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05-08Council File # V �/� � U Resolution # Green Sheet # 3024646 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the Division of Pazks and Recreation has prepazed a Deer Management Plau for the removal of deer &om the Higtiland Bluff site to take place beriveen December 5'", 2004 and April 1", 2005; and WHEREAS, Dishict 15 has approved the plan for the removal of deer from the Higliland Bluff Site;and WHEREAS, iemoval of deec is done pursuant to a perntit from the State of Minnesota, Depactment of Nattu�al Resources, which requires tUat the City of Saint Paul hold the State of Minnesota, its officers, agents and employers harniless from any and all liability resulting from any activities undertaken pursuant to the petmit;and WHEREAS, all participants in the deer iemoval aze required to sign a waivei and hold insurance to indemnify the City of Saint Paul;and WfIEREAS, the elcpenditure of public funds, wluch includes the promise of indemnification of the State, foz such a purpose, serves a legitimate public putpose; now tUerefore be it RESOLVED, tUat the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agees to hold the State of Mnmesota, its officers, agents and employees, liarmless from any and all liability or damages resulting from any activities lawfully undertaken pursuant to the pernrit. Nothing in the foregoing shall be deemed to waive the tort liability limits or defenses of Minn. Stat. § 466.01 ek seq. anav J trom ,/ ris C gen J try ,/ Adopted by Adoption C By: Approve By: ' n�l: Date S�UdS fied by Council Secretary i� Requested by Division of Parks and Recreation j � ^ /� By: �`-��• ^—u.J�` Form Approv d by Cit� By: � Appro�e.�iy Mayor for � ` � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �j-�`6 DepartmenVOffice/wunetl: PR — Pazla and Recreaeon CorHad Person & Phone: Bob Bierscheid 266C>M109 Must Be on Couneil /�qenda by (Date): Date lnifiated_ 13DEC-04 � Auign Number For Routing Order Green Sheet NO: 3024646 0 r nd R ' n 1 arks and Recreation De artment Director 2 i ttom 3 a or•s �ce Mavor/Assistant 4 ountil 5 ' Cterk Ci Clerk Total # of Signature Pages _(Clip NI Locations for Signature) Sigoatuze on attached tesolution indicating approval of deer bazvesting pernvt. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must 1. Has this personffirm ever worked under a contwact for this departmenY? Yes No 2. Has this'person/firm ever been a city erriployee? Yes No 3. Does this person/firm possess a skill not �ormaly passessed by arry 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): Minnesota DNR has given Saint Paul Pazks and Recreation a pemut far the harvesting of deer. Advantastes If Approved: If approved, it will init�ite the 2005 Hig2iland Deer removal program wluch the commnnity has approved. Disadvantapes If Approved: None. Disadvantages If Not Approved: The Highland Deer removal program will not take place. Transaction: Funding Source: Fi nancial Information: (Explain) CqsNRevenue Budgeted: Activity Number: 1�i Z � �„*3 �s ? �._ , rra y � v, `r. C f s --t... ]�' �b� r n � �C � ca �.�,. �P.�P%�PP �,'f-`±9Et�� 1 9 !1 > STATE OF MIN73ESOfiA � o DEPARTMENT OF NATURAI, RESOURCES DIVISION OF FISH AND WII,DLIFE _ 1200 Warner Rd St.Paul, MN 55106 SPECIAL PERMIT N0.12665 (Deer Removal) November 22, 2004 TO WHOM IT MAY CONCERN: Pernussion is granted to: Nathan Johnson (651) 248-8866 City of St. Paul, Aivision of Parks and Recreation 1100 N Hamline Ave St. Paul M1V 55108 The City of St. Paul is hereby granted pemussion to take deer from properiy in the City of St. Paul. This perxnit is granted subject to the following condirions: __ 1. Deer sha11 be taken by fireazm in a safe and humane manner; 2. This permit is effecfive subject to provisions of paragraph 15 and expires at midnight April 1, 2005; 3. The number of deer taken shali not exceed twenty (20); 4. Deer of any age or sex may be taken; 5. Deer may be taken day or night with or without the aid of artificial light, over bait, and/or from a vehicle; deer may be trapped and dispatched in the trap; no deer shall be taken from private property without the written permission of the landowner; 6. The City of St. Paul may retain personnel necessary to carry out activities authorized by this pennit. All such personnel shall be sufficiently skilled to safely and properiy carry out their assigned tasks; 7. All deer killed pursuant to this permit shall be properly field dressed within two hours after killing. Antlers may not be removed by pernuttee; 8. Conservation Officer, Vuthy Pril (651) 779-7493 shall be called priar to commencement of removal activities. Carcasses of all deer killed shall be salvaged and utilized as appropriate by donation to food shelves, charitable organizations or needy individuals. Each deer will be tagged by pernvttee with the special permit number, date taken, sex and age of the deer and name of the recipient: tags will be provided for this purpose; � 9. The City of St. Paul shall be solely responsible for any and all damage or injury to persons, domestic or wild auimals and real or personal property of any kind, resulting from any activities undertaken pursuant to this permit; 10. The City of St. Paul shall hold the State of Minnesota, its officezs, agents, and employees hannless from any and all liability and damages resulting from any activities undertaken pursuant to this pernut; 11. This pemut shall not be construed as a guarantee or representation by the Department of Natural Resources or the State of Miunesota that any particular method or degree of deer removal will result in any attenuation of deer depredation problems. 12. This permit shall not be construed to exempt the City of St. Paul, their agents ar employees, from any provisions of local law, ordinances or regularions that may apply to the acrivities authorized by this pernut; 13. The City of St. Paul sha11 consult local law enforcement authoriries concerning public safety in the activities authorized by tlus permit; 14. The pernuttee must submit the attached Report of Deer Harvest and Disposition and return unused tags to the Regional Wildlife Manager within ten (10) days of the expiration of this permit. p5-o`6 I S. This permit is not valid unril one copy of the acceptance ciause has been signed and dated by the permittee and sent to and received by the North Metro Area Wildlife Office (Minnesota Department ofNatural Resources, 5463-C W Broadway, Forest Lake MN 55025). The second copy of the acceptance form should be retained by the pernuttee. Tlus �-- peLmit may be revoked at any time upon written notice to the pexxnittee. Tnn Bremicker REGIONAL WILDLIFE MANAGER SECTI N OF WILDLIFE • � C: Cathy Hamm, Regional Enforcement Supervisor Scott Carlson, Dishict Enforcement Supervisor Vuthy Pril, Conservarion Officer, (651) 779-7493 Chris Drassel, Research Dave Schad, Operations Manager Bryan Lueth, Urban Area Wildlife Manager Tong Vang, DNR Community Outreach Liaison :� ACCEPTANCE CLAUSE i I have read the foregoing pemut, Spe �al Permit No. 12665, and agree to abide by the "- conditions set forth there in. /� Signed: ��`�� � City of St. Paul � 1 Dated: I �� � l � � � �-- �� . ► � �y