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HomeMy WebLinkAboutJune Minutes 06-17-2021 June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 1 of 6 STORM WATER UTILITY APPEALS BOARD Minutes June 17, 2021 7:30 am (Via Webex) Present: John Kiefer, Kyle Clark, Cheryl Hentz, Kristopher Ulrich Absent: Also Present: Justin Gierach, Engineering Division Manager / City Engineer; Mike Wegner, Brown and Caldwell I. Call to Order. A. Mr. Kiefer called the meeting to order at 7:28 am. II. Approval of May 20, 2021 Meeting Minutes A. Motion to approve May 20, 2021 minutes. (Mr. Clark / Mr. Kiefer). Approved 2-0. (Ms. Hentz and Mr. Ulrich abstained). III. Storm Water Utility Appeals Board overview. A. New committee members were welcomed to the board and an introduction was made by each attendee. B. Mr. Gierach (Engineering Division Manager/City Engineer) provided an introduction of City Staff. Mr. Gierach and Dan Gabrilska (not present at meeting) are staff representatives to the Board. Mr. Gabrilska prepares the agenda and majority of the materials for board meetings. Mike Wegner (Brown and Caldwell) provides support to City Staff for topics, preparation of meeting minutes, and other general assistance. Mr. Wegner also gave an introduction of himself. C. Committee members introduced themselves. Prior committee members (Mr. Kiefer and