HomeMy WebLinkAbout2009-02-03 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Tuesday, February 3, 2009
5:15 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: January 21, 2009 Minutes to be Complete for March Meeting
5. City Attorney Update - Open Meeting Law
6. Unfinished Business
a. Environmental Protection Ordinance (To be continued in March)
b. Proposed Stop Gap Ordinance for South Maplewood - Zoning Code Amendment
to the Rural Single Dwelling District (R-1I)
c. Draft 2006 Comprehensive Plan Review
d. ENR Commission 2008 Annual Report
7. New Business
8. Visitor Presentations
9. Commission Presentations
a. New Chair Address
b. Subcommittee Reports (2009 Goals)
1) Trash Hauling
2) Storm Water
3) Greenways
10. Staff Presentations
a. ENR and Park Commissions Joint Meeting
1) University of Minnesota Sustainable Maplewood Project
2) Joint Commission Goal Setting
b. University of Minnesota Urban Tree Management Project
c. Nature Center Programs
11. Adjourn
Agenda Item 5
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Open Meeting Law Discussion
January 23, 2009 for the January 29 HPC Meeting
The Minnesota Open Meeting Law (Minnesota Statutes, section 130) requires
that meetings of governmental bodies generally be open to the public. The
Minnesota Supreme Court has articulated three purposes of the law:
1. Prohibit actions being taken at a secret meeting where it is impossible
for the interested public to become fully informed about a public
board's decision or to detect improper influences.
2. To assure the public's right to be informed.
3. To afford the public an opportunity to present its views to the public
body.
Alan Kantrud, city attorney, will be present at the January 28 Park Commission
meeting to summarize the Minnesota Open Meeting Law and how it impacts the
Park Commission.
Attachments:
1. Minnesota House of Representatives Open Meeting Law Information Brief
2. Minnesota Open Meeting Law
A*Quh melT1- 1
,_ft'MI~BRlBJ!l'Y;~'iW
Research Department
1;!&~i!:!lll!l~ikl~_~mtRf!m.Bt~xY'J
600 State Office Building ..'
St. Paul, MN 55155
Deborah A. Dyson, Legislative Analyst
651-296-8291
Revised:__.Ii_
Minnesota Open Meeting Law
;~il.:..;Mm~WY_!!!;j~~~_wki;Fequires that meetings of governmental
bodies generally be open to the public. The Minnesota Supreme Court has
articulated three purposes ofthe law:
. To prohibit actions being taken at a secret meeting where it is impossible
for the interested public to become fully informed about a public board's
decisions or to detect improper influences
. To assure the public's right to be informed
. To afford the public an opportunity to present its views to the public body'
This information brief discusses the groups and types of meetings covered by the
open meeting law, and then reviews the requirements of and exceptions to the law
and the penalties for its violation.
Contents
Groups and Meetings Governed by the Open Meeting Law ...................................2
Requirements of the Open Meeting Law .................................................................5
Exceptions to the Open Meeting Law......................................................................7
Penalties....... .......................... ................. ...... ............... .... .................................... ..II
Advice ....................................................................................................................12
I Minn. Stat. ch. 13D (recoded from Minn. Stat. ~ 471.705 in 2000). The Minnesota Open Meeting Law was
originally enacted in Laws 1957, chapter 773, section 1.
, Prior Lake American v. Mader, 642 N. W.2d 729, 735 (Minn. 2002) (citing St. Cloud Newspapers, Inc. v.
District 742 Community Schools, 332 N.W.2d 1,4 (Minn. 1983)). While the courts consistently say that the open
meeting law is to afford the public an opportunity to present its views to the public body, there is no generat right for
members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specify that a
hearing on a particular matter must be held at which anyone who wishes to address the public body may do so. See,
e.g., Minn. Stat. ~ 117.0412, subd. 2.
Copies of this publication may be obtained by calling 651-296-6753. This document can be made available in
alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at
711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the
Internet at: www.house.mn/hrd/hrd.htm.
~
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
Page 2
Groups and Meetings Governed by the Open Meeting Law
The law applies to all levels of state and local government.
The open meeting law applies to:
. a state agency, board, commission, or department when it is required or permitted by law
to transact public business in a meeting;
. the governing body of any school district, unorganized territory, county, city, town, or
other public body;
. a committee, subcommittee, board, department, or commission of a public body subject
to the law; and
. the governing body or a committee of a statewide or local public pension plan.'
"Public body" is not defmed but the Minnesota Supreme Court has stated that "[i]n common
understanding, 'public body' is possibly the broadest expression for the category of
governmental entities that perform functions for the public benefit.'"
In determining whether the open meeting law applies to a particular entity, one should look at all
of the entity's characteristics. For example, in a 1998 case, the Minnesota Supreme Court held
that because the statute authorizing creation of a municipal power agency authorized an agency
to conduct its affairs as a private corporation, it could hold closed meetings.' The court held so
notwithstanding the statute that provides for municipal power agencies to be political
subdivisions of the state.'
The open meeting law and the Government Data Practices Act apply to the University of
Minnesota Board of Regents, and the application of these laws to the university does not violate
the university's constitutional autonomy.'
'Minn. Stat. ~ 13D.Q1, subd. 1.
4 Star Tribune Co. v. University of Minnesota Board of Regents, 683 N.W.2d 274, 280 (Minn. 2004).
5 Southern Minn. Mull. Power Agency v. Boyne, 578 N.W.2d 362, 364 (Minn. 1998) (citing Minn. Stat. ~
453.54, subd. 21, and discussing the factors that distinguish a public corporation from a private corporation).
'Minn. Stat. ~ 453.53, subd. 1,11 (1) (The agency agreement shall state: "(1) That the municipal power agency
is created and incorporated. .. as a municipal corporation and a political subdivision of the state, to exercise
thereunder a part of the sovereign powers of the state;"). .
, Star Tribune Co., 683 N.W.2d 274. In 2002, Mark Yudofresigned from the presidency of the University of
Minnesota. When finalists for the position had been selected but not announced, the Board of Regents closed a
meeting to interview them, ensuring their privacy. The university asserted that its constitutional autonomy meant it
was not subject to these laws. A number of newspapers sued, claiming that the university is subject to the open
meeting law and data practices act, and that it violated both laws. Tbe district court and court of appeals agreed with
the newspapers, and the state supreme court affirmed those decisions.
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
Page 3
The law generally applies to nonprofit corporations created by governmental entities.
The list of groups covered by the open meeting law does not refer to nonprofit corporations
created by a governmental entity. However, the law creating a specific public nonprofit
corporation may specifY that it is subject to the open meeting law.' In addition, corporations
created by political subdivisions are clearly subject to the open meeting law.'
Gatherings ofless than a quorum of a public body are not subject to the law; a "meeting"
is held when the group is capable of exercising decision-making powers.
The Minnesota Supreme Court has held that the open meeting law applies only to a quorum or
more of members of the governing body or a committee, subcommittee, board, department, or
commission of the governing body.1O Serial meetings in groups ofless than a quorum held in
order to avoid open meeting law requirements may also be found to be a violation, depending on
the facts of the case.ll
A public body subject to the law should be cautious about using e-mail to communicate with
other members of the body. Although the statute does not specifically address the use of e-mail,
it is likely that the court would analyze use of e-mail in the same way as it has telephone
conversations and letters.12 That is, communication about official business through telephone
conversations or letters by a quorum of a public body subject to the law would violate the law.
Serial communication through telephone conversations or letters by less than a quorum with the
intent to avoid a public hearing or to come to an agreement on an issue relating to official
business could also violate the law.
In a 1993 case, the Minnesota Court of Appeals held that the open meeting law was not violated
when two of five city council members attended private mediation sessions related to city
, E.g., Minn. Stat. ~~ 62Q.03, subd. 6 (Minnesota Risk Adjustment Association); 1160.03, subd. 5 (Minnesota
Techuology, Inc.); 116V.01, subd. 10 (Agricultural Utilization Research Institute); t t6S.02, subds. 6 and 7
(Minnesota Business Finance, Inc.); 124D.385, subd. 4 (Minnesota Commission on National and Community
Service may create a nonprofit b'!t it is subject to the open meeting taw); 128C.22 (State High School League); and
Laws 1990, ch. 535, ~ 2, subd. 6 (Lake Superior Center Authority).
'Minn. Stat. ~ 465.719, subd. 9 (enacted by Laws 2000, ch. 455, art. 1, ~ 2, subd. 9). A 1986 attorney general
opinion stated that the open meeting law did not apply to nonprofit corporations created by political subdivisions.
Op. Att'y Gen. 92a-30, Jan. 29, 1986. The 1999 Legislature established a task force to recommend legislation in
2000, governing corporations created by political subdivisions. Laws 1999, ch. 186. Among other things, the 2000
legislation addressed the issue of application of the open meeting law, stating that the law applied and a corporation
created by a political subdivision cannot be exempted from it.
10 Moberg V. Independent School Dist. No. 281,336 N.W.2d 510 (Minn. 1983).
II Ill. at 518; see also Mankato Free Press Co. v. City a/North Mankato, 563 N.W.2d 291, 295 (Minn. App.
1997). On remand to the district court for a factual finding on whether the city used serial interviews to avoid the
open meeting law, the trial court found, and the court of appeals affirmed, that the serial meelings were not held to
avoid the law. Mankato Free Press Co. v. City a/North Mankato, 1998 WL 865714 (Minn. App. 1998)
(unpublished opinion).
I'Moberg, 336 N.W.2d at 518. The Commissioner of Administration stated in a July 9, 2008, opinion that an
e-mail sent to all members of a city council was effectively "printed material" that should be available to members
of the public and also suggested that the legislature revise the statute to recognize the use of electronic and other
types of communications. Minn. Dept. of Admin. Advisory Op. 08-15.
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
Page 4
business. The court determined that the two council members did not constitute a committee or
subcommittee of the council because the group was not capable of exercising decision-making
powers. \3
The law applies to informational meetings.
The Minnesota Supreme Court has held that the open meeting law applies to all gatherings of
members of a governing body, regardless of whether or not action is taken or contemplated.
Thus, a gathering of members of a public body for an informational seminar on matters currently
facing the body or that might come before the body must be conducted openly.14 However, a
1975 attorney general opinion stated that city council attendance at a League of Minnesota Cities
training program for city officials did not violate the open meeting law if the members did not
discuss specific municipal business. IS Under a 2007 law, it appears that informational meetings
of the Legislative-Citizen Commission on Minnesota Resources may be closed.16
The law does not cover chance or social gatherings.
The open meeting law does not apply to chance or social gatherings of members of a public
body.17 However, a quorum of a public body may not, as a group, discuss or receive information
on official business in any setting under the guise of a private social gathering.18
The law does not apply to certain types of advisory groups.
The Minnesota Court of Appeals has held that the open meeting law does not apply to certain
types of advisory groups. I' In that case, a presidential search advisory committee to the
University of Minnesota Board of Regents was held not to be a committee of the governing body
for purposes of the open meeting law. In reaching its holding, the court pointed out that no
regents were on the search committee and that the committee had no power to set policy or make
a fmal decision. It is not clear if a court would reach the same result if members of the
governing body were also on the advisory committee. Depending on the number of members of
the governing body involved and on the form of the delegation of authority from the governing
\3 Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993).
14 St. Cloud Newspapers, Inc. v. District 742 Cmty. Schools, 332 N.W.2d 1 (Minn. 1983).
IS Op. Att'y Gen. 63a-5, Feb. 5, 1975.
16 Minn. Stat. ~ 116P.08, subd. 5 ("(a) Meetings of the commission, committees or subcommittees of the
commission, technical advisory committees, and peer review panels must be open to the public. The commission
shall attempt to meet throughout various regions of the state during each biennium. For purposes of this subdivision,
a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the
commission, a committee or subcommittee of the commission, a technical advisory committee, or a peer review
panel. (b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055,
subdivision 2. For nonlegislative members of the commission, enforcement of this subdivision is governed by
section 13D.06, subdivisions 1 and 2." (emphasis added)).
17 St. Cloud Newspapers, Inc., 332 N.W.2d at 7.
18 Moberg, 336 N.W.2d at 518.
19 The Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988).
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
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body to the members, a court might consider the advisory committee to be a committee ofthe
governing body.
A separate law applies to the legislature.
In 1990, the legislature passed a law separate from the open meeting law that requires all
legislative meetings be open to the public." The law applies to House and Senate floor sessions
and to meetings of committees, subcommittees, conference committees, and legislative
commissions. For purposes of this law, a meeting occurs when a quorum is present and action is
taken regarding a matter within the jurisdiction of the group. Each house of the legislature must
adopt rules to implement these requirements, Remedies provided under these rules are the
exclusive means of enforcing this law.
Requirements of the Open Meeting Law
The primary requirement ofthe open meeting law is that meetings be open to the public.
The law also requires that votes in open meetings be recorded in a journal and that the journal be
open to the public. The vote of each member must be recorded on appropriations of money,
except for payments of judgments and claims and amounts fixed by statute.'l A straw ballot to
narrow the list of candidates for city administrator and not made public was held to be a secret
vote in violation of the open meeting law.22
Open meetings must be held in a public place within the borders of the public body."
Meetings may be held by interactive television if specified conditions are met to ensure openness
and accessibility for those who wish to attend."
Specific agencies have broader authority to hold meetings by telephone conference call or other
electronic means as long as. specified conditions are met to ensure openness and accessibility for
those who wish to attend. In addition, a meeting of any public body may be conducted by
telephone or other electronic means if a health pandemic or other emergency makes meeting in
person impractical or imprudent and all of the same conditions as for other meetings held by
telephone conference call or other electronic means are met, unless unfeasible due to the
pandemic or emergency. In general, those conditions include the following:
'0 Minn. Stat. ~ 3.055 (added by Laws 1990, ch. 608, art. 6, ~ 1).
21 Minn. Stat. ~ 13D.01, subds. 4 and 5.
22 Mankato Free Press Co., 563 N.W.2d at 295-96.
" Quast v. Knutson, 150 N.W.2d 199,200 (Minn. 1967) (school board meeting held 20 miles outside the
jurisdiction of the school board at a private office did not comply with open meeting law; consolidation proceedings
were fatally defective because the resolution by which the proceedings were initiated was not adopted at a public
meeting as required by law).
24 Minn. Stat. ~ 13D.02. See also Minn. Stat. ~ 471.59, subd. 2 Goint powers board for educational purposes).
House Research Department
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. All members ofthe body can hear one another and can hear all discussion and testimony
. Members ofthe public at the regular meeting location can hear all discussion, testimony,
and votes
. At least one member of the body, chieflegal counsel, or chief administrative officer is
present at the regular meeting location
. All votes are conducted by roll call
. The public body must allow a person to monitor the meeting electronically from another
location. The body may require the person to pay for any documented additional costs
the body incurs as a result of the additional connection
. The public body must give notice of the regular meeting location, ofthe fact that some
members may participate by telephone or other electronic means, and of the right of the
public to monitor the meeting from another location"
The law requires public bodies to give notice of their meetings.
