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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2012 - SECOND READING OF ORDINANCE NO. 125, 2012 AMENDINGDATE: November 20, 2012 STAFF: Jon Haukaas, Ken Sampley Mark Kempton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Second Reading of Ordinance No. 125, 2012 Amending Section 26-543 of the City Code to Update the Stormwater Master Drainage Plans to Include Basin-Specific Water Quality Best Management Practices and Stream Restoration. EXECUTIVE SUMMARY The City of Fort Collins’ Stormwater Master Plan has been updated to include stormwater quality and stream restoration projects, alongside the already identified stormwater flood control projects. This Ordinance, unanimously adopted on First Reading on November 6, 2012, incorporates basin-specific water quality best management practices and stream restoration and stability improvements in the form of updates to the existing City drainage master plan to promote the purposes of the Stormwater Utility and advance the holistic and integrated management of stormwater in Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - November 6, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: November 6, 2012 STAFF: Jon Haukaas, Ken Sampley Mark Kempton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 125, 2012 Amending Section 26-543 of the City Code to Update the Stormwater Master Drainage Plans to Include Basin-Specific Water Quality Best Management Practices and Stream Restoration. EXECUTIVE SUMMARY The City of Fort Collins’ Stormwater Master Plan has been updated to include stormwater quality and stream restoration projects, alongside the already identified stormwater flood control projects. The Master Plan update utilizes results and information obtained from the Stormwater Utility Repurposing program in conjunction with basin and stream specific recommendations obtained from the following two program efforts: A. Basin-Specific Stormwater Quality Best Management Practices (BMP) Selected Plans; and, B. Stream Restoration and Stability Study and Prioritization with the Multi Criteria Decision Analysis (MCDA) Tool. The BMP Selected Plans include recommendations for the treatment of stormwater within portions of the City that developed prior to the adoption of stormwater quality criteria. The majority of the BMP projects include the retrofit of existing stormwater detention ponds to include water quality treatment facilities. Funding for the construction of the identified BMP and stream restoration projects will be drawn from existing stormwater fees. This funding request is included in the current 2013/2014 Budgeting for Outcomes (BFO) process for Environmental Health. BACKGROUND / DISCUSSION The City of Fort Collins updated the Stormwater Master Plans and 100-Year event Floodplain Maps for each of the City’s thirteen (13) drainage basins after the devastating 1997 flood. The Stormwater Drainage Basin Master Plan (a combination of separately completed master plans for all 13 drainage basins), approved by City Council in June 2004, describes the flooding history of each basin, identifies potential problem areas and recommends improvements. The Master Plan: • Recommends cost-effective projects to remove properties from floodplains, reduce risk and reduce street flooding; • Offers guidance for new development in the basins; • Identifies approaches to enhance riparian habitat along stream corridors and improve water quality; and, • Offers broad guidance to stabilize streams where necessary. In 2008, Council directed staff to review the purpose and components of the City’s Stormwater Program. Staff organized the Stormwater Utility Repurposing program review into 14 major components as outlined below: A. Stormwater Purpose Statement B. Best Management Practices (BMP) Policy Update C. Stormwater Criteria Update D. Detention Pond Construction / Landscape Guidelines E. Stormwater Quality GIS Coverage F. Low Impact Development (LID) Demonstration Projects G. LID Policy Review H. Stormwater Quality Sampling Review I. City-Owned BMP Review J. Home Owners Association (HOA) Assistance Program K. Level of Protection Policy L. Rates COPY COPY COPY COPY November 6, 2012 -2- ITEM 20 M. Floodplain Regulations N. Urban Stream Health Assessment Information and results from these major components were utilized to update the Stormwater Master Plans to address storm water quality considerations and to include stream restoration and stability projects that will protect the City’s urban watersheds, and preserve the natural and beneficial functions of floodplains. The purpose of the Master Plan Update is not to re-evaluate the previously-identified flood control capital improvement projects; but, to identify areas where storm water quality and stream improvements are necessary and identify where they may be incorporated into existing or future flood-control projects. Studies and Results 1. Basin-Specific Stormwater Quality BMP Selected Plans In 2011, the Utilities Stormwater Division contracted