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08-785Council File # �-� Green Sheet # RESOLUTIOW OF SAINT PAUL, MINNES07A Presented �� i WHEREAS, Betsy George has submitted an application on behalf of Metro Squaze at 121 East 7�' 2 Place for an exception to the general hours of operation for the pedestrian skyway system. That 3 application requests an exceprion to the general hours of operarion for the portion of the skyway leading 4 from bridge number 8, requesting the building to have the hours of 5:00 a.m. to 7:00 pm., Monday 5 through Friday and no hours on Saturday and Sunday; and 6 7 WHEREAS, Chapter 140.11(b) of the Saint Paul Legslative Code give the Council the power to 8 grant such exceptions; and 9 10 WHER EAS, Metro Square is a destination point within the pedestrian skyway system and does not 11 lead to other buildings, residences, or retail businesses; and 12 13 WI�EREAS, the desi� of the building makes it difficult to restrict public access to the skyway 14 floors during non-business hours; and 15 16 WHEREAS, the Skyway Advisory Committee considered this application and recommended 17 approval of the proposed hours of operation; and 18 19 WHEREAS, the Council may reconsider the exception to the general hours if the circumstances 20 change; and zi 22 23 24 25 26 27 28 29 30 WHEREAS, the Gouncil held a public hearing on the application for an excepfion on July 16, 2008 at which time the Council heazd a recommendation from the Deparnnent of Safety and Inspections, 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 operarion are reasonable for the above-stated reasons and approves the alternate hours of 5:00 am. to 7:00 pm., Monday through Friday and no hours on Saturday and Sunday; and be it FiJRTHER RESOLVED, that the Council may reconsider the exception to the general hours of 31 operation if the circumstances that gave rise to the exception change. 32 33 34 35 36 37 38 39 40 41 42 b$ -�8S 43 A copy of this resolution, as adopted, shall be sent by first class mail to the applicant. Requested by Department of: 17. �� Adopted by Council: DaYe 7 ��� ��IJrJ� Adoption Certified by Cou il Secretary By: _ j i Approve� b�M y r. � U By: L�v BY� �`*,��.,..� �}- �� Approved by the Office of Financial Services By: Approved by City Attomey � `Z� - - Approved by Mayor for Submission to ouncil BY� X�-�t�-%� i�3LVY/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet � bg -�1 �S Departmenfloffice/council: Date initiated: $� —Depcof5afety&Iuspec6ons 17-JUL-0B Green Sheet NO: 3056959 Conqct person & Phone: Rachei Tiemey 266-8710 musi ue on 23-JU1-�8 � Doc.Type: RESOLUTION E-DOCUment Required: Y Document Contact: Julie Kraus � I VCVCIUIIC114 0 e tafSafe &Ins ections Assign � 1 e t ofSafe & Ias ections De arhneni Director Number Z i nttome For Routing 3 or'sO�ce Ma or/ASSistant Order 4 ouuN 5 ' Clerk Ci Clerk Contact Phone: 2668776 I I Total # of Signature Pages _(Clip All Locations for Signature) Memorializing City Council's acrion on July 16, 2008, gcanting an exception to the genernl hours of operation of the skyway fot Metro Square at 121 East 7th Place in Saint Paul. Planning Commission 1, Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission � 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirtn possess a skill not normaily possessed by any cument city empbyee? Yes No Explain all yes answers nn separate sheet and attach fo green sheet Initiating Pcabiem, lssues, OppoRUnity (Who, What, When, Where, Why): Applicant submitted an application to DSI fot an Exception to General Hours of Operarion of the skyway under Skyway Ordinance 140.11. Upon receipt of the application, a public hearing was scheduled. RECE�VEp Advantages If Approved: Disadvantages If Approvetl: Disadvantages If Not Approved: TrensaMion: Funding Source: Financiaf Irrformation: (6cplain) �.�..�� � '.._. . CosVRevenue Budgeted: Activity Number: July 17, 2008 3:25 PM Page 1 OFFICE OF THE CITY ATTORNEY John Choi, CityAttomey /' �'� v� SAINT PAVC � AAIIII C1TY OF SAINT PAUL Ch�stopher8. Co/eman, Mayo� Crvil Division 400 Crfy Hal/ i5 WestKellogg 8(vd. Sainf Paul, Mnnesota 55102 Telephone: 651266-8710 Facsimile: 65l 298-5699 June 30, 2008 NOTICE OF COUNCIL HEARIlVG Betsy George CB Richazd Ellis, Inc. 7760 France Avenue South, Ste. 770 Bloomington, MN 55435 RE: Skyway Ordinance 140.11— Exception to General Hours of Operafion Application for Metro Square Dear Ms. George: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meering scheduled for Wednesday, July 16, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hali and Ramsey County Courthouse. The hearing will address your request for an exception to general hours of operation for Skyway #08 which crosses over Robert Street between 7�' Place and 7�` Street and connects to The Golden Rule Building. V ery truly yours, ..� ' ` `t �f�Lt�1 �.J Rachel Tiemey Assistant City Attomey ca Christine Rozek, Deputy Director of DSI �/2GIary Erickson, Council Secretary Jill Hirons Mazaist, Director, CapitalRiver CounciUDistrict #17, 332 Minnesota Street, Ste. W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer �� District 1,' CapitolRiver Cauncil 332 Minnesota Street Suite W-122 Saint Paul, MN 55101 (651) 221-0488 Website: www.capitolrivercouncil.org E-mail: info@capitolriveercounciLorg Jlll io, 2oos Kathy Lantry Pxesident Saint Paul Cily Council City Hall 15 West Kellogg Blvd St. Paul, MN 55102 RE: Skyway Hour Variance Applications Dear President Lantry: fa�c (651) 221 The Skyway Advisory Committee ("the Committee") held a public hearing on July 7, 2008 on the Skyway Hour Variance Applications. The Committee then voted on these Applications and forwarded 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 determination of the Advisory Committee, on the six remaining "Exception to General Hours of Operation Applicarions" as set out below: Building Skyway Requesfed 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 Application 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 Apaiication Number Six: ������ Golden Rule # 9 crosses 7� Place 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun bg-�g� Golden Rule Fri, Closed Sat 8 Sun # 5 crosses 7` Street 5:00 AM — 7:00 PM Mon — Golden Rule # 8 crosses Robert St. 5:00 AM — 7:00 PM Mon — Fri, Closed Sat 8� Sun The CRC Board voted to oppose, or not support, this Application: 4 Yes votes; 12 No votes; 4 abstentions Anplication 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 Apalication Number Eiqht: 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 Anafication Number Nine: MN Children'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 La�quaqe far All Current and Future Apuroved Aaplications: 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 in 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 CeRificate of Occupancy." Pfease contact me if you have any questions. Sincerely, John Schachterle Executive Director CC: City Council Members Rachel Tiemey, City Attorneys Office Pat Lindgren, Councilmember Thune's Office Peg Fuller, DSI Larry Englund, CRC