Loading...
09-734Suspensiou 7/08/09 RESOLUTION 10 I1 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 CITY Presented by Council File # 09-734 Green Sheet # �fJ7ap � MINNESOTA WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for (I.D. #20090001376) Health/Sport Club license for Fisico LLC, doing business as Fisico, 617 Snelling Avenue South, be approved with the following condition: 1. At least one employee or manager, trained and qualified in first aid and CPR according to standards established by rule of the Department of Safety and Inspections, shall be on duty at all times that the licensed premises are in operetion or open to members of the public. Such standards shall be in conformity with standards and guidelines established by the American Red Cross with respect to water safety instructors or by the American Heart Association for similar purposes. THEREFORE, BE IT RESOIVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon condition. Yeas Na s Absent Bostrom i / Carter � Harris ,i Helgen Lantry Stark Thune � � � s Adopted by Council: Date ����� Adoption Certified by Coun rl Secretary By: s , � Approved o�Z Date � �� B Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: 09-734 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/COUncil: Date Initiated: � co -�°°°°�� 01 Green Sheet NO: 3072037 Contact Person 8 Phone: Deoartment Sent To Person InitiaUDate Nhia Vanp y o ouncil 0 26&8566 1 ouncil De artment D'vector Assign Z 'riClerk CSNCIerk Must Be on Council Agenda by (Date): Number 0 01-JUL-09 For 3 Routing 4 0 Doc.Type:RESOIUTION Order 5 0 � E-DOCUment Required: Y Document Contact: �ean Birkholz ConWCt Phone: 266-8673 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license applica[ion with a conditioq per the Deputy Legislative Hearing Officer, for a Health/Sport Club license for Fisico LLC, doing business as Fisico, 617 Snelling Avenue South. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personlfirm ever worked under a contract for ihis departmeni? GIB Committee Yes No Givil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? Yes No 6cplain ali yes answers on separote sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approvetl: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount ot Transaction: CosURevenue Budgeted: Funding Source: Activity Number. Financial Information: (Explain) July 1, 2009 939 AM Page 1 09-734 LICENSE HEARING MINUTES Fisico, 617 Snelling Avenue South Thursday, June 18, 2009, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:03 a.m. Staff Present: Jeffrey Fischbach, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Gena Balsimo, owner; Wilfrido Hernandez, owner of building and Custom Crafted Upholstery, Inc.; Charlene A. Olson and Jim Armstrong, neighbors Fisico: Health/Sport Club license Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N license notification which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N licenses include: bars, entertainment, tattoo parlors, auto repair, auto sales, etc.—things that have an immediate impact on their neighbors. The City received two (2) letters of concern regarding this application. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they approve this license with no conditions; 2) she may recommend to the City Council that they approve this license with agreed upon conditions; or 3) she may recommend to the City Council that they not approve the requested license but refer it to an administrative lawjudge for a further hearing and findings. Ms. Vang will make her recommendation in the form of a resolution that will go before the City Council for their approval. lt will appear on the Consent Agenda at a City Council meeting. The City Council is the final authority on whether the license application is approved or denied. Ms. Vang will begin with a staff report. Staff will be asked to explain their review of the application and will also explain their recommendation. Then, she will ask the applicant to explain their business plan. Next, she will hear from people who are here in support and those with concerns, and she wiil review the letter(s) that were sent regarding this request. Mr. Jeff Fischbach, Department of Safety and Inspections (DSI), reported that regarding Inspection Requirements: Building: under review Environmental Health: under review License: approval with conditions Zoning: approval DSI recommends approvaf with the following condition: 1. At least one employee or manager, trained and qualified in £rst aid and CPR according to sta�dards estab�ished by rule of the Department of Safety and Inspections, shall be on duty at all times that the licensed premises are in operation or open to members of the public. Such standards shall be in conformity with standards and guidelines established by the American Red Cross with respect to water safety instructors or by the American Heart Association for similar purposes. 09-734 Mr. Fiscfibach exptained that this was the location of Higfiland Marine at one time. Approximately, four (4) or five (5) years ago, condominiums were built on the site to the north of this location. Now, there is an easement between the two (2) buildings for people to enter/exit on a side door (established when the condos were constructed). Ms. Vang asked if parking is an issue for this use. Mr. Fischbach stated that no additional parking is required for this use. Ms. Vang asked Ms. Balsimo whether she had any questions about the condition placed on the license. Ms. Balsimo said that she does not; she has already signed the Conditions Affidavit. Ms. Vang asked how many employees are at the gym. Ms. Balsimo explained that when she is not at the gym and as the business grows, she may have one ortwo othertrainers. Currently, it isjust her. Mr. Fischbach asked how many trainers would be at the gym at one time. Ms. Balsimo responded that in transition {coming and leaving), at the most there would be three (3); typically, no more than two (2). Ms. Vang asked about the hours of operation. Ms. ealsimo replied that currently, in her existing business, Flex Appeal, at 1946 St. Clair Avenue, she typically works