08-1365Council File # _/���
Green Sheet #� p i� � Q��
OF SAI
Presented by
UTION
PAUL, MINNESOTA
�l
WIIEREAS, Kazen R ain-Sim det has submitted an application on behalf of McNally Smith
College at 19 Exchange Street . exception to the general hours of operation for the pedestrian
skyway system. That application requests an exception to the general hours of operation for the portion of
the skyway leading from bridge number 2, allowing the building to have the hours of 730 a.m. to 1030
p.m. Monday through Saturday and 9:00 a.m. to 10:30 p.m. on Sundays;
7 WHEREAS, Chapter 140.11 (b) of the Saint Paul Legislative Code give the Council the power to
8 grant such exceptions; and
9
10 WHEREAS, McNally Smith College is a destination point within the pedestrian skyway system
11 and does not lead to other buildings that are open to the public, and in fact connects only to the Church of
12 Scientology and not to the rest of the skyway system; and
13
14 WHEREAS, the Skyway Advisory Committee considered this application and recommended
15 approval of the proposed hours; and
16
17 WHEREAS, the Council held a public hearing on the application for an exception on November 19,
18 2008 at which time the Council heard a recommendation from the Department of Safety and InspecYions,
19 the applicant was given an opportunity to speak, and public testimony was allowed; now therefore be it
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22
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RESOLVED, that the Council hereby finds that the proposed hours of operation are reasonable for
the above-stated reasons and approves the alternate hours of 730 a.m. to 1030 p.m. Monday through
Saturday and 9:00 a.m. to 10:30 p.m. on Sundays.
A copy of this resolution, as adopted, shall be sent by first class mail to the applicant.
Requested by Department of:
�c�-�
BY , � � �
Approved by the Office of Financial Services
By:
Adoption Certified by Co cil Secretary
BY� // /l%/J/y�ll�i.�7
Approved by M or: Date /a�aa��L: 0�
BY� _ �2..ei1 9a�?2�-�
Appr y City Att�
By: 1 U,r,{�,.Q � I�c.�.,,�.�
Approve y ay�for Su ' ion Coun il
By: ` J �
Adopted by Council: Date ���9�1dO.S�
��
� D��� s'�
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
� DepartmentlOfficelCouncil: I Date Initiated: I,
'� SI -Dept.ofSafety&Inspections I og-nE�-0$ :. Green Sheet NO: 3Q64985
Contact Person & Phone:
Rachel Tiemey
266-871�
Must Be on Counc' Agen
17-DEG08 ��,,
Doc. Type: RESOLUTION
��
� Assign
by (� te�): Number
� _.1 \ �'�� For
ur� Routing
! OMer
E•DOCUment Required: Y
DocurtfentContact: JulieKraus
ConWct Phone: 266-8776
Total # of Signature Pages
0
1
2
3
4
5
(Clip All Locations for Signature)
Memorializing Ciry Council action taken on November 19, 2008 granting an excep[ion to [he general hours of operarion of the
skyway for the McNally Smith College, Inc. at 19 Exchange Street East in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by a�y
curcent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Pro6lem, Issues, Opportunity (Who, What, When, Where, Why):
Applicant submitted an applicarion to DSI for an Exception to the General Hours of Operation of the skyway under the Skyway
Ordinance Section 140.11. Upon receipt of the applicahon, a public hearing was scheduled.
Advantages If Approved:
Disadvantages If Approved:
Disativantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number.
December 8, 2008 11:06 AM Page 1
0�! i3�s
OFFICE OF THE CITY ATTORNEY
John Choi, CityAttomey
SAtNi
PAU L
�
A1111A
CITY OF SAINT PAUL
Chrisfopher8. Cofeman, Mayor
Civil Division
400 City Hall
l5 West Kellogg Bfvd.
Saint Paul, Minnesota 55102
Te/ephone: 651 266-8710
Facsimile: 651 298-S619
October 27, 2008
NOTICE OF COUNCIL HEARING
Karen Romain-Simondet
Property Manager
McNally Smith College, Inc.