In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation
of the open meeting law." The court has also held that it is a violation of the open meeting law
to conduct business before the time publicly announced for a meeting."
In 1987, the legislature spelled out the notice requirements in statute for regular, special,
emergency, and closed meetings.
.
.
"Minn. Stat. ~~ I3D.021 (health pandemic, other emergency); 35.0661 (Board of Animal Health during
restricted travel for animal health reasons); 41 A.0235 (Minnesota Agricultural and Economic Development Board);
41B.026 (Rural Finance Agency); 116J.68, subd. 5 (Small Business Development Center Advisory Board); 1 16L.03,
subd. 8 (Minnesota Jobs Skills Partnership Board); 116L.665, subd. 2a (Governor's Workforce Development
Council); I] 6M.15, subd. 5 (Urban Initiative Board); 116U.25 (Explore Minnesota Tourism Council); 129C.I05
(Perpich Center for Arts Education); 248.10 (Rehabilitation Council for the Blind); 256.482, subd. 5b (Minnesota
State Council on Disability); 256.975, subd. 2a. (Minnesota Board on Aging); 256C.28, subd. 7 (Commission of
Deaf, Deaf-Blind, and Hard of Hearing Minnesotans); 268A.02, subd. 3 (State Rehabilitation Council and
Statewide Independent Living Council); 326B.32, subd. 7 (Board of Electricity); 326B.435, subd. 7 (Board of
Plumbing); 341.26 (Combative Sports Commission); 462A.041 (Minnesota Housing Finance Agency).
'6 Sullivan V. Credit River Township, 217 N.W.2d 502 (1974).
" Merz V. Leitch, 342 N.W.2d 141, 145 (Minn. 1984).
2& Miun. Stat. ~ I3D.04, subd. 1 (~ 13D.04, previously ~ 471.705, subd. Ie, was added by Laws 1987, ch. 313,
~ I).
29 Minn. Stat. 9 13D.04, subd. 2; Rupp V. Mayasich, 533 N.W.2d 893 (Minn. App. 1995) (bulletin board must
be reasonably accessible to the public). A February 3, 2004, advisory opinion by the Commissioner of
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Minnesota Open Meeting Law
Revised: November 2008
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. Make good faith efforts to notify news media that have filed written requests (with
telephone numbers) for notice of emergency meetings (special meetings called because of
circumstances that require immediate consideration)"
The same notice requirements apply to closed meetings.]j
For state agencies, absent any other specific law governing notice, publication requirements can
be satisfied by publishing notice in the State Register.32
The law reqnires relevant materials to be publicly available.
The open meeting law requires that for open meetings, at least one copy of any printed material
prepared by the public body and distributed or available to all members of the public body also
be available in the meeting room for inspection by the public, This requirement does not apply
to materials that are classified as other than public under the Government Data Practices Act."
Exceptions to the Open Meeting Law
A closed mee~g, except one closed under the attorney-client privilege, must be electronically
recorded at the expense ofthe public body. Unless otherwise provided by law, the recordings
must be preserved for at least three years after the date ofthe meeting."
The law does not apply to state agency disciplinary hearings.
The open meeting law does not apply to any state agency, board, or commission when exercising
quasi-judicial functions involving disciplinary hearings."
Certain meetings involving employee evaluation or discipline must be closed.
A public body must close meetings for preliminary consideration of allegations or charges
against an individual subject to its authority." If the members of the public body conclude that
discipline may be warranted as a result of those charges, further mee~gs or hearings relating to
Administration stated that a public body's actions at a special meeting are limited to those topics included in the
notice of special meeting. Minnesota Department of Administration Advisory Opinion 04-004.
]0 Minn. Stat. ~ 13D.04, subd. 3.
]1 Minn. Stat. ~ 13D.04, subd. 5.
32 Minu. Stat. ~ 13D.04, subd. 6.
"Minn. Stat. ~ 13D.01, subd. 6.
"Minn. Stat. ~ 13D.05, subd. 1, cl. (d).
35 Minn. Stat. ~ 13D.01, subd. 2 (2); see also Zahavy v. University a/Minnesota, 544 N.W.2d 32, 41-42 (Minn.
App. 1996).
"Minn. Stat. ~ 13D.05, subd. 2 (b).
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Minnesota Open Meeting Law
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Page 8
the charges must be open.
subject of the meeting.
Meetings must also be open at the request of the individual who is the
Statutes other than the open meeting law may permit or require closed meetings for certain local
governmental bodies to conduct specific kinds of disciplinary hearings. For example, school
board hearings held to discharge or demote a teacher are private unless the affected teacher
wants a public hearing.37
A public body may close a meeting to evaluate the performance of an individual who is subject
to its authority." Before closing a meeting, the public body must identify the individual to be
evaluated. The public body must summarize the conclusions of the evaluation at its next open
meeting. An evaluation meeting must be open at the request ofthe subject of the meeting.
A meeting must be closed if an individual's medical records governed by Minnesota Statutes,
section 144.291 to 144.298, are discussed."
A meeting may be closed to discuss labor uegotiations.
The open meeting law permits a public body to hold a closed meeting to discuss strategy and
proposals for labor negotiations conducted under the Public Employment Labor Relations Act.40
The statute specifies procedures for tape-recording of these meetings, and for the recordings to
become public when negotiations are completed.'l Another law permits the Commissioner of the
Bureau of Mediation Services to close negotiations and mediation sessions between public
employers and public employees. These negotiations are public meetings, unless the
commissioner closes them."
The law permits closed meetings based on a limited attorney-client privilege.
In 1976, the Minnesota Supreme Court held that there is a limited exception, based on the
attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation.43
In 1990, the legislature added the attorney-client exception to the open meeting law.44 Although
the statute is not limited, the court has since held that the scope ofthe exception remains limited
in relation to the open meeting law."
37 Minn. Stat. ~ 122A.4t, subd. 9.
38 Minn. Stat. ~ I3D.05, subd. 3(a).
" Minn. Stat. ~ I3D.05, subd. 2.
40 Minn. Stat. ~ I3D.D3, subd. 1.
41 Minn. Stat. ~ t3D.03, subd. 2.
"Minn. Stat. ~ 179A.14, subd. 3.
43 Minneapolis Star & Tribune Co. v. Housing & Redevelopment Autb, 251 N.W.2d 620, 626 (1976).
44 Minn. Stat. ~ 13D.05, subd. 3(b) (added by Laws 1990, ch. 550 ~ 2).
" Star Tribune v. Board of Ed., Special School Dist. No.1, 507 N.W.2d 869 (Minn. App. 1993) review denied
(Minn. Dec. 22, 1993). The court of appeals did not accept the argument that the statutory exception encompassed
the full attorney-client privilege because that would result in the exception swallowing the rule in favor of open
meetings. In 2002, the Minnesota Supreme Court restated that the attorney-client privilege exception only applies
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The attorney-client privilege exception does not apply to a mere request for general legal advice.
Nor does it apply when a governing body seeks to discuss with its attorney the strengths and
weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future
lawsuits because that can be viewed as general legal advice. Furthermore, discussion of
proposed legislation is just the sort of discussion that should be public.46
In order to close a meeting under the attorney-client privilege exception, the governing body
must give a particularized statement describing the subject to be discussed. A general statement
that the meeting is being closed to discuss pending or threatened litigation is not sufficient."
A meeting may be closed to address certain security issues.
If disclosure of the information discussed would pose a danger to public safety or compromise
security procedures or responses, a meeting may be closed to:
. receive security briefings and reports,
. discuss issues related to security systems,
. discuss emergency response procedures, and
. discuss security deficiencies in or recommendations regarding public services,
infrastructure, and facilities.
Before closing a meeting, the public body must refer to the facilities, systems, procedures,
services, or infrastructures to be considered during the closed meeting. A closed meeting must
be tape-recorded at the expense of the governing body, and the recording must be preserved for
at least four years.
Financial issues related to security matters must be discussed and all related financial decisions
must be made at an open meeting."
when the purposes for the exception outweigh the purposes ofthe open meeting law. In that case, the city council
was threatened with a lawsuit if it did not grant a request. The court found that the threat of a lawsuit did not
warrant closing the meeting. Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002) (en bane). Cf Brainerd
Daily Dispatch v. Dehen, 693 N.W.2d 435 (Minn. App. 2005) (applying analysis of StarTribune and Prior Lake
American, finding threats were sufficiently specific and imminent that confidential consultation with legal counsel
appointed by city's insurer to discuss defense strategy or reconciliation to address a threatened lawsuit justified
closing the meeting).
46 Northwest Publications, Inc. v. City a/St. Paul, 435 N.W.2d 64, 68 (Mirm. App. 1989); Star Tribune, 507
N.W.2d at 872.
" The Free Press v. County a/Blue Earth, 677 N.W.2d 471 (Minn. App. 2004).
"Minn. Stat. ~ 13D.05, subd. 3.
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A meeting may be closed to discnss certain issues relating to government property sales or
purchases.
A public body may close a meeting to:
. determine the asking price for real or personal property to be sold by the government
entity;
. review confidential or nonpublic appraisal data; and
. develop or consider offers or counteroffers for the purchase or sale of real or personal
property.
Before holding a closed meeting, the public body must identify on the record the particular
property that is the subject ofthe closed meeting. The proceedings must be tape-recorded at the
expense of the public body. The recording must be preserved for eight years after the date of the
meeting and made available to the public after all property discussed at the meeting has been
purchased or sold or the governing body has abandoned the purchase or sale. The property that
is the subject of the closed meeting must be specifically identified on the tape. A list of members
and all other persons present at the closed meeting must be made available to the public after the
closed meeting. If an action is brought claiming that public business other than discussions
allowed under this exception was transacted at a closed meeting held during the time when the
tape is not available to the public, the court would review the recording ofthe meeting in camera
and either dismiss the action if the court finds no violation, or permit use of the recording at trial
(subject to protective orders) if the court finds there is a violation.49
An agreement reached that is based on an offer considered at a closed meeting is contingent on
approval of the public body at an open meeting. The actual purchase or sale must be approved at
an open meeting after the notice period required by statute or the governing body's internal
procedures, and the purchase price or sale price is public data. 50
There is a narrow exception for certain meetings of public hospital boards.
Boards of public hospitals and certain health organizations may close meetings to discuss
competitive market activities and contracts.51
On-site inspections by town board members are not snbject to the law.
The law does not apply to a gathering oftown board members to perform on-site inspections, if
the town has no employees or other staff able to perform the inspections and the town board is
acting essentially in a staff capacity. The town board must make good faith efforts to provide
notice of the inspections to the media that have filed a written request, including a telephone
49 Minn. Stat. ~ I3D.05, subd. 3, referring to ~ I3D.03, subd. 3.
50 Minn. Stat. ~ 13D.05, subd. 3. Property appraisat data covered by this law is described in Minnesota
Statutes, section 13.44, subdivision 3.
51 Minn. Stat. ~ 144.581, subds. 4 and 5.
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number, for notice. Notice must be by telephone or by any other method used to notifY the
members ofthe public body."
The law does not apply to meetings of the Commissioner of Corrections."
The law specifies how it relates to the Government Data Practices Act.
Except as specifically provided, public meetings may not be closed to discuss data that are not
public data under the Government Data Practices Act.54 Data that are not public may be
discussed at an open meeting without liability, if the matter discussed is within the public body's
authority and if it is reasonably necessary to conduct the business before the public body."
A portion of a meeting must be closed if the following data are discussed:
. Data that would identifY alleged victims or reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable adults56
. Active investigative data collected by a law enforcement agency, or internal affairs data
relating to alleged misconduct by law enforcement personnel"
. Certain types of educational, health, medical, welfare, or mental health data that are not
public data"
Penalties
The open meeting law provides a civil penalty of up to $300 for intentional violation.59 A person
who is found to have intentionally violated the law in three or more legal actions involving the
same governmental body forfeits the right to serve on that body for a time equal to the term the
person was serving. The Minnesota Supreme Court has held that this removal provision is
constitutional only ifthe conduct constitutes malfeasance or nonfeasance and provided that the
violations occurred after the person had a reasonable amount of time to learn the responsibilities
of office.60
" Minn. Stat. ~ 366.Dl, subd. 11.
53 Minn. Stat. ~ 13D.Ol, subd. 2 (1). This exception does not make sense. Unti11982, the exception was for
meetings of the corrections board-a multimember body. A 1983 instruction directed the revisor of statutes to
change "corrections board" to "commissioner of corrections" throughout the statutes. Laws 1983. ch. 274, ~ 18.
54 Minn. Stat. ~ 13D.05, subd. 1.
" Minn. Stat. ~~ 13.03, subd. 11, 13.05, subd. 4, ~ (e), and 13D.05, subd. 1.
56 Minn. Stat. ~ 13D.05, subd. 2 (a)(I).
"Minn. Stat. ~ 13D.05, subd. 2 (a)(2).
"Minn. Stat. ~ 13D.05, subd. 2 (a)(3).
59 Minn. Stat. ~ 13D.06.
60 Claude V. Collins, 518 N.W.2d 836,843 (Minn. 1994) (discussing the constitutionality of provision relating
to removal from office); see also Brown v. Cannon Falls Township, 723 N.W.2d 31,41-44 (Minn. App. 2006)
(discussing the statutory history and that since 1994 the statute has required three or more legal actions).
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
Page 12
A public body may not pay a civil penalty on behalf of a person who violated the law. However,
a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against
a member of the body in an action under the open meeting law if the member was found not
guilty of a violation.6l
A court may award reasonable costs, disbursements, and reasonable attorney fees of up to
$13,000 to any party in an action under the open meeting law. However, the following
conditions apply:
. A court may award costs and attorney fees to a defendant only if it finds that the action
was frivolous and without merit
. A court may award monetary penalties or attorney fees against a member of a public
body only if the court fmds there was an intent to violate the open meeting law
The court must award reasonable attorney fees to a prevailing plaintiff ifthe public body was
also the subject of a prior written opinion issued by the Commissioner of Administration, and the
court finds that the opinion is directly related to the cause of action being litigated and that the
public body did not follow the opinion."
The appropriate mechanism to enforce the open meeting law is to bring an action in district court
seeking injunctive relief or damages. The statute does not provide for a declaratory judgment
action.G3
The Minnesota Supreme Court has held that actions taken at a meeting held in violation of the
open meeting law are not invalid or rescindable."
Advice
Public bodies subject to the open meeting law may seek advice on the application of the law and
how to comply with it from three sources:
. The governmental entity's attorney
. The attorney general65
. The Commissioner of Administration"
61 Op. Atl'y Gen. 471-a. Dec. 31, 1992; Minn. Stat. ~ 13D.06, subd. 4 (c).
"Minn. Stat. ~ I3D.06, subd. 4.
