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HomeMy WebLinkAbout94-21 - ADMIN Resolution - City Council - 1994/02/22RES 94-21 RESOLUTION CONCERNING THE NEED FOR ENVIRONMENTAL REVIEW OF A DEER MANAGEMENT PROGRAM FOR WESTWOOD HILLS ENVIRONMENTAL EDUCATION CENTER AND SURROUNDING AREA WHEREAS, the City of St. Louis Park (City) received notice on February 7, 1994 that a petition had been filed with the Minnesota Environmental Quality Board (EQB) requesting that the City be required to prepare an Environmental Assessment Worksheet (EAW)' prior to carrying out any aspect of its adopting any St. Louis Park City Council Proposalin which trained sharpshooters will significantly reduce the size of the deer herd [in] St. Louis Park Nature Center;" which petition, dated February 7, 1994, was received by the City on February 14, 1993 (Attachment A); WHEREAS, the EQB determined that the City is the appropriate responsible governmental unit (RGU) to decide the need for an EAW, by letter dated February 10, 1994 (Attachment B); WHEREAS, the procedures to be followed in making the determination of whether an EAW is needed are set forth in Rules Part 4410.1100; WHEREAS, these rules provide that the RGU shall order the preparation of an EAW "if the evidence presented by the petitioners, proposers, and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects," (Minnesota Rules Part 4410.1100, Subpart 6); and WHEREAS, the City is charged with protection of the health, welfare and safety of its citizens, including assisting these citizens in the protection and preservation of their property and managing the wildlife population within the City in a safe and humane manner; WHEREAS, the Westwood Hills Environmental Education Center (Center) was founded in 1976 to provide maximum opportunity to enjoy and study this site with a minimum amount of disruption while preserving the character of the site's habitats and their associated flora and fauna; WHEREAS, the City in carrying out its responsibilities and in responding to citizen complaints and concerns has studied the issues surrounding the deer population in and around the Center through a task force composed of community members since July, 1993, and City staff prepared a report of the task forces' deliberations, findings and resulting staff recommendations dated February 7, 1994 (Attachment C); and 299/22036488 2/17/94 WHEREAS, the Center is located in Section 6, Township 117 North, Range 21 West in Hennepin County Minnesota, the City Council of the City of St. Louis Park hereby makes the following: FINDINGS OF FACT 1. The petition filed on February 7,1994 with the EQB (Attachment A), the letter from the EQB to the City dated February 10, 1994 (Attachment B), the Final Staff Report and Recommendations for a Deer Management Program in St. Louis Park, dated February 7, 1994, ( "Final Deer Report") (Attachment C), are all incorporated herein as part of the record of decision in response to the petition requesting the preparation of an EAW for the bait and sharpshoot proposal for deer management at the Center. In addition, comments received from various members of the community at public hearings held since July, 1993, including City Council meetings on November 1, 1993 and December 6, 1993, a Public Forum held on November 29, 1993, and in task force and other informal meetings and discussions since July, 1993, have been considered in responding to the petition and are incorporated by reference herein. These comments include those provided by representatives of Friends of Animals and Their Environment (F.A.T.E.), the Humane Society, City staff, City residents, including those in favor and those against deer management program, and representatives of the Minnesota Department of Natural Resources staff (DNR). In addition, the City has reviewed the deer management plans and experiences of surrounding communities, including those listed on page 17 of the Final Deer Report, and other literature relevant to deer management issues, including the references listed on page 18 of the Final Deer Report. All of these sources of information are incorporated herein as part of the record for the City's decision on the EAW petition. 2. In accordance with the EQB's February 10, 1994 letter, and Minnesota Rules Part 4410.3100, the City did not make a final decision regarding a deer management plan for the Center, pending review of the petition and the need for an EAW. 3. The proposed action of the City sought to be reviewed by an EAW, according to the petition, is the recommended population reduction activity described in the Final Deer Report as a bait and sharpshoot option. The petition does not challenge other aspects of the Final Deer Report. The petition asserts that the bait and sharpshoot activity "[b]y [its] very nature . .. and by its very definition, ... will have a significant material effect on the wildlife, the environment and ecosystem in the nature center and it's surrounding area." The petition does not contain any evidence in support of this assertion, nor does the petition reference any previous evidence submitted as part of the task force proceedings, or otherwise, in support of this assertion. The petition also does not challenge the Final Deer Report's comments, findings or recommendations. In reviewing the petition's request and the need for an EAW, the City has reviewed the evidence in the record referenced in paragraph (1) above. 