19 Exchange Street East
St. Paul, MN 55101
RE: Skyway Ordinance 140.11 — Exception to General Hours of Operation Application
Dear Ms. •Romain-Simondet:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled for Wednesday, November 19, 2008 at 5:30 p.m., in the City Council Chambers, Third
Floor, Saint Paul CiTy Hall and Ramsey County Courthouse.
The heazing will address your request for an exception to general hours of operation for Skyway #2
which crosses over Wabasha Street to the west and connects McNally Smith Coliege to the Church of
Scientology building located on 505 Wabasha Street.
Very huly yours,
s,
I a L(� ic��.`�
Rachel Tierney
Assistant City Attorney
cc:
Christine Rozek, Deputy Director of DSI
Peg Fuller, DSI
✓l�Iary Erickson, Council Secretary
Larry Englund, CapitalRiver CounciUDistrict #17, 332 Minnesota Street,
Ste. W122, St. Paul, MN 55101-1314
AA-ADA-EEO Employer
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D ofSafetyandZnsprrtians 800G 0 t d3S ��^�.�v�
8 Fast FourJz Streei, Suue 200 � �a`O`��
Sauu Pmd, MN 55101-107�F � � �
Phnne: (651 J 266-91I9
DST SYaff Use O��tv
File mrmber.
Date Received /
Fee �tached: j i
SBYWAY ORDINANCE 140.11
Egception to General Hours of Operation Application
This application must be frIled out completely. 71�e appkcarion fee of $I10.06 must be anuhed In addifion to
the significant reasons fnr requesting an exception rn the general hou:s of operarion, please attach any
supporring mfo�a$on you feel should be considered in graviing this exceptloa.
**Incomplete applications will be reYumed.'�x
1. Reason £or request Attach addifional sheet if necessarv
See attached
2. Skyway to be considered for excep6ou to general hours of operafion
City skyway number: � V Crosses over street Wabasha Street
Buildina names and addresses on each side of the skvwav.
1, Church of Scientology - 505 Wabasha Street
2, None
7:30 am -10:30 pm Monday - Saturday;
Proposed alternate hours of operation:. _9:00 am -10:30 pm Sundays
3. APPLTCAN�' INFORM.ATION
Name of conYact person: Karen Romain-Simondet - Property Managar
Buiiding or company nawe: McNally Smith Coliege, ]nc.
Str•eet and number: � 9�change Street E
� St. Paui 5��
Phone number: 9( 52 } 82a'y 635
MN
e-mail:
Zip Code: 55107
Ivsimondet@ northco,com
4. PROPEILTY OV4'NER(S) INFORMA'CION Coumlete oalv if different frbm annlicant
McNaliy Smith College, Inc.
Name:
Street and number. Same
�8��3t��
City:
State:
�1� •'-
Phone number: (�1 ) 28i- 0777 ��:
5. ATTACffi1�1VTS
Please include the filing fee of $110.00, and all supporting documenffi required for consideration.
xsFee is nnt anntrcable at this time. *'x
5. APPItOVAL/D�IQIAL
An er.ception to general hocus of operation for skyways may be ganted if, after review by the
Depaitment of Safety & Inspections, the Skyway Govemance Advisory CommitTee and the Saint Paul
City Coimcil, it is found that the information submitted is suf&cient to warrant mm exception.
I, the undersigned, hereby ceitify that tLe
I6ave read the requirements to apply fnr
Signature of app&cant:
Signatw�e of owner (if
Date: � � ��
Date teceived at DSI:
in this application is accurate.
iv ordinence 14D.11.
City
Date submitted to Siryway Goveinance Advisory Committee: '
(Must 6e received at the CYTy Council within thirty (3�} dayS of tt�is
Date received at Ci'ty Council:
Tentadve Hearing E
Appr4vali "Yes oa No �, Resolution
Leuer sent to, appIicant witl� final decision (date): i by°_
, . , ,
Atternate hours posted Q+ithin five (5); feet of �all entrances to � Skyway; as required. .
