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Case File: OA 08-06 <br />Page 2 <br />Financial Impact <br />Additional personnel costs, undetermined <br />Attachments <br />Draft ordinance <br />• Staff memo dated Apri126, 2007 <br />Overview <br />The ordinance would apply city-wide. <br />Dirt Ordinance <br />July 8, 2008 <br />Analysis <br />Staff recognizes the importance of water conservation. Clearly a paradigm shift is necessary to <br />effective measurable change. <br />Though supportive of the goal, Staff is concerned that the proposed ordinance may not truly be <br />effective in reducing water usage, will cause unreasonable enforcement demands, and place <br />unknown financial and time burdens on a relatively few effected property owners. <br />Concern #1: Undetermined actual water reduction -The majority of the city's urban services have <br />been developed. Based on a review of the zoning map, as much as 80 to 85% of the City's urban <br />service area (the area to be served by City water and sewer) is built out. The ordinance requires 4-6 <br />inches of top soil on these lots. The top soil will retain water longer than the sand prevalent <br />throughout much of the city. The concern is that only 20% of the urban service area will be <br />required to import top soil, and the cost to administer the ordinance does not appear out weigh the <br />benefits provided to the city. Additionally, the ordinance applies throughout the City, even those <br />lots outside city services/ <br />Concern #2: Enforceability -Staff has genuine concerns related to enforceability. Staff is <br />researching enforcement programs, but it appears that a staff person would need to be on site when <br />the soil is delivered, (to verify mix ratio), spread (to verify depth), and tilled, to verify depth into <br />existing ground. These three inspections add up in staff time, and prevent a homeowner from doing <br />this work on a weekend. The ordinance suggests a certificate system where the property owner <br />would sign a statement saying that adequate top soil has been provided and tilled into the ground. <br />Concern #3: Cost -Staff is unsure of the cost to the homeowner. Affected lots would range in size <br />from 8000 square foot residential lots to multiple-acre industrial sites. Importing, spreading, and <br />tilling top soil has been estimated at $3,000 for the average city lot (12,000 sq ft), <br />Action Motion by Second Uy Vote <br />Follow Up <br />S:\PLANNING MAIN\Case Files\OA\OA 08-OG Black Dirt\Staff report dirt ord -Revised DH.doc <br />