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HomeMy WebLinkAbout01-016 - ADMIN Resolution - City Council - 2001/02/20RESOLUTION NO. 01-016 RESOLUTION DETERMINING NOT TO ORDER THE PREPARATION OF AN ENVIRONMENT ASSESSMENT WORKSHEET (EAW) FOR THE PROPOSED IMPLEMENTATION OF THE CITY'S DEER MANAGEMENT PLAN IN LAKE FOREST AND FERN HILL NEIGHBORHOODS RECITALS Tl City of St. Louis Park (City) received notice on February 20, 2001 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) regarding the proposed implementation of the St. Louis Park Decr Management Plan in the Lake Forest and Fern Hill neighborhoods. A copy of the petition was received by the City on February 20, 2001. The EQB has determined that the City is the appropriate responsible governmental unit (RGU) to decide the need for an EAW. Thi, procedures to be followed in making the determination of whether an EAW is needed are set forth in Minnesota Rules Part 4410.1100. 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 foi significant envie onmental effects," (Minnesota Rules Part 4410.1100, Subpart 6). 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 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 Lake Forest and Fern Hill neighborhoods and other areas of the city through a task force composed of community members, and the City prepared a report of the task forces' deliberations, findings and resulting staff recommendations dated February 7, 1994 adopted by City Council Resolution No. 94-22. On February 3, 1997, the City Council adopted Resolution 93-13 updating its February 7, 1994 Deer Management Program, and further resolving as follows: AND BE IT FURTHER RESOLVED that the City Council of St. Louis Park has determined that the use of DNR -approved methods for the removal of deer from private property in conformance with the City's revised Deer Management Program will benefit the public health, safety and welfare and does hereby rescind Resolution Number 94-155, thereby lifting the moratorium on requests for the removal of deer from private property within City limits. The City Council has considered the issues raised in the February 20, 2001 EAW petition in light of the City's Deer Management Program and its supporting data, the City staff report dated February 20, 2001 and all other information known to the Council. Resolution No. 01-016 -2- FINDINGS OF FACT 1. The proposed project is as follows. The City of St. Louis Park intends to remove 6 deer in the Lake Forest/Fern Hill neighborhoods and 6 deer near the Westwood Nature Center. Traps will be set on public property dunng evening hours between February 15 and March 15 Before dawn a police officer and supervising lieutenant will visit the site and if an animal is trapped, a tarp will be placed over the trap and the animal will be dispatched. All clean-up will be done at that time. The EAW petition relates only to the Lake Forest/Fern Hill neighborhoods. 2. Deer removal generally in the Lake Forest and Fern Hill neighborhoods. A reduction of the deer population by up to six deer does not have the potential for significant environmental effects. The City of St. Louis Park has done significant research in the area of deer management. Prior to adopting the Deer Management Policy the city worked closely with the DNR, wildlife managers and environmentalists Also prior to implementation of the removal program the City enlisted the help of a citizen Task Force to study the issue and make recommendations to the Council. City staff has continued to maintain a close working relationship with the DNR. Deer counts are conducted annually and communicated to the City. On-going deer management activities have occurred since plan adoption in 1994. City staff stays current with issues surrounding wildlife management in urban areas and practices currently in use throughout the metropolitan area. The deer management activities conducted by the City since 1994 have resulted in partial restoration of the understory of the wooded areas of the Nature Center. The City policy of maintaining herd size in the range of 15-25 deer per square mile was developed in consultation with the Department of Natural Resources and is being applied in the same manner in the Lake Forest and Fern Hill neighborhoods. The expectation is that there should be a comparable benefit to vegetative species. The plan to remove 6 deer would leave the herd at the high end of the range of the policy. Mortality from human causes is an every day occurrence in urban areas mainly due to deer/car accidents Other losses regularly occur due to weather and sickness. Fawns are generally capable of fending for themselves and are adaptable. In areas with suitable habitat fawns are regularly bred and give birth during their first year of life. Though fawns and does travel in pairs for extended penods of time, a weaned fawn is no longer dependent on its mother. The increasing deer population has caused significant overbrowsing and depletion of plant material. Severe overbrowsing will result in non-native species such as buckthorn and stinging nettle taking hold in the remaining wetland and natural areas. These species are not suitable forage for deer and other native animals will result in loss of suitable habitat for the existing deer population. Resolution No 01-016 -3- 3. Claimed impact on wetland area from trapping process The physical presence of the trap and the personnel accessing the traps does not have the potential for significant