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04-31Council File # ^�1 Green Sheet # 3010255 RESOLUTfON ��j PAUL, MINNESOTA Presented Refesed To � Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20030004334) for a Health/Sport Club License by L'asa Hane, President, doing business as Flex Appeal, 1946 St. Clair Avenue, be approved with the following conditions: 1. Yeazly, provide a list of massage pracfitioners affiliated to this facility; 2. All massage practitioners affiliated to this facility must be licensed by the City of Saint Paul. The massage practitioner license must reflect 1946 St. Clair Avenue as the center of �liation; 3. Anchor the parking lot barriers to prevent them from blocking the sidewalk by April 1, 2004; 4. Landscape the parking lot by July 1, 2004; and 5. Screen the parking lot light so that it does not bleed into the neighbors' yards; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paui hereby approves this license application with the aforementioned conditions. Yeas Na s Absent Benanav �/ Bostrom ✓ Hacr;s � Helgen ✓ Lanhy ,� Montgomery ✓ Thune ✓ � � � Requested by Department o£ By: Form Approved by City Attorney � Adopted by Council: Date ��`� `� � a � vy qpproved by Mayor for Submission to Council Adoption By: Approved By: _ Q�"� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmerMloffice/coundl: Datelnitiated: GI�EeII Sheet NO 3010255 CO �uncit � 14JAN-04 CaMa�t Person � Phone. Deoartrnent Sent To Person InitiallDate Marcia Moermond � 0 ouncii 266-8560 . p,��p 1 ouncil D rtmentDir tor Must Be on Council Agenda by (Date): Number Z � erk Eor Routing 3 Order A 5 Total # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: Approving applicarion with condirions, per the Legislative Hearing Officer, for a Health/Sport Club License by Lisa Hane, President, DBA Flex Appeal, 1946 St Clair Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission , 7, Has this personffirm everworked under a contract for this department? CIB Commiriee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does fhis persoNfirm possess a skill not nortnally possessed by any � current city empioyee? � � �� -� � - Yes No � , Explain alI yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, Whak �en, Where, Why): AdvanWgeslfApproved: � - ��S1�f1 ��09'C Disadvantapes If Approved: �k A! � � ��� f'iT'f Disadvantasles If Not Approved: . a Total Amount of Cost/Revenue Budgeted: Transaction: � Fundinp Source: Activitv Number: Financial Information: (Explain) � �� �� ��� � NIINIJTES OF TI� LEGISLATIVE HEARING FLEX APPEAL - 1946 ST. CLAIR AVENUE Thursday, January 8, 2004 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:06 a.m. STAFF PRESENT: Jeff Hawkins, LIEP (License, Inspections, Environmental Protection) Mazcia Moermond explained that this is a legislative hearing to put together a recommendation for the City Council on this license application for a health/sport club license at Flex Appeal, 1946 St. Clair Avenue. Ms. Moermond has received letters objecting to the issuance of the license. She will first get a staff report, then she will hear from the applicant, and then she will heaz from people with concerns or objections. Ms. Moermond will make one of three recommendations to the City Council: 1) approve, 2) approve with conditions that the applicant agrees to, 3) send to an Administrative Law Judge. There is not a possibility far denial at this hearing. Instead, she would recommend that the City Council send this matter to an Administrative Law Judge. This would be used if the applicant will not agree to conditions that Ms. Moermond feels are advisable or if there are no conditions that will make this an acceptable use in this location. Jeff Hawkins reported this license application is for Flex Appeal at 1946 St. Clair for a health and sport club license including massage. The recommended license conditions are as follows: 1) Yeazly, provide a list of massage practitioners, 2) All massage practitioners affiliated to this facility must be licensed by the City of Saint Paul. The massage practitioner license must reflect 1946 St. Clair as the center of affiliation. Environmental Health will approve the license depending on the opening inspection. Fire has approved. Licensing is pending a finai inspection by Environmental Health. Zoning has approved it. Lisa Hane, owner, appeared and stated this is a new business. They do one on one personal training on clients. They do a wide range of