Confirntafion of signage date: tiy Inspector:
i ,,
D$�13��
McNally Smith College, Inc. ("MSC"), formerly known as Music Tech Musicians
Technicai Training Center, Inc., requests an Exception to the Generai Hours of Skyway
Operation and proposes aiternate hours of 7:30 a.m. 10:30 p.m. Monday through
Saturday and 9:00 a.m. to 10:30 p.m. on Sunday for the following reasons:
• 7A Skyway Agreement
MSC purchased the building located at the current address of 19 Exchange Street
East, St. Paui (the "MSC Building") from the Housing and Redevelopment Authority
of the City of St. Paul (the "HRA") in 2001. The MSC Building was formeriy known
as the Arts and Sciences Center and prior to its purchase by MSC had a street
address of 30 East Tenth Street, St. Paul. At the time of purchase, MSC succeeded
to the rights, and assumed the obligations, of the HRA, as successor in interest to
the St. Paul-Ramsey Arts and Science Council, under the 7A Skyway Agreement
dated August 25, 1982 (the "Skyway Agreement"). The Skyway Agreement governs
the pedestrian areas within the MSC Building that are part of the skyway system. A
copy of the Skyway Agreement accompanies this application. MSC understood that
the Skyway Agreement modified the City hours of operation requirements. Section 2
of the Skyway Agreement requires that the areas subject to the Skyway Agreement
be open to the public is as follows:
7:30 a.m. to 10:30 p.m., Monday through Saturday
9:00 a.m. to 10:30 p.m. Sundays.
• The MSC Building is not part of the main skyway system
Only one skyway bridge attaches to the MSC Building. It crosses Wabasha Street to
the west and connects with the Church of Scientology building located at 505
Wabasha Street. As a result, there is very little pedestrian traffic in the Skyway
bridge other than users of the MSC Building. Moreover, the skyway line that
includes the MSC Building terminates at St. Joseph Hospital, 69 Exchange Street
West, only one block to the west of the MSC Building. Thus, this skyway line has no
impact on the main St. Paul skyway system.
• MSC does not have an automated door system
At this time it is not feasible to connect the skyway doors to an automated locking
system to regulate when the doors open and close. As a result, MSC needs
someone to come to the MSC Building and physically lock and unlock the doors.
. Extending the skyway hours creates safety issues
The MSC Building has a number of staircases and elevators that are accessible
from the pedestrian areas of the skyway system within the MSC Building. As shown
on Exhibit C to the Skyway Agreement, those staircases and elevators permit
b$�(3��
access to many parts of fhe MSC Building, inciuding the basement. Limiting access
to those areas by the general public is not possible because of the split-level
configuration of the MSC Building and the location of the skyway system pedestrian
areas within the MSC Building. As a result, MSC has had many probiems with
vagrants and drug dealers in the MSC Building, especialiy in the basement. Having
longer skyway hours would become an even greater safety issue, especially for
MSC students studying in the music studios during late night hours.
• Police patrolling of the MSC section of skyway is very limited
The St. Paul Police Department patrolling of the skyway connected to the MSC
Building has been very limited, presumably because the MSC Building is not
connected with the main skyway system. This lack of police presence has created
heightened security concerns that would be exacerbated by extending the MSC
Building skyway hours.
For the foregoing reasons, the alternate hours proposed by MSC would not cause
materiai logistical or financial hardships for any of the other businesses or buildings in
the neighborhood. Moreover, the proposed alternate hours are consistent with the
Skyway Agreement governing the pedestrian areas of the skyway system within the
MSC Building. Finally, extending the MSC Building skyway hours would substantially
increase security risks at the MSC Building.