with three local engineering consultants to prepare basin-specific water quality Best Management Practices (BMP) selected plans for ten of the City’s master drainage basins: Spring Creek Dry Creek Fox Meadows Old Town Mail Creek Canal Importation Fossil Creek West Vine Foothills McClelland’s Creek Boxelder Creek and Cooper Slough were preliminarily evaluated, then removed from further analysis since the majority of these basins are currently undeveloped; they exceed the goal of at least 40% of undeveloped/BMP coverage land. Future development within the two basins will be required to install water quality BMP facilities in accordance with City stormwater criteria. The 40% coverage goal was obtained from the Urban Stream Health Assessment study, performed by CSU in 2010. In all basins, the stormwater quality BMPs were analyzed and sited to meet or exceed the recommended 40% coverage goal. In order to complete the basin-specific BMP selected plans, the following work was performed: • Hydrologic model updates (to include significant urban development since 2002) • Hydrologic sensitivity analyses • Conceptual water quality BMPs • Alternative analysis of BMPs • Triple Bottom Line (TBL) analysis of the BMP alternatives • Draft Selected Plans • Public outreach process • Stream Restoration MCDA Prioritization • Final Selected Plan. Exhibits of the proposed stormwater quality BMP improvements for each of the ten drainage basins are included as Attachment 1. A map for the Boxelder Creek/Cooper Slough basin is also included to display the proposed stream restoration reaches within the basin. The majority of the BMP improvements consist of retrofitting existing stormwater detention ponds to include water quality treatment. Other BMPs include in-pipe mechanical BMPs, and irrigation ditch relocations. Typical pond retrofits include adding new water quality outlets to existing ponds; excavating the sides of existing ponds to achieve additional water quality volume; moving, replanting, or planting new trees; along with close coordination with neighboring properties. 2. Stream Restoration/Stability Study and Prioritization of Stream Restoration Projects In 2011, a study conducted by Colorado State University, on behalf of the Fort Collins Stormwater Division, was authorized to help prioritize future stream management and rehabilitation work within the City. Assessments (including field work) were completed between June and October of 2011. The study built upon work completed previously in the Urban Stream Health Assessment Study and specifically investigated the following ten stream sections within the city limits of Fort Collins: COPY COPY COPY COPY November 6, 2012 -3- ITEM 20 Burns Tributary Clearview Channel Foothills Creek Fossil Creek Langs Gulch Mail Creek McClellands Creek Spring Creek Stanton Creek Boxelder Creek (downstream of Vine Drive) The study provided detailed habitat, susceptibility, and baseline geomorphic data for roughly 17 miles of channels across ten streams. The objectives of the study were to: • Perform a geomorphic assessment on a segment-by-segment basis of the ten streams listed above to determine channel evolution stage, channel susceptibility to vertical and lateral erosion, and stream habitat condition; • Use the resulting data to identify geomorphic thresholds that sustain meandering channels and other heterogeneous physical habitats and use this information to assess candidate restoration reaches; and, • Identify and prioritize future stream management and rehabilitation work through the development of a Multi- Criterion Decision Analysis (MCDA) matrix that can be used to select projects that simultaneously improve habitat, reduce susceptibility, and provide the geomorphic conditions that sustain diverse and stable channels. - Issues identified within the study include obstacles to fish passage caused by irrigation diversion structures, dams, and rock grade control structures, which are usually in place to protect existing infrastructure. Other identified issues include severe bank erosion which contributes to poor water quality, unsafe areas for the public, threats to infrastructure such as sewer lines, and the loss of property to the stream. Irrigation flows conveyed through the many of the City’s streams contribute to the bank erosion through sustained, unvarying flows. These irrigation flows also affect the frequency of flows in the streams, negatively affecting aquatic and riparian habitats. 