07-925Council File # � � � as
Green Sheet # 3041970
OF
Presented by
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ORDINANCE
�INT PAUL, MINNESOTA
AI DINANCE AMENDING LEGISLATIVE CODE §
140.06 REGULATING CONDUCT IN THE SKYWAY SYSTEM BY
DELETING OBSOLETE LANGUAGE AND ADDING NEW
LANGUAGE REFLECTING CHANGES IN THE ADMINISTRATIVE
PROCESS FOR REGULATING SKYWAY CONDUCT
�
7 LEGISLATIVE BACKGROUND. In Council File No. 96-1486, the City Councif repeafed
8 the ordinance establishing the Skyway Governance Committee. However, Council
9 File No. 96-1486 failed to remove all references to the Skyway Governance
10 Committee contained in Leg. Code Chap. 140. The purpose of this ordinance
11 amendment is to remove those references from Chap. 140. In addition, in Council
12 File No. 06-977, the Council accepted an invitation from the Capitol River Council to
13 establish within that Council, a Skyway Governance Advisory Committee whose
14 purpose would be to advise the City Council and City staff on issues relating to the
15 skyway system. The resolution accepted the invitation with the express provision
16 that the City retained all of its exclusive police powers to enforce skyway regulations
17 and permit processes. Further, the City's code has recently consolidated its various
18 code enforcement divisions into a single department of safety and inspections. It is
19 also the purpose of the amendments herein to provide the new department of safety
20 and inspections with the authority and procedures necessary to enforce the City's
21 skyway regulations.
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24 THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN
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26 Section 1.
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28 That Leg. Code § 140.06, entitled "Sales and performances" is hereby amended to
z9 read:
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31 Sec. 140.06.1
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33 No group, entity or person shall promote, advertise or sell articles or conduct,
34 engage in or cause to be presented any type of exhibition, show, performance,
35 parade, race or entertainment in the pedestrian skyway system or other pedestrian
36 mall, or affix or cause to be affixed any type of banner or exterior sign to the skyway
37 bridges, unless such person, entity or group shall first have received a permit from
38 the ��••���• ^ ^ of safety and inspections. This
39 prohibition shali appiy irrespective of whether or not such person or group has a
40 license from the City of Saint Paul or other governmental body for such activity,
a�-9�-5
41 except for advertising as permitted under section 140.07.
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43 Before the department of safety and inspections may
44 issue aa� permits under this section, the ��department must develop
45 written rules or guidelines to govern such issuance, which rules shall be approved by
46 the Saint Paul City Council by resolution. Such rules and guidelines may properly
47 consider such factors as noise and traffic congestion in the pedestrian system and
48 may limit the number of permits granted per day or the size of groups allowed in the
49 pedestrian system, the nature of the activity or activities to be permitted and their
5o impact on unimpeded pedestrian passage within the pedestrian skyway system or
51 the locations in which such activities are carried on. The director of the department
52 of safetv and inspections in consultation with the chief of �,olice shall consider the
53 standards for issuance of a oermit as described in Saint Pau1 Legislative Code
54 Section 366A.06.
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56 The rules may take into account the interests of a property owner or owners within
57 whose property the pedestrian skyway system or pedestrian mall or part thereof is
58 located including the impact of nonpedestrian passage activity to be permitted upon
59 such owner's obligation to repair, maintain and secure the system or mail within the
60 owner's building and upon the owner's obligations to its tenants. The rules may
61 require a permittee to contract with the owner or manager of any building in which
62 the permitted activity will take place for utility, sanitary, janitorial, maintenance or
63 other service or services, and to provide casualty and liability insurance coverage
64 protecting the permittee, the city and the building owner against claim or loss
65 arising out of the permitted activity. However, the rules may not allow the
66 committee to arbitrarily or discriminatorily select one (1) group over another to
67 which to issue a permit, but this standard shall not prohibit selection of a permittee
68 by means of lottery or chance when circumstances require a limit to the number of
69 permits granted. The rules and guidelines as adopted by the city council shall be
7o reviewed periodically, and at least every two (2} years the skyway governance
71 committee shall submit its recommendations respecting rules changes.
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73 The department of safety and inspections shali inform the CapitolRiver Council and
74 its Skvway Governance Advisory Committee within two (2) business davs of recei�t
75 of an application to use the skyway system utilizingthe applicable early warninq
76 notification system procedures as set forth in Admin. Code App. A-11. The
77 department of safety and inspections shall not issue a permit to use the sk�way
78 system until the department has received a recommendation from the Skywav
79 Governance Advisory Committee or until seven (� business davs have elapsed from
80 the date the notice of application was referred to the Committee without a
81 recommendation back from the Committee.
82 Sec. 140.06.2. Appeal procedure.
83 (a�Any applicant shall have the right to appeal the denial of a permit under this
84 section to the city council. The denied applicant shall make the a�peaf within five
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�5) days after receipt of the denial by filing a written notice with the department of
safetv and insoections and a copy of the notice with the city clerk. The city council
shall act upon the aopeal at the next scheduled meetin�followi�g receipt of the
notice of appeal.