299/22036488 2/17/94 r 1 4. Based on this record the City finds that: (a) The desired deer density established by DNR guidelines of 15-25 deer per square mile (or 640 acres), is greatly exceeded by the current population of deer in and around the Center, based on recent aerial surveys. In particular, approximately 51 deer exist in the area according to these surveys. Since the Center's suitable deer habitat is approximately 1/7 square mile or 90 acres, the current deer population is excessive and is not consistent with DNR guidelines. (b) This deer overpopulation also is inconsistent with the objective of the Center which is to "provide maximum opportunity to enjoy and study this site with a minimum amount of disruption while preserving the character of the site's habitats and their associated flora and fauna." These objectives are impaired by the overpopulation of deer because of the effects on the other indigenous flora and animal populations of' the Center as described on page 4 of the Final Deer Report. While deer population within the Center is an important objective of the Center, it is not an exclusive objective. For the overall objectives of the Center to be met, the deer population must be reduced and controlled so that other important aspects of the Center can be preserved and enjoyed by all of the community. (c) The overpopulation of deer in and around the Center is causing a threat to the public health, safety and welfare due to residents' loss of shrubbery and other property damage caused by straying deer looking for food, the increased potential for car/deer accidents, and the increased potential for contact with deer ticks that could result in contracting Lyme's disease. Reduction of the deer population to acceptable levels is necessary as a step to prevent and mitigate these threats. (d) Humane management of the deer population in and around the Center is desired by residents, interest groups, the City and the DNR. Of the many options for deer management and in particular deer reduction for the area in and around the Center, the most humane is the bait and sharpshoot option. Other options were explored, such as trap and relocate, but the City was unable to obtain DNR's permission to implement such an option, and it is less humane since the mortality rate is 85% after 4-15 months. (e) St. Louis Park's proposed Deer Management Program, as expressed on pages 14- 15 of the Final Deer Report, is intended to provide for the health, safety and welfare of its residents and park users and to protect and preserve the Westwood Hills Environmental Education Center in accordance with its original intent and mission. It is further intended to assist area residents in the protection and preservation of their property and to control and manage the community's deer population in the safest and most humane way. 29922036488 2/17/94 (f) The City of St. Louis Park and the task force participants have thoroughly evaluated a wide variety of alternatives to the proposed Deer Management Program and have studied the potential impacts of those alternatives. 5. The City finds that the petition, while vague, seeks to review through an EAW the deer population reduction method of bait and sharpshoot. The petition does not provide a detailed description of the potential environmental effects that may result from the proposed activity, or an explanation of why the potential effects are significant. The petition appears to assert potential significant environmental effects because implementation of the bait and sharpshoot method, if approved by the City, will by its very nature result in a large reduction of the deer population in the Center, and by definition this will affect the non -deer aspects of the Center, such as regeneration of foliage concluded in the Final Deer Report to have been severely damaged or destroyed by the current deer population. 6. In accordance with the EQB's February 10, 1994 letter and Minnesota Rules Part 4410.1000, the City has reviewed the Mandatory EAW categories contained in Part 4410.4300, the Mandatory EIS categories contained in Part 4410.4400, and the Exemption categories contained in Part 4410.4600 of the Minnesota Rules. The bait and sharpshoot activity proposed to be reviewed in the petition is not a Mandatory EAW category. In particular, the City has reviewed Minnesota Rules Part 4410.4300, subp. 30, "Natural Areas," and finds that this category does not apply because the deer bait and sharpshoot activity will not result in a permanent physical encroachment in the Center, and further finds that even if the activity were a permanent physical encroachment, the activity would not be inconsistent with, but rather in accordance with, the management plan for the Center and with DNR guidelines for deer population as indicated at page 3 of the Final Deer Report. The City also finds the bait and sharpshoot activity is not a Mandatory EIS category and is not an Exempt category. 7. The City has reviewed the evidence in the record and, based on this record, the findings in the record, and the findings of fact stated above, further finds that the bait and sharpshoot activity proposed for the deer overpopulation in and around the Center does not present the potential for significant environmental effects. The effects of carrying out the proposed bait and sharpshoot activity in and around the Center are not significant because the deer population is not a unique, rare, or endangered natural resource, or one with historical significance; the deer are easily replaceable through natural reproduction (it is the ease of deer reproduction that has in part led to overpopulation); the consequences to other wildlife and indigenous resources in and around the Center will be positive, not adverse; and the reduction of the deer population to acceptable DNR levels will greatly benefit the remaining deer although a large number of deer will need to be humanely eliminated to achieve this acceptable level. 299/22036488 2/17/94 1 4 1 r 1 449&1 8. Minnesota Rules Part 4410.1100 Subpart 6 requires that the responsible governmental unit, in this case the City of St. Louis Park, shall deny a petition for an EAW if the evidence presented in the record fails to demonstrate that the challenged project may have the potential for significant environmental effects. THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park hereby finds that implementation of the proposed Deer Management Program contained in the Final Deer Report will not result in any significant environmental effects and that the evidence presented by petitioners and the evidence in the record fails to demonstrate that the proposed project may have the potential for significant environmental effects, and BE IT FURTHER RESOLVED that the City Council of the City of St. Louis Park hereby determines that an Environmental Assessment Worksheet is not required and will not be prepared for the City's Deer Management Program for the Westwood Hills Environmental Education Center and orders that the petition for an EAW for the proposed project be dismissed. Adopted by the City Council February 22, 1994 Reviewed for administration: 299/22036488 2/17/94 Approved as to form and execution: jae4dik At th City/Attorney