler responded that LIEP does not do that. The homeowner can contact an engineer, have C�2-���2 LEGISLATIVE HEARING MINLITES - TOTAL ATHLETE - NOVEMBER 19, 2002 Page 3 her house analyzed, and see if the cLacking is due to the business. LIEP does not do iuspections of houses unless there are permits pulled for repairs. Ms. Moermond asked is there an adjoining wall that will exacerbate the issue of a vibration. Ms. Glancy responded there is the club, a gravel pazking lot, and then her house. She asked the man on the other side of her property if it bothered him and he said no, so it is her house thax is receiving the impact. She walked the length and thought it was 60 feet between the properties, but Mr. Witt said it was 85. Two people looked at the cracks in her foundation, and the concrete wall is retaining the wetness azound those cracks. There is also a crack in her living room. When she is grading papers, the unpact rattles the table slighfly. She can feel it in her feet and her hands. She wishes there was a way to measure it. Ms. Moermond asked what sort of remedy she is looking for. Ms. Glancy responded that they move the weight machine to another part of the building so it does not impact her house, her foundation, her walls, track lighting, and table. Mr. Corbin stated the only place he can house Twin City Barbell is in the basement. He has a completely full fitness center. The club is going to spend close to $3,OQ0 on new weights to remedy this complaint. There is an apartment building 15 feet to the west with underground apartments, and there have been no complaints from them. He does not know what the answer is to this issue. Mr. Witt stated these average weights aze 120 to 150 pounds hitting three layers of wood and three layers of rubber. He cannot believe it is that much of a problem when there are 20 ton trucks going through the alley delivering. There is an alley in the back. Also, this is the second wettest summer on record. There are a lot of ground and rocks around there. Ms. Moermond asked when the weights will be arrived. Mr. Witt responded they arrived yesterday, and the other weights have been shoved to the side. Ms. Moermond asked would the owner be willing to add a condition on the license that the weight room cease operation or be moved. Mr. Corbin responded there is no other place available for this club. The club is a sepazate enriTy from Saint Paul Total Athlete Fitness Center. Mr. Witt responded this is a 60 year old club that would cease existence. Ms. Moermond stated she has three choices: recommend to the City Councii that they grant the license, grant the license with conditions, or refer the matter to an Administrative Law Judge. Ms. Moermond recommends to the City Council that they grant the license without conditions. The meeting was adjourned at 3:50 p.m. rrn