(b) District Council 17 shall have the right to appeal the denial or apqroval of a
permit to the city council. The district council shall make the a�peal within five (5)
days after receiqt of the denial or approval by filing a written notice with the
department of safetkand inspections and a coqv of the notice with the city clerk.
The citv council shall act unon the apoeal at the next scheduled meeting following
receipt of the notice of appeal.
(c) In the event the citv council re�ects an applicant's appeal, the applicant may file
an immediate request for review with a court of comoetent jurisdiction.
Section 2
That Leg. Code § 140.10(6)(b), entitled °Safety requirements" is hereby amended to
read:
(6) On and after June 1, 1991, the owner of a building containing an element of
the pedestrian skyway system shall provide, in the building owned, for the
reasonable observation or surveillance of the portions of the pedestrian
skyway system located by video cameras or by patrolling security personnel
b. Patrolling security personnel used for observation or
surveillance shali patrol during ail hours of skyway operation and
the frequency of patrol shall be determined by the building owner.
The building owner, when determining the frequency of patrols,
shall consider the size and design of the skyway portion located in
the building, the type of uses located in the building, incident
trends and the means of surveillance implemented in adjoining
structures. The department of safetv and ins�ections in
consultation with the Sk wa
Governance Advisorv Committee shall recommend minimum city
standards for patrol and review for compliance to be approved by
the city council.
Section 3
This ordinance shall become effective thirty (30) days after its passage,
approval and publication.
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Benanav
Bostrom
Requested by Deparhnent of:
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Adopted by Council: Date �Q
Adoption Certified by Coupcil Secretary
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Approved May �: Date �� Z� O
By:
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Form Appro + y�ttomeY
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Form App , ed �yor for �b issio to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Person & Pho�e:
Councilmember Thune
266-8620
Doc. Type: ORDINANCE
E-Document Required: Y
DocumentCOntact: PatLindgren
Contact Phone: 26E8621
18-JUL-07
�
Assign
Number
For
Routing
Order
Total # ofiSignature Pages _(Clip All Locations for SignaWre)
Green Sheet NO: 3041970
0 ouncil
1 ouncil I Depar�entD'uector i
2 ,(,Sty Attorner I
3 'ty Clerk I
4
5
Amending Secrion 140.06 of the Saint Paul Legislarive Code regularing conduct in the skyway system by deleting obsolete language
and adding new language reflecting changes in the administraUVe process for regulating skyway wnduct.
Planning Commission 1. Has this personlfirm 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
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages lf Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
AMiviry Number: . . � ��
S Gf W 1 LIIU(
September 14, 2007 2:52 PM Page 1
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`QRDINANCE
ITY OF SAIt�TT PAUL. MINN
Council File # ) �1 � �-�j�
Green Sheet # 3043361
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A�DINANCE AMENDING LEGISLATIVE CODE §
`�40.06 REGULATING CONDUCT IN THE SKYWAY SYSTEM BY
D�LETING OBSOLETE LANGUAGE AND ADDING NEW
LAIV�UAGE REFLECTING CHANGES IN THE ADMINISTRATIVE
k
PROCESS FOR REGULATING SKYWAY CONDUCT
LEGISLATIVE BACKGROUND. In Council File No. 96-1486, the City Council repealed
the ordinance establisli�ing the Skyway Governance Committee. However, Council
File No. 96-1486 failed to.. all references to the Skyway Governance
Committee contained in L�g. Code Chap. 140. The purpose of this ordinance
amendment is to remove th�e references from Chap. 140. In addition, in Council
File No. 06-977, the Council aecepted an invitation from the Capitol River Council to
estabfish within that Council, a��ay Governance Advisory Committee whose
purpose would be to advise the Ci Council and City staff on issues relating to the
skyway system. The resolution acc � ted the invitation with the express provision
that the City retained all of its exciusi e police powers to enforce skyway regulations
and permit processes. Further, the City�code has recently consolidated its various
code enforcement divisions into a single de�artment of safety and inspections. It is
also the purpose of the amendments herein'�o provide the new department of safety
and inspections with the authority and proced ��res necessary to enforce the City's
skyway regulations. �
TIiE COUNCIL OF THE CITY OF SAINT PAUL
Section 1.
That Leg. Code § 140.06, entitled ��Sales and performan
read:
Sec. 140.06.1
hereby amended to
No group, entity or person shall promote, advertise or sell arti�Jes or conduct,
engage in or cause to be presented any type of exhibition, show, perf'�.rmance,
parade, race or entertainment in the pedestrian skyway system or othe�,pedestrian
mall, or affix or cause to be affixed any type of banner or exterior sign to�the skyway
bridges, unless such person, entity or group shall first have received a perr�it from
the department of safety and inspections. This
prohibition shall apply irrespective of whether or not such person or group has'a
license from the City of Saint Paul or other governmental body for such activity,
���"� �� ��� �
�s��
HEREBY ORDAIN
� � �
b� � q 2�5
41 cept for advertising as permitted under section 140.07.
