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08-790Council File # -� '�J Green Sheet # 30 S( q�(o RESOLUTION 1 WI-IEREAS, Maureen Smith submitted an application on behalf of Sibley Square at 190 East 5�' 2 Street for an exception to the general hours of operarion for the pedestrian skyway system. That 3 application requests an exception to the general hours of operation for the portion of the skyway leading 4 from bridge numbers 26 and 36, allowing the building to have the hours of 6:30 a.m. to 6:00 p.m., Monday 5 through Friday and no hours on Saturday and Sunday; and 6 7 WHEREAS, Chapter 140.11(b) of the Saint Paul Leaslative Code give the Council the power to 8 grant such exceptions; and 9 10 11 and 12 13 14 15 WHEREAS, skyway access connecting bridges 26 and 36 is available through 180 East 5�' Street; WHEREAS, the majority of the tenants of Sibley Square are Federal Government tenants; and WHEREAS, most tenant offices are not open to the public and none remain open past 5:00 p.m. on 16 a Friday; and 17 18 WIIEREAS, 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 Deparhnent of Safety and Inspections, the applicant was given an opportunity to speak, and public testimony 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 altemate hours of 630 a.m. to 6:00 p.m., Monday through Friday and no hours on Sahzrday or Sunday; and be it FLJRTHER RESOLVED, that access to skyway bridges numbers 26 and 36 shall not be obsh during the general hours of operation; and be it FINALLY RESOLVED, that the Council may reconsider the exception to the general hours of operation if the circumstances that gave rise to the exception change. CITY OF SAINT PAUL. MINNESOTA �'� �S ��o 43 A copy of this resolution, as adopted, shall be sent by first class mail to the applicant. Yeas Nays Absent Bostrom �/ Carter ✓ Harris ,i Helgen ✓ Lantry �/ Stark � Thune �/ / U Adopted by Council: Date ���3�jJ� Requested by Departrrient oE ��y By: `� .��.�a,�,� � ��'�� Approved by the Office of Financial Services By: Approv by City Attomey BY� �C�� � � vt�.cit Approved by Mayor for Submission to Council Adoption Certified by Council Secretary gy �j o � B : lL�tl�ctL�� v • �. � -. . � �. - �I L� .. / �. I//►� _ _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � l�S��r?� � s� -ne orsarery � �,�eo� Confact Person & Phone: Rachel Tiemey 266-8710 Must Be on uncil Agenda by (Daf 23-JUL-OS �C� � � Doc.Type: RESOLUTION E-Document Required: Y DocumeM Contacf: Julie Kraus ConWct Phone: 2668776 17JUL-08 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3056956 0 �ept ofSafety & Iaspectioas � 1 e➢L nf Safety & Inspections DeDS�finent Director 2 ' Attome 3 or's Ofiice Ma or/Assistant 4 omca 5 C5 Clerk Memorializing City Council's action on July 16, 2008, granting an exception to the general hours of the ihe skyway for Sibley Square at 190 - East Sth Street 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 persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No 6cplain all yes answers on separste sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Applicant submitted an application to DSI for an Exception to General Hours of Operation fo the skyway under Skyway Ordinance 140.11. Upon receipt of the applicarion, a public hearing was scheduled. Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: JUL 1 8 2008 Trensaction: Funding Source: Financial Information: (F�cplain) Activity Number: July 17, 2008 3:20 PM CosVRevenue Budgeted: Page 1 OFFICE OF TIIE CITY ATTORNEY John Choi, CityAttomey UD�� SAINi PAUL � Al1AA CITY OF SAINT PAUL Christopher8. Coleman, Mayor Civil Division 400 City Hall 15 West Kel/ogg 8tvd. Sainf Paul, Mnnesota 55102 Telephane: 65l 266-8710 Facsimile: 651298-5619 June 30, 2008 NOTICE OF COUNCIL FiEARING Maureen Smith Grubb & Ellis Management Services, Inc. 190 East 5�` Street, Ste. 250 St. Paul, MN 55101 RE: Skyway Ordinance 140.11 — Excepfion to General Hours of Operation Application for Sibley Square Dear Ms. Smith: 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 Pau1 City Hall and Ramsey County Courthouse. The hearing will address your requesf for an exception to general hours of operation for Skyway #26 & #36 which crosses over Fourth Street and Fifth Streets which connects Sibley Square to Galtier Plaza. V ery truly yours, Z�� � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI �Iary Erickson, Council Secretary Jill Hirons Maraist, Director, CapitalRiver CounciUDistrict #17, 332 Minnesota Street, Ste. W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer ��� Discricc 3� CapitolRiver Council 332 Minnesota Street Suite W-122 Saint Paul, MN 55101 (651) 221-0488 Website: vnvw.capitolrivereouncll.org E-mail: info@capitolriveercouncil.org July 10, 2008 Kathy Lantry President Saint Paul CiTy Council CiTy Hall 15 West Kellogg Blvd St. Paul, MN 55102 RE: Skyway Hour Variance Applications Dear President Lantry: b�S��9� fac (651) 221-0581 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 deternunation of the Advisory Committee, on the six remaining "Exceprion to General Hours of Operation Applications" 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 A�plication 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 Appiication Number Six: Golden Rule # 9 crosses 7` Place 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun b�-� 1b Golden Rule # 5 crosses 7 Street 5:00 AM — 7:00 PM Mon — Fri, Closed Sat & Sun 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: Sibiey Square Skyway Hall thru building 6:30 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 Application 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 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 Lanquaqe for All Current and Future Approved Applications: Both the Advisory Committee and the CRC Board adopted the following language for all current and future approved variance applications: "ff circumstances change such as a change in the use of a building, or �earby developments occur, resuiting 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