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09-1287Council File # 09-1287 Green Sheet # ? � S ORDINANCE CITY OF SAINT PAUL, MINNESOTA a� 3 Various Skyway Signs. 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN� 6 • UELIS�►��, � s Section J�� 11 101G 9 Section 140.07 of the Saint Paul L,egislative Code is hereby amended to read as follows: 10 11 Sec. 140.07. Advertising and exterior signs. 12 (a) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Advertising. Billboard-style� e�-enclosed display case, or kiosk advertising is a pernutted use in skyway corridors. The following requirements apply to advertising: (1) The size, shape and placement of advertising siens a���� should be such as to not impede pedestrian circulation in the skyway system. (2) Advertising should be contained in "permanent" nonmovable fixtures including, but not limited to, glass display cases affixed to walls and kiosks anchored to the floor. (3) The design and initial installation of advertising fixtures in the pedestrian skyway system and/or pedestrian malls must be approved by the �°°° � °a������.. � -�:���� a�� affected building owner and the department of safetv and inspections in consultation with the skvwav eovernance advisory committee. ^:� °a°°�*�°��� �°�,-� �h� �� :��*� i n �rrr-P r �. a i ,..«e... ,. ..�a .......:.... .....ti e ,.... ,. ,...«�,...:.,,.a r � l.e rih. r ril ..l.:rl. ..rAi.,nr�r.. ..1...71 71 . J J e..t.. ,.F tl..:.. ..ti,... 1�:� �'�.'::.u: J :«,. F...t,.«e ..1...17 1.,. . �+..11e,7 ....,�: �..., � . u �^" : "°'° `''° - °„'° �`''�:° , Advertising installers shall contract with the owner of the building in which each advertising fixture is to be located for services to be provided from the building for tbe fixture. (4) Advertising and displays should be changed at least every other month. (5) Advertising shall not be permitted within the skyway bridges. (6) Advertising shall be subject to such additional rules and regulations as the skyway governance advisory committee may recommend, subiect to Council approvala°�.�. (7) Buildine owners shall ensure that all advertising fixtures, cases and displays are s�l-be covered by all risk personal property insurance and public liability insurance. Minimum policy limits shall be replacement cost of the advertising fixtures, cases and displays for all risk personal property coverage and nublic liabilitv insurance in the limits of not less than the amounts provided for municiroalities under Minnesota Statute §466.04 fullv indemnifyin�, defendine and holdine harmless the citv, its officers, boards commissions committees, emplovees and a�ents from anv and all claims, suits actions liabilitv and judements for damaees, includin�, but not limited to, expenses for reasonable le�al fees and disbursements assumed bv the citv in connection with the installation, placement and An Ordinance Amending Chapter 140 Of The Saint Paul Legislative Code Outlining Requirements For 09-1287 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 (b) 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 �g) (9) maintenance of skyway signs and standazd skvwav ma�s. e�e�� ;e:,���,^��.nm .. ,.�e r,..:« ,. e f,... �w,. ....�.r.,. � :....:.:... :..�.._....,.,. Insurance policies shall be issued by companies licensed to do business in Minnesota, shall name the city, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA"), as additional insureds, and shall not be cancelable without ihirty (30) days' written notice to the additional insureds. Endorsements of a policy or policies issued to the building owner providing additional insured coverage to the advertising fixture installer and the city in coverages otherwise meeting the requirements of this subsection shall be acceptable in lieu of a separate policy or policies. ": �� u�°��*:°:�� :�°�°„�- °�a h i3ilrlir��.. ..�..,ii ,.�. „H.,. .-: .. ,.. «�.,. ,.«�,e.. c,._ ..ii a �Anv owner of a building containin� advertisin� signs within the easement area must submit a copv of this uolicv to the department of safety and inspections upon request The installation of displays, cases and fixtures and any advertising therein shall comply with all other applicable laws and regulations. If permission to install or maintain any such advertising is withdrawn or revoked by the department of safetv and inspections �::r�..ur b�.,,�.