2a. Multi Criteria Decision Analysis (MCDA) Tool Prioritization of Stream Restoration Projects and associated BMP Installations A MCDA framework for prioritizing stream rehabilitation projects was completed to target areas where the greatest opportunities exist for simultaneously improving habitat and connectivity while stabilizing high-risk, erosion-susceptible reaches. The four major criteria for MCDA scoring were: • Environmental Benefit • Economics • Social Value • Erosion Potential Based upon Triple Bottom Line (TBL) principles, all criteria were given equal weight within the MCDA tool. The MCDA sub-criteria, weights, and reach scores were developed by a multi-discipline team consisting of staff from several City Departments including Utilities, Natural Areas, Environmental Sustainability, and Environmental Planning. A member of the public, representing the Natural Resources Advisory Board also participated in the MCDA tool completion process. The completed MCDA Tool is included as Attachment 2 to this AIS. The stream prioritization results also include the tributary stormwater BMPs that link to the appropriate downstream stream restoration reach. The goal of the stream restoration projects is to restore the City’s streams to a natural state, or as natural state as possible, given the constraints of the urban setting in which they occur. The restoration will be achieved by stopping and repairing stream bank erosion, removing obstacles to fish passage such as grade controls, ensuring good stormwater quality, re-vegetating stream banks, and promoting good stream and watershed management practices. Future stream restoration and stormwater quality BMPs will be implemented according to the project ranking within the finalized MCDA Tool. Projects will be analyzed and designed using the same multi-disciplinary approach utilized in the completion of the MCDA Tool, with input from affected property owners being a crucial part of the design, construction, and maintenance of several of the stream restoration and BMP projects. COPY COPY COPY COPY November 6, 2012 -4- ITEM 20 FINANCIAL / ECONOMIC IMPACTS Based upon input from Council at the April 24, 2012 Work Session, a percentage of current stormwater fees will be used to fund the completion of the identified stormwater quality BMP and stream restoration projects. Beginning in 2013, Stormwater Capital Improvement Project (CIP) funding will be allocated into separate sub-categories in accordance with the following percentages (dollar amounts to be rounded): • 16% Stream restoration and stormwater quality BMPs • 20% Opportunity fund to address unforeseen projects such as development related storm sewers, or cash matches with government entities (i.e. West Vine Basin Stormwater Improvements with Larimer County) • 64% Flood control capital improvement projects (previously 100% of funds) Accordingly, to achieve the goals of the Stormwater Master Plan, Fort Collins Utilities has submitted a $650,000 per year Budgeting for Outcomes (BFO) offer for stream restoration/stormwater quality in the 2013/2014 budget process. It should be noted that there is no proposed increase in stormwater fees to construct these additional projects. Staff will continue to investigate additional funding sources such as the utilization of the Natural Resources Department Stream Rehabilitation Funds identified in the 2010 Keep Fort Collins Great Sales Tax package ($250,000 per year); applying for various grant programs such as the Colorado Healthy Rivers Grant Fund, or the EPA Small Watershed Grant Program. Estimated ranges of project costs* for stream restoration and stormwater quality BMPs in the City’s streams and basins are as follows: Boxelder Creek (Stream only) $1,117,800 to $2,353,500 Canal Importation Basin (Stream and BMP) $1,586,000 to $1,816,000 Dry Creek Basin (Stream and BMP) $2,976,900 to $5,111,900 Foothills Creek Basin (Stream and BMP) $2,922,000 to $3,777,000 Fossil Creek Basin (Stream and BMP) $20,605,800 to $26,153,500 Fox Meadows Basin (BMP only) $808,200 Mail Creek (Stream and BMP) $4,837,200 McClellands Creek Basin (Stream and BMP) $5,380,400 to $9,679,900 Old Town Basin (BMP only) $1,539,100 Spring Creek Basin (Stream and BMP) $7,648,700 to $10,157,600 West Vine Basin (Stream and BMP) $2,835,300 to $4,144,700 Total costs range from: $52,257,400 to $70,378,500 * Upper cost ranges are based upon a per linear foot construction cost. Cost ranges are presented due to the fact that not all stream restoration work requires capital construction. Several stream reaches may be rehabilitated through minor construction and watershed/vegetation management. ENVIRONMENTAL IMPACTS The health of the City’s physical environment will be positively affected as a result of the Master Plan Update. Water quality throughout the City will be greatly improved, while several of the eroding banks within the City’s waterways will be repaired and stabilized. Wildlife habitat will be improved and new riparian habitat will be planted along the streams. Impediments to the passage of fish throughout the streams will be removed, allowing for a greater number and diversity of aquatic species along the streams. Excessive sediment and pollutants will be removed from the streams as a result of the installation of new stormwater quality BMPs in basins that currently have no stormwater quality treatment. The projects in the Plan will also serve to protect existing infrastructures such as sanitary sewers, preventing potential sewage spills in the City’s natural streams. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. COPY COPY COPY COPY November 6, 2012 -5- ITEM 20 BOARD / COMMISSION RECOMMENDATION The Master Plan Update was presented to boards and City Council on previous occasions. They include: 1. Water Board – January 19, 2012 2. Natural Resources Advisory Board (NRAB) - February 22, 2012 3. Water Board – April 19, 2012 4. City Council Work Session – April 24, 2012 5. NRAB – September 19, 2012 6. Water Board – September 20, 2012 The Stormwater Master Plan Update was presented to both the NRAB and the Water Board on September 19 and September 20, 2012, respectively. The Plan Update was unanimously recommended for adoption by both Boards. Draft minutes from both meetings are included as Attachments 3 and 4. PUBLIC OUTREACH The public outreach process for the Stormwater Master Plan Update has been ongoing since June 2011, and has included the following elements: • Basin-specific focus group meetings for affected stakeholders such as CSU, Poudre School District, home owners associations (HOA), various City departments, and the Downtown Development Authority. • Website explaining the Master Plan Update – fcgov.com/stormwater-plan - 170 unique hits as of September 25. • Article in the City News flyer – included in Utility Bills to all Utilities customers directing customers to the Master Plan website • Booth at the New West Fest – direct contact with over 250 people, with several thousand people stopping to look at the booth signage • Online survey of 674 citizens about general stormwater issues within the City, including water quality and stream restoration • Facebook update directing City followers to the Master Plan website • Twitter update directing City followers to the Master Plan website The conceptual BMP alternatives were presented for initial public review and input through a series of Focus Group meetings in summer 2011. Representatives from City departments, homeowners associations, management companies for existing BMP facilities, large businesses and institutions (i.e., Colorado State University), and interested citizen groups (i.e., Save the Poudre). The future public outreach process for the individual stormwater quality and stream restoration projects identified in the Master Plan Update will include the following elements; • Project-specific meetings and/or Open Houses for affected stakeholders such as HOAs, individual property owners, City departments, and interested organizations • Website explaining the individual project, the project schedule, and ways for the public to provide feedback and comments • Mailers to potentially affected stakeholders informing them of Open House times and topics • Ongoing social media updates The projects will be presented and discussed with all affected parties through a collaborative outreach process where all participants will be allowed the opportunity to provide meaningful feedback and potentially affect the final design of the project. A Public Engagement Plan, which details the current and ongoing outreach process for the update and for future projects, is included as Attachment 5. The Public Engagement Plan was submitted to City Council for review in June 2012. In an online Stormwater survey conducted by Fort Collins Utilities in August 2012, over 90% of the 674 respondents indicated that protecting and improving water quality is important to them. The reduction of pollutants in stormwater runoff was ranked second in importance only second to maintaining existing stormwater infrastructure. 75% of COPY COPY COPY COPY November 6, 2012 -6- ITEM 20 respondents also felt that the City’s streams have become more polluted over the last 20 years. Fort Collins Utilities will use the results of the survey to guide and inform our future public outreach efforts regarding the specific projects identified within the Master Plan Update. ATTACHMENTS 1. Stormwater Quality and Stream Restoration Selected Plans for 11 Drainage Basins 2. Stream Rehabilitation Project Prioritization Results (MCDA Tool) 3. Excerpt from Draft Water Board Meeting Minutes 4. Draft Natural Resources Advisory Board Meeting Minutes 5. Public Engagement Plan ORDINANCE NO. 125, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-543 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE STORMWATER MASTER DRAINAGE PLANS TO INCLUDE BASIN-SPECIFIC WATER QUALITY BEST MANAGEMENT PRACTICES AND STREAM RESTORATION WHEREAS, Section 26-543 of the City Code adopted a master drainage plan for drainage basins in and affecting the City, to be used as the basis for City storm drainage capital improvements planning and determinations related to storm drainage impacts and requirements for developments in the city; and WHEREAS, on April 6, 2010, the City Council adopted on second reading Ordinance No. 030, 2010, amending Section 26-492 of the City Code so as to declare that the purpose of the City Stormwater Utility is to provide an integrated, sustainable stormwater management program that reflects the community’s values of protecting and restoring the City’s watersheds, including the Cache la Poudre River and its tributaries; and