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<br />Chairperson Levine closed the regular portion of the Planning Commission meeting at 7:42 p.m. <br />in order to call the public hearing to order. <br /> <br />Public Hearing <br /> <br />Chairperson Levine called the public hearing to order at 7:42 p.m. <br /> <br />Presentation <br />City Engineer Himmer explained that as a means of water conservation the City adopted a new <br />topsoil ordinance, which took effect on June 8, 2009. He stated that in order to make this a <br />smooth transaction the City wanted to pre-"certify samples from dealers. He stated that this is the <br />first step in a more encompassing water conservation policy. He explained that only one sample <br />met the regulations, but is no longer available. He advised that other soils were available that <br />were close to the original standards and explained the options for the City. He advised that <br />ultimately staff chose to amend the code. He stated that four local suppliers had come forward <br />that met the new qualifications. He advised that there would be an increased cost to obtain the <br />soil and stated that he was trying to quantify how much water would actually be saved. He stated <br />that the first inspection would be held the following day, with ten additional properties coming <br />forward in the near future. He advised that staff was requesting to change the amount of sand <br />and organic mix within the topsoil requirement. He felt that this tweak to the code would allow <br />four local suppliers to meet the code requirements for topsoil. He stated that staff recommends <br />approval of the amendment and explained that the only two changes made were to the amount of <br />organic matter and sand within the topsoil. <br /> <br />Commissioner Cleveland stated that when she had moved into the City the requirement was eight <br />inches of topsoil and questioned why it would be lowered to four. <br /> <br />City Engineer Himmer stated that four to six inches was the State standard. He explained that <br />with the makeup of the topsoil they were obtaining would equal the same amount of water <br />retention as eight inches. He advised that the thickness could be changed but he was comfortable <br />with four inches. <br /> <br />Commissioner Cleveland stated that she hoped that the reason for the ordinance was to help the <br />environment and not to help a few local businesses to monopolize the market. <br /> <br />City Engineer Himmer advised that the point had been brought forward in the community and <br />explained that local businesses may have a step up. He stated that the business owner would still <br />need to go to the supplier to obtain that mix and he would not generate the type of income that <br />some have expressed concern with. <br /> <br />Commissioner Dunaway stated that this ordinance would cause a builder to go outside their <br />normal chain of suppliers. He stated that he was concerned that there is not a supplier that could <br />produce a sample required by the ordinance, which was passed three months ago. He stated that <br />he was also concerned that this could be amended tonight and then brought back with a similar <br />issue in another few months. He stated that builders may require homeowners to lay the soil <br /> <br />'Planning Commission / September 3,2009 <br />Page 5 of 10 <br />