63 Rupp v. Mayasich, 561 N.W.2d 555 (Minn. App. 1997).
64 Sullivan V. Credit River Township, 299 Minn. 170, 176-177,217 N.W.2d 502, 507 (Minn. 1974).
65 Under Minnesota Statutes, section 8.06, the attorney general is the attorney for all state officers and boards
or commissions created by law. Under MiImesota Statutes, section 8.07, the attorney general, on request from an
attorney for a county, city, town, public pension fund, school board, or unorganized area, gives written opinions on
matters of public importance.
House Research Department
Minnesota Open Meeting Law
Revised: November 2008
Page 13
An individual may seek advice from two sources:
. The individual's attorney
. The Commissioner of Administration"
Since 2003, an individual who disagrees with the manner in which members of a governing body
perform their duties under the open meeting law may request the Commissioner of
Administration to give a written opinion on the governing body's compliance with the law.
A governing body or person requesting an opinion of the Commissioner of Administration must
pay a $200 fee if the commissioner issues an opinion.
The commissioner may decide not to issue an opinion. If the commissioner decides not to issue
an opinion, the commissioner must notiJy the requester within five days of receipt of the request.
If the commissioner decides to issue an opinion, it must be done within 20 days of the request
(with a 30-day extension possible for good cause and notice to the requester). The governing
body must be allowed to explain how it performs its duties under the law.
Opinions ofthe Commissioner of Administration are not binding, but a court must give the
opinions deference. However, a governing body that follows an opinion is not liable for fmes,
attorney's fees or any other penalty, or forfeiture of office.
For more iriformation about open meetings and other issues related to the government, visit the
government operations area of our web site, www.house.mn/hrd/issinfo/gv_state.htm.
66 Minn. Stat. ~ i3.072, subds. 1 and 2.
67 rd.; see www-ipad.state.mn.us/opinions/index.html for access to prior opinions of the Commissioner of
Administration or to find out how to request an opinion.
Aljc\ch~ef\t 2
I
MINNESOTA STATUTES 2008
13D.Ol MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS.
Subdivision I. In execntive branch, local government. All meetings, including executive
sessions, must be open to the public
(a) of a state
(I) agency,
(2) board,
(3) commission, or
(4) department,
when required or permitted by law to transact public business in a meeting;
(b) of the governing body of a
(I) school district however organized,
(2) unorganized territory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
(c) of any
(I) committee,
(2) subcommittee,
(3) board,
(4) department, or
(5) commission,
of a public body; and
(d) of the governing body or a committee of:
(I) a statewide public pension plan defined in section 356A.OI, subdivision 24; or
(2) a local public pension plan governed by section 69.77, sections 69.771 to 69.775,
or chapter 354A, 422A, or 423B.
Subd. 2. Exceptions. This chapter does not apply
Copyright <D 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
2
MINNESOTA STATUTES 2008
13D.OI
(1) to meetings of the commissioner of corrections;
(2) to a state agency, board, or commission when it is exercising quasi-judicial functions
involving disciplinary proceedings; or
(3) as otherwise expressly provided by statute.
Subd. 3. Subject of aud grounds for closed meeting. Before closing a meeting, a public
body shall state on the record the specific grounds permitting the meeting to be closed and
describe the subject to be discussed.
Subd. 4. Votes to be kept in journal. (a) The votes of the members of the state agency,
board, commission, or department; or ofthe governing body, committee, subcommittee, board,
department, or commission on an action taken in a meeting required by this section to be open to
the public must be recorded in a journal kept for that purpose.
(b) The vote of each member must be recorded on each appropriation of money, except for
payments of judgments, claims, and amounts fixed by statute.
Subd. 5. Public access to journal. The journal must be open to the public during all normal
business hours where records of the public body are kept.
Subd. 6. Public copy of members' materials. (a) In any meeting which under subdivisions
I, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed
materials relating to the agenda items of the meeting prepared or distributed by or at the direction
of the governing body or its employees and:
(I) distributed at the meeting to all members of the governing body;
(2) distributed before the meeting to all members; or
(3) available in the meeting room to all members;
shall be available in the meeting room for inspection by the public while the governing body
considers their subject matter.
(b) This subdivision does not apply to materials classified by law as other than public as
defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in
accordance with the procedures in section 13D.03 or other law permitting the closing of meetings.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s
1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c
313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997
c 154 s 2; 1 Sp200I c 10 art 4 s 1
Copyright <<::> 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
I
MINNESOTA STATUTES 2008
13D.02
13D.02 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS.
Subdivision 1. Conditions. A meeting governed by section 13D.O I, subdivisions 1,2,4, and
5, and this section may be conducted by interactive television so long as:
(I) all members of the body participating in the meeting, wherever their physical location,
can hear and see one another and can hear and see all discussion and testimony presented at any
location at which at least one member is present;
(2) members of the public present at the regular meeting location of the body can hear and
see all discussion and testimony and all votes of members ofthe body;
(3) at least one member of the body is physically present at the regular meeting location; and
(4) each location at which a member ofthe body is present is open and accessible to the
public.
Subd. 2. Members are present for qnornm, participation. Each member of a body
participating in a meeting by electronic means is considered present at the meeting for purposes
of determining a quorum and participating in all proceedings.
Subd. 3. Monitoring from remote site; costs. If interactive television is used to conduct
a meeting, to the extent practical, a public body shall allow a person to monitor the meeting
electronically from a remote location. The body may require the person making such a connection
to pay for documented marginal costs that the public body incurs as a result of the additional
connection.
Subd. 4. Notice of regnlar and all member sites. If interactive television is used to conduct
a regular, special, or emergency meeting, the public body shall provide notice of the regular
meeting location and notice of any site where a member of the public body will be participating
in the meeting by interactive television. The timing and method of providing notice must be as
described in section 13D.04.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s
1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c313
sl; 1990 c550s 2.3; 1991 c292art8s12; 1991 c319s22; 1994c618art 1 s39; 1997c 154s2
Copyright (Q 2008 by the Revisor of Statutes, State ofMmnesota. All Rights Reserved.
I
MINNESOTA STATUTES 2008
13D.021
13D.021 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS;
CONDITIONS.
Subdivision 1. Conditions. A meeting governed by this section and section 13D.OI,
subdivisions 1, 2, 4, and 5, may be conducted by telephone or other electronic means so long as
the following conditions are met:
(1) the presiding officer, chief legal counsel, or chief administrative officer for the affected
governing body determines that an in-person meeting or a meeting conducted under section
13D.02 is not practical or prudent because of a health pandemic or an emergency declared under
chapter 12;
(2) all members of the body participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(3) members of the public present at the regular meeting location ofthe body can hear all
discussion and testimony and all votes of the members ofthe body, unless attendance at the
regular meeting location is not feasible due to the health pandemic or emergency declaration;
(4) at least one member of the body, chief legal counsel, or chief administrative officer is
physically present at the regular meeting location, unless unfeasible due to the health pandemic or
emergency declaration; and
(5) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
Subd. 2. Members are present for quorum, participation. Each member of the body
participating in a meeting by telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating in all proceedings.
Subd, 3. Monitoring from remote site; costs. If telephone or another electronic means is
used to conduct a meeting, to the extent practical, the body shall allow a person to monitor
the meeting electronically from a remote location. The body may require the person making a
connection to pay for the documented additional cost that the body incurs as a result of the
additional connection.
Subd. 4. Notice of regular and all member sites. If telephone or another electronic means is
used to conduct a regular, special, or emergency meeting, the public body shall provide notice of
the regular meeting location, of the fact that some members may participate by telephone or other
electronic means, and ofthe provisions of subdivision 3. The timing and method of providing
notice is governed by section 13D.04 ofthe Open Meeting Law.
Copyright iO 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
I
MINNESOTA STATUTES 2008
13D.03
13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY.
Subdivision 1. Procedure. (a) Section 13D.OI, subdivisions I, 2, 4, 5, and section 13D.02 do
not apply to a meeting held pursuant to the procedure in this section.
(b) The governing body of a public employer may by a majority vote in a public meeting
decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation
strategies or developments or discussion and review of labor negotiation proposals, conducted
pursuant to sections 179A.OI to 179A.25.
( c) The time of commencement and place of the closed meeting shall be announced at
the public meeting.
(d) A written roll of members .and all other persons present at the closed meeting shall be
made available to the public after the closed meeting.
Subd. 2. Meeting must be recorded. (a) The proceedings ofa closed meeting to discuss
negotiation strategies shall be tape-recorded at the expense of the governing body.
(b) The recording shall be preserved for two years after the contract is signed and shall be
made available to the public after all labor contracts are signed by the governing body for the
current budget period.
Subd. 3. Ifviolation claimed. (a) If an action is brought claiming that public business
other than discussions of labor negotiation strategies or developments or discussion and review
of labor negotiation proposals was transacted at a closed meeting held pursuant to this section
during the time when the tape is not available to the public, the court shall review the recording
of the meeting in camera.
(b) Ifthe court finds that this section was not violated, the action shall be dismissed and the
recording shall be sealed and preserved in the records of the court until otherwise made available
to the public pursuant to this section.
( c) If the court finds that this section was violated, the recording may be introduced at
trial in its entirety subject to any protective orders as requested by either party and deemed
appropriate by the court.
History: 1957 c 77381; 1967 c 462 8 1; 1973 c 123 art 5 87; 1973 c 654815; 1973 c 6808
1,3; 1975 c 271 8 6; 1981 c 174 8 1; 1983 c 13781; 1983 c 274 818; 1984 c 462 8 27; 1987 c313
81; 1990c 5508 2,3; 1991 c 292 art 8 812; 1991 c 319 8 22; 1994 c 618 art 1839; 1997 c 15482
Copyright <0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2008
13D.04
13D.04 NOTICE OF MEETINGS.
Subdivision 1. Regnlar meetings. A schedule ofthe regular meetings of a public body shall
be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or
place different from the time or place stated in its schedule of regular meetings, it shall give the
same notice ofthe meeting that is provided in this section for a special meeting.
Subd. 2. Sp.ecial meetings. (a) For a special meeting, except an emergency meeting or a
special meeting for which a notice requirement is otherwise expressly established by statute, the
public body shall post written notice of the date, time, place, and purpose of the meeting on the
principal bulletin board ofthe public body, or if the public body has no principal bulletin board,
on the door of its usual meeting room.
(b) The notice shall also be mailed or otherwise delivered to each person who has filed a
written request for notice of special meetings with the public body. This notice shall be posted and
mailed or delivered at least three days before the date ofthe meeting.
(c) As an alternative to mailing or otherwise delivering notice to persons who have filed a
written request for notice of special meetings, the public body may publish the notice once, at
least three days before the meeting, in the official newspaper of the public body or, ifthere is
none, in a qualified newspaper of general circulation within the area of the public body's authority.
(d) A person filing a request for notice of special meetings may limit the request to
notification of meetings concerning particular subjects, in which case the public body is required
to send notice to that person only concerning special meetings involving those subjects.
(e) A public body may establish an expiration date for requests for notices of special
meetings pursuant to this subdivision and require refiling of the request once each year.
(f) Not more than 60 days before the expiration date of a request for notice, the public body
shall send notice of the refiling requirement to each person who filed during the preceding year.
Subd. 3. Emergency meetings. (a) For an emergency meeting, the public body shall make
good faith efforts to provide notice of the meeting to each news medium that has filed a written
request for notice if the request includes the news medium's telephone number.
(b) Notice ofthe emergency meeting shall be given by telephone or by any other method
used to notify the members of the public body.
(c) Notice shall be provided to each news medium which has filed a written request for notice
as soon as reasonably practicable after notice has been given to the members.
Copyright <0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
2
MINNESOTA STATUTES 2008
13D.04
(d) Notice shall include the subject ofthe meeting. Posted or published notice of an
emergency meeting is not required.
( e) An "emergency" meeting is a special meeting called because of circumstances that, in the
judgment of the public body, require immediate consideration by the public body.
(t) If matters not directly related to the emergency are discussed or acted upon at an
emergency meeting, the minutes of the meeting shall include a specific description of the matters.
(g) The notice requirement ofthis subdivision supersedes any other statutory notice
requirement for a special meeting that is an emergency meeting.
Subd. 4. Recessed or continued meetings. (a) If a meeting is a recessed or continued
session of a previous meeting, and the time and place ofthe meeting was established during
the previous meeting and recorded in the minutes of that meeting, then no further published or
mailed notice is necessary.
(b) For purposes of this subdivision, the term "meeting" includes a public hearing conducted
pursuant to chapter 429 or any other law or charter provision requiring a public hearing by
a public body.
Subd. 5. Closed meetings. The notice requirements of this section apply to closed meetings.
Subd. 6. State agencies. For a meeting of an agency, board, commission, or department of
the state:
(I) the notice requirements of this section apply only if a statute governing meetings of the
agency, board, or commission does not contain specific reference to the method of providing
notice; and
(2) all provisions of thjs section relating to publication are satisfied by publication in the
State Register.
Subd. 7. Actual notice. If a person receives actual notice of a meeting of a public body at
least 24 hours before the meeting, all notice requirements of this section are satisfied with respect
to that person, regardless of the method of receipt of notice.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s
1,3; 1975 c 271 s 6; 1981 c174 s 1; 1983 c137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c313
s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
Copyright (Q 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
Agenda Item G.b.
MEMO
TO:
DuWayne Konewko, Community and Park Director
Environmental and Natural Resources Commission
FROM:
Jennifer Haskamp, Pulse Land Group
DATE:
RE:
January 26, 2009
Amendment and additions to the R-1 R Zoning District
Conservation Approach
INTRODUCTION
At the January 20, 2009 ENR meeting, staff and consultants presented the draft Interim Ordinance revising the R-1 R
zoning district. At the meeting, the ENR provided several comments and suggestions for modifying the ordinance. In.
an effort to ensure that the comments of the commission are included in the revised ordinance, staff has brought a
revised draft the ordinance back for your review and comment.
After the last ENR meeting, the Planning Commission also held a public hearing about the ordinance revisions and
also provided comments and recommendations with respect to the ordinance. Their recommendations and changes
have also been included in the draft provided to you for review. The following summary of the changes is provided,
and the fully revised ordinance is attached to your packet for consideration.
SUMMARY OF REVISIONS
The following changes and revisions were made to the ordinance:
. All references to 'view(s)' were changed to 'vista(s)' - This change was made upon the recommendation of
the Planning Commission, first appears on page 1.
