Agenda - Council - 01/12/2010 - Laserfiche WebLink

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CASE # t-J, 0 Y ADOPT ORDINANCE AMENDING CHAPTER 9 OF CITY CODE, RELA TED 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 April 28, 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 and paving, 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 un decomposed organic matter tltat is a suitablefoundationfor vegetative growtlt. Tlte composition of tlte topsoil sltall include a well balanced medium consisting of tlte following: o A maximum sand/silt content of 20% o A minimum organic content of 35% 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, Staff contacted several local suppliers and requested a sample of the material they market for potential inclusion on a list distributed to builders and contractors at the time a building permit is issued. Currently only one (1) sample submitted would meet the existing definition of topsoil; however that sample was submitted last year and is no longer available. Observations: Staff was concerned with the lack of suppliers and material that meets the current ordinance so this item was again discussed by the Public Works Committee on July 21,2009, The direction from that meeting was to amend the topsoil definition within City Code Section 9.02 (Definitions) 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"). . Whether there were adequate sources of material available that would meet the City's specification.