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89-1813 WMITE - CITV CLERK COUIICll �,�/' ��/ Q PINK - FINANCE GANARV - DEPARTMENT C//A J BLUE - MAVOR GITY O SAINT AUL File NO. d�! � ounc l Resolution �y�; Presented By �� --.--� C �eferred To �- Committee: Date �� -�� ��� Out of Committee By Date RESOLVED, that th proper City officials are hereby authorized and ' rected to execute an agreement with the State of Minn� ota, Department of Natural Resources, for the con� ruction of a bat gate at Echo Cave in Lilydale Park, opy of said agreement to be kept on file in the Departme t of Finance and Management Services . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Communit Services - Parks & Recreation Lo� � In Fa r Division Goswitz Rettman , �_ _�_ Again� BY Sonnen Wilson �QV � �; Form ro d by Cit torne Adopted by Council: Date �� � �� Certified V� sed by Council Secretary B3' " ~2� . gy, . �✓l�-�� t�pprove y 1+lavor. D te : Approve by Ma or mission to CR uncil _ _` � 1 - .5�2-_�+'`— �t� c�c � � 89 � �� . ���-lgi3 DEP ENTIOrFICEICOUNpL 1 V�. O � DATE I�1 community services/Parks & c. GREEN SHEET NO. 2 9 5 7 INITIAL!DATE INITIAWATE CONTACT PERSON d PHONE �pEpARTwAEM DIRECiOR �CITY COUNCIL E d O 1 s e n 4 8 8-7 2 91 �M CITY ATTORNEY �CITY CLERK MUST BE ON COUNCIL AOENDA BV(DAT� RWJ NQ BUDOET DIRECTOR �FIN.3 MOT.SERVICES DIR. MAYOR(OR ASSISTANI'1 S @ TOTAL N OF SI�iNATURE PAGES 1 (CLIP';AL LOCATION8 FOR SIGNATUR� �•• ;! % "' -i"� - ACTION REDUESTED: Y. Approval of agreement S�p 2 "' �9Rg � RECOMMENDATIONS:App►ove W or Rsletx(F� COU CIL MM�H REPORT OPTIONAL �, _PLANNII�COMMISSION _CIVIL SERVICE COMMISSION ���� ��E�. 1 _GB COMMtTTEE - —�� — °°u' E R _D18TRICT COURT _ �M���� SUPPORTS WHICH COUNdL OBJECTIVE? �:i�r w INITIATINO PROBLEM�ISSUE.�PORTUNITY(Who�Whet�When�Where�WhY): ' `'' Opportunity to provide bat ,�H' ernaculum at Echo Cave in Lilydale Park. ADVANTAOES IF APPROVED: Assist in preservation as v�i life habitat. DISADVANTAOES IF APPROVED: _ _ ,;. � � ._,.._�. ��;_ ,� �; ' � .-. 7 v l_.1 {./ � ���,�'...�J DI8ADVMITIU�ES IF NOT APPROVED: ' Opportunity Lost TOTAI AMOUNT OF TRANSACTION � C08T/REVENUE BUDOETED(qRCLE ONE) YE8 NO FUNDING 80URCE ACTtVITY�NUMBER FlNANqAL INFORMATION:(EXPLAIN) . (�-�q-/�'i3 DEPAHTMENT/OFFICE/COUNCIL 1V: O DATE INITIA D �ommunity services/Parks & c. GREEN SHEET NO. ��� � � INITIALI DATE INITIAL/DATE CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOFi �CITY COUNCIL �''.,C� O 1 s e n 4 8 8—7 2 9 1 N MIB R CITY ATfORNEY �CITY CLERK MUST BE ON COUNCIL AGENDA BY(DAT� ROUTING BUDOET DIRECTOR �FIN.d MOT.SERVICES DIR. ORD MAYOR(OR ASSISTANn � Ed Olse TOTAL�OF SIGNATURE PAGES 1 (CUP AL LOCATIONS FOR SIGNATURE) '!�,.� ,i,'' , . � ' , • ACTION RE�UESTED: , cF'� � _ ;;,,, Approval of agreement - , _� i���+�� • _. RECOMMENDATIONS:Approw(A)ar Reject(R) COUNCIL OMMITTEElRESEARCH REPORT OPTIONAL • . `/ ANALYST PHONE NO. ' ' • % _PLANNING COMMISSION _CIVIL SERVICE CAMMiSSION _CI8 COMMITTEE _ _STAFF _ COMMENTS R� � �, _OISTRICf COURT — ������/��� 3UPPORTS WHICH COUNCIL OBJECTIVEI �J INfTIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Wh»: ``` �� Opportunity to provide bat Hi ernaculum at Echo Cave in Lilydale Park. ADVANTAGES IF APPFiOVED: Assist in preservation as wil life habitat. DISADVANTAGES IF APPqOVED: DISADVANTAOES IF NOT APPROVED: Opportunity Lost TOTAL AMOUNT OF TRANSACTION = � COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FlNANCIAL INFORMATION:(EXPLAIN) � _ �.���J'��'/3 . C�GG�1�' �� JOINT OWERS AGREEMENT STAT OF MINN�:SOTA CITY OF SAINT PAIIL CHO CAVE THIS AGREEMENT is ade between the State of Minnesota, Department of Natural Resour es, hereinafter , the "State, " and the City of St. Paul, herein fter , the "City. " WHEREAS, Echo Cave is a sand rock cave located in the City of St. Paul, Minnesota, in the Southwest Quarter (SW 1/4) of Section Twelve (12) , Townshi Twenty-eight (28) North, Range Twenty-three (23) West and i owned by the City of St. Paul. WHEREAS, Echo Cave has unique value as a hibernaculum (winter hibernation site) fo bats and as a site for study by the scientific community and env ronmental education for the public; WHEREAS, the Depar ment of Natural Resources has authority to assist in the p eservation of Echo Cave as wildlife habitat and for nature inter retation pursuant to Minn. Stat. � 97A.045 (1988) ; WHEREAS, the State and the City clesire to work together pursuant to Minn. Stat. § 47 . 