Title
RESOLUTION VACATING ALL OF THE SKYWALK EASEMENTS WITHIN THE MINNESOTA POWER BUILDING, 30 WEST SUPERIOR STREET, AND ACCEPTING DEDICATION OF A REPLACEMENT SKYWALK EASEMENT OVER A STAIRWAY FROM THE EXISTING SKYWALK BRIDGE OVER SUPERIOR STREET TO THE SUPERIOR STREET LEVEL OF THE BUILDING.
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CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (d) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission (PL 19-042) and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that all of the skywalk easement is not needed for public pedestrian passageway purposes if a replacement easement is obtained as shown on Attachment 2; and
(c) The city planning commission, at its Tuesday, May 14, 2019 regular meeting, recommended approval of the skywalk easement vacation with the condition that the vacation shall not be final until the completion of construction of a replacement stairway and skywalk access to Superior Street and recording in the office of the St. Louis County Recorder of a replacement Skywalk Easement Agreement in a form approved by the Land Use Supervisor, said recording to occur immediately following recording of the vacation; and
(d) Subject to Paragraphs (e) and (f) below, the city council of the city of Duluth approves the vacation of the skywalk easements in the Minnesota Power Building, 30 West Superior Street, more particularly described in Attachment 1; and
(e) Subject to Paragraph (f) below, that the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the skywalk easement to be vacated upon notification from the Land Use Supervisor that the replacement stairway and skywalk access has been completed substantially in the form of that attached hereto as Attachment 2, and replacement skywalk easement to be recorded immediately following recording of the vacation; and
(f) The Skywalk vacation must be recorded within 90 days of completion of construction of the replacement Skywalk stairway and Skywalk access to Superior Street and before December 31, 2020 or this resolution will lapse and be of no force and effect and the subject vacation shall be deemed to have been denied.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates the existing skywalk on the first and second floors within the Minnesota Power Building, 30 West Superior Street, after dedicating a replacement easement providing for the construction of a stairway from the south end of the skywalk bridge over Superior St. to Superior St.
Minnesota Power has expressed concern in the vacation petition that having “public pedestrian passageways (the skywalk) inside and immediately adjacent to the Minnesota Power building poses a significant concern for the physical security of our region’s critical energy infrastructure.”
When considering the vacation of the skywalk the Council must determine that those passageways are needed for public access to important services and facilities. At the time of construction, the skywalk provided public access to commercial uses in the building as well as public parking below the building and adjacent plaza. However, those commercial uses have ceased with the Jolly Fisher restaurant closing (27 years ago) and other commercial spaces having since been converted to office space for use by Minnesota Power itself. The use of
the underground parking by the general public has diminished significantly, as well, with Minnesota Power reporting that the general public rarely uses the 16 parking spaces they hold open at competitive hourly rates. Minnesota Power employees use the remaining approximately 100 spaces. The supply of skywalk-accessible public parking in the area has increased with the construction of the 650-vehicle Technology Village ramp in 2000. Therefore, it may be recommended that the skywalks through the building are not needed for the public
access to commercial spaces and parking.
On May 14, 2019, the Duluth city planning commission held a public hearing on the proposal as shown in the staff report (Attachment 3) and voted 6 yeas, 0 nays, and 0 abstentions to recommend the city council approve the vacation with conditions.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PL 19-042