Agenda - Council - 09/22/2009 - Laserfiche WebLink

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CASE # ~,p INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9 OF CITY CODE, RELATED TO THE DEFINITION OF TOPSOIL By: Tim Himmer, City Engineer Background: As a-means of water conservation, the City adopted a new topsoil ordinance on Apri128, 2009. The existing ordinance went into effect on June 8, 2009, and includes the following: • The installation of a minimum of four (4) inches of topsoil over all exposed areas not improved with buildings andpaving, excluding natural areas that are left undisturbed. • The topsoil requirement would apply to any lot, in any zoning district, being improved with the construction of a principal structure. • Topsoil is defined as "black dirt composed of unconsolidated material, largely undecomposed organic matter that is a suitable foundation for vegetative growth. The composition of the topsoil shall include a well balanced medium consisting of the following: o A maximum sand/silt content of 20% o A minimum organic content of 3S% o A pH between 6 and 7 o Removal of all rocks in excess of 3/4" During adoption of the topsoil ordinance staff discussed an approach to pre-certify soil in an attempt to make the change easier for builders and contractors in locating the material, as well as for inspections and enforcement by City staff. During the precertification process staff negotiated with our geotechnical consultant to test samples for us at no cost. Attempts have been made to contact local suppliers requesting a sample of the material they market for potential inclusion on our list distributed to builders and contractors at the time a building permit is issued. Currently four (4) suppliers have submitted a total of seven (7) samples for review, three (3) others have stated that they are interested in participating but have yet to submit samples, and one (1) has submitted their testing information in an attempt to become an approved supplier. Only one (1) sample meets the current definition of topsoil; however that sample was submitted last year and is no longer available. Observations: Staff was concerned about the lack of suppliers and material that meets our current ordinance so a case was brought forward for discussion at the Public Works Committee on July 21, 2009. The direction from that meeting was to amend the topsoil definition within Section 9.02 of City Code to reduce the minimum organic content to twenty-five percent (25%), and increase the maximum allowable sand content to thirty percent (30%). The Planning Commission held a public hearing related to this proposed amendment on September 3, 2009. There were no persons in attendance to speak to this matter, but one letter in opposition to the amendment was accepted into the record and there was much discussion by the Commissioners. The biggest issues raised at that meeting were: • Whether the City should be participating in certifying the soil. • Whether the requirements were too restrictive and therefore caused a hardship for builders and developers (creation of a "Ramsey mix").