. In Sec. 44-128 , Page 4, text was added to indicate that ALL environmental protection rules/ordinances shall
apply and are not limited to those identified in Chapters 12 and 44 - Recommendation by ENR
. Page 5 and 8, language references to recommendations versus approvals were clarified for procedural
purposes - Recommendation by ENR
. Sec. 44-128 Definitions were all revised to remove the language 'credit' and revise to state 'A density bonus'
as defined in Table 44-130.1- Recommendation by ENR
. Page 5, paragraph beginning, 'In all cases....' Was added to communicate to a developer that the
conservation principles must playa dominant role in a proposed development in order to receive a density
bonus - Recommendation by Planning Commission
1
. Table 44-128.1, 'Vista Shed/Corridor Preservation' was reinserted into the ordinance and the definition was
inserted (Page7) - Recommendation by Planning Commission
. Page 6, 'Historic Preservation' definition was revised to include specific reference to review by the Historic
Preservation Commission - Recommendation by ENR
. Page 6, 'LEED Certified buildings/development' was revised to reflect the desire to have all structures within
a development reach LEED criteria to receive a density bonus - Recommendation by Planning Commission
. Page 6, 'Low Impact Development' was revised to include language regarding impervious surface
coverage- Recommendation by ENR
. Page 6, 'Dedicate 50%Open Space' was revised to ensure the density bonus would only apply to publicly
owned land and would only apply to land that was developable or reasonably buildable.
. Page 7, 'Slope buffer preservation' was revised to relate more specifically to the steep slopes ordinance and
to clarify that a density bonus would only be given if the developer exceeded the current standards of the
adopted slope buffer ordinance.
NEXT STEPS AND RECOMMENDATIONS
The Planning Commission made a recommendation to move the amended R-1 R ordinance to the City Council with
the revisions expressed in this memo and revised draft. The City Council is scheduled to review the Ordinance, with
its revisions and recommendations from the ENR and Planning Commission on February 9, 2009.
. Staff is requesting the Environmental and Natural Resources Commission review the revised ordinance and
provide comments. The comments/suggestions will be passed along to the City Council for their review and
consideration.
2
Attachment 1
PROPOSED ORDINANCE MODIFYING THE R-1 R (RURAL SINGLE-DWELLING
RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL the following changes to the Maplewood Code of Ordinances:
(Deletions are crossed out and additions are underlined.)
Section 1. This section changes Section 44.9 as follows:
Section 44.9. Zoning Districts.
The city is herby divided into the following zoning districts:
F, Farm Residence District.
R-1, Residence District (Single Dwelling).
R-1 R, Rural SinQle DwollinQ District Rural Conservation DwellinQ District
R-1 S, Small-Low Single-Dwelling District.
R-2, Residence District (Double Dwelling).
R-3, Residence District (Multiple Dwelling).
R-E, Residence Estate District.
NC, Neighborhood Commercial District.
CO, Commercial Office District.
BC, Business and Commercial District.
LBC, Limited Business Commercial District.
BC(M) Business Commercial Modified District.
SC, Shopping Center District.
M-1, Light Manufacturing District.
M-2, Heavy manufacturing District.
Section 2. This section deletes, modifies and adds to Sections 44.117 through Section 44-150 as follows:
DIVISION 3.5 R-1(R) RURAL SINGLe DWeLLING DISTRICT RURAL CONSERVATION DWELLING DISTRICT
Sec. 44-117. Purpose and Intent.
The Citv of Maplewood finds that there is a direct link between the natural systems and character that exists
throuQhout certain areas of the community. The requirements of this Rural Conservation Dwellina District are meant
to preserve and enhance the ecoloQical/aesthetic character by providinQ incentives that: 1) reinforce and establish
ecoloQical connections throuahout the city: 2) protect and enhance of drainaQeways and water Quality: 3) protect and
enhance ecoloQical communities: 4) preserve and improve of vistas: and 5) preserve or reinterpret local historical
landmarks.
Maplo':loo~ inteR~s to ~FOtest and onhanse IRe character of areas of tl1e city tl1at, ~ecause of to~ography or otl1er
factors, do not l1ave, nor does tl1e sity expest to l1ave, munisi~al sanitary sewer or 'llater servise. To allow for and to
protect a very lo\'.' ~eRsity, semi-rural, residential life style, the city creates the R-1 R zoning district that is intended to
encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable
Attachment 1
for suburban or tract development because of topography, vegetation or other factors that make the area unique. -tile
installation of munici~al Ennitary sower unlikely. The city finds the most suitable use of these areas is single
dwellings on large lots, but is interested in protectinQ the natural resources and will encouraQe developments to
follow the conservation principles and initiatives identified in subsequent sections of this ordinance. SUGit-Low-
density residential development and conservation development will lessen grading and soil erosion and will help
protect ground water, vegetation and wooded areas. The lot!: ami ~areels in the R 1 R zoning ~istrjst are geneFally
mush lal'jJer than those in the R 1 (single ~welling) ~istFist an~ those 'llith municipal sewer an~ '::ater.
Sec. 44-118. Uses.
The City shall only allow the following uses:
(a) Permitted Uses:
1) Any permitted use in the R-1 District, subject to its regulations.
(b) Conditional uses. The City may permit the following by conditional use permit:
1) Any use allowed by conditional use permit in the R-1 (single dwelling) District.
2) Commercial faming or gardening, including the use or storage or associated equipment, when on a
property with a single dwelling.
3) Stands for the sale of agricultural products grown or produced on the property.
4) Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable
size and height requirements.
(c) Prohibited uses. The city prohibits the following uses in the R-1 (R) zoning district:
1) Accessory buildings without an associated single dwelling on the same property.
2) Reserved.
Sec. 44-119. Height of buildings.
The maximum height of a single-family dwelling shall be thirty-five (35) feet.
Sec. 44-120. Lot dimensions, lot area, width requirements, and side vards.
(a) No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty
(87,120) square feet (2 acres) in area: unless the conservation desiQn principles are applied as described in
Section 3.
(b) Each lot or parcel shall have enough area or usable space for a house, driveway, well and individual
sewage treatment system (ISTS) with a primary and secondary site or an acceptable desiQn and plan for a
community septic system or reQional sewer.
(c) Each dwellinQ and anv accessory structure(s) shall have side yard setbacks as defined in table 44-120.1
and shall be measured from the property line to the structure. of at least lI1irlv (30) feet from a !:ide erooerlv
IiA&.- The followinQ exceptions to this standard shall apply:
1) The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet.
2) When a property owner uses two (2) or more adioininQ lots as a sinQle-buildinQ site, the side yard
requirements shall apply only to the outside lot lines.
(d) Ne ~er!:On shall ~uild a single ~'lIelling on a let with less than one hundre~ t'::onty (129) feet ef wiElth 3llhe
front ~uilding set~asl~ line. The followinQ table identifies the minimum lot area and lot width based on the
conservation tiers:
2
Attachment 1
Table 44-120.1
Conservation Tier Density Minimum Area Minimum Side Yard Front Yard
Ranne F rontane Setback Setback
Tier I (0-2 0.5-1.5 U/A 15,000 SF 100' 30' 50'
Princioles)
Tier II (3-5 1.6-3.5 U/A 10,000 SF 80' 15' 30'
Principles)
Tier III (6-7 3.6 - 4.3 U/A 7,500 SF 50' 10' 20'
Princioles)
(e) Each interior lot shali have at least fifty (50) feet of frontage on an improved public street.
(0 Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public streets.
Sec. 44.121. Front Yards.
(a) Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1.
Except that:
1) If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of
the adjacent dwelling closest to the street. The maximum setback shali be the setback of the
adjacent dweliing farthest from the street.
2) If subsection (a)(1) above does not apply and there is a predominant setback, a dweliing shali be
no further forward and no more than five feet to the rear of the predominant setback.
3) Regardless of the above, if the city council has approved special setbacks for a development,
those setbacks shali apply. City approval of a preliminary plat with building pads does not
constitute approval of special setbacks.
4) Regardless of the above, homeowners may add on to their homes using the existing setback.
5) In all cases, the accessory structures shall be no closer than the principle structure unless
approved by the City Council.
(b) The director of community development may allow a different front yard setback if the proposed setback
would not adversely affect the drainage of surrounding properties and if any of the following conditions
apply:
1) The proposed setback would not affect the privacy of adjacent homes,
2) The proposed setback would save significant natural features, as defined in section 9-188.
3) The proposed setback is necessary to meet city, state or federal regulations, such as pipeline
setback or noise regulations.
4) The proposed setback is necessary for energy saving, health or safety reasons.
Ses.14 122, Side yards. (Moved to previous section and Table)
Each dwellin~ and any assessory structure(s) sl1alll1ave side yard setbacks of 31 least thiFly (JQ) feot frefll a side
~FO~Orty line. Tl10 following excoptions to tl1is skmdara sl1alla~ply:
(a) Tile side yard on tile slreet side of a Gorner lot shalll1a'l€ a widll1 of 31 least filly (~Q) feet.
(lJ) When a pre~eFly e'/mer usoe 11'.'9 (2) or more adjoining lots as a single lJuilding silo, tile side yar<l
re~uirefllents shali a~~ly only to tho outside lot lines.
(c) Ro~ar<lless of the abo'le, 110flloowners flIay add on Ie tl1eir hOfllos usin~ lhe oxistin~ sellJack.
Sec. 44-123, Rear Yards.
3
Attachment 1
(a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth. or a R1inimYR1
rear Eetl3a61( ef fifty (5G) feet, 'I:~i6~e'Jer is larger.
(b) Accessory buildings shall have a rear yard setback of at least thirty (30) feet.
Sec. 44-124. Tower, antenna and flagpole setbacks.
Antennas and flagpoles for residential (non-commercial) use in the R-1 (R) zoning district shall meet the same
setbacks as accessory buildings in the R-1 (single dwelling) district.
Sec. 44-125. Minimum foundation areas; room requirements.
(a) The minimum foundation area shall be at least:
1) A one-story dwelling, nine hundred fifty (950) square feet.
2) A one and one-half story dwelling, seven hundred twenty (720) square feet.
3) A bi-Ievel dwelling, eight hundred sixteen (816) square feet.
4) A tri-Ievel dwelling, seven hundred sixty flve (765) square feet.
5) A two story dwelling, five hundred twenty-eight (528) square feet.
(b) Room size and number shall be consistent with the standards of the International Residential Code.
Sec. 44.126. Building.width requirements.
The minimum building width on the primarv frontaqe any siEle shall be at least twenty-one (21) feet. The building
width shall not include entryways or other appurtenances that do not run the fully depth of the building.
Sec. 44-127. Accessory buildings.
(a) Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of accessory
buildings and garages in the R-1 R zoning district.
(b) For lots of at least 2 acres in size the R-1 R zoning district, the following size standards shall apply to
accessory buildings and garages: graduated by tier or size of lot?
Table 44-127 1 Accessorv Sizes
Detached Buildings (Max Attached Garages (Max Combination of detach
Area, Square Feet) Area, Square Feet) buildings and attached
Garage (Max Area)
Tier I 1,400 (garages), 1,100 1,400 2,800
(other)
Tier II 1 000 SF Total 1,000 1,480
Tier III 850 SF Total 850 1,000
Section 3. This section adds the conservation principles and conservation desiqn standards to the R.1 R
zoninQ district.
Sec. 44.128. Definitions and Conservation Principles.
The conservation principles in the followinq table shall represent the conservation incentives for this ordinance. The
definitions of each principle follow the table. All incentives. and subsequent density bonuses as described in Table
44-130.1. shall only be qranted IF they exceed the minimum standards set forth in the existinq City ordinances that
relate to environmental protection as identifled in, but are not limited to, Ordinance Chapters 12 and 44.
4
Attachment 1
It shall be noted that the City has several ordinances that control and define natural resources and
environmental Quality. in all cases. the more restrictive ordinance shall apply and it is the developer's
responsibility to discuss any issues or Questions regarding the applicable ordinances with the City Planner.
The developer shall be aware that the conservation principles shall be subiect to the recommendations of
the city staff, applicable commissions, planning commission and ultimate approval bv the City Council. As
stated in Sec. 44-129 the Developer shall be reQuired to work closely with these bodies to develop a plan that
supports the Qoals and obiectives for the R-1 R District. Without the approval of these bodies the Developer
will be entitled to a base entitlement of one unit per two acres with a 2.0 acre lot minimum.
In all cases, the Developer shall receive a density bonus as described in Table 44.130.1 ONLY if the
development integrates the Conservation Principle as a dominant theme throughout the proposed
development. This shall be reQuired of all proposed conservation principles. The City's obiective is to
maintain the rural Quality of the R.1 R district and encourage conservation principles and development in the
city's areas with natural resource Quality.
Table 44-1281 Conservation Principles for Densitv Incentives
Enhance/Preserve larae wooded areas or forest Prairie Restoration
Preserve and Establish Natural Area Greenways Enhance Wetlands. Create Management Plan
Tree Preservation Create/Develop Trail Connections
Clustering Slope Buffer Preservation
Historic Preservation Create Passive Parks
Additional Shoreline Buffers EnerQY Efficiency
LEED Certified Buildinas/Development Creek Restoration Manaaement
Low Impact Development (LID) Vista Shed/Corridor Preservation
Dedicate 50% Open Space Additional Stormwater Management
Enhance/preserve larae wooded areas or forest: An act of deliberately avoidina the removal of clusters of structurally
healthy mature trees and understory trees which are native to the area and non-invasive. individual hentaae trees
which are structurally healthy and greater than 20 caliper inches in order to protect the present or future value for
their use in protection from erosion, for their landscape and aesthetic value, for their use in screenina development or
for other environmental or intrinsic benefits. To meet this standard, the developer must prepare a health assessment
of the trees on site, and must show a polyaon area on the site with permanent protection plan, that the developer
shall implement. for the areas to be preserved and a manaaement plan includina removal of invasive species on the
site.
Preserve and Establish Natural Area Greenwavs: The dedication. maintenance or manaaement of an area identified
on the City's Natural Areas Greenway map. The Natural Area Greenway is defined as larae contiauous areas of
natural habitat that cross ownership boundaries.
Tree Preservation: Through means of a tree inventory. identifying the most sianificant trees on a site and
permanently protectina them. The Developer shall be reauired to present a plan for protection of these trees. and will
be reauired to demonstrate how these trees will be intearated as a key component of the development. Exafflsles
iRel~~e sreteetiRa a larae, l1ealtlw, Oak tree OR a site froffllleina refflo\'e~ for a ma~wa':.
5
Attachment 1
Clusterina: A desian technique that qroups housinq or development sites in a manner that allows for the conservation
and preservation of open spaces such as farmland, natural areas, includinq habitat areas and open vistas views.
Historic Preservation: Identifvinq and protectinq throuqh permanent means, anv historicallv siqnificant areas on a
specific site. Examples include pmtoctinq an ar-GhaeeleGiGall'l siqnificant area. restorinG a histeriGalear-n, er
pr€servinG an impoMnt trail. If historical preservation is proposed as a conservation principle, the citv's Historical
Preservation Commission shall review and provide recommendations to the Citv Council reqardinq this principle. To
reinforce the historical qualitv, a siqnaGe plan shall be included to c1earlv communicate the historical siqnificance of
the area or artifact.
