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08-784Council File # Green Sheet # 9 RESOLLfTfON OF SAINT PAUL, MINNESOTA f� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Presented by WHEREAS, Sherri Eriksrud has submitted an applicarion on behalf of Macy's at 411 Cedar Street for an exception to the general hours of operation for the pedeshian skyway system. That application requests an exceprion to the general hours of operarion for the portion of the skyway system leading from bridge number 16, requesting the building to have the hours of 10:00 a.m. to 8:00 p.m. Monday through Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday; and WI�EREAS, Chapter 140.11(b) of the Saint Paul Legislative Code give the Council the power to grant such exceprions; and WfIEREAS, Macy's is a deparhnent store and the pedestrian skyway system is through the store with no barrier between the easement area and the merchandise; and WHEREAS, store is closed outside of the proposed hours; and WHEREAS, the Skyway Advisory Committee considered this application and recommended approval of the proposed hours; and WHBREAS, the Council may reconsider the exception to the general hours if the circumstances cl�ange; and WHEREAS, the Council held a public hearing on the application for an exception on July 16, 2008 at which time the Council heard a recommendafion from the Department of Safety and Inspecrions, the applicant was given an opportunity to speak, and public tesrimony was allowed; now therefore be it RESOLVED, that the Council hereby finds that the proposed hours of operation are reasonable far the above-stated reasons and approves the alternate hours of 10:00 am. to 8:00 p.m. Monday through Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday; and be it FURTHER RESOLVED, that the Council may reconsider the exception to the general hours of operation if the circumstances that gave rise to the exception change. A copy of this resolufion, as adopted, sha11 be sent by fsst class mail to the applicant. :. ..0 Yeas ✓ ✓ Requested by Department of: � � Harris ✓ ✓ Adopted by Council: Date ��, Adopfion Certified by Council Secretary By: � � Approv by a�} Qr: t By: ( �` B Y� `-��e. � �� Approved by the Office of Financial ervices By: Approved b Attorney By: Approved by Mayor for Submission to ouncil BY� 7�Cw.o.,..�rt1.1��.��w, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lA �� s� -� orsar� a� ��o� Contact person & Phone: Rachel Tiemey 26E8710 Must Be on Council F\qenda (Dat 2�.IUL-08 �� r1 �G n rta 9 VU Doc. Type: RESOLUTION E-DocumentRequired: Y Document Contact: Julie Kraus Contact Phone: 266-8776 17-JUL-08 ■�► Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3056946 0 e L of Safe & Ias ectia¢s 1 �ept otSafety & Insvections Denarbnent Direc[or 2 'tv Attomey ( 3 a or's Office Ma or/ASSistant 4 ouncil 5 ' C7erk Ci Clerk Memorializing City Council's acrion on July 16, 2008, granting an exceprion to the general hours of operarion of the skyway for Macy's at 411 Cedaz Street in Saint Paul. Planning Commission 1. Has this person�rm everworked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Does this personffrm possess a skill not normally possessed by any cument city employee? Yes No Explain atl yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opporlunity (Who, What, When, Where, Why): Applicant submitted an application to DSI for an Exceprion to General Hours of Operation of the skyway under Skyway Ordinance 140.11. CTpon receipt of the application, a public hearing was scheduled. Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Fi nancial Information: (Expiain) Activity Number: JUL � g 2008 CosURevenue Budgeted: July 17, 2008 2:48 PM Page 1 OFFICE OF Tf� CITY ATTORNEY JoOn Choi, CityAttomey �Oi � � sncxi PAUL � AAAA CITY OF SAINT PAUL Christopher B. Coleman, Mayor Grvif Division 400 Cify Hatl l5 West Keflogg Blvd. Saint Paul, Minnesota 551Q2 Te(ephone: 651 2668710 Facsimife: 651 298-5619 June 30, 2008 NOTICE OF COUNCIL HEA.RING Shem Eriksrud Macy's 411 Cedar Street St. Paul, M[� 55101 RE: Skyway Ordinance 140.11— Esception to General Hours of Operation Application Dear Ms. Eriksrud: Please take notice that this matter has been set on the Public Heazing Agenda for the City Council meeting scheduled for Wednesday, Jnly 16, at 5:30 p.m., in the City Councii 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 #16 which erosses over Sixth Street and connects Ecolab to Wells Fazgo Place. Very truly yours, ��. � � Rachel Tiemey Assistant City Attorney cc: Ct�ristine Rozek, Deputy Airector of DSI y�ary Erickson, Council Secretazy Jill Hirons Maraist, Director, CapitalRiver CounciUDistrict #17, 332 Minnesota Street, Ste. W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer �� District 17 CapitolRiver Council 332 Minnesota Street Suite W-122 Saim Paul, MN 55101 (65 i) 221-Q488 Website: wv✓w.capitolrivercouncil.org E-mail: info@capitolriveercouncil.org July 10, 20�8 Kathy Lantry Presider�t Saint Paul City Council City Hall 15 West Kellogg Blvd St. Paul, MN 55102 RE: Skyway Hour Variance Applications Dear President Lantry: b�-��y fac (651) 221-058t The Skyway Advisory Committee ("the Committee") held a public hearing on 3uly 7, 2008 on the Slcyway Aour Variance Applicafions. The Committee then voted on these Applications and forwazded the issue to the CapitolRiver Council Board for a vote. The CRC Board reached a final determination, which was fundamentally the same as the final deternunation of the Advisory Committee, on the six remaining "Exceprion to General Aours of Operation Applicarions" as set out below: Building Skyway Requested Hours Application Number Three: 413 Wacouta to Gilbert Bldg # 55 crosses parking lot 6:00 AM — 6:00 PM Mon--Fri The CRC Board voted to support this Application: 10 Yes votes; 4 No votes; 6 abstentions App{ication Number Four: Metro Square Fri, Closed Sat & Sun #8 crosses Robert St. 5:00 AM — 7:00 PM Mon — The CRC Board voted to support this Application: 15 Yes votes; 1 No vote; 4 abstentions Apulication Number Six: Golden Rule # 9 crosses 7 Place 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun Q� -� �� Golden Rule Fri, Closed Sat & Sun # 5 crosses 7�' Street 5:00 AM — 7:00 PM Mon — Golden Rule Fri, Closed Sat & Sun # 8 crosses Robert St. 5:00 AM — 7:00 PM Mon — The CRC Board voted to oppose, or not support, this Application: 4 Yes votes; 12 No votes; 4 abstentions Aopiication Number Seven: Sibley Square Skyway Hall thru building 630 AM — 6:00 PM Mon-Fri (Connects to # 26 over 5`" Street &# 36 over 5 Street — alternative route to both skyways is available) The CRC Board voted to support this Application: 13 Yes votes; 4 No votes; 3 abstentions Aoplication Number Eiaht: Macy's #16 crosses 6 Street 10:00 AM — 8:00 PM Mon— Sat; 12PM — 6PM Sun (includes path through the building) The CRC Board voted to support this Application: 15 Yes votes; zero No votes; 5 abstentions Application Number Nine: MN Chiidren's Museum # 6 crosses Wabasha 8:00 AM — 6:00 PM The CRC Board voted to support this Application: 13 Yes votes; 4 No votes, 3 abstentions General Lans�uape for All Current and Future Approved Aoplications Both the Advisory Committee and the CRC Board adopted the following language for all current and future approved variance applications: "If circumstances change such as a change in the use of a building, or nearby developments occur, resulting i� an increase or decrease in skyway access by the public, any variance may be reconsidered. This will be enforced by the city code, and the fire inspector at the office of DSI, in conjunction with each property's Certificaie of Occupancy." Please contact me if you have any questions. Sincerely, John Schachterle Executive Director CC: City Council Members Rachel Tiemey, City Attomeys Office Pat Lindgren, Councilmember Thune's Office Peg Fuller, DSI Larry Engiund, CRC