environmental impact on the wetland restoration area. Due to heavy snow cover combined with deep frost (over 20 inches), the damage that would occur to any perennial plant material (non -woody species) would be nominal at worst. Currently, all "ground vegetation" plants are in a state of dormancy, with their rooting structures intact under the snow cover, with few plants exhibiting viable foliage (most plants produce new foliage each year, which is the food producing foliage for the plant). The plantings which were installed, as part of the Clean Water Partnership project, were placed around the perimeters of Twin Lakes, the new pond to the south of Twin Lakes (in Twin Lakes Park) and Cedar Meadows No plant material, as part of the Partnership project, was placed in the wooded areas, or other wetland areas within the scope of this project. Thus, no damage will occur to the "new" desirable plants surrounding the three, above-mentioned water bodies. Most of the wooded plant matenal found in the area of deer concern is made up of invasive exotic species, creating a climate for little plant and animal diversity. In fact, diversifying what currently exists in the area would enhance the flora and fauna. The current deer herd is overbrowsing desirable plant matenal, leaving less desirable (exotic invasive) plant matenal in abundance. Small twigs and branches are more likely to be injured by deer browsing than by passing personnel maintaining the traps and removing deer. The Minnehaha Creek Watershed Management Distnct has discussed the request for an EAW and related concerns. They have stated that foot traffic in connection with trapping and shooting deer, or removal of the deer will have no negative impact on the wetland vegetation as long as the traps are installed and removed while the ground is frozen. They further stated that by removing the deer, the city may prevent damage to the wetland plantings caused by the deer themselves. 4. Trap and Shoot Method. The degree of stress inflicted upon a trapped deer in this context does not give nse to any issue involving the potential for significant environmental effects. The position of the DNR is that the trap and shoot method of deer removal is the only effective deer management option in smaller, confined areas where safety is of paramount concern. Many other metropolitan municipalities such as North Oaks, Richfield, Minnetonka and Edina use this as their preferred method of deer removal. According to the NARS (Nuisance Animal Removal Service), it is possible but unlikely that a trapped deer would suffer from capture myopathy. Based on NARS expenence, after the initial agitation of being trapped, the animal calms down, eats the bait corn and lies down. This method also removes the deer that are actually in the immediate area. The trap and relocate option is not acceptable because there is an average mortality rate of over 70% for relocated animals, and the DNR will not issue permits for relocation. Use of a sharpshooter is not a viable option either. All of the neighborhood areas have open access to the public. It would be difficult; if not impossible to set up a sharpshooting area that would be completely and safely sealed from the public. There are additional public safety concerns with potential bullet ncochets or over -penetration. Resolution No 01-016 -4- 4. Gunshot Noise. The project does not have any potential for significant environmental effects relating to noise. The animals living in the area where removal is to take place currently exist with man-made noises of various nature and are not likely to be frightened from their habitat. Neighborhoods will expenence little if any disruption and will continue to remain peaceful and quiet. Within the past year, City crews have been in the area cutting up and cleaning debns blocking the creek that directly feeds into Cedar Meadows. In dealing with this debns, chainsaws and other loud and potentially disruptive equipment has been used. It is not uncommon to hear Benilde/St. Margaret athletic events Also, vehicles and construction equipment are quite commonly heard by wildlife causing no disruption to their activities. The weapons and ammunition to be used generate less noise than a firecracker, or an automobile engine backfire. Additionally, the hours when the activity will occur are before the hours that the majonty of the public is outside. Also, because of the winter season, windows are shut and outside noise is significantly reduced. Currently, when a deer is injured and police are called, the animal is dispatched by a standard weapon and ammunition. This is much louder than the weapon and ammunition that will be used during the trapping. There has been no flurry of animal activity when an injured deer has been dispatched in the past, and there is no reason to believe that this should occur when the shooting is done at the trap locations. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST LOUIS PARK: 1. The evidence presented in the petition or otherwise known to the Council, fails to demonstrate that the project may have the potential for significant environmental effects. 2. An Environmental Assessment Worksheet is not required and will not be prepared for the implementation of the City's Deer Management Project for the Lake Forest and Fern Hill area. The petition for an EAW for the proposed project is dismissed. Reviewed for Administration: fr lrJri�o w it Manager Attest: ED th . 20t, day of February, 2001. M • •