Additional Shoreline Buffers: Bevond those alreadv identified in the Shoreland Overlav District the creation and plan
for permanent protection of protective buffers around those areas which are more sensitive to the neGative impacts of
development. especiallv areas that are defined as bluffs or steep slopes, where critical habitat mav dwell. near
historic tree clusters or heritaqe trees etcetera for which the additional buffers mav vary or be averaqed near the
location of protection importance.
LEED certified buildinas/development (3 Practices per structure): A national set of standards for buildinGS and
neiGhborhoods that focuses on the principles of qreen buildinq . smart qrowth. sustainability and healthv livinq. The
LEED for NeiGhborhood Development Ratinq Svstem provides independent third-parlY verification that a
development's location and desiqn meet accepted hiGh levels of environmentallv responsible. sustainable
development. GreGil-A density bonus will be qiven for a minimum of 3 practices in the LEED standards certification
criteria. The densitv bonus shall on Iv be Given if the LEED standards are applied to all structures throuGhout a
development. Developers are encouraqed to seek LEED certification.
Low Impact Development (LID): An ecoloqicallv friend Iv approach to site development and storm water manaqement
that aims to mitiqate development impacts to land, water and air. The approach emphasizes the inteqration of site
desiqn and planninG techniques that conserve the natural svstems and hvdroloqic functions of a site. In all cases.
the developer must minimize the impervious surface coveraqe to achieve low impact development and must be a
minimum of 5% below the 30% coveraqe standard allowed. This must be accomplished in coniunction with other LID
techniques to achieve this principle. In order to achieve this principle the developer must demonstrate how thev will
achieve these principles. Fer example. number ana ~uanlit\' ef Fain ~araens. the use ef perous pavement r-eauGlien
of impervieus surface ana mad widths.
Dedicate 50% Open Space: Open space is defined as public or publiclv held ana private land that is qenerallv
natural in character and contains relativelv few human-made structures. Credit willee aiven The Developer can
achieve a densitv bonus for dedication of 50% of a site to open space. If w€~ands or epen '.'later are present en a
sito the maximum Gentribution for 'IIetlana er eoen water te this standan:! shallee 25 percen!. ana the remaininG area
comprised of other upland aroas. The open space dedication must be developable or have buildable qualities in
order to achieve this principle. This conservation principle will be mandatory to achieve the full density allocation.
Prairie Restoration: After performinq a historical analvsis to determine pre-settlement conditions, prepare a plan for
prairie restoration with a specific manaqement strateqv that the developer shall implement over the course of five
6
Attachment 1
years in order to assure that the prairie establishes. This plan shall be submitted and approyed by the City's Natural
Resource Coordinator to determine if it meets this requirements and subsequently qualifies for the density bonus.
Enhance wetlands. create a Comprehensive Wetland Manaqement Plan (CWMP): A plan to resolye deyelopment
and protection conflicts where wetlands affect a siqnificant portion of a community. The plan encompasses the
identification. study. and eyaluation of wetland functions and community values, and development needs and
inyestments with reqard to wetlands protection. enhancement and requlation. The applicant shall be required to
create a plan. that the developer shall implement, that exceeds the standards of the adopted Wetland Ordinance.
Create/Develop trail connections: A plan that illustrates the deyelopment of trails that are indicated on the Parks,
Trails and Open Space Plan map as part of the subdivision process, whether actiye or passive in nature, with an
emphasis on creatinq trail connections to existinq trails. GfeGit-A density bonus will be qiyen for the development and
construction of the trail not for the land dedication which will be considered part of the city's parkland dedication fees.
Slope buffer preselVation: A development plan that deliberately avoids placinq any ctructures, or lots, in the buffer
area of a slope exceedinq 12 percent, or as described in the city's slope ordinance. The developer shall establish a
buffer with permanent protection to demonstrate how the buffer and slope is protected and the purpose of the
protection measures and how it exceeds the current slope ordinance requirements. Greffil A density bonus will be
qiven for those plans that exceed the standards identified in the current steep slopes ordinance.
Create passive parks: An area set aside throuqh the development process that is environmentally sensitive and mav
or mav not be developable. These parks may support passiye uses such as walkinq trails, boardwalks and nature
observation areas. but some areas may be too environmentally sensitive to accommodate any public access. Greffil
A density bonus will only be given for passive dedication areas that are permanently protected and that are dedicated
to a public entity.
Enemyefficiency: Usinq the Minnesota Greenstar Proqram. develop enerqy efficient and Greenstar rated proiects
and buildinqs. GfeGit-A density bonus will be qiyen when the developer utilizes the proqram to create a 'theme' In a
development and uses the Greenstar and conservation principles in marketinq the proiect.
Creek restoration manaaement: Restoration proiects that the City believes would assist in the restoration of the
stream or natural creek that compensate for the loss of past uses of the watershed due to contamination. erosion and
other influences or issues. Specific types of proiects proposed for implementation as part of a development plan
would be those that enhance habitat, water quality. and flow reqime such as stormwater manaqement, stream
channel stabilization or qreenways by implementinq conservation easements, or additional buffers in riparian
corridors.
Vista shed!corridor preselVation: A site plan or development pattern that is desiqned specifically to protect an area on
or near the development site that is viewed as Inteqral to protectinq the sense of place, whether the features in the
Yista are cultural. historical or natural or whether they are yiewed from the street or within the development site.
Additional Stormwater Manaaement: The City has existinq stormwater manaqement policies, but there is opportunity
to further improve the stormwater manaqement on a site. The developer shall be qiven a density bonus sreGit-for a
stormwater manaqement plan, and implementation that exceeds the City's existinq policy.
7
Attachment 1
Sec. 44.129 Application Requirements and Procedures.
The developer shall follow the steps outlined below as part of the development review process. The developer shall
be required to review the contents of this ordinance and prepare a plan consistinQ of written and visual documents to
support the proposed development.
(a) The deveioper shall review this ordinance and available natural resource data. The intent is to establish the
property's ecoloQical connections both within Maplewood and as part of the reQional ecoloQical system. If
the developer chooses not to use a conservation approach the developer may develop at the base
entitiementof one (1) unit per two (2) acres of land and skip to step e. If the developer is interested in
additional units and smaller lot sizes. then the developer shall follow steps b-e.
(b) The deveioper shall prepare and submit a naturai resources evaluation of the site, includinQ all of the
followinQ elements, this step is in preparation for meetinQ with the City Planner and should be completed
prior to developinQ a concept plan:
1) Tree survey. includinQ all siQnificant individual trees Qreater than 6 inches in diameter, and stands
of trees, identifyinQ tree species and size.
2) Wetland inventory. includinQ delineation reports; and MnRAM verification
3) TOPoQraphic survey indicatinQ existinQ drainaQe patterns. This shall include one foot (1') contours
for steep slope areas to better understand where the top and bottom of the slopes are for
preservation and placement
(c) The developer shall set UP a meetinQ with the City Planner to discuss and establish the intent and Qoal for
the subdivision. The process shall include a discussion reQardinQ the appropriate conservation principles as
identified in Table 44-128.1 for the specific site and shall be based on the preliminary natural resource
information collected in step (b). The principles utilized to achieve hi!lher densities on a site must be
approved reviewed and recommended bv the City Staff. Plannin!l Commission and approved bv the
City Council. The conservation principles and correspondinQ density bonuses are shown in table 44-130.1
(d) The developer shall create a Concept Plan that includes the followinQ information:
1) A base yield plan, which demonstrates the number of allowed lots as determined by the base
entitlement of one unit per two acres.
2) A description of the conservation principles that are used and the correspondinQ density bonus and
unit count as the developer understands it. This shall also include information and data that
supports how the concept plan addresses the conservation principle and how the plan meets and
exceeds the standards of the City's existinQ natural resource ordinances.
3) A Qraphic that demonstrates Qenerally how the lots would be laid out and the unit types proposed
as part of the development.
4) A narrative that describes the conservation principles used in the concept plan and supportinQ data
demonstratinQ how the concept meets the standards of existinQ ordinances, and data
demonstratinQ how the concept plan exceeds them.
5) The developer shall submit. with their concept plans, data and reports related to the conservation
principles performed by a reputable ecoloQist or ecoloQical firm. The City shall reserve the riQht. if
needed, to hire their own ecoloQical expert at the cost of the developer to verify and further
understand the plans submitted by the Applicant.
6) Submit twenty (20) copies of items 1 throuQh 4 for informal or non-bindinQ comments by City Staff,
PlanninQ Commission and City Council. Each body will provide feedback and recommendations to
the Developer so that they understand the chanQes they need to make movinQ forward to the
8
Attachment 1
preliminary plat. It will be UP to the City Council to make the final decision with respect to the
implementation of the Conservation Principles and final density of a proiect.
(e) After the concept plan review, the developer shall take and inteqrate the suqaestions and recommendations
and prepare a preliminary plat and final plat submittal in accordance with section 34.5 of the subdivision
ordinance.
(D A full developer's aqreement as well as any necessary aqreements or documents that document the
conservation principles and how they will be upheld will be required as a part of any final plat approval. This
shall also include, if applicable, any dedication or transfer of property for the purpose of permanent
conservation shall be completed prior to final pial approval or buildinq permits.
Sec. 44-130 Density Bonus Standards
The followinq density bonuses shall be rewarded based on the number of conservation principles (as identified in
Table 44-128.1) inteqrated within a development. The conservation principles and their application must be aqreed
to by both the developer and the city.
(a) The units obtained throuah the density bonus calculation shall always be rounded down to the nearest
whole number.
(b) The density and number of units shall be calculated on a net area basis. Net density shall be defined as the
number of dwellinq units per acre exclusive of arterial streets and riqht of ways, wetlands and water
features, and other publicly dedicated improvements such as parks.
Table 44-130.1 Density Bonus Allotment for Conservation Principles
The followinq table identifies the baseline entitlement for all property zoned R.1 R of 0.5 Units per acre. All density
bonuses are cumulative and the percentaqe bonus calculated as such.
Densitv
Ranqe
Tier 1:
0.5-1.5
Tier 2:
1.6-3.5
Tier 3:
3.6 -4.3
Number of
Conservation
Principles
Q
1
2
~
1
5
2-
7*
Density Bonus (HousinQ Units)
None - base entitlement of 2 Acre Lots
50%
100%
50%
100%
20%
The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protectinq fifty percent (50%) of a
proposed proiect in open space. A manaqement plan for all protected open space shall be required to achieve final
plat approval. Potential options include manaqement by a Homeowners Association, dedicated to a public use or
interested aaency.
9
Agenda Item 6.c.
MEMO
TO:
DuWayne Konewko, Community and Park Director
Environmental Natural Resource Commission
FROM:
DATE:
Jennifer Haskamp, Pulse Land Group
RE:
January 26, 2008
Comprehensive Plan Update
INTRODUCTION
On December 8, 2008 the City Council recommended the Draft Comprehensive Plan Update. This action was the first step in
moving the document forward to ultimate adoption and therefore the policy direction of the City over the next ten years.
Although the Draft was adopted, there remains a bit of time in which the Council and other Commissions can review the
document to ensure that the information in the document accurately reflects the goals and objectives of the community moving
forward. As a courtesy, and in light of the timeline, the Council has directed Staff to bring the draft document to each
commission to solicit any feedback on the document in its entirety.
BACKGROUND AND T1MELlNE
The Comprehensive Plan is a large document that includes eleven chapters each addressing a different issue related to land
use, development, infrastructure or the environment. The Comprehensive Plan Update process was structured to allow each
commission to comment and develop the chapter that most directly related to the responsibilities of that commission. The
Environmental and Natural Resources Commission drafted, reviewed and commented on the Natural Resources Chapter
(Chapter 7) in the fall of 2008. Since the Environmental and Natural Resources Commission reviewed the chapter, the
Planning Commission held a public hearing to review the entire Comprehensive Plan Update draft and recommended the
document to the City Council. The document has been publicly reviewed at numerous meetings, and there were not any
significant comments or changes made to the Natural Resources chapter.
CHAPTER HIGHLIGHTS
In the previous comprehensive plan the Natural Resources component was a part of the Parks, Trails and Open Space
chapter. In an effort to emphasize the importance of natural resources in the community the City strategically decided to
separate the natural resources components from the Parks, Trails and Open Space chapter and make a stand alone chapter.
Some of the most critical components of the chapter include an introduction of the natural area greenways, an analysis of the
ecological significance of important areas of the city including south Maplewood and an introduction to placing ecology and
natural resource planning at the forefront of development and redevelopment in the community.
REQUESTED ACTION
Staff is requesting the Environmental and Natural Resource Commission review Chapter 7 once again to ensure that the
chapter addresses the issues, concerns, or goals for the next planning period. Staff has also provided you with a copy of the
Comprehensive Plan Update in its entirety if you are interested in seeing how Chapter 7 fits into the larger document. Please
come to the meeting prepared to discuss the Natural Resources Chapter and bring any other comments you might have about
the document. It is our intent to pass along all comments/concerns to the City Council for their consideration and potential
action.
Chapter 7: Natural Resources
Protect, Connect, Restore, and Manage Ecosystems, Plant Communities and Species
Why a Natural Resources Plan is Needed
Maplewood's quality of life depends on how it manages its natural resources. Natural resources are the air, minerals,
land, water, and biota that form the foundation to life in Maplewood. For example, the oxygen we breathe comes
from plants. Without plants, the atmosphere would be poisonous to people and animals. That is a free ecosystem
service that benefits people in Maplewood. There are many others.
The benefits of treating natural resources in a sustainable way include:
. High quality forests, savannas, prairies, wetlands, lakes, and streams will support a variety of life-trees,
shrubs, wildflowers, groundcover, fish, birds, and other wildlife.
. Lakes, streams, and wetlands will be clean enough to support aquatic life and provide recreational
opportunities.
. Undeveloped land will provide essential ecosystem services.
. Vegetation will help prevent sediment, phosphorus, nitrogen, and contaminants from reaching lakes,
streams, and wetlands.
. Rainwater infiltrates, which reduces flooding and feeds groundwater.
. Groundwater is recharged and can be used for drinking, irrigation, and to feed cold, clean water to lakes,
streams, and wetlands.
. Water levels are more stable, which prevents erosion of shorelines and stream channels.
. Beautiful places exist for people to see and visit.
There is an economic value to treating natural resources in a sustainable way. Property values are higher near
natural areas and open space 1. New developments that protect natural resources using conservation design and
low-impact development techniques can save an average of 24-27% in construction costs per developmenF.
