Purpose:
The purpose of this case is to adopt Ordinance #14-09 amending City Code Chapter 117, Article II, Division 6 (Performance Standards), Subdivision II (Stormwater Pollution Control).
 
The proposed amendments address new stormwater management requirements recently adopted by the Lower Rum River Watershed Management Organization including the incorporation of Atlas 14 precipitation data and revised stormwater infiltration requirements, as well as revisions required by the Minnesota Pollution Control Agency per their 2013 reissued General Construction Stormwater Permit and Municipal Separate Small Stormsewer System (MS4) Permit.

Background:
The City of Ramsey and the Lower Rum River Watershed Management Organization (LRRWMO) previously applied precipitation data values from Technical Paper 40 (1961) and Hydro-35 (1977) to design and model stormwater infrastructure including culverts, drainage ditches, ponds, and storm sewers. However, in recent years it was observed that this data was no longer representative of the actual precipitation being experienced in Minnesota and other states. Therefore, the National Oceanic and Atmospheric Administration (NOAA) worked with the Federal Highway Administration (FHWA) and ten pooled fund states in the Midwest to develop updated precipitation data, subsequently named Atlas 14, Volume 8, which was recently adopted by the LRRWMO as its precipitation standard. Now, the City of Ramsey must also adopt Atlas 14 precipitation data for our drainage design standards as specified in the City’s stormwater management codes, permits, plans, and ordinances.

Precipitation data developed through Atlas 14 incorporates a much greater sampling size generated over a 50 year period. While precipitation data from Atlas 14 is greater in some areas, it is also less in others. In one example, the precipitation amount referenced in TP-40 for the 24 hour, 100-year event in Ramsey is about 6 inches, while the 24 hour, 100-year event generates a little more than 7 inches of precipitation in Ramsey according to Atlas 14. Additional information on Atlas 14 is available at NOAA’s web site at http://hdsc.nws.noaa.gov/hdsc/pfds/.

Regarding the proposed stormwater infiltration amendments, the City’s current stormwater management codes, permits, plans, and ordinances discourage infiltration within Drinking Water Supply Management Areas (DWSMA). Staff proposes to amend all such language to discourage infiltration only within delineated 10 year capture zones. Attached are two exhibits that show the City's east and west DWSMA’s and associated delineated 10-year capture zones for each of the City’s 8 public water supply wells.  Two (2) of the wells are within the east DWSMA, and the other 6 are within the west DWSMA. Per the west DWSMA exhibit, which encompasses most of The COR, numerous lined and unlined ponds, infiltration raingardens, underground infiltration practices, and wetlands exist in this area. As can be seen, numerous infiltration practices exist within 10-year capture zones including an unlined pond, 2 underground infiltration basins, and 2 raingardens. These will likely need to be addressed in the near future. However, there are also numerous other infiltration practices that exist in areas outside the 10--year capture zones but inside the DWSMA boundary that violate our current stormwater management codes, permits, plans, and ordinances, but would be allowed to remain as is if the proposed ordinance amendments are adopted. Therefore, not only will the proposed amendments save the City money, they will also allow for additional stormwater infiltration practices within the City’s two DWSMA’s thereby allowing greater flexibility for recharging the groundwater aquifers.

It is important to note that DWSMA boundaries are subjectively created by drawing lines along geographical features such as rivers, streets, section lines, and parcel lines to encompass the scientifically delineated 10-year capture zone boundaries. The 10-year capture zone boundaries are delineated scientifically to identify specific areas in which stormwater runoff is able to infiltrate through the ground within a period of 10 years or less to reach the aquifer that the wellhead is located within.  The 10-year capture zone is therefore the more critical and realistic boundary that should be used for limiting infiltration practices to protect the City’s wellheads.

The Planning Commission conducted a Public Hearing for the proposed amendments on August 7, 2014, and Ordinance #14-09 was introduced at the August 26, 2014 City Council meeting.

No other notifications are required.

Observations:
Attached is the final draft version of Ordinance #14-09 containing the proposed amendments to Chapter 117, Article II, Division 6, Subdivision II.

The Public Works Committee considered the proposed amendments on June 17, 2014 and recommended City Council approval of Ordinance #14-09.

The Environmental Policy Board considered the proposed amendments on August 4, 2014 and also recommended City Council approval of Ordinance #14-09.

The Planning Commission conducted a Public Hearing on August 7, 2014 regarding the proposed ordinance amendments and received no written or verbal comments, after which the Planning Commission recommended City Council approval of Ordinance #14-09.

The City Council approved introducing Ordinance #14-09 on August 26, 2014.
 
Amendments were last made to the Stormwater Pollution Control Ordinance in 2013, and while the amendments are effective they have yet to be codified online through MuniCode.  Some numbering differences therefore exist between the attached draft ordinance and the ordinance currently shown on MuniCode but these differences will be reconciled for accuracy following Council adoption of Ordinance #14-09.  The content of the amendments will however not be affected.

Alternatives:
Alternative Actions:
 

1. Motion to adopt Ordinance #14-09 amending City Code Chapter 117, Article II, Division 6 (Performance Standards), Subdivision II (Stormwater Pollution Control).  This action would result in a slight increase in costs for private development and public improvement projects.

 

2. Motion denying adoption of Ordinance #14-09 at this time.  This action would result in the City’s stormwater management codes, permits, plans, and ordinances remaining unchanged so the City would fall out of compliance with our current stormwater permits and our stormwater regulating agencies, the LRRWMO and MPCA, would deny future stormwater permits for public improvement projects and private development projects.

The Public Works Committee, Environmental Policy Board, and Planning Commission all recommended City Council approval of Ordinance #14-09 amending City Code Chapter 117, Article II, Division 6 - Performance Standards, Subdivision II. - Stormwater Pollution Control.  City Staff also recommends approval to remain in compliance with our stormwater regulating agencies.

Motion to waive the City Charter requirement to read the ordinance aloud;
 
-AND-
 
Motion to adopt Ordinance #14-09 amending City Code Chapter 117, Article II, Division 6 (Performance Standards), Subdivision II (Stormwater Pollution Control).
 
Roll Call Vote:
Councilmember Kuzma
Councilmember Riley
Councilmember LeTourneau
Councilmember Johns
Councilmember Backous
Councilmember Tossey
Mayor Strommen