5.7. ERMUSR 07-15-2008~~~ t -~.
Elk REQUEST FOR ACTION ~
River
To Item Number
Ci Council
Agenda Section Meeting Date Prepared by
November 13, 2007 B an Adams Elk River Utilities
Item Description Reviewed by
Black Dirt Ordinance
Reviewed by
Action Requested
Elk River Municipal Utilities recommends City Councils direct staff to develop a black dirt ordinance to
foster water conservation that contains the following principals.
1) 4 inches of black diet shall be tilled into the top approximate 8" of existing soil.
2) 4 inches of black dirt shall have the approximate following make-up by vohune
Sand - 61%
Clay - 12%
Silt - 12%
Organic - 15%
3) Areas that naturally contain this approximate soil make-up shall be classified as meeting the
black dirt policy.
4) Inspection as part of the certificate of occupancy process by building inspections.
Background/Discussion
As Elk River continues to grow, so does the demand for water. The attached Chart #1 reflects Elk
River's past and future growth trends on a daily and annual basis. Our past annual growth trend has been
in the 7% range or a new water production facility every 3 years. We currently have 7 water production
facilities with the 8`'' under construction in Twin Lakes Estates. All of our facilities utilize the Mt. Simon
Hinkley aquifer. The Minnesota Department of Natural Resources (DNR) recently increased our ground
water appropriation to 1.6 billion gallons per year and 5 additional wells. This increase should satisfy our
growth needs for the next 10 years. This increase in water appropriations is also contingent on
continuing our water conservation efforts which is the subject of this memo.
Chart #2 reflects the maximum daily and monthly water pumpage for years 2006 and 2007. Elk River's
domestic water need is in the 38 million gallons per month range or 1.26 million gallons per day. This is
approximately what the waste water plant processes daily. In the non winter months, water demand
drastically increases to 160 million gallons per month or 7 million gallons per day. This increase is due to
lawn irrigation. On an annual basis, lawn irrigation accounts for approximately 45% of our water use. Is
this a good use of a .limited resource?
The attached two articles from the September 16, 2007 Star Tribune titled "Battling Tainted Water" and
"The Pollution That Lies Beneath" very accurately explains the water situation in the metro area. Elk
River uses the Mt. Simon Hinkley aquifer as a sole source water supply. As other metro com.muruties
seek a better water supply, the Mt. Simon Hinkley aquifer will receive more withdraws in the future and
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has the potential to affect us. The DNR requires us to implement water conservation programs. We
have a social obligation to use our natural resources wisely. As we are experiencing global warming, the
change in weather patterns will increase demand for water. Being Energy City also obligates us to
promote conservation and make wise use of a limited resource.
We are proposing a black dirt ordinance with the urging of the DNR as a strategy to reduce irrigation
needs. Tilling black dirt into the native soil will help retain moisture longer in the grass root area thus
reducing irrigation needs from 10% to 25%. This also has the benefit of reducing soil compaction thus
muzimizing run off. This strategy is particularly effective in sandy soil which is prevalent in the Elk River
area.
The following communities have unplemented a black dirt ordinance.
Otsego -developers must use 6" of black dirt where the ground is sandy.
Rogers - 4" black dirt. Much of Rogers is heavy clay. They will be annexing additional areas with sandy
soil.
St. Michael/Albertville - 2" black dirt ordinance is under consideration. DNR is encouraging them to
adopt an ordinance.
Big Lake -requires 4" of black dirt for seeded lawns and 2" of black dirt under sodded areas.
Becker - re9uires 3" of black dirt by homeowner, not developer.
Ramsey - no requirements.
Monticello -requires 4" of black dirt.
Andover -requires 4" of black dirt. Winter construction developer puts money in escrow.
7unmerinan -requires 4" of black dirt.
St. Francis - 2" of black dirt.
Brooklyn Park -requires 4" of black dirt.
Blaine -requires 4" of black dirt.
Maple Grove -requires 4" of black dirt.
Stillwater -requires 4" of black dirt in boulevards only.
Northfield -requires 4" of black dirt.
Buffalo - 4" top soil.
Princeton - 4" top soil.
Coon Rapids - 2" top soil.
The above cities we surveyed, generally the city building inspection department does the inspection and
enforcement. Escrow payment is made to insure compliance. It is also interesting to note that many of
the above referenced cities include a landscaping ordinance specifying number and size of trees and
shrubs for residential lots.
Financial Impact
Tlus will cost the new home owner approximately X3,000 for an average city lot and may be difficult to
enforce. Some communities have experienced lawns not being installed due to the added cost.
Attachments
Chart #1 -Post and future growth trends.
Chart #2 - 2006 & 2007 peak day and monthly water pumpage.
September 16, 2007 Star Tribune Articles.
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ORDINANCE No. 08-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-
416(0)(5)(e) OF THE CITY CODE TO IMPOSE REQUIREMENTS FOR THE
ESTABLISHMENT OF TOP SOIL IN NEW DEVELOPMENTS.
WHEREAS, the City Council of the City of Elk River finds that excessive watering of
green spaces is a waste of valuable natural resources, unnecessarily depletes our underground
water supply, necessitates additional water infrastructure to supply and deliver water, and
increases undesirable runoff to the storm water system; and that adding topsoil and tilling the top
8" of grade after building construction is complete breaks up compacted soil from construction
activities and increases water penetration into the ground, therefore decreasing water runoff and
increasing the drought tolerance of grass cover.
NOW, THEREFORE, the City Council of the City of Elk River does hereby ordain as
follows:
SECTION 1. Section 30-416(0)(5)(e) of the City Code shall be amended to read as
follows:
(e) For all lots less than one-half acre in size, all planned green space
areas shall have 4" of top soil tilled into the upper approximate 8" of grade. For
lots greater than one-half acre in size, all disturbed areas shall have 4" of top soil
tilled into the upper approximate 8" of grade. Top soil shall meet the
requirements of MNDOT Specification 3877 "Select Topsoil" containing the
following approximate blend of materials:
Minimum Maximum
Sand 20% 70%
Clay 5% 30%
Silt 10% 70%
Organic 10% 20%
In locations where the above approximate blend of materials already exist on the
lot, as determined by an independent certified testing laboratory or with prior
approval of the Elk River building official, tilling the top 8" of grade only shall be
allowed.
Compliance with this Section 30-416(0)(5)(e) shall be documented to the
satisfaction of the Elk River Building Official, either through on-site inspection or
the submission of a Certificate of Compliance on a form approved by the Building
Official, prior to the issuance of a Certificate of Occupancy for the Property.
SECTION 2. This Ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
2008.
Attest:
Stephanie Klinzing
Mayor
Tina Allard
City Clerk
GP2348174 v]
CERTIFICATE OF COMPLIANCE FOR
ORDINANCE 08-
I owner/contractor for the building at
have installed 4" of top soil and tilled it into the top 8" of native soil per ordinance #08-
As certification that this work was completed, the following receipts are attached (check the
appropriate box).
^ Invoice for Top Soil
^ Invoice for Tilling operation
^ Invoice from Contractor doing work
^ Other