from 6:00 a.m. until Noon on Monday, Tuesday, Thursday and Friday; and is back two (2) evenings per week, which are Tuesday and Wednesday from 4:00 p.m. unti17:30 p.m. She has run her business there for the past seven (7) years. The gym is typically ciosed on Sunday; perhaps it would be open on rare occasions. On Saturday, iYs open for a few hours in the morning during the Fall, Winter and Spring. Trainers hired in the future may be there at other hours. Typical gym hours will be from 6:00 a.m. until 8:00 p.m. Ms. Vang asked Ms. Balsimo if she has met with the district council. Ms. Balsimo replied that she has not. Ms. Vang encouraged Ms. Balsimo to meet with them and to establish a relationship. Ms. Balsimo explained that at her current business location on St. Clair Avenue, which is a very residential neighborhood, she has never had a complaint/problem with any of the neighbors. Regarding her clientele, the average age is between 40-45 years of age and they are paying between $60-$70 dollars per hour to be there. 80% of them have been training for one (1) year or longer so she knows these people very well. Her clientele includes: three (3) of her clients are attorneys; two (2) are accountants; eight (8) are stay-at-home moms; five (5) business executives; two (2) doctors; two (2) bankers; two (2) college athletes; and five (5) business owners. They are people who are not going to cause problems; they are very respectful people. The business has very low traffic unlike an Anytime Fitness. At no time will any of her clientele be there unattended. Ms. Vang asked how the business space will be set-up. Ms. Balsimo stated that the training f�oor is immediately in the front area. Machines are located there and exercises without machines are also done there. In the back, there's a cardio room along with the showers and bathrooms. Typically, music will be playing at a low level, low enough to conduct a conversation. Music can never be heard from the outside of the building and outside doors are never propped open. Ms. Vang read the letters of concern. Concerns included: 1) people using neighbor's patio to eat Iunch and have breaks; 2) using side door as an emergency exit only; 3) noise, especially after 8:00 p.m.; 4) privacy and respect for neighbors; 5) people lingering on sidewalk between the two (2) buildings; and 6) people using the sidewalk before dawn and after dark. Ms. Balsimo provided a letter that she gives to all her clients asking them to be respectfui of the neighbors. It will also 6e posted on the door. She doesn't think that the neighbors will even know a business is next to them. She has never had a complaint; her clientele are a great group of people. She thinks that hers would be a great 2 09-734 business to have next to one's house because of the type of clientele that are going in and out. Regarding the use of the side entrance, Ms. Balsimo stated that she has no problem using the front entrance 90 percent of the time but on very snowyfcold days, she would prefer to let her clients use the side door. She indicated that because of the investment in the expensive cork floor and the front entrance opening right into the exercise area, she would prefer to have her clients use the side doors on snowy/cold days so as minimize the wear and tear on the floor and contain the heat as much as she can for her clients. Ms. Balsimo also said that she is very open to being approached if an issue comes up. Mr. Jim Armsirong, concerned neighbor, provided testimony. He stated that he is still in favor of using the side entrance for emergencies, only. He noted that it is the condo's insurance that covers if anything were to happen on that easement. (Maintenance of the easement is shared.) He doesn't think that noise will be a problem for him. He does think that parking may be a problem. Ms. Charleen-Andrie Olson, concerned neighbor, provided testimony. She and her husband live right on the corner on the first level of the condo building. In light of Ms. Balsimo's presentation, Ms. Olson said that her concerns are fewer. In the past, they have had privacy issues with the previous business at that location and the upholstery business in the back. So, in the beginning, she would like to voice her concern in order to maintain the privacy of her and her husband's home. They don't want to have to protect their deck all of the time, They have had prolonged cell phone conversations outside their window; people leaning against the deck on their cell phones; people leaning and putting their pop/snacks on the deck, etc. Ms. Balsimo added that she also needs to carry business insurance on her building and on her clients (because she is involved in a physical activity). Mr. Fischbach interjected that any insurance or anything involved with that easement is a private matter; there's nothing that the City would be able to enforce regarding its matter. Ms. Balsimo stated that she is willing to work with the neighbors on that. If it would make them feel better, she is willing to acquire extra insurance. She is trying to make this transition smooth and enjoyable for everyone. Mr. Wilfrido Hernandez, owner of the building and upholstery business owner, thought that maybe the workers who were doing remodeling might have been those who were eating and drinking near the deck. He stated that he is willing to work with the neighbors. If there is any way that he can help, he would like to do so. His store is not Iike a retail store; customers come by appointment. He knows that the people in the condo don't want the sidewalk lit up extensively; he will switch the light off no later than 8:00 p.m. for security reasons. He closes his business at 5:00 p.m.; sometimes he needs to stay later to do his paper work. Sometimes there are issues with kids on ro4ler blades or grafFiti, of which he has no controf. His business uses tfie side door on the easement; some use the entrance in the back. He encourages his customers to park in the back. Ms. Vang will recommend to the City Council approval with the agreed upon conditions recommended by DSI. The hearing was adjourned at 10:37 a.m. {jab