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<br />After much deliberation the Planning Commission motioned to approve the proposed changes. <br />Following that meeting staff continued working with a local organic soil distributor and <br />discovered that the testing criteria used to certify the samples was slightly flawed, The problem <br />that exists is that standard sampling and testing protocols for topsoil are conducted by weight, <br />and all the previous discussions on this topic focused on a volumetric basis. <br /> <br />This item was brought before the City Council on September 22, 2009 to introduce an ordinance <br />amendment related to the definition of topsoil. Council did introduce the ordinance amendment <br />that evening but requested that staff continue investigating options for improvement, with the <br />understanding that water conservation was the ultimate goal. <br /> <br />While it would be possible to change the existing definition of topsoil to more accurately reflect <br />the intent of the ordinance (volume basis), it would be much more difficult to gather accurate <br />reproducible test results. There is no widely accepted volume-based topsoil test, and therefore <br />staff would be required to conduct a "jar test" for every sample submitted to determine <br />compliance. This would be extremely onerous (particularly when the housing market rebounds) <br />and somewhat subjective; and it has always been staffs intention to present clear direction to <br />builders/developers and eliminate as much subjectivity as possible. <br /> <br />It should be noted that due to the recent recodification that went into effect on January 1, 2010' <br />th~ chapter numbering will have to be modified appropriately, but since this was first introduced <br />under the old system staff carried the previous numbering system forward for easier tracking. <br /> <br />Funding Source: <br /> <br />City Code amendments are processed with Staff time. <br /> <br />Recommendation: <br /> <br />Staff is recommending the following change to the detinition of topsoil within City Code Section <br />9,02 (Definitions): <br /> <br />Topsoil: Black dirt composed of unconsolidated material, largely undecomposed organic matter <br />that is a suitable foundation for vegetative growth, The composition of the topsoil shall include <br />a well balanced medium consistent with the requirements of Table 3877-3 in MnDOT <br />Specification 3877C (Premium Topsoil Borrow), and a copy of said table will be on file at the <br />City offices. <br /> <br />Council Action: <br /> <br />Motion to waive the reading and adopt Ordinance #10-_, amending the definition of topsoil in <br />City Code Section 9.02 (Definitions) to read as follows: <br /> <br />Topsoil: Black dirt composed of unconsolidated material, largely undecomposed organic matter <br />that is a suitable foundation for vegetative growth, The composition of the topsoil shall include <br />a well balanced medium consistent with the requirements of Table 3877-3 in MnDOT <br />Specification 3877C (Premium Topsoil Borrow), and a copy of said table will be on file at the <br />City offices. <br />