In posts like 2019's Buzz kill: North Mankato Planning Commission not so much into lawns to legumes and more recently North Mankato declares “Monarch Wayfair” lawn a public nuisance from “infestation of the premises by plants, animals, and birds” and Strib picks up North Mankato lawn police story, we've looked at the situation Edward Borchardt has faced from those who prefer an older version of yards.
Now Borchardt is seeking legal relief. For the Mankato Free Press, Tim Krohn reports in Resident files suit against North Mankato citing yard as 'public nuisance':
A North Mankato man is asking a court to throw out a decision by the City Council that declared his property a “public nuisance.”
Ed Borchardt argues that the city of North Mankato’s Dec. 7 decision was based on unconstitutionally vague language in city code and was arbitrary and capricious.
Based on some complaints by his neighbors, Borchardt was pushed by the city for years to cut brush and overgrown vegetation in his yard, eliminate plantings that are too close to the street, and remove personal property that was not properly stored.
Last fall some residents helped 80-year-old Borchardt clear much of the yard, but the city concluded the property on 229 Allan Ave. was still out of compliance and continued to draw complaints.
Borchardt’s attorney, Karl O. Friedrichs, wrote in a Nicollet County District Court filing that the city’s ordinance is not only filled with “vague and subjective language,” but that the city didn’t follow language in the code and is subjectively using it against one property owner.
Part of the code refers to unkempt properties that draw complaints from a “considerable number of members of the public.” But Friedrichs said the property, owned by Borchardt and his wife, Ann, only drew complaints from two residents, which doesn’t constitute a “considerable number.”
The suit also says the decision was based on “the subjective opinion of the enforcement officer” and wasn’t supported by evidence presented by Borchardt and other residents who spoke in support of him. . . .
Read the rest at the Free Press.
Earlier, on January 19, Krohn reported in North Mankato delays vote on 'natural yards' ordinance:
After a year of discussion, criticism, debate and changes, a proposed “natural managed lawn area” ordinance still failed to get a vote in North Mankato Tuesday night as council members and some residents said there were still too many unanswered questions.
The council held a public hearing and was expected to vote on an ordinance setting down rules for property owners who want to put in native plantings or pollinator gardens. But more than a dozen residents, mostly opposed to the ordinance, raised a variety of questions and the council voted to table the issue until the next meeting.
Critics said they felt the ordinance was not well written, too restrictive on those who want to have natural native plantings and was being pushed through too quickly. . . .
During the public hearing, resident Kathleen Felt said she was more comfortable with the latest proposed ordinance, which has been changed considerably from its original form early last year. “I appreciate this ordinance has less restrictions than the earlier draft we saw.” But she said the proposed setbacks would make it impossible for owners of some smaller lots and corner lots in lower North Mankato to plant a native plant area.
Barb Church was among several speakers who said they believed the ordinance was being pushed through too fast and wondered who the city was trying to protect by enacting an ordinance.
“So many times I’ve heard ‘the city needs to keep control’... I wonder what the council is afraid of... what are you trying to protect us from?”
Bess Tsaouse said the ordinance was “not very well written,” and said the city did not understand the nuances of native plantings.
Lucy Lowry and Tom Hagen said they believed the city was passing the ordinance only to target Edward Borchardt, who the city has tussled with for years over the look of his yard on Allan Avenue. . . .
The Free Press conducted an unscientific readers poll and posted the results in January 18th's Reader Response: North Mankato shouldn't adopt lawn ordinance:
A majority of area respondents don’t support the city of North Mankato’s proposed natural lawn ordinance, according to a Free Press online question.
Out of 221 total respondents, 138 voters — more than 62% of the vote — don’t agree with North Mankato’s proposal. Another 83 voters disagreed.
The proposed ordinance has been revised significantly from its early form, removing some restrictions that proponents of natural yards had been opposed to.
The final draft would allow residents to have up to 500 square feet, or 30%, whichever is less, of the non-pervious portion of their yard converted to a managed native planting area, often called pollinator gardens or native prairie gardens.