42
43 Before he department of safe� and inspections may
44 issue permits under this section, the �,",�deoartment must develop
45 written ru s or guidelines to govern such issuance, which rules shali be approved by
46 the Saint Pa ,I City Council by resolution. Such rules and guidelines may properly
47 consider such actors as noise and trafFic congestion in the pedestrian system and
48 may limit the n mber of permits granted per day or the size of groups allowed in the
49 pedestrian syste ,, the nature of the activity or activities to be permitted and their
5o impact on unimpe , d pedestrian passage within the pedestrian skyway system or
51 the locations in whi , such activities are carried on. The director of the department
52 of safet and ins ecti� s in consultation with the chief of olice shall consider the
53 standards for issuance a ermit as described° in Saint`Paufi Le islatiVe Co
54 Section 366A.06. A - ����� ��� � �
55
56 The rules may take into accou the interests of a property owner or owners within
57 whose property the pedestrian s way system or pedestrian mall or part thereof is
58 located including the impact of no edestrian passage activity to be permitted upon
59 such owner's obligation to repair, ma' tain and secure the system or mall within the
60 owner's building and upon the owner's bligations to its tenants. The rules may
61 require a permittee to contract with the o ner or manager of any building in which
62 the permitted activity will take place for uti 'ty, sanitary, janitorial, maintenance or
63 other service or services, and to provide cas Ity and liability insurance coverage
64 protecting the permittee, the city and the builc�'eng owner against claim or loss
65 arising out of the permitted activity. However, t rules may not allow the
66 committee to arbitrarily or discriminatorily selec�e (1) group over another to
67 which to issue a permit, but this standard shall not rohibit selection of a permittee
68 by means of lottery or chance when circumstances r uire a limit to the number of
69 permits granted. The rules and guidelines as adopted the city council shall be
70 reviewed periodically, and at least every two (2) years t e skyway governance
71 committee shall submit its recommendations respecting r les changes.
72
73 The department of safety and inspections shall inform tl
74 its Skyway Governance Advisory Committee within two
75 of an application to use the sk�wav system utilizing the
76 notification system procedures as set forth in Admin. Cc
77 department of safety and inspections shall not issue a�
78 svstem until the department has received a recommenc
79 Governance Advisory Committee or until seven (7) busi
80 the date the notice of application was referred to the Cc
r �1�
&�
d
��, �"�
�
81 recommendation back from the Committee. `'�:,,
82 Sec. 140.06.2. Appeal procedure. `
83 (a) Any applicant shall have the riqht to appeal the denial of a permit under this
84 section to the citv council. The denied applicant shall make the appeal within five
6�-�l 2�
(5) days after receipt of the deniai bv filing a written notice with the department of
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Section 2
That Leg. Code § 140.10(6)(b);�entitled ��Safety requirements" is hereby amended to
read:
(6) On and after June 1, 1991, the wner of a building containing an element of
the pedestrian skyway system s II provide, in the building owned, for the
reasonable observation or surveill ce of the portions of the pedestrian
skyway system located by video car�ras or by patrolling security personnel.
/
��
� '
L ��
���
b. Patrolling security p' rsonnel used for observation or
surveillance shall patrol during al ours of skyway operation and
the frequency of patrol shall be det mined by the building owner.
The building owner, when determinin the frequency of patrols,
shall consider the size and design of th skyway portion located in
the building, the type of uses located in e building, incident
trends and the means of surveillance impl ented in adjoining
strucCures. The deqartment of safetv and in'�ections in
Governance Advisorv Committee shall recomm
standards for patrol and review for compliance
the city councif.
Section 3
minimum city
e approved by
This ordinance shall become efFective thirty (30) days after its passage,
approva4 and publication.
f��-���
129
Adoption Cer[ified by Council Secretary
B
Approved by Mayor: Date
�
Requested by
By:
Form App�
By:
v
Form Approved by Mayor for Submission to Council �.
�
By:
��
\
Adopted by Council: Date
� Green Sheet Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet �
���d J
co ' -����
CoMact rson & Phone:
Dave une
266-862
Must Be on Co cil Agen
OSSEP-07
Doc. Type: ORDI CE
E-Document Required: �
DocumentContact: E
Contact Phone: :
ToW I# of Signature Page�.
I 27-AUG-07
� � � �
Assign �
y (Date): Number i
For
Routing
Order
Benson
20
�\ Clip All Locations for Signature)
Green Sheet NO: 3043361
0 ooncil
1 ouocil , De arhnent Director
2 'tvAttoruey � CtityAttorneV
3 i Clerk C� Qerk
4 I
5
An ordinan,¢e-amending Secrion I�6 of the Saint Paul Legislarive Code regularing conduct in the skyway systetn by deleting
obsolete language and adding new lan age.
Planning Commission 1. Has this person/frtn 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 ihis personlfirm possess a skill ttot rrormally possessed by any
'`tcurrent city employee?
"e,
`7es No
Expia�n all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where,
Advantages If Approved:
Disadvantages If Approved:
i Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial I nformation:
(Explain)
CostlRevenue Budgeted:
Activity Number.
� � � � '
��' August 27, 2007 2:10 PM
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