Signs point to a CR topsoil ordinance

Back in September, when a Cedar Rapids City Council committee commenced a 60-day process crafting an ordinance directing topsoil restoration on finished building sites, a part of me was skeptical it would come together.

That's probably because I had just spent the better part of two years watching state-level soil shenanigans. A state rule requiring the replacement of at least four inches of topsoil, where soil existed previously, was rewritten by central Iowa homebuilders largely behind closed doors. The Environmental Protection Commission and state lawmakers rubber-stamped a new, vague rule that basically allows builders to put topsoil wherever it's most convenient and profitable.

The common good was no match for the special favor. Topsoil soaks up water, unlike the compacted clay construction crews too often leave behind, with sod perched on top. Soaking up water mitigates flooding and improves water quality. Scraping it away increases runoff, increasing the severity of flooding and lowering water quality, not to mention leaving homeowners with a lousy yard.

Hundreds of Iowans spoke out against a change sought by a handful of building interests. And it didn't matter. Cue the bulldozers.

But, fortunately, local governments are free to enact stricter standards than the state. And in September, council member Scott Olson and his three-member Infrastructure Committee, vowed to do just that.

Sounds great. But this is a city where builders and developers have plenty of friends in city hall. What would September's promise look like in November? What would happen behind the scenes?

Well, November is here. On Tuesday afternoon, the Infrastructure Committee is scheduled to take up the issue once again. And all signs, as of this moment, point toward eventual city council passage of a good, environmentally responsible soil quality ordinance modeled after similar laws in Coralville, North Liberty and Cedar Falls.

Olson and city staff met with the Cedar Rapids Homebuilders Association Developer's Council this past week to discuss the soil ordinance. The developer's council formed a committee to study the issue and has been in contact with city staff. But, apparently, the drive to curtail runoff has not been watered down.

'The point I emphasized to the committee is that we will be adopting, the infrastructure committee is and I think the city council will support, a topsoil ordinance, as long as its flexible, which this one is,” Olson said. 'And, No. 2, it will have, hopefully, a very positive impact on future potential flooding.

'I'm pretty excited about the fact it's moving forward. Some developers thought it was going too fast. But at the end of the meeting, they all understood the importance of how this impacts the flash-flooding plan,” said Olson, a longtime commercial Realtor with strong ties to the development community.

At its core, the draft rule requires a 'soil quality plan” for every development, residential or commercial. Under a soil quality plan, builders must choose from eight options established in the Iowa Stormwater Management Manual for replacing existing topsoil or spreading some other mix of rain-absorbing organic materials, such as compost. The soil or mix must be distributed in a 'uniform and uncompacted manner” on finished lots. City officials would inspect and certify a soil plan is carried out.

The soil rule will fit nicely into the city's effort to craft its first-ever comprehensive stormwater plan, intended to address flash flooding and other runoff issues dating back decades. The plan calls for tens of millions of dollars to cover backlogged storm sewer projects, along with preventive measures.

'On the whole, I think it's been a cooperative environment,” said Jon Durst, the city's sewer superintendent, who met with builders, watershed authorities and other stakeholders over the last two months as the soil ordinance took shape. 'As a whole, the builder/developer community has been cooperative.”

Randy Dostal, president of the homebuilders association, agrees.

'There are several options that are palatable,” said Dostal, whose Thomas Dostal Developers builds 30 to 40 homes each year. 'It will raise the price of an average home. And that's something we're not really for, but it's something that the community says it wants, so we'll see if they'll pay for it.

'We're actually working very hard to work with the city. It's not us vs. them,” Dostal said.

Olson said he expects his committee to recommend passage of the ordinance, followed by a public hearing and a full city council vote likely in December. Durst says there may be minor changes, but he expects the ordinance's basic 'bones” to remain intact.

That's very good news. Olson and others appear determined to do the right thing. But this is government. It can get messy. There are no sure things. Cooperation aside, there are builders and developers who oppose the change and will register those complaints. It could be several weeks before the council acts, which leaves plenty of time for momentum to shift.

So if you care about this issue, be sure to be heard. Contact your council member. Show up at meetings. Tell your story. Tuesday's meeting is at 4 p.m. at the City Services Center, a.k.a the new public works building.

That skeptical part of me is shrinking, but it's still on a sharp lookout for bulldozers.

l Comments: (319) 398-8452; todd.dorman@thegazette.com