59 (1988) to preserve and manage Echo Cave ; NOW THEREFORE, the arties to this agreement agree as follows: The State shall, at its own expense: 1. Erect a gate a d fence at Echo Cave that restricts unauthorized human entrance y t allows bats unobstructed access. The bat gate shall be built a the cave entrance and shall be ' ��9-i��3 based on designs presented i the scientific literature. Fencing shall be placed inside the c ve to preclude human entrance to those portions of the cave d signated for bats only. The bat gate shall include a door th t can be padlocked, but would allow entry by selected persons wi h permission for research or guided interpretive programs. 2. Conduct effor s to enhance the resident population of hibernating bats by trans ocating "unwanted" bats found by local residents in their hom s or businesses to the cave. The City shall, at its own eapense: 1. Permit constr ction by the State through its contractor as described abov . 2. Develop a pro ram of guided tours to interpret the bats to interested visitors. The portion of cave between the gate and the fence will be a cessible to authorized groups for education use. 3. Limit access to the portion of the cave beyond the interior fence to person specially authorized to have access to the bats. The City shall prohibit use of the cave from . November 15 to May 15 each y ar except for people authorized to conduct bat research. Dr. E mer Birney anc3 his assistants at the Bell Museum, University of M nnesota are authorized to conduct such research at this time. 4. Construct a b rrier to prevent cars from driving up the path to the cave entr nce. -2- . C��'�y-i�/3 � . . 5. Close the sma ler of the two entrances to the cave. 6. Maintain the ate and fence in good repair . Notwithstanding an other provision of the Agreement to the contrary, this Agreement may be terminated without cause, upon twelve (12) months' wri ten notice from one party to the other. IN WITNESS WHEREOF the parties have executed this agreement. CITY OF ST. PAUL STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES ---,. . ,� � � ,. ,` . --_._.. . .. t By.: ..� �.�-�.:`��-- B � MAYOR / Director, Finance & Title: Mgmt. Services Date: Date: By: APPROVED AS TO FORM AND EXECUTION BY THE ATTORNEY GENERAL SUPERINTENDENT OF PARRS B : AND RECREATION �/���y� Date : D �� COMMISSIONER OF ADMINISTRATION: B B CITY ATTORNEY Date: Date: 2 ��/ � COMMISSIONER OF FINANCE: -lt.c✓ B Date: By: - Director, Community Services -3- l�C �� � ' Members: � ��'��� Janice Rettman, chair �;:-„�,o,,, � �iITY O SAINT PAUL Bill Wilson , /� ��.-: t� n ///��� � OFFICE F THE CITY COUNCIL Bob Long /i����� � � ,., �� Date: November 16 1989 JANICE RETTMAN RECE�VFn ������n Co mittee Report 61�.9 I�Vl To: Saint Paul City Coun il CITY CLERK From : Community and uman Services Committee Janice Rettman, hair A meeting of the Community and Huma Services Committee was held on Wednesday, November 15, 1989. 1. Cit Council A enda 10/IO/89, I em No. 9: Resolution - 89-1813 - Authorizi.n ro er Cit Officia s to execute an a reement with the State De artment of Natural Resources' for construction of bat ate at Echo Cave in Lil dale Park. (For re erral to the Communit and Human Services Committee.) Moved out of committee with no ecommendation. 2. Cit Council A enda 10/19/89, I em No. 11: Resolution - 89-2815 - A rovin a ointments b the Ma or of e sons listed to serve on Trades Examinin Board. (For referral to the Co unit and Human Services Committee.) Moved out of committee with no commendation. 3. Handica ed accessibilit study, as conducted b the De artment of Communit Services. Resolutio�s to be re ented. (Laid over from October 4, 1989.) Laid over to December 20, 1989. 4. Cit Council A enda 10/5/89, Ite No. 12: First Readin - 89-1782 - An ordinance amendin Section 331.� of the Le islative Code to include certain food service in licensed da car centers. (For referral to the Communit and Human Services Committee.) Moved out of committee with no r commendation. S. Cit Council A enda 9/21/89, Ite No. 18: Resolution - 89-1696 - Recommendin the Cit Attorne 's Office create a s ecial Famil Violence Prosecution Unit. (For referral to the Communit and Human Services Committee.) Moved out of committee. Amendme ts to be presented at the City Council meeting. CTTY HALL ROOM NO.718 SAINT PAUL,MINNESOTA 55102 612/298-5289 s�sa Community and Human Services Committee COMMITTEE REPORT November l6, 1989 Page Two 6. Housing types of issues, as referred to the Community and Human Services Committee from the budget hearing. To be discussed on November 16, 1989. 