Damage to storm sewer outfalls, shorelines, and buildings due to flooding are reduced in such developments. In
addition to the economic and recreational benefits of natural resources, for many people nature and natural
resources merit protection and care due to their intrinsic value, regardless of their value to humans.
This natural resources plan is a guide for how Maplewood can manage natural resources in a sustainable way. It will
help protect and enhance Maplewood's quality of life for current and future generations. It suggests strategies to
protect, connect, restore and manage ecosystems, plant communities, and species. This plan can guide zoning and
ordinances. It gives city staff and officials information to use when making annual and long-range budgets. This plan
will also provide citizens with an understanding of how they can playa role in achieving these goals through wise
land use and management of their property.
1 Embrace Open Space study is at: htto:/lwww.embraceooensoace.or!!/EOSRenort/EconomicValueofOoenSoace.odf.
2 EP A Low Impact Development study is at: htto://www.eoalZov/owow/nos/lid/costs07/documents/reducinllstonnwatercosts.ndf;
AES study is at: htto://www.aooliedeco.comIProiects/ConDevArtic1eLavout.ndf.
Natural Resources
7-1
Wise use and management of naturai resources is not ail that Maplewood needs to be a great piace to live in the 2151
century: the city aiso needs good schools, a vitai economy, and efficient public services. But healthy natural
resources wili help ensure that Mapiewood has a high quality of life that can be sustained far into the future.
Vision and Goals for Natural Resources in Maplewood
The City of Maplewood has led the way in urban natural resource conservation in Minnesota. From a bonding
referendum in 1993 to protect forests and wetlands, to a rain garden program for recharging groundwater and
purifying runoff to its iakes and streams, Maplewood's citizens and elected leaders quickly adopt new ideas from
scientists, businesses, and regulatory agencies. Maplewood has learned that supporting environmental laws and
best practices has benefits for city residents. The city also believes that property values and the city's overall
marketability will increase over time by improving natural resources and the environment.
Maplewood's desire to become sustainable depends on stewardship of its ecosystems, plant communities, and
species. Good stewardship protects the functions of ecosystems and the free ecosystems services necessary for a
high quality of life.
Foliowing its tradition, the City of Mapiewood holds the foilowing vision for natural resources:
The Cfty of Maplewood, in order to preserve a beautiful, functional, and varied environment for current and
future residents, will protect, connect, restore and manage its ecosystems, plant communities, and species.
The city will do this by using the best science and striving for the highest ecological standard.
To realize this vision, the City of Maplewood has these goals for natural resources:
Natural Resources Goal 1. Protect and buffer ecosystems-forests, savannas, prairies, lakes, streams,
wetlands-and other natural resources.
Natural Resources Goal 2. Connect and enlarge natural areas and wildlife habitat.
Natural Resources Goal 3. Restore and manage natural areas, wildlife habitat, and other natural resources
for high ecological quality and for diversity of plant and animal species.
Natural Resources Goal 4. Restore the natural ecological functions involving water by better managing
stormwater runoff. This means vegetation filtering, infiltration, groundwater recharge, and maintaining
stable water levels.
Natural Resources Goal 5. Fund natural resource programs to achieve the vision and goals.
Natural Resources Goal 6. Integrate the city's natural areas, open space, and active parks and trails.
Natural Resources Goal 7. Incorporate the vision and goals for natural resources in the city's
comprehensive plan, ordinances, policies, development standards, and zoning.
Natural Resources Goal 8. Enhance public understanding of nature, natural systems, and environmental
issues by providing programs, information, and interpretive facilities.
Natural Resources
7-2
Natural Resources Goal 9. Promote a culture of stewardship on public and private land through access to
natural areas and education and volunteer opportunities in natural areas restoration and management.
Natural Resources Goal 10. Seek cost savings by using natural systems to provide services such as
heating, cooling, storm water management and water conservation.
The Natural Environment of Maplewood
Prior to settlement in 1851, most of Maplewood was covered by oak savanna, a plant community with scattered oak
trees or oak groves and a groundcover of grasses, sedges, and wildflowers. Hazelnut, chokecherry, juneberry,
nannyberry, and wild plum grew in the savanna and at wetland edges. Low, wet areas contained wet prairies, sedge
meadows, and marshes. Forests grew on the Mississippi River bluffs in south Maplewood and in valleys where fires
were not severe. Some forests were mainly oak and in others sugar maple and basswood mingled with oaks. Lakes
were smaller at the time, and were later enlarged by excavating wetland vegetation from the shorelines.
Nearly every year the Mdewakanton Dakota Indians ignited fires in the region; the fires had burned the savannas and
wetlands for thousands of years. As a result, most of the plants and animals living in the natural areas of Maplewood
were residents of savannas, marshes, wet prairies, and sedge meadows. Plants and animals of forest settings lived
in the small forest areas of the Mississippi bluffs and in ravines with flowing streams.
After settlement, many changes took place in Maplewood:
. Natural lands were developed with farms, houses, and businesses.
. Large savannas and forests were broken into small separated parcels.
. Remaining savannas became overgrown with trees and shrubs.
. Many wetlands were drained, excavated, and filled.
. Plant life was altered by grazing and the introduction of non-native plants.
. Trees from river floodplains seeded into uplands and wetlands.
. Erosion occurred in streams, at shorelines, and on steep slopes.
. More sediment, phosphorus, and nitrogen reached lakes, streams, and wetlands than historically.
. Some wildlife was eliminated by hunting.
. Some wildlife left or died out because there was not enough habitat to successfully breed.
. More water flowed directly into lakes, streams, and wetlands after rainstorms.
. Water levels in groundwater fell, and water levels in lakes, streams, and wetlands rose and fell more often
and more quickly than historically.
One example of what these changes mean is wildlife that has disappeared or is declining. Generalist species, such
as raccoon and deer, are species that can adapt to different types of habitat, including urban habitats. Many
generalist species thrive in Maplewood. But specialist species, such as the ovenbird and Blanding's turtle, are more
particular about habitat and often need large, connected habitat to persist. These species have declined, or are in
danger of declining locally. Many of the species in Table 7.1 are specialists.
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Table 7.1. Status of Selected Historical and Current Species in Maplewood. These species are on the
Minnesota Department of Natural Resources' list of species in greatest conservation need and are found in the
east Twin Cities region. The list is for illustration only and was not checked by field surveys.
Once Present, Now Gone
American Woodcock
Black-crowned Night-heron
Eastern Meadowlark
Red-headed Woodpecker
Red-shouldered Hawk
Sedge Wren
Trumpeter Swan
Upland Sandpiper
Wood Thrush
Persius Duskywing
Regal Fritillary
American Badger
Franklin's Ground Squirrel
Prairie Vole
Blanding's Turtle
Gopher Snake
Western Hognose Snake
Possibly Present, In Decline?
Common Mudpuppy
Brown Thrasher
Common Nighthawk
Eastern Wood-pewee
Field Sparrow
Least Flycatcher
Northern Rough-winged Swallow
Ovenbird
Rose-breasted Grosbeak
Swamp Sparrow
Virginia Rail
Yellow-bellied Sapsucker
American Brook Lamprey
Least Weasel
Common Snapping Turtle
Smooth Green Snake
Eastern Fox Snake
Eastern Hognose Snake
Species Restored
Bald Eagle
Peregrine Falcon
Today, Maplewood is a patchwork of developed land and undeveloped natural areas (Figure 7.1). Maplewood has
several lakes and ponds In the north, fringed by small amounts of wetland vegetation. The urban watershed that
feeds the lakes provides poor water quality. There are many wetlands, but aggressive cattails and reed canary-grass
cover most.
South Maplewood has large forests. The once large expanses of savanna and prairie no longer exist-remaining
grasslands are small and support only a few species. Three streams-Ballle Creek, Fish Creek, and Snake Creek-
flow from Woodbury through Maplewood and then to the Mississippi. In places their banks are eroding and water
quality is poor because the headwaters are in developed areas. Despite the problems they support a variety of
aquatic insect and fish life.
There are few natural areas of high quality in Maplewood. Most have lost plant and animal species because they are
small and suffer serious edge effects-invasion by non-native species, for example. However, in several places in
the city there are large, continuous habitats well suited to preserving a wide variety of wildlife and plants if restored
and managed. In many local habitats native plants and animals persist despite the small size of the habitat.
Maplewood faces the following challenges in managing its natural resources:
1. How to integrate a developed city and dense population with naturai resource conservation.
2. How to protect and restore ecosystems in the city so that ecosystem services will continue.
3. How to retain and attract animal species that need high quality or large habitats (e.g., specialist species).
4. How to protect and restore the quality of upland and lowland plant communities, wildlife habitats, lakes, and
streams.
5. How to generate funding for natural resources and associated infrastructure.
6. How to prioritize projects.
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7. How to involve city residents and businesses with city staff and officiais in carrying out the vision and goals
for natural resources.
Natural Resources in Maplewood
The City of Maplewood intends to achieve its vision and goals for natural resources using a comprehensive
approach. Maplewood's framework for protecting and managing natural resources focuses on four levels.
. Natural Area Greenways. Natural Area Greenways are large contiguous areas of habitat that cross
ownership boundaries. They protect and expand ecosystem services and habitat. Because they are large
they have the potential to provide habitat for both generalist and specialist species. Mapiewood has
identified four greenways.
. Local Habitats. Local Habitats are individual natural areas and backyard habitat connections. They serve
the needs of people wanting to enjoy and learn about wild habitat near their homes and also provide
ecosystem services and wildlife habitat locally. Because they are relatively small, they are typically not able
to provide habitat for specialist species. Local habitats may be pubiic or private lands.
. Active Parks and Trails. Active Parks and Trails connect Natural Area Greenways and Local Habitats and
give people places to play sports, picnic, and bike.
. Natural Resource Issues. Some natural resource issues are addressed city-wide through individual
programs, such as stormwater management.
Natural Area Greenways
Maplewood defines Natural Area Greenways as large contiguous areas of habitat that cross ownership boundaries.
The purpose of Natural Area Greenways is to protect, connect, and restore large scale ecosystems and ecosystem
services and provide habitat for species that need large natural areas. Greenways contain large natural areas, high
quality plant communities and wildlife habitat, and provide a wide, continuous corridor for animal movement. In
general, a corridor in a greenway should not be narrower than the habitat size for a species that needs the corridor.
Scientific studies vary tremendously in their recommendations for corridor width. For Maplewood a reasonable
minimum corridor width in a greenway is 660 feet (200 meters). This width tries to balance the limitations on natural
resources in cities with the needs of animals that use corridors to survive. It is unlikely Maplewood will be able to
achieve this minimum width throughout a whole greenway due to existing roads and development, however it is a
goal to reach for where feasible.
Four Natural Area Greenways exist in Maplewood (Figure 7.2). They were selected by mapping and connecting
large, better quality natural areas and avoiding major roads and watershed divides that are barriers to many species
(Appendix 7.1). The two northern greenways are mostly lowland ecosystems (lakes and wetlands) north of 1-94. The
two southern greenways consist mostly of upland ecosystems (forests, grasslands) with small wetlands and streams
south of 1-94.
Greenways provide stopovers for the hundreds of bird species that migrate through Maplewood each spring and fall.
But birds also use Local Habitats and backyards if food and shelter are present. Bird and insect migrants (e.g.,
monarch butterfly) move through Maplewood along a broad front. They may concentrate in some places due to local
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7-5
geography and vegetation. The Mississippi Flyway, for example, is wider than the Mississippi River. Waterfowl,
waterbirds, and shorebirds generally orient to it and use its open water in the spring while waiting for ice to melt on
lakes and wetlands in the surrounding area. Once in Maplewood, these birds choose migratory stopover habitat
based on size, quality, and isolation, not geographic location. Migrating songbirds from the tropics and subtropics
also move on a broad front, but descend from flight elevations and move through vegetation eating insects as they
journey north. As they move through Maplewood, these birds concentrate in woodlots, dense tree patches in
developments, grasslands and brushland, and in the vegetated edges of wetlands and lakes. The more patches of
permanent vegetation there are, the more opportunities these birds have to feed as they migrate.
1. Phalen-Casey Chain-of-Lakes
Greenway composition and regional barriers
This large, lowland greenway consists of a chain of lakes in formerly extensive wetlands. Stretching from Phalen
Lake to Casey Lake, it includes Round, Keller, Gervais, Kohlman Lakes and Kohlman Creek. Most of the greenway
is open water with a narrow wetland fringe. More wetlands are east of Kohlman Lake. This greenway extends into
North St. Paul, Little Canada, and St. Paul.
Regional barriers to the movement of fish, freshwater mussels, crayfish, and some other aquatic life are the urban
development south and west of the greenway, and the major watershed divides to the north and east. Water leaves
this greenway from Phalen Lake and travels in a large storm sewer until it discharges to the Mississippi River at
Mounds Park, St. Paul.
Eleven constrictions (pinch points) with greenway width of <660 feet (Figure 7.2) restrict wildlife movement in the
greenway. Pinch points are mainly at road crossings (Frost Avenue at Round Lake, Highway 61 at Keller Lake,
Highway 36 at Keller Lake, Highway 61 east of Kohlman Lake, west side of Hazelwood Park, and White Bear
Avenue). Other pinch points are the outlet of Lake Gervais, the outlet of Kohlman Lake, a narrow wetland west of
Hazelwood Park, and a drop structure at the outlet of Casey Lake.
Greenway challenges
. Reduced infiltration due to high percentage of impervious surface in the watershed causes a lower water
table and reduces groundwater inflow to lakes and wetlands.
. Poor water quality in lakes and wetlands due to large amount of surface runoff from impervious surfaces
and turf grass brings sediment, nutrients, and pollutants to waters.
. Narrow lake and wetland buffers reduce the filtering and cleansing effect of vegetation at the water-upland
edge.
. The small size of upland habitats next to lakes and wetlands prevents some wetland animals from
completing a life cycle that includes using uplands (e.g., Blanding's Turtle).
. Over-abundance of reed-canary grass and cattail degrades wetland habitat.
. Minnesota Pollution Control Agency has designated several lakes in this greenway as impaired: Kohlman,
Gervais, Spoon, Keller, Round, and Phalen.
2. Holloway-Beaver Lake Wetlands
Greenway composition and regional barriers
This large, lowland greenway is more or less continuous wetland habitat from the marsh lands north of Holloway
Avenue, southwest to wetlands and uplands at Priory Neighborhood Preserve, and continuing southwest along
wetlands and Beaver Creek to Beaver Lake. This greenway extends into North St. Paul, Oakdale, and St. Paul.
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7-6
Beaver Lake has a narrow wetland fringe. This is a historical wetland area, containing wet prairie, wet meadow, and
marsh. The lowland forests with ash, elm, cottonwood, and silver maple that exist in this greenway were not here
historically.