WHEREAS, the environmental benefits identified in Section 26-492 include preserving the natural and beneficial functions of floodplains, enhancing stormwater quality, and preserving riparian habitat; and WHEREAS, in order to identify areas in which stormwater quality and stream improvements are needed to promote these benefits, and identify opportunities to incorporate such improvements into existing and future flood control projects, City staff has completed extensive analysis and assessment of these concerns in cooperation with Colorado State University; and WHEREAS, based on such review, staff has prepared for Council consideration basin- specific water quality best management practices and stream restoration and stability improvements in the form of updates to the existing City drainage master plan (the “2012 Updates”), and WHEREAS, the conceptual basis for the 2012 Updates was presented to the Council for consideration at its work session on April 24, 2012, and staff has incorporated the input provided by the Council at that time in the 2012 Updates; and WHEREAS, the 2012 Updates were presented to the Natural Resources Advisory Board (“NRAB”) on September 19, 2012, and at that time the NRAB voted unanimously to recommend that the Council adopt them; and WHEREAS, the 2012 Updates were also presented to the Water Board on September 20, 2012, and at that time the Water Board voted unanimously to recommend that the Council adopt them; and WHEREAS, the Council has determined that the adoption and implementation of the 2012 Updates will promote the purposes of the Stormwater Utility and advance the holistic and integrated management of stormwater in Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 26-543(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-543. Master drainage plans. (a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the City: (1) Boxelder Creek/Cooper Slough Basin: a.. Boxelder/Cooper Slough Basin, prepared by Anderson Consulting Engineers, Inc., dated December 2002 and revised November 2003; b. Boxelder Regional Stormwater Master Plan, prepared by PBS&J, Inc., dated October 2006; and c. Stormwater Quality and Stream Restoration Update to the Boxelder Creek/Cooper Slough Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012. (2) Cache la Poudre River Basin: a. Cache la Poudre River Master Drainageway Plan, prepared by Ayres Associates, Inc., dated August 2001. (3) Canal Importation Basin: a. Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated April 2001; and b. Stormwater Quality and Stream Restoration Update to the Canal Importation Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012. (4) Dry Creek Basin: a. Dry Creek Master Plan, prepared by URS Corporation, Inc., dated December 2002; b. Stormwater Quality and Stream Restoration Update to the Dry Creek Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012. (5) Foothills Basin: a. Foothills Basin, prepared by URS Corporation, Inc., dated April 2003; and b. Stormwater Quality and Stream Restoration Update to the Foothills Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012. -2- (6) Fossil Creek Basin: a. Fossil Creek Drainage Basin Master Drainageway Planning Restudy, prepared by ICON Engineering, Inc., dated February 2003; and b. Stormwater Quality and Stream Restoration Update to the Fossil Creek Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012. (7) Fox Meadows Basin: a. Fox Meadows Basin Drainage Master Plan Update, prepared by ICON Engineering, Inc., dated December 2002 and revised February 2003; and b. Stormwater Quality and Stream Restoration Update to the Fox Meadows Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012. (8) Mail Creek Basin: a. Mail Creek Master Plan, prepared by URS Corporation, Inc., dated April 2003; and b. Stormwater Quality and Stream Restoration Update to the Mail Creek Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012. (9) McClellands Creek Basin: a. McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated November 2000 and revised March 2003; b. East Harmony Portion of McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated August 1999 and revised July 2001; and c. Stormwater Quality and Stream Restoration Update to the McClellands Creek Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012. (10) Old Town Basin: a. Old Town Basin Master Drainage Plan, prepared by Anderson Engineering Consultants, Inc., dated September 2003; and b. Stormwater Quality and Stream Restoration Update to the Old Town Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012. (11) Spring Creek Basin: a. Spring Creek Basin Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated June 2003; and -3- b. Stormwater Quality and Stream Restoration Update to the Spring Creek Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012. (12) West Vine Basin: a. West Vine Master Plan, prepared by URS Corporation Inc., dated November 2002; and b. Stormwater Quality and Stream Restoration Update to the West Vine Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4-