� �°�°a°�°�-�• � --�:«•�� for failure to abide by the guidelines as provided in this section, by operation of an agreement, or by court order, the owner of the buildinQ � shall at his or her own expense remove such advertising and restore the pedestrian concourse to its former condition. � Anv buildin� owner allowine advertisinQ siens within their buildin ig s responsible for satisfyine these and anv other reeulations related to these si ns. Exterior signs. Banners or signs may be affixed to the exterior of skyway bridges. The following requirements apply to exterior banners and signs: (1) The size, shape and placement of banners and signs shall be in conformity with section 64.505(b)(1) and the specification of the city department of public works. (2) No banner or sign sha11 be affixed or removed except by the city department of public works. (3) No banner ar sign shall be affixed except by permit granted under this section which shall fix a date certain for removal of the banner and signs. (4) No permit shall be granted unless the permit applicant provides public liability insurance issued by a company licensed to do business in Minnesota in amount (�-1 of not less than the amounts provided for municinalities under Minnesota Statute §466.04 for single event coverage, naming the city and HRA as additional insureds which shall not be cancelable except upon ten (10) days' written notice to the city and HRA. In event of canceilation of the policy, the banners and signs shall be removed unless a replacement insurance policy is provided by the permittee. (5) The permittee shall be responsible for all costs to the city in affixing, maintaining and removing such banners and signs. The permit applicant shall guarantee or secure payment of these costs in such manner as the skyway governance/advisory committee may reasonably require. (6) Because skyways aze primarily an alternative pedestrian access, the maximum number of days per year each skyway may have banners affixed is 120 days. The director of the department of public works may grant an exception to this limit for good cause. The reasons justifying the exception must be stated in writing at the time of application for the banner permit. 09-1287 89 � Location Advertisinz Signs within a building or complex indicating the location of a business 90 inside that building or complex mav be installed and maintained by the buiidin� owner and aze not 91 subject to advertising siQn regulations. 92 93 Section 2 94 95 Section 140.12 is hereby created to read as follows: 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 ll5 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 14012 Skywav Svstem Standard Directional Signs and Backlit Standard Skywav Maps (a) Each owner of a building throueh which the pedestrian skvwav easement passes shall provide the following installation of standard si¢n structure design to hold the standard directional si�ns• 1. Boxes susuended from the ceiling capable of holdin¢ directional signs that aze at least six (61 feet in leneth and at least nine (91 inches hieh. 2. At least one two-sided directional sien box shall be installed at or near the entry to each skvwav bridge. If a buildinQ contains an intersection leadine to more than one skvway bridge, the buildinQ owner shall also install at least one directional two-sided sien box at that intersection; more boxes shall be required by the department of safetv and inspections if the director deems it necessarv in order to nroverlv direct pedestrians through the easement area. 3. To ensure wa -v ��1ine, all building owners must install at least one conformin� si n¢ at or near the entrance to each skvwav bridge and at or near each intersection leading to additional skvwav bridges that must incorporate way-findin¢ directions, skyway logo and the standard back�round color all as adopted bv resolution of the Citv Council as ordered bv the Department of Safety and Inspections. Any nonconforming signs in existence on May 1, 2009, other than those requiring replacement due to way-findine, shall not be required to be chan�ed to meet this standard. 4. All Directional si�ns required in this ordinance must be internallv illuminated so that thev can be read easilv durin� all hours of operation. �) The Citv of Saint Paul shall provide the following to buildine owners to be placed inside the standazd sien structure: 1. Plastic insert of the standard sk ��way directional si�n for the standard sien structure. 2. The insert shall be desi¢ned and provided bv the department of safetv and insnections. The department of safety and insoections sha11 submit a bill to all buildine owners for their share of the cost as provided in the General Policv Statement for the Construction of the Saint Paul Skvwav Svstem, as amended from time to time. 3. The design of the text, back�round, color and wav-finding directions of standazd directional si�n sha11 be adopted bv resolution bv the Saint Paul Citv Council upon consultation with the Skywav Governance/Advisorv Committee and the Department of Safetv and Inspections. The text, background and color of all skvway directional siQns shall be of the same desien. (c) Backlit Standazd Skyway Mans. Each owner of a buildine in which advertisements are located must install and maintain at least one (1) backlit standazd skvwav mau. Two (2) backlit standard sk�wav maps are required if the buildine contains five (5) or more advertisinQ si�ns. The backlit standard skvwav map shall be made up of a plastic insert into a backlit box that will hold a standard skywav map that is at least thirtv-six (36) inches tall and at least twentv four (24) inches wide. The box that holds the backlit standard sk�way map must be compatible with adiacent advertising. It is 09-1287 135 136 137 138 pernussible for the backlit standard skvway map to be incorporated in to laz¢er box that also contains advertisine material. Section 3 139 140 Section 140.13 of the Saint Paul L,egislative Code is hereby created to read as follows: 141 142 Section 140.13. Location of Advertising Si�ns. 143 144 145 146 147 148 149 I50 151 I52 153 154 155 156 157 158 159 160 New L,ocations No advertising sign shall be placed within the easement area or blockine any part of the easement area until the followin�nrocedure has been accomnlished and the location has been aporoved bv department of safetv and inspections: (a) The owner shall submit to the director of the department of safetv and inspections an application on the form provided bv the department of safety and inspections. That form shall require: a site plan a descrivtion of how anv electric service will be provided, anv unique fixture desien required to accommodate the advertisin� sien to the �roposed location, policies of insurance required under section 140.07 of this ordinance, and any other information the director mav require. No advertising sign shall be placed unless the apulication is anproved by the director. In determinin� whether to approve a�rovosed location, the director shall consider the size of the oronosed dis l�ay and the number and size of advertisine siQns within 300 feet of the proposed siQn location. (b) The owner shall obtain all building and other required permits from the city or anv other a�ency of government as the law requires. No advertising sian shall be installed unless all required pernuts have been obtained. Section 4 161 Section 140.14 of the Saint Paul I.egislative Code is bereby created to read as follows: 162 163 164 165 166 167 168 169 170 171 172 173 174 Section 140.14. Maintenance of Skvwav Advertisine Si¢ns and Backlit Standard Skvwav Maps. The buildinQ owner shall ensure that all advertising displav fixtures and siQns are maintained in an operatin� condition to the reasonable satisfaction of the director of the department of safetv and ins�ections. Maintenance includes all reasonable servicing of the si�n fixture replacement of worn or malfunctionine parts of the fixture or its electric service as well as repair or renlacement of an improperly functionin� fixture The building owner shall update the standard skvway map a minimum of once ner vear. Updated standazd skywav maps can be obtained at no charge from the Department of Safetv and Inspections. Section 5 175 Section 140.15 of the Saint Paul L,egislative Code is hereby created to read as follows: 176 177 Section 140.15. Removal of advertisin¢ displav fixtures. 178 179 (a) The department of safetv and insnections mav order the owner to remove anv advertising displav 180 fixture when it reasonablv determines that it constitutes a public nuisance, that it imnedes 09-1287 181 182 183 184 185 186 187 188 189 190 pedestrian circulation in the skvwav svstem, or when it finds that maintenance is inadequate under section 140.14 herein. If the citv requires removal of an advertising displav fixture, the citv shall give the owner a reasonable period of time to remove the displav fixtures thereon. (b) If the owner fails promptiv to remove an advertisin¢ displav fixture when ordered to do so by the department of safetv and inspections, and the owner does not make timely apveal of those orders the city mav have the fixture removed within ten (101 davs after written notice to the owner of the city's intent to remove the fixture, and the owner shall pav the cost of removal or stora�e thereof Section 6 191 Section 140.16 of the Saint Paul L.egislative Code is hereby created to read as follows: 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Section 140.16. Request for Enforcement. (a) Anv person, firm or comoration, or anv office department board bureau or committee mav make a request to the department of safety and inspections that the department issue an order to a building owner to complv with this chapter. The request shall be in writin¢ and include the basis for enforcement of this chapter The department of safety and inspections shall respond to the request in writin� to the requester and inform them whether their reauest for enforcement will be eranted or denied (b) If a nartv makes a request for enforcement to the department of safetv and inspections