07-10-03 Fill Dirt Review Committeeminutes

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Fill Dirt Review Committee M.es- July 10, 2003 Page 3 e Chairperson Mosteit interpreted the Ordinance to allow fill dirt for low areas and holes, not to build up the entire property level. While on tour, it appears some citizens were still filling in property, when they had been asked to stop using fill dirt. Councilmember Meismer questioned if there is a penalty for violation for abuse of the Ordinance; with a response of a "yes" answer from City Manager Feazelle. Staff is to follow-up on this issue. Chairman Mosteit reminded the Committee their purpose is to determine if the Ordinance is adequate and is being complied; stating there needs to be clarification on the total number of loads that can be delivered to a property. Mr. Mosteit wants adequate time to review the Ordinance. Councilmember Meismer noted the moratorium did not cause citizens not to get dirt; abuses of citizens not complying with the Ordinance contributed to the decision on the moratorium. An additional Ordinance may be necessary for filling holes and low areas; and another Ordinance for larger pieces of property needing an Engineering Study, if it changes topographical lay of the land. If the Ordinance were revised, Committee Member Beasley would like to include silting language, including seeing vegetation within a certain amount of time, to avoid silting. Chairman Mosteit recommends Staff research whether or not the City should have an environmental test done on the fill dirt; questioning whether or not the County recently tested the dirt; with Assistant City Manager John Joerns informing the Committee he was certain the dirt had been tested. City Manager Feazelle questioned if the City's Ordinance should include parameters or ratios based on the property size. Chairman Mosteit noted if we allow fill dirt, we should increase the capacity of drainage and protect those citizens who are unable to raise their property levels. Councilmember Meismer stated the property owner should be responsible for determining impact and provide staff with information they can review. Mr. Meismer requested Staff to determine how larger cities handle their fill dirt issue. Chairman Mosteit noted the moratorium could be stopped at any time; the moratorium does not have to last a complete 180 days. Committee Member Engelken suggested the Committee review the Ordinance section by section at the next meeting. Staff was directed to research what would constitute a qualified plan and make suggestions on changes needed to the current ordinance. The Committee will brief City Council at the next Council Meeting. The Committee will meet again on Friday, July 18, at 5:30 p.m.; the Committee will provide a brief presentation at the Monday, July 21, City Council Workshop Meeting and tentatively plan to provide recommendation to City Council at the Monday, July 28, City Council Meeting.