The previous version of the draft limited the plantings to 250 square feet and said if people wanted areas larger than 250 square feet, they would have to go through a city permitting process and get approval from neighbors.
City Planner Matt Lassonde said that for up to 500 square feet or 30% residents would not have to get any permits, neighbor approval or submit plans to the city.
Lassonde said that as they studied cities in Minnesota that have natural lawn ordinances, many required permits, drawings and plans produced by a landscape architect before people can plant any natural native grass area.
A group of residents has opposed the city’s work on the ordinance since the start and several are expected to speak at Tuesday’s public hearing.
Resident Tom Hagen said the proposed ordinance is not needed and believes it was drafted to go after one city resident — Edward Borchardt — who the city has tussled with for years over the look of his yard on Allan Avenue.
Some neighbors filed complaints about Borchardt’s yard, and the city had on several occasions told him it was too overgrown with vegetation and shrubs as well as plantings too close to the street.
The Free Press online question, sent out Saturday, asked, “Do you support the city of North Mankato’s natural lawn ordinance proposal?”
There were two options to answer, “yes” or “no.”
A majority of commenters oppose the ordinance proposal. Most are concerned the ordinance is too overreaching and would be tough to enforce. Some commenters say the ordinance is needed to prevent a few from abusing lawn ordinances, while others say the city should embrace more natural lawns.
Ron Leech wrote, “If one wants a natural lawn, move to the country.”
“If passed as written, the City will have a hard time enforcing it because it won’t accomplish its intended purpose,” Douglas Schaller wrote. “The bigger issue however is the idea expressed by some of the elected officials that the ordinance will give us more freedom or liberty allowing these gardens. Laws do not give liberty, they only restrict liberty. If this is supposed to give us more rights, then there is already a city code restricting our freedoms which should be amended instead of creating another one. Appoint a citizen’s committee with biology professionals and everyday people to develop this code the right way the first time.”
Monika Antonelli wrote, “I do not support the ordinance. Especially the part about limiting a natural yard to 30% of a property. The planet needs all of us to go natural with our yards. I have an idea, how about we limit neighbors from pouring cancer causing chemicals on their lawns while also wasting a valuable resource like water.”
Jim Muyres wrote, “Cities all across the nation are embracing non-traditional lawns that reduce noise and air pollution from mowing, reduce chemicals in our water and air, and provide beneficial plants for wildlife, insects and improve the global climate. They say it is for public health but exempt non-residential and city property, that is hypocrisy. Hundreds of existing lots with homes built in natural wooded areas, with ravines or natural areas will be in violation of this ordinance. Clumps of ornamental grasses like they have in front of City Hall and the library will have to be cut to six inches or less in your yard.”
We'll continue to watch this tussle.
Flattering, but not our mission
One oddity we discovered in researching for this post was a listing of this blog as a pollinator resource on the City of North Mankato's Pollinator Information & Resources page (screenshot below).
This is deeply embarrassing to us, as this is a micro-niche blog about upper Midwest rural politics. We hope the City of North Mankato replaces the link with solid scientific sites such as the Minnesota Zoo's Plant for Pollinators! page, the University of Minnesota's Bee Lab's Planting flowers for Minnesota bees: bee lawns, tea gardens, and plant lists and the Monarch Joint Venture page.
Photo: "Ed Borchardt, 80, a natural-yard advocate and former botany professor, has been ordered by the city of North Mankato to clean up “rank growth” on his property." Photo by John Reinan, Star Tribune, in Retired professor fights to keep his North Mankato yard natural.
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I live in Wisconsin but received information about this controversy from Minnesota relatives. I do not understand the opposition to native plantings, which are spectacularly beautiful compared to the sterile desert of closely-mowed grass plus non-native shrubs. North Mankato is not presenting an enlightened image on this issue. Mr. Borchardt is on the side of nature that benefits all of us, providing air, water and food, and fewer toxins.
Posted by: Stephen Price | Feb 06, 2021 at 11:52 AM