Minutes - Planning Commission - 12/03/2008

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effective and easily enforceable ordinance as possible. He explained the importance of spreading four inches of black dirt topsoil on a property and then rototilling it into the surface; by doing this, there is significantly less chance of the sod drying out, resulting in increased water savings. He further explained the impact of phosphates and run-off, adding that organic soils hold the nitrogen in soil without leaching; sand will not accomplish this. He stated he recommends that a high organic soil be placed on the sand, tilled into the sand, and distributed throughout. He also stated it will be important to include a mandatory City inspection to make sure developers are complying with the ordinance and stated there is a simple test that can be conducted to test the soil for sand content. He reiterated his request to postpone action on the proposed Ordinance for three or four weeks in order to give him an opportunity to continue to work with City staff on the wording contained in the ordinance. Chairperson Nixt expressed the Planning Commission's thanks to Mr. Enstrom for his thoughtful comments and observations. Assistant City Engineer Himmer indicated staff is happy to continue to work with Mr. Enstrom on the proposed Ordinance prior to sending this on to the City Council. Motion by Chairperson Nixt, seconded by Commissioner VanScoy, to close the public hearing. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Van Scoy, Brauer, and Levine. Voting No: None. Absent: Commissioners Cleveland, Hunt, and Rogers. The public hearing was closed at 7:41 p.m. Commission Business Commissioner Brauer stated he was in favor of allowing staff additional time to work with Mr. Enstrom on a final draft of the ordinance. He asked staff for additional information with respect to how the ordinance will be enforced. Assistant City Engineer Himmer stated enforcement will occur at the time of final grading inspection and staff will test multiple locations on the site. He added the City currently utilizes a $600 landscaping escrow to insure installation of boulevard sod and trees. This escrow, collected at the time of building permit issuance, would no longer be collected. Instead, at the time the Certificate of Occupancy is issued, if all landscaping, including topso!l, sod and trees are not in, an escrow would be required in an amount sufficient enough to complete the work. Once installed the escrow would be returned. He added with every site plan approval, there is a Development Agreement presented for approval along with the final plat; failure of the Council and subdivider to reach agreement shall constitute denial of the plat. He noted there is no specific language regarding enforcement since this is more of a policy situation that City staff will deal with at the time of issuance of the building permit. He further stated that staff based its definition of topsoil on the definitions currently used in Blaine and Andover. Planning CommissionlDecember 3, 2008 Page 5 of7