and that recLuest is denied, the denial mav be appealed in the manner set for in 140.17 below. In such a case the building owner shall be given notice of the appeal and is entifled to be heard at the �ublic hearin bg efore the leeislative hearin�officer in the same manner as if the building owner had appealed orders issued to the buildine. If the Council orders the requested enforcement the buildine owner shall not have a second onportunity to appeal the decision to enfarce the provisions of this cha t�er Section 7 210 Section 140.17 of the Saint Paul I,egislative Code is hereby created to read as follows: 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 Section 140.17. Aupeals Process. � Procedure for Filing an Appeal Unless another procedure is indicated within a particular section of this chanter an appeal may be taken by any person firm or corporation or bv anv office department board bureau or committee affected bv a decision made under or enforcement of this chapter bv the department of safety and inspections. The appeal must be made within ten (10) davs of notice of the decision of the department of safetv and inspections The notice shall be served either in nerson or bv mail upon the owner of the �ropertv or the party seekine enforcement of this chapter. The appeal must be filed with the City Clerk's office and include the filina fee outlined in Chapter 18.02 of the Saint Paul Legislative Code. L� Notice of Hearine Date. In the event that an appeal is filed, the citv clerk shall mail a nouce of the date, time, place and subiect of the heazine to the buildine owner, appellant and the skywav Qovernance committee. 09-1287 226 227 228 229 230 231 232 233 234 �c) L,e�islative Hearin� Officer. The I,egislative Hearing Officer shall convene a nublic hearing at which time the appellant shall have an opportunitv to present evidence and testimonv in support of the appeal. The legislative hearine officer mav receive evidence and testimonv from the de�artment of safety and inspections and other narties who wish to be heazd. UDOn receivin� the evidence and testimonv the legislative hearine officer shall make a written recommendation to the citv council which mav confirm modify, revoke, alter or cancel the order of the department of safety and inspections. Section 8 235 Section 140.18 of the Saint Paul L,egislative Code is hereby created to read as follows: 236 237 Section 140.18. Severabilitv. 238 239 If any section, subsection, sentence, clause phrase or vortion of this ordinance is for anv reason held 240 invalid or unconstitutional bv any court of competent iurisdiction such nortion shall be deemed a separate 241 distinct and independent provision and such holding shall not affect the validitv of the remainingportions 242 thereof. 243 244 Section 9 245 246 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and 247 publication. 248 �U�Lt�H�� J'!{� 1.� ZDI� Bostrom Carter x��s Helgen Stark Requested n by Department of: .aJ� . . �! B ����,�'�z�- Approved by the Office of Financial Services � Thune � Approv by City Attorney By: /' (�✓ a �^^� — ! � S 0 ' 1 Adopted by Council: Date ���a��� Approv d by ayor r Submi io Counc'1 Adoption Certified by Cou cil Secretary By: By: Approv y r: Date �� L� By: � � 09-1287 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmentlOffice/Council: ' Date Initiated: I ! S � _Dept.ofSafety&Inspections ; 03NOV2009 ! Green Sheet NO: 3086956 � � ' ConWd Person 8 Phone: , � I Bob Kessler '� 266-9013 ' Assign �' Must Be on Coun i�l�A by ( • . Number � �� I )' U.W I �}C�'�1 For ts-1 Routing � Doa Type: �RDINANCE �� Order E•DOCUment Required: Y Docume�t CnntacL Robert Humphrey ConWct Phone: 266-9123 Total # of Signature Pages _(qip All Locations for Signature) �� 0 �Dept of SateN & Insoections i i i 1 Dent of Saferi & Inspections !� Deparhnent Director � 2 'C1N Attoruev i� 1 ! - f• p � 3 iMavor's 0f5ce I i MayodASSistant ! 4 ;Cooncil i! 5 City Clerk � Ciry Clerk ' i Action Requested: Approval of a comprehensive update of the skyway ordinance goveming adver[ising and directional (way finding) signage, plus the addition of skyway systems maps to be maintained by building owners. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Crvil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally 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): This legislation incorporates the many changes and suggesrions that k�ave come tluough the Capitol River Council's Skyway Governance/Advisory Committee. It will imprpve signage throughout the skyway system and provide for uniform enforcement of skyway signage regulations by the Department of Safety and Inspections. Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financi al Information: (Explain) CosURevenue Budgeted: Activity Number: itlU i� S i�o5 November 3, 2009 1:27 PM Page 1