5.2. ERMUSR 05-10-2007Elk River ~-- ~
Municipal Utilities ~'
13069 Orono Parkway
Elk River, MN 55330
April 2, 2007
To: Elk River Municipal Utilities Commission
Jerry Takle
Jerry Gumphrey
Jim Tralle
From: Bryan Adams
Subject: Proposed Black Dirt Ordinance
phone: 763.441.2020
Fax: 763.441.8099
With summer approaching, water consumption will increase due to lawn sprinkling.
Please refer to the graphs in the financial section for actual values. The northwest area of
the Twin Cities including Elk River, have very sandy soil making moisture retention for
lawns very difficult. Many cities at the urging of the DNR are requiring 4" of black dirt
under lawns as a strategy to increase moisture retention and thereby conserving water.
We have surveyed the cities listed below and have received the following information.
Otsego -developers must use 6" of black dirt where the ground is sandy.
Rogers - no policy yet. Much of Rogers is heavy clay. They will be annexing
additional areas with sandy soils but will encourage developers to use
6" of black dirt.
St. Michael/Albertville - is under consideration but no policy. DNR is
encouraging them to adopt a policy.
Big Lake -requires 4" of black dirt for seeded lawns and 2"of black dirt under
sodded areas.
Becker -requires 3" of black dirt by homeowner, not developer.
Ramsey - no requirement.
Monticello -requires 4" of black dirt.
Andover -requires 4" of black dirt. Winter construction developer puts money
m escrow.
Zimmerman -requires 4" of black dirt.
Brooklyn Park -requires 4" of black dirt.
The downside of requiring black dirt under lawn areas in new developments is as follow.
1) Increase initial cost of development or construction.
2) May be somewhat difficult to enforce.
3) Because of added cost if homeowner pays directly, lawns may not be
installed. This has been an issue in some communities.
On the upside, the cities that have an ordinance indicate an approximate 10% saving in
water usage.
A proposed city ordinance would be...
Topsoil
Prior to seeding or sodding, all single-family, townhouses, condominium lots must have a
minimum of 4-inches of black dirt as topsoil, covering all areas that are to be sodded,
seeded or areas that will be landscaped beds. Black soils retain water better and reduces
the need for excessive irrigation.
Staff is asking for guidance, do you desire to pursue such an ordinance? If so it will need
to go through the planning commission and City Council. Staff recommends such an
ordinance.
Many of the above referenced cities also have a landscaping ordinance specifying number
and size of trees and shrubs for residential lots. These types of landscaping ordinance fits
well with our AC-Tree program and Energy City concept.
Memo
To: Bryan Adams, Municipal Utilities Superintendent
From: Jeremy Barnhart, Planning Manager
CC: Terry Maurer, Scott Clark, Rebecca Haug, Bob Ruprecht, Sheila Cartney
Date: April 27, 2007
Re: Proposed dirt ordinance
Thank you for allowing Community Development and Engineering staff to comment on
the proposed minimum top soil "Dirt" ordinance being contemplated by the Utilities
Commission and Staff.
We met on Tuesday, April 24 and have some comments regarding the potential ordinance.
These comments include:
1. It appears the intent is a reduction of water usage. How much reduction is
anticipated? Is there independent, supporting information available for
review?
2. Are there other options available that reduce water usage as effectively?
Water rates, education, enforced water/ sprinkling restrictions, native
grasses, etc.
3. How effective will this ordinance be when the majority of the `urban' area
has been built out and or platted?
4. There is some concern that this proposed ordinance penalizes a majority for
the few (those that water their lawns).
5. What is the difference between black dirt and top soil?
6. What is the anticipated cost for the homeowner? What is the savings? As
part of street construction projects, the City imports black dirt (top soil),
because it is not found in the City, increasing the cost.
7. Who puts the soil on, and when? Developer at Final Plat or the Builder at
CO, homeowner?
8. Enforcement, who does it?
9. The City was required to obtain a NPDES permit in 2003 and part of that
permit is to reduce the amount of run-off in to the storm sewer system. It
also requires us to infiltrate more and achieve the 1988 infiltration rates for
the City. Would this reduce the amount of infiltration and increase the
amount of run-off?
10. How will adding 4-6 inches of soil affect the approved grading plans?
11. How would the wide variety of soils and lots types, sandy and clay soils,
small lots and rural lots be dealt with?
Again, thank you for allowing us to comment on your proposed ordinance. We do have
some concern with the effectiveness of such an ordinance, and wonder if other options
should be explored before entering into an ordinance situation. Please feel free to contact
me with any questions or comments.
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