things for people. They have rooms upstairs in which they are looking for a massage therapist to supplement their rent. Ms. Moexrnond asked has she talked to staff about the two conditions. Ms. Hane responded that the health inspector came out and went through everything with them. When they find a massage therapist, the inspector will come back and go over all the things with that person. She is agreeable to the condi6ons recommended by LIEP. They are hying to do good things for peopie, make them feel healthy, and give them a good quality of life. (Ms. Hane submitted photographs of the building.) Mr. Hawkins stated this was a small engine repair facility. About three yeazs ago, another health club moved in as a personal training facility. This is the first time a licensed health club is applying for a license there. �� � LEGISLATNE HEARING MINLJTES - FLEX APPEAL -1946 St. Clair Avenue Page 2 Ms. Moermond stated she received letters and e-mails regarding this issue. Christine Ziuuner Lonetti, 1953 Berkeley Avenue, appeazed and stated Flex Appeal is a good addition to the neighborhood. She is speaking on her behalf and also in consultation with her neighbors. She thinks it is great that they aze going to supplement their rent as the neighbors would like to maintain a long standing business in that location_ Some of her and her neighbors' concerns are regarding the appeazance of the building. The parking lot has no unifornuty around it. The concrete bumpers aze loose. It helps that the bumpers aze not coming out of the alley. There was a pile of rubble that is snowed over now. The sidewalk is being cleazed with rock salt as opposed to a ice melt material. The sidewalk is deteriorated, but perhaps this is a City issue. There is a large log that floats azound the lot. Perhaps it is a training item. The kids like to drag it around the lot. When the engine repair shop left, everything green and growing was leveled. Trees have come down. Some shrubbery or greening would be nice. There is one lazge light over the main door to the facility that shines into most of the houses. The paint color was a concern of one of the neighbors; perhaps the owner can change the color the next time they aze painting. In general, the neighbors want to maintain the chazacter and charm of the neighborhood. Ms. Moermond asked about parking. Ms. Lonetti responded she has never seen their lot overflowing. Their business is one on one so it is probably adequate. Ms. Moermond asked about noise. Ms. Lonetti responded it has not been a problem. Jeff Larson, 3519 Irving Avenue South, Minneapolis, appeared and stated he and his brother Greg own the building. The reason they put up the bumpers is so that people do not pazk in there during snow emergencies. Ms. Hane added that there is one bumper that gets moved because people park in their lot from other businesses. People were moving buxnpers with their cazs. It was neighborhood people that were doing that. Ms. Hane is tolerant and they let people park there and run into the grocery store. The log was there from the prior applicant. It is gone along with the rubble in the corner. Mr. Larson stated they repaved the parking lot at an expense of $15,000. It is for Flex Appeal to use and not for the other businesses in the neighborhood. They re-sided the alleyway. They are going to paint it but not in the winter. They are hying to fix things. Ms. Moermond stated these are legitimate concerns with the pazking lot. There may be street- face improving monies available. Mr. Hawkins stated that he tells people to talk to the neighbors, knock on doors, talk to the district councils to work things out. From the City's standpoint, they secured the barrier in the parking lot that was moving. If the owner can get funding, they can maybe get planter boxes. Also, it is inadequate pazking for a full blown health club. With one client at a time, it wili be 0�=3` LEGISLATIVE HEAI2ING MINUTES - FLEX APPEAL - 1946 St. Clair Avenue Page 4 2) All massage practifioners affiliated to this faciliry must be licensed by the City of Saint Paul. The massage practitioner license must reflect 1946 St. Clair Avenue as the center of affiliation; 3) Anchor the parking lot barriers to prevent them from blocking the sidewalk by April 1, 2004; 4) Landscape and maintain the pazking lot by July 1, 2004; and 5) Screen the pazking lot light so that it does not bleed into the neighbor's yazd. The hearing was adjoumed at 10:44 a.m. �