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08-786Council File # 08 — 78 �D Green Sheet #�$�� RESOLUT{ON ITY OF SAINT PAUL, MINNESOTA Presented by /! 1 WHEREAS, Cazol D. Aegerter has submitted an applicarion on behalf of the Minnesota Children's 2 Museum at 10 West 7�' Street for an exception to the general hours of operation for the pedestrian skyway 3 system. That application requests an exceprion to the general hours of operation for the portion of the 4 skyway leading from bridge number 6, allowing the building to have the hours of 8:00 a.m. to 6:00 pm. 5 daily, except legal holidays; and 6 7 WFIEREAS, Chapter 140.11(b) of the Saint Paul Legislative Code give the Council the power to 8 grant such exceptions; and 9 10 WHEREAS, the Children's Museum is a destination point within the pedestrian skyway system and 11 does not lead to other buiidings, residences, or retail businesses; and 12 13 WHEREAS, the Museum is closed outside of the proposed hours and there is no wall or door 14 separation to prevent entrance into the Museum from the skyway; and 15 16 WFiEREAS, nearby businesses close on or before 7:00 pm. each day; and 17 18 WHEREAS, the Skyway Advisory Committee considered this application and recommended 19 approval of the application; and 20 21 WHEREAS, the Council may reconsider the exceprion to the general hours if the circumstances 22 change; and 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, the Council held a public hearing on the application for an exception on July 16, 2008 at which time the Council heard a recommendation 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 for the above-stated reasons and approves the alternate hours of 8:00 a.m. to 6:00 p.m. daily except legal holidays; 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. , b�-�8t� 43 44 A copy of tlus resolution, as adopted, shall be sent by first class mail to the applicant. 45 46 Requested by Department of: Adoption Certified by Counci SecTetary By: - �� Appro by �or: � / O B �� By �� _'d1�--�__ Appzoved by the Office of Financial Services By: Approved b Caty Attorney By: � Approved by Mayor for Submission t ouncil $Y� ��,CS...__.�'ig� Adopted by Council: Date °�/�� /��j1� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� SI – �pt of Safety & Inspections Contact Person & Phone: Rachel Tiemey 266-8710 Mast Be on Council Agenda by (Dat 23-JUL-08 /�_�� —�! 1 Ooa Type: RESOLUTlON � E-DocumeM Required: Y DocumeniContact: JulieKraus 17�1UL-08 � Assign Number For Routing OMw Green Sheet NO: 3056949 0 of Sat & I ectio� 1 �ept of SafetY & Inspections i DeVartment Direc[or 2 ' Attom 3 or's Office I Ma or/ASSisfani 4 ouucil 1 5 i Clerk Ci Clerk Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Memorializing City Council's acrion on July 16, 2008, granting an exception to the general houts of operarion of the skyway for the Minnesota Cluldren's Museum at 10 West 7th 5keet in Saint Paul. tlaTions: Approve (A) or ReJea (K): Nersonai service contracts must wnswer me rouowmg uuesnons: Planning Commission 1. Has this personlFlrrn ever worked under a coMrect for this departmeni? C{B Committee Yes No Civil Service Commiss(on 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any cuvent city employee? Yes No Explain all yes answers on separate sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Applicant submitted an application to DSI for an Exception to the General Hours of Operarion of the sk7w�}}�yNF;� ay Ordinance 14Q ll. Upon xeceipt of the applica.tion, a puhlic hearing was scheduled, nC�/� JUL � 8 2008 Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transadion: Funding Source: Financiai Information: (Explafn) CosVRevenue Budgeied: Activity Number: July '17, 2008 3:02 PM Page 1 OFFICE OF TFIE CITY ATTORNEY John Choi, CityAttomey b�� Swtxi PAUL � AAAA CITY OF SAINT PAllL Christopher8. Coleman, Mayor C%V%1 DN%Si0I1 400 Cify Hall l5 WesE Kellogq B/vd SaintPaul, Mnnesofa 55102 Te%phane: 651266-8710 Facsimile: 65> 298-5619 June 30, 2008 NOTICE OF COUNCII, HEARING Carol D. Aegerter Minnesota Children's Museum 10 West Seventh Street St. Paul, MN 55102 RE: Skyway Ordinance 140.11 — Exception to General Hours of Operation Application Dear Ms. Aegerter: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, July 16, at 5:30 p.m,, in the City Council Chambers, Third Floor, Saint Paul Ciry Hali and Ramsey County Courthouse. The hearing will address your request for an exception to general hours of operation for Skyway #06 which crosses over Wabasha Street and connects the Minnesota Children's Museum to Wells Fazgo Place. Very truly yours, �,�� Rachel Tierney Assistant City Attorney cc: C1�ristine Rozek, Deputy Director of DSI vl0iary Erickson, Council Secretary Jill Hirons Mazaist, Director, CapitalRiver CouncillDistrict #17, 332 Minnesota Street, Ste. W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer ��/ Districc 1; CapitolRiver Council 332 Minnesota Street Suite W-122 Saint Paul, MN 55101 (651) 221-0488 Website: wwv✓.capitolrivercouncil.org E-mail: info@capitolriveercouncil.org July 10, 2008 Kathy Lantry President Saint Paul City Council City Aall 15 VJest Kellogg Blvd St. Paul, MN 55102 RE: Skyway Hour Variance Applicarions Dear President Lantry: G��'1 �Ct� fac (651) 221-0581 The Skyway Advisory Committee ("the Committee") held a public hearing on July 7, 2008 on the Skyway Hour Variance Applicafions. 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 determinarion of the Advisory Committee, on the six remaining "Excepfion to General Hours of Operafion Applications" as set out below: Building Skyway Requested Hours Apqlication Number Three: 413 Wacouta to Gilbert Bfdg # 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:�0 AM — 7:00 PM Mon — The CRC Board voted to support this Application: 15 Yes votes; 1 No vote; 4 abstentions Application Number Six: Golden Rule # 9 crosses 7`" Place 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun o��'� �c� Go{den Rule Fri, Ciosed Sat & Sun # 5 crosses �"' Street 5:00 AM — 7:00 PM Mon — Golden Rule # 8 crosses Robert St. 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun The CRC Board voted to oppose, or not support, this Application: 4 Yes votes; 12 No votes; 4 abstentions Application 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 availabfe) The CRC Board voted to support this Application: 13 Yes votes; 4 No votes; 3 abstentions Application Number Eictht: Macy's #16 crosses 6 Street 10:00 AM — 8:00 PM Mon— Sat; 12PM — 6PM Sun (i�cludes path through the building) The CRC Board voted to support this Application: 15 Yes votes; zero No votes; 5 abstentions Application 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 LannuaQe for All Current and Future Apnroved Aaplications• Both the Advisory Committee and the CRC Board adopted the following language for all current and future approved variance applications: "14 circumstances change such as a change in the use of a buifding, 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 Certificate of Occupancy." Please contact me if you have any questions. Sincerely, John Schachterle Executive Director CC: City Council Members Rachel Tierney, City Attorneys Office Pat Lindgren, Councilmember Thune's Office Peg Fuller, DSI Larry Englund, CRC