7. City Council Agenda 9/5/89, Item No. 6: Resolution - 89-1551 - Accepting the Harriet Island and Watergate Marina 1989 Market Studies. (For referral to the Community and Human Services Committee.) (Substitute ordinance recommended for approval on 4-0 vote. Finance planning will be submitted at November 15, 1989 meeting, per Mayor Latimer.) To be discussed on November 16, 1989. City Council Agenda 9/5/89, Item No. 5: Resalution - 89-1550 - Amending the 1986 and 1987 CIB budgets by adding $10,202,000 to the Financing and Spending Plans for Harriet Island Park Development Phase I. (For referral to the Community and Human Services Committee.) (To be discussed at November 15, 1989 meeting.) To be discussed on November 16, 1989. cc: A1 Olson Ed Starr { , , �_�y-,��3 �� /��-�.�. JOINT OWERS AGREEMENT � �-� STAT OF MINNESOTA � CITY OF SAINT PAIIL CHO CAVS THIS AGREEMENT is ade between the State of Minnesota, Department of Natural Resour es, hereinafter , the "State," anc3 the City of St. Paul, herein fter, the "City. " WHEREAS, Echo Cave is a sand rock cave located in the City of St. Paul, Minnesota, in the Southwest Quarter (SW 1/4) of Section Twelve (12) , Townshi Twenty-eight (28) North, Range Twenty-three (23) West and i owned by the City of St. Paul. WHEREAS, Echo Cave has unique value as a hibernaculum (winter hibernation site) fo bats and as a site for study by the scientific community and env ronmental education for the public; WHEREAS, the Depar ment of Natural Resources has authority to assist in the p eservation of Echo Cave as wildlife habitat and for nature inter retation pursuant to Minn. Stat. � 97A.045 (1988) ; WHEREAS, the State and the City clesire to work together pursuant to Minn. Stat. § 47 . 59 (1988) to preserve and manage Echo Cave; NOW THEREFORE, the parties to this agreement agree as follows: The State shall, a its own espense: 1. Erect a gate ' nd fence at Echo Cave that restricts unauthorized human entrance et allows bats unobstructed access. The bat gate shall be built t the cave entrance and shall be . . ���-��/3 based on designs presented i the scientific literature. Fencing shall be placed inside the c ve to preclude human entrance to those portions of the cave d signated for bats only. The bat gate shall include a door th t can be padlocked, but would allow entry by selected persons wi h permission for research or guided interpretive programs. 2. Conduct effor s to enhance the resident population of hibernating bats by trans ocating "unwanted" bats found by local residents in their hom s or businesses to the cave. The City shall, at its own expense: 1. Permit constr ction by the State through its contractor as described abov . 2. Develop a pro ram of guided tours to interpret the bats to interested visitors. The portion of cave between the gate and the fence will be a cessible to authorized groups for education use. 3. Limit access to the portion of the cave beyond the interior fence to person specially authorized to have access to the bats. The City shall prohibit use of the cave from November 15 to May 15 each y ar except for people authorized to conduct bat research. Dr. E mer Birney and his assistants at the Bell Museum, University of M'nnesota are authorized to conduct such research at this time. 4. Construct a b rrier to prevent cars from driving up the path to the cave entr nce. -2- . C���y-��/3 5. Close the smal er of the two entrances to the cave. 6. Maintain the g te and fence in good repair . Notwithstanding any other provision of the Agreement to the contrary, this Agreement ay be terminated without cause, upon twelve (12) months' writ en notice from one party to the oLher. IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF ST. PAUL STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES ., , � ' __ \^• '`~`1 By,: ' �;,_:� ��-�.�1--- B � MAYOR / Director, Finance & Title: Mgmt. Services Date: Date: By: APPROVED AS TO FORM AND EXECUTION BY THE ATTORNEY GENERAL SUPERINTENDENT OF PARKS B : AND RECREATION 9�.���y,� , Date : D °� COMMISSIONER OF ADMINISTRATION: B B CITY ATTORNEY Date: Date: 2 �� COMMISSIONER OF FINANCE: � g Date: By: Director, Community Services -3-