2
JUL-21-20E� 15�24
ST PAUL PLRVNING 8 EC�N
�
0512283314 P.1C�53
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Streets, and the skyway bridges and supports therefor to the
ex�en� located witnin or over the prooerty oi Four.tain, �allery,
or Museum on Block 7A, all of which �re showr on Exnibit B attzched
hereto. The words "dedicated area," "p�1ic way" oz "pedestrian
eoncourse" shall mean and include the seeond floor concourse,.
vertical access facilities and ground level access to thP public
sidewalk within the Arts and Science Center, as shoWn on Exhibit
C attached hereto.
EA5EMENTS AND AOURS
2. Fountain, GalZery and Musevm hereby agree to grant to
the City a public easement for the pedestrian skyway system through
their respective,improvements and buildings, all as shown and
in accordance with Exhibit B attache hereto. Council and City
agree to dedicate an area fos public use for the �edestrian sky-
way system through the Arts and Science Center as described and
in accordance with Exhibit C attached hereto. The easements to
be gzanted by Fountain, Ga].lery and Museum sha11 be in the £orm
attached hereto as Exhibits D,•E and F, and the public Way�,to be
dadicated by Council and Ca.tyr in the form attached as Exriibit G,
and such easements and dedication sha11 grant to the public the
right of use of said pedestrian skyway system through their
respective improvements for purposes of pedestrian ing=ess, egress
and transit, except for such reasonable golice measures regarding
open hours and closing all or part o= the cor.course to public use
through said 8uilding as the City may, by ordinance, provide from
time to time. It is agreed by the parties that the new pedestxian
JUL-21 15�`G4 �i rr.�� r�_ni}i�i�,u .� ��.�i,
, -5-
Q�i�'JtP`�✓
, ezsament and d=_dicated area P=ovided ror h°:°=^ shall be open ior
?Tess an3 transit fron 7:3Q a.m, to 10:30 p.�.,
public ingr2ss, e �
Monday chsough Saturday; 9:d0 a.m. Lo 10.3� p•�'•� SL�days; orov:-ded,
however, that when =acilities within the Science Museum or the Arts
and Science Center are used by the public or by patrons or guests
at events, shows, performances, exhibitions or other similar functions,
Museum and Council shall keep open for the use of such public, patrons,
or guests those segments of concourse within or on their properties
which are necessary to permit access to th� parking ramp in Block 7A
and Che elevators and stairs serving ramp; and, £urther provided,
that in the event the Science Museum'orlArts and 5cience Cen�er are
compietely closed for one or more days per�week, the public easement
tharein sha11 not be open for public ingress, egress and transit
during such days. AI1 such hours or operation and closing are subject
ta the general power of the City to prescribe zhe System hours by
ordinance.
3. The public easement through the Science Museum sha11 be in �
accordance with Exhibit B herein and sha11 commence at the easterly
property line of the Scienr.e Museum where it connects to the existing
skyway bridge over Wabasha Street, and sha11 extend in a westerly
direction to the new impxovements being constructed by Gallesy on
the Aparttttent Air Parcel.
The dedicated area through the Arts and Science Cen�er sha11
be in accordance with Exhibit C herein, and shall co�ence at the
westerly' property line of the Arts,and Science Center where it
connects to the existing bridge over Wabasha Street and shall
bg,��, u�
STATE OF MINNESOTA)
) ss. AFFIDAVET OF SERVICE BY U.S. MAII.
COUNTY OF RANISEY }
Julie Kraus, being f�rst duly swom, deposes and says that on the 28�' day of Octaber, she
served tlie attached NOTICE OF COUVCII, HEARING by placing a true and correct
copy thereof in an envelape addressed as follows:
Karen Romain-Simondet
Property Mana�er
McNally Smith College, Inc.
I9 Exchange Street East
St. Paul, MN SSi01
Larry Englund
Capitali2iver CouncillDistrict #t7
332 Minnesota Street, Ste. W122
SE. Paul, MN 55101-1314
(which is the last knoum address of said person) depositing the same, with postage prepaid, in the
LJnited States mail at St. Paul, Minnesota.
��a��
J��� x�us
Subscribed and sworn to before me
this 28�' day of Qctober, 2008
No
✓� L✓ 2`(
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