Regional barriers include a major watershed at the east edge, dense urban development in St. Paul, and minor
watershed divides to the north and south. The greenway drains out of Beaver Lake and the water flows in a large
storm sewer west to Phalen Creek. The movement offish, freshwater mussels, crayfish, and some other aquatic
species are restricted by these barriers.
Seven pinch points with greenway width of <660 feet (Figure 7.2) restrict wildlife movement in the greenway. Pinch
points are where roads (Century Avenue, Maryland Avenue, and Lakewood Drive) and a railroad cross the
greenway. The narrow wetland between Maryland Avenue and Lakewood Drive is also a pinch point.
Greenway challenges
The challenges are the same as for Phalen-Casey Chain of Lakes above.
3. Battle Creek Forests
Greenway composition and regional barriers
This large, mostly forested greenway includes Battle Creek Regional Park and connects to the Mississippi River
bluffs in St. Paul. This greenway includes the Ponds at Ballle Creek Golf Course, the forested portion of Highwood
neighborhood, and Applewood Neighborhood Preserve. The largest, best quality forests are in Battle Creek
Regional Park. Battle Creek is part of this corridor and begins in Tanner's Lake in Landfall, then flows to Ballle Creek
Lake in Woodbury, and then through a narrow stream valley to Ballle Creek Park. This is a historical forest area of
oak forest, oak-mapie-basswood forest, and aspen-oak woodland.
Regional barriers around this upland greenway are the major divided highways: US61, 1-494, and 1-94. These
highways prevent the movement of small mammals, amphibians, reptiles, and ground-dwelling insects that are an
important part of the forest's food chain. They also pose a significant risk to other mammals, birds, and flying insects
(e.g., butterflies, dragonflies) attempting to cross them.
Two pinch points in the continuous forest are on Battle Creek and Lower Alton Road west of McKnight Road. A
pinch point in the greenway exists at Lower Alton Road between Battle Creek Regional Park and the golf course.
Battle Creek is pinched where it crosses under 1-94 between Tanner's and Ballle Creek Lake, at the outlet of Battle
Creek Lake, and at Century Avenue. Only two pinch points are within the City.
Greenway challenges
. The large forests are far from each other and connected by poor quality corridors.
. Development at the edges of the large forests affects habitat quality inside the forests. Edge effects shrink
the actual size of interior forest habitat, reducing breeding area for forest songbirds (e.g., warblers, vireos)
and other forest animals.
. Low quality forest habitat is due to over-abundance of European buckthorn and invasion by other non-native
plants (e.g., garlic mustard).
. Groundcover plants, trees, and shrubs were affected by callie grazing in the past, and are today affected by
abundant white-tailed deer. Grazing and browsing affects some plant species but not others, reducing
forest plant diversity.
. The forests were protected from severe fires historically, but not from all fire.
. Feral and free-roaming cats affect small mammal populations and shrub nesting birds.
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7-7
. Two- and four-lane roads inside the greenway prevent movement of some species.
. The challenges described for the lowland greenways affect Battle Creek, a mostly developed 11.4 square
mile watershed. Battle Creek is a typical urban stream, with very low flows at times and with very high flows
after rainstorms', but water quality and aquatic life are fair to good.
4. Fish Creek Forests
Greenway composffion and regional barriers
This large, mostly forested greenway includes four units of Ramsey County's Fish Creek Open Space. It is at the
north end of a large, mostly forested greenway that includes forests in Newport, St. Paul, and Cottage Grove. Fish
Creek is part of this corridor and begins at Carver Lake in Woodbury, then flows through the Fish Creek Open Space
and beneath 1-494 and US61 to the Mississippi River. A smaller creek, Snake Creek, begins in the Bailey Nursery
grounds and also flows to the Mississippi. This is a historical forest area of oak forest, oak-maple-basswood forest,
and aspen-oak woodland.
A portion of this greenway is in the Mississippi River Critical Area and the Mississippi National River and Recreation
Area. The Critical Area was designated and established by two governors and the Metropolitan Council between
1976 and 1979. Executive Order 79-19 requires that municipalities and agencies coordinate planning and
management in the Critical Area using common guidelines4. In 1991 the legislature made the National River and
Recreation Area (part of the National Park Service) a critical area under Minnesota Statutes, Chapter 116G. The
legislation also made the boundaries of the Critical Area and the National River and Recreation Area the same.
Regional barriers to this upland greenway are the major divided highway 1-494 and development to the east in
Woodbury. These barriers prevent the movement of small mammals, amphibians, reptiles, and ground-dwelling
insects that are an important part of the forest's food chain. The highway poses a significant risk to other mammals,
birds, and flying insects (e.g., butterflies, dragonflies) attempting to cross it.
The main pinch points in the continuous forest are near Sterling Street at 1-494 and on the Bailey property.
Greenway challenges
. The challenges are the same as the challenges for Battle Creek Forests above.
. Loss of private land to development will decrease the amount of natural land in this greenway.
. Unwise development may degrade habitat.
. Developers and landowners are often not knowledgeable about or are not receptive to conservation design
strategies.
. Fish Creek and Snake Creek are reported to have eroding banks and beds.
Local Habitats
Local Habitats are individual natural areas and backyard habitat connections (Figure 7-3). The purpose of Local
Habitats is to protect, buffer, and manage small, isolated wild habitats and protect local ecosystem services outside
the Greenways. Local Habitats will be difficult to eniarge and connect and will usually benefit generalist species but
3 See Met Council monitoring reports for 2001 and 2003 at:
httn:/Iwww.metrocounci1.onuenvironmentlRiverslakes/Streams/Renorts/Battle.ndf.
http://www.metrocouncil.orglenvironmentJRiversLakes/StreamslReportsJ2003 _ Report/03Battle. pdf
4 For guidelines see: http://files.dnr.state.mn.us/waters/watermgmt_ section/critical_ area/execord.pdf.
Natural Resources
7-8
not specialist species. These lands may be private or public. Private lands are included to show the natural
resources that exist in the city. These private lands are not open for public use and these sites may be developed
someday. Many of the public sites provide access and opportunities for people to enjoy and learn about wild
habitats,
Local Habitats include:
. Some Maplewood Neighborhood Preserves;
. Natural areas within active parks;
. Neighborhoods that have contiguous backyard habitat;
. Natural areas that are used for stormwater management:
. County and city open space sites that have natural vegetation;
. Private sites that have natural vegetation.
Two Local Habitats are significant because of their size and arrangement.
3M Lake Wetlands
This is the largest concentration of Local Habitat in Maplewood. It contains 3M Lake and wetlands identified by the
Minnesota Department of Natural Resources as regionally significant. It is at the top of a watershed and runoff
comes from nearby. This improves chances to manage runoff and protect or restore water quality in the lake and
wetlands.
Highwood-V;sta Hills Wetlands
The Highwood and Vista Hills neighborhoods are unique in Maplewood due to the dozens of small, kettlehole
wetlands formed by the glaciers melting in place here (Le., an ice-stagnation moraine). It is at the top of a watershed
and runoff comes from nearby lawns, driveways, and streets. This improves the chances to manage runoff and
protect or restore water quality in the wetlands, The Highwood-Vista Hills Wetlands overlap with the Battle Creek
Forest Greenway. Small forested wetlands provide excellent habitat for frogs and other aquatic life,
Local Habitat Chatlenges
. Small habitats are affected more than large habitats by edge effects. Edge effects include invasion by non-
native plants (e,g., European buckthorn, garlic mustard) and animals (e,g., European Starling, House
Sparrow) and predation on wildlife by feral and free-roaming cats.
. Many native species do not survive in small habitats for very long because they have small populations, and
small populations can easily go extinct.
. Small habitats can be over-used by people because the impacts are concentrated in a small area. In small
habitats vegetation is easily trampled and lost, erosion is quick to start, and dumping of trash, lawn
clippings, leaves, and debris often happens.
. Small lakes and wetlands are easily polluted because the runoff from impervious surfaces and turf grass is
large and overwhelms the ecosystem's ability to absorb and treat it. When they are at the top of a
watershed, small lakes and wetlands tend to have better water quality because less runoff reaches them.
Active Parks and Trails
The purpose of active parks and trails is to provide easy access for people's recreational enjoyment. These places
provide fewer ecosystem services than greenways and Local Habitats because they usually have turf grass,
compacted soils, and impervious surfaces, and are poor wildlife habitat. However, some parts of active parks, trails,
and golf courses could be used to expand habitat and reduce edge effects in greenways and Local Habitats. In
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7-9
addition, areas within active parks that are not needed for active recreation may be restored to native plant
communities. The Parks Chapter of the Comprehensive Pian covers parks in detail.
Challenges in Active Parks and Trails
. It is necessary to understand which parts of active parks and trails have an effect on greenways and Local
Habitats, positive and negative.
. Some specialist wiidlife is disturbed by human activity. This is more important in greenways than in Local
Habitats.
. Wheels, shoes, and dogs spread seeds of non-native plants to natural areas (e.g., garlic mustard).
. Maintenance activities in parks and along trails can affect greenways and Local Habitats. Herbicide drift is
one example.
Special Natural Resource Issues
Some natural resources issues are widespread in the city and are addressed by topic through city-wide programs.
Existing programs include:
. Stormwater Management Program;
. Maplewood Tree Program;
. Buckthorn Management Program.
Additional programs should be established to address natural resources issues such as:
. Invasive piants and animals (other than buckthorn);
. Wetland buffer improvements;
. Sustainable landscaping and yard care;
. Toxic waste sites;
. Impaired waters. Minnesota Pollution Control Agency has designated the following Maplewood Lakes as
impaired: Kohlman, Gervais, Spoon, Keller, Round, Phalen, Wakefield, and Beaver:
. Stream restoration.
This natural resources plan provides a new framework for protecting natural resources in Maplewood. It addresses
regional, city-wide, neighborhood, and site levels. It encompasses both public and private lands. This
comprehensive approach will enable Maplewood to protect and manage natural resources. Implementation
strategies are discussed in the following section.
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7-10
Implementation Strategies for Natural Resources
The city's present and future residents will benefit by using Maplewood's natural resources in a sustainable
way. The city's reputation and its quality of life will be enhanced, residents and visitors will see beauty and
variety in the environment, and healthy ecosystems will provide services and benefits that keep the city's
lakes and streams clean and its wildlife populations diverse.
This is a large vision with many ambitious goals for protecting, restoring and managing natural resources in
the city. It will take many years of discussion, planning, budgeting, and other work to make it a reality.
The implementation plan for natural resources has the following strategies. The city will need to review and
update the plan as priorities and resources change, as new strategies and opportunities arise, and as staff
and officials learn about new approaches to sustainability.
Education
. Educate residents about nature, natural resources, and protection and management of resources.
. Adopt both city-wide and neighborhood-based educational programming.
. Give annual progress report to city council and the community.
. Organize public tours of the greenways and Local Habitats.
. Develop educational materials and create a natural resources page on the city's website. Post
natural resources plan, maps of greenways and Local Habitats, brochures, technical information for
stewardship work by residents, etc.
. Present workshops to explain the natural resources plan. Answer questions: What are greenways
and Local Habitats, why are they needed, where are they, and how do they affect residents?
. Develop programs and events to involve citizens in inventorying and monitoring species.
Maplewood currently has citizen-monitoring programs for bluebirds, frogs, and for the
Neighborhood Preserves. Develop additional citizen-based inventory and monitoring programs to
gather information throughout the year. In addition, consider hosting events such as "BioBlitz Day"
to involve citizens in inventorying species on a single day.
. Provide training on natural resources management for staff.
City Planning and Zoning
. Integrate natural resources (e.g., greenways and Local Habitats) into the city's comprehensive
plan, zoning, ordinances, development review, daily operations, capital budgeting, and bonding
initiatives.
. Investigate options to encourage preservation and management of Natural Area Greenways such
as educational programs, zoning overlays, or incentive programs for private landowners to adopt
certain approaches to construction and land treatment that improve natural resources In the
greenway.
. Modify the city's operating procedures and annual budgets to implement feasible strategies
identified above.
. Hold brain-storming sessions with city leadership to identify strategies for implementing the natural
resources plan. Discussion should focus on three things: 1) integrating all public lands, across all
uses and owners; 2) integrating the public and private use of land and waters, where feasible; and
3) integrating the existing stormwater infrastructure and management approach with the vision for
natural resources. Ideas for stormwater may include:
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7-11
. Wetland and Floodplain Buffers. Set water quality buffer width using best available science
and incorporate in city ordinances and standards.
. Stormwater Uti/fly. Incorporate in the city's stormwater utility the locations for stormwater
management that benefit greenways and Local Habitats. Implementation is ongoing, but focus
should include regional view and the integration of greenways and Local Habitats.
. Update the city's zoning and ordinances to implement win-win strategies such as:
. Conservation Design Ordinance. Create an ordinance or zoning overlays that encourage low
impact development and conservation design practices. Exampies include City of Lino Lakes,
rural residential cluster development ordinance of Chisago City and Marine on St. Croix, and
St. Croix County, WI. Examples of conservation development designs and approaches are
widely available. 5 This type of ordinance preserves large natural areas, manages stormwater
ecologically, minimizes land clearing and grading, reduces infrastructure costs (sewers, curb
and gutter, irrigated turf grass, pavement extent, utility run lengths), and promotes stewardship
of natural resources. Incentives to landowners might include accelerated permitting,
exemptions, and increased housing density.
. Alternative Stormwater Standards. This tool is part of a conservation design ordinance or can
stand alone. Its focus is to promote low impact development practices for stormwater
management, and integrate those practices with existing stormwater management
infrastructure operations and maintenance. Many examples of low impact practices exist,
such as rain gardens, bioswales, porous pavement, and narrow streets. 6
Protection and Restoration
Inventory and Evaluate Natural Resources
. Conduct land cover inventory for city using Minnesota Land Cover Classification System (MLCCS).
At a minimum, MLCCS should be done for the greenways and for all city-owned Local Habitats.
. Identify parcels with high ecological quality that need protection.
. Identify areas in active parks that could be restored to natural habitat.
. Identify locations in active parks, golf courses, and recreational trails that are part of greenways
and Local Habitats and their buffers.
. Identify locations in active parks, golf courses, and recreational trails useable for alternative,
ecological stormwater management. These areas can manage runoff from the parks, golf courses,
and trails, or can intercept and manage runoff from other land.
. Identify other locations on public land (e.g., school property, county land, City Hall) that benefit
greenways and Local Habitats.
. Assess natural resources city-wide, identify opportunities, and prioritize conservation and
management initiatives.
Protect Natural Areas
. Develop and adopt a land protection plan for Fish Creek Forests Greenway using strategies
outlined in this section and the section below on Protect Natural Areas on Private Land.
5 Applied Ecological Services: httn://www.aooliedeco.com/ConservationDev.cfin;Urban Land Institute:
htto://minnesotauli.orr!./ContentINavil!ationMenu18/ConservationDesiQD/ConservationDeveloomentFramework.odf
6 Low Impact Development Center, Inc.: htto:/Iwww.lowimoactdevelooment.on!:National Stormwater Center:
httn://www.stormwatercenter.ofl!: USEP A NPDES Stormwater Program:
htto:/lcfuub.eoa.l!ov/nndes/stormwatermonth.cfm; Minnesota Erosion Control Association: htto://www.mnerosion.ore:;
Applied Ecological Services: htto://www.aooliedeco.comlStormWaterMct.cfm.
Natural Resources
7-12
o Pursue protection options initiated in 2007-2008 for city-owned parks and natural areas, including:
ordinances, no-net loss policy, zoning, conservation easements, and Comprehensive Pian. The
Comprehensive Plan should define special land use conditions for the Maplewood Neighborhood
Preserves, active parks, and other city open spaces. The Comprehensive Plan should also define
conditions and policies such as no-net loss in Neighborhood Preserve acreage.
o Convene a budgeting session with city leadership to identify the strategies to fund protection and
restoration of greenways, Local Habitats, and their buffers. Budget for the 5-year and longer term
planning horizons. Strategies include:
o Park Dedication. Transfer dedications from other parts of city to greenways and Local
Habitats. Increase amount of park dedication required.
o Grants. Seek grants for greenways. (E.g., Minnesota Department of Natural Resource's
(MNDNR) Regional Park or Natural and Scenic Areas grant with 40% match for Regional Park
or 50% for Natural and Scenic Areas? MNDNR Environmental & Conservation Partnerships
Grant program for up to $20,000, with 50% municipal in-kind/cash match.)
o Private Easements. Encourage private landowners to enter into conservation easements with
a group such as Minnesota Land Trust.
o Donation of Land or Easement. Seek donation of land or donation of conservation easement.
Trust for Public Land can be intermediary. Donations can reduce federal and state taxes.
Identify key messages and incentives to landowners on tax benefits of donation.
o Acquisition. Consider a bonding initiative for greenway and Local Habitat acquisition8.
o Collaboration. Collaborate with adjacent communities, county, and agencies in development
and implementation of plans for Natural Area Greenways.
Protect Natural Areas on Private Land
Protecting natural areas on private land is complicated and requires a willing landowner. Each property
needs a different approach. Implementing the natural resources plan will lay the groundwork for
approaching landowners with ideas for protecting natural areas in greenways and Local Habitats. There are
several tools for approaching landowners:
o Educate landowners about the resources on their particular site and in their neighborhood.
o Provide stewardship training to residents.
o Encourage landowners to enter into conservation easements with a group such as Minnesota Land
Trust.
o Develop incentives for landowners to donate conservation land to city.
o Adopt zoning and development ordinances with incentives to protect open space.
Natural Resources Management Plans
o Develop and implement management plans for Natural Area Greenways and city-owned Local
Habitats.
o Develop and implement site-specific management plans for each Maplewood Neighborhood
Preserve.
o Develop and implement management plans addressing city-wide management issues such as
invasive species.
o Develop and implement a Maplewood Tree Plan to cover boulevard trees, park trees, woodlots and
forests.
o Modify park and trail operations to adopt environmentally friendly maintenance practices and to
7 See htto://www.dnr.state.mn.us/grants/land/naturalscenic.html
8 See http://conservationcampaign.org
Natural Resources
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minimize edge effects to nearby greenways and Local Habitats.
City-wide Natural Resources Issues
Stormwater Management
. Alternative Stormwater Standards. Discussed above.
. identify Target Locations. Compiete a study to identify and prioritize areas with existing conditions
that create problems for downstream lakes, streams, and wetlands in the city.
. Biue Stormwater Program for Existing Deveiopments. Create a program to deliver technical advice
and assistance about low impact retrofit practices to improve ecosystem services involving
stormwater (vegetation filtration, infiltration, recharge, and water ievel stability). These include rain
gardens, bioswaies, infiltration plantings (e.g., butterfiyand botanical gardens, prairies), tree boxes,
created wetlands, cisterns, and many more practices.
. inspection of structures. Continue city's inspection program, which inspects all stormwater
pollution control devices annually.
Street and Boulevard Design and Maintenance
. Investigate alternative road de-icing options. Options range from new formulations of calcium
chloride to a solution containing sugar beet juice.
. Sweep streets on annual schedule. Currently the city sweeps most streets two times per year;
streets in sensitive areas are swept more often.
. Identify erosion-prone street shoulders at lakeshores, streams, and wetland edges and take
corrective action. This is being implemented, and will include a focus on Natural Area Greenways
and Local Habitats.
. Develop guidelines for environmentally friendly street design such as plantings in cul-de-sac center
islands, tree boxes in boulevards, and innovations such as Portland's Green Street program'.
Urban Tree Management
. Develop and implement an Urban Tree Management Plan for the city that addresses boulevard
trees, park trees, and woodlands.
. Monitor tree disease and pest outbreaks and implement control program (Dutch elm, oak wilt,
emerald ash borer, etc.). Expand to include other diseases and pests as they occur.
. Consider adapting the Minnesota Forest Stewardship whole-site planning model for the city'O.
Non-native Invasive Species Management
. Educate city staff and residents on threat of invasive species and management options.
. Develop a volunteer program to help monitor city-owned land for new invasions.
. Partner with adjacent cities and agencies in controlling invasive species regionally.
. Monitor developments in control methods for buckthorn, garlic mustard, reed canary-grass,
Siberian elm, and other target species and revise outreach materials as needed.
Urban Wildlife Management
9 See http://www.port1audonline.com/BES/index.cfin?c~44407&
10 http://na.fs.fed.us/stewardship/index.shtm
Natural Resources
7-14
. Educate residents about the value and stewardship of urban wildlife.
. Participate in Ramsey County's deer management program.
. Explore options to reduce populations of bird and mammal species that compete with or prey on
native songbird populations (feral and free-roaming cats, raccoons, starlings, house sparrows,
crows and grackles, etc.).
Mississippi River Critical Area Corridor and the Mississippi National River and Recreation Area
. Update city's planning, development review, zoning and ordinances to be consistent with
guidelines for these areas.
. Identify parcels of land in these areas that have high ecological quality and need protection.
. Educate landowners in these areas about the designations and what they mean.
Natural Resources
7-15
Implementation Schedule for Natural Resources Plan
The Natural Resources Plan proposes a new approach to managing Maplewood's natural resources. One
of the first steps in achieving the goals is to gain a better understanding of Maplewood's resources. To do
this, the implementation plan recommends that Maplewood conducts a land cover classification survey of
the whole city. This work will lay the foundation for planning and management. It should be completed
before the city attempts to prioritize protection and restoration projects. Therefore, the implementation
schedule focuses on planning, not on specific restoration and management projects.
Category Date Ke Activities Cost Estimate
Planning 2008- 1. Develop policies, zoning, and ordinances to Staff
2009 implement natural resources plan
2. Develop land protection strategies for south Staff
Maplewood
3. Determine staffing needs for Implementation of Staff
natural resources plan
4. Determine role of Environmental and Natural Staff, ENR
Resources Commission (ENR) in Implementation of
Natural Resources Plan
5. Conduct MLCCS inventory for entire city ($10,000 $25,000
grant received)
6. Assess and prioritize protection and management Staff
projects
7. Develop funding strategies Staff
8. Develop Maplewood Tree Plan Staff
2010 1. Develop management plan for each greenway $40,000
2. Develop general management plan for Local $10,000
Habitats
2010+ 1. Develop individual management plans for individual $30,000 total
Neighborhood Preserves when funding is available
to begin restoration at site
2. Develop programs that address natural resources staff
city-wide (ex: wetland buffers, sustainable
landsca in
Education, 2008- 1. Develop natural resources workshop focusing on $5,000 grant
Outreach, 2009 protection and stewardship of neighborhood
Community resources
Engagement 2. Present natural resources workshop in four Staff
neighborhoods (two in 2008, two in 2009)
3. Enhance natural resources section of website Staff
4. Present community-wide programs on sustainable Staff
landscaping and natural resources
5. Conduct "BioBlitz" for one site Staff
6. Develop strategies for citizen-based inventory and Staff
monitorin ro rams
2010 1. Present natural resources workshop for four Staff
neighborhoods
2. Present communit -wide ro rams on sustainable
Natural Resources
7-16
Land
Protection
and
Acquisition
2008-
2009
2009-
2013
1. Develop policies, zoning, and ordinances that help
rotect natural lands
1. Acquire non-buildable land for preservation
2. Acquire buildable land for preservation
(Cost-share grants available for land in Mississippi
Critical Area)
Ac uire land throu h donation
$25,000-
$100,000/acre
$100,000-
$300,000/acre
Natural Resources
General costs for restoration and mana ement:
Buckthorn removal
Prairie restoration includin
Woodland restoration
Wetland restoration
Yearl maintenance of restored areas
Per acre
$1000-$10,000
$4000-$8000
$2000-$20,000
$2000-$8000
$100-$250
7-17
6. Figures
Figure 7.1. Natural and Semi-Naturai Land in Maplewood
Figure 7.2. Natural Area Greenways
Figure 7.3. Local Habitats
Figure 7.4. Maplewood's Natural Resources, Parks, Trails, and Open Space
7. Tables
Table 7.1. Status of Selected Historical and Current Species in Maplewood
Natural Resources
7-18
DCilY of Maplewood Boundary
~ Forested Upland Habitat
II Non-Forested Upland Habitat
B Forested Lowland Habitat
;I Non-Forested Lowland or Aquatic Habitat
- Stream or Water Flow Path
Figure 1
Natural and Semi-Natural Land Cover
City of Maplewood Comprehensive Plan
This map shows areas of Maplewood that have natural/semi-natural habitat
circa 2008. These areas include both public and private land.
Date: 06-06-0B
Source: MNDNR Twin Cities Metro Hybrid Land Cover (2000) modified using
2006 and 2003 digital orthophotography; StreetMap USA
Drawn by: DMM
Reviewed by: KAC
AES Job No.: 08-0036
File Name: maplewood_greenway_plan_10_figure1 priorilizalion_02.mxd
DCity of Maplewood BoundafY
-m Natural Area Greenway
. Upland System Constriction
. Lowland/Aquatic System Constriction
lm]Lake
-S1ream or Water Flow Path
Figure 2
Natural Area Greenways
City of Maplewood Comprehensive Plan
Na!ural Area Greenways include both public and private land.
Da!e:06-06-Ga
Source: 2006 and 2003 digital orthophotography; City of Maplewood base data;
StreetMap USA
Drawn by: DMM
Reviewed by: KAC
AES Job No.: 08-0036
File Name: maplewood...Jjreenway_plan_10 _figure2natlareagreenways ~ 02.mxd
- Stream or Water Flow Path
Figure 3
Local Habitats
City of Maplewood Comprehensive Plan
Local Habitats include both public and private land.
Date: 06-09-08
Source: 2006 and 2003 digital orthophotography; City of Maplewood base data;
StreetMap USA
Drawn by: DMM
Reviewed by: KAC
AES Job No.: 08-0036
File Name: maplewood_Qreenway_plan_10_figure310calhabilats_02.mxd
-Existing Regional Trail
-Existing Road Trail
=Existing Walking Path
... Mississippi River Critical Area
Iii Mississippi National River and Recreation Area
I2NLak'
- Stream or Water Flow Path
Figure 4
Natural Resources Plan Map
City of Maplewood Comprehensive ptan
Natural Area Greenways and Local Habitats include both public and private land.
Date: 04-28-08
Source: MNDNR Twin Cities Metro Hybrid Land Cover (2000); 2006 and 2003
digital orthophotography; City of Maplewood base data; StreetMap USA
Drawn by: DMM
Reviewed by: KAC
AES Job No.: 08-0036
File Name: maplewood-9reenwaLplan_1 0_figure4natlresourcesplan_02.mxd
Agenda Item G.d.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
2008 Environmental and Natural Resources Annual Report
January 28, 2009 for the February 3 ENR Meeting
INTRODUCTION
Most city commission ordinances require the submittal of an annual report to the city council. The
annual report outlines the actions and activities taken by the commission during the preceding
year, recommendations needed to existing ordinances or policies based on past reviews, and
goals envisioned for the upcoming year. These reports are reviewed and approved by the city
council.
The Environmental and Natural Resources (ENR) Commission ordinance does not have an annual
report requirement. Regardless, staff recommends that the commission begin submitting annual
reports to the city council to report on accomplishments and obtain feedback on proposed goals.
Following is proposed content for the ENR Commission's first annual report which will update the
city council on the commission's actions for the 2008 calendar year.
PROPOSED ANNUAL REPORT CONTENT
Members
The ENR Commission consists of seven members appointed by the city council. Membership
terms are for three years, with extensions for additional terms approved by the city council. The
current membership is as follows:
Board Member
Membership BeQan
Term Expires
Carole Lynne
Carol Mason Sherrill
Ginny Yingling
Dale Trippler
Frederica Musgrave
Bill Schreiner
Judith Johannesen
11/27/06
11/27/06
11/30/06
06/25/07
06/25/07
06/09/08
07/14/08
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/10
12/31/10
MeetinQs
The ENR Commission's regularly scheduled meetings are the first Tuesday of every month at 5:15
p.m. In 2008, the ENR Commission held 15 meetings.
Reviews and Accomplishments
1. Wetland Ordinance
2. Maplewood Comprehensive Plan
a. Natural Resources Chapter
b. Sustainability Chapter
c. Surface Water Management Chapter
3. U.S. Mayor's Climate Protection Agreement
4. Rules of Procedures
5. Silver Lake Improvement Association Request for Herbicide Treatment Funding
6. University of Minnesota Sustainable Maplewood Project
7. New Member Orientation
8. Capitol Region Watershed District 2010 Watershed Management Plan
9. Sl. Paul Regional Water Services Zebra Mussel Management Plan
10. Eureka 2008 Work Plan
11. Wind Turbines
12. Environmental Protection Ordinance (Slopes and Mississippi Corridor Critical Area)
13. Goal Setting
Outside Activities
1. Waterfest
2. National Night Out Recycling Bin Distribution
3. Collaborative Joy Park Buckthorn Removal Project
4. Spring and Fall Clean Up
Goals
During the ENR Commission's November 18, 2008, Goal Setting Meeting, the commission came
up with three main goals the commission would like to focus on in 2009 including:
1. Storm Water
2. Greenways
3. Trash Hauling
During the Goal Setting Meeting, the commission agreed to break up into subcommittees to do
research and work outside of the full commission. The subcommittees will bring back reports to
the full commission for review and recommendations.
CONCLUSION
Review the proposed ENR Commission 2008 Annual Report content and be prepared to discuss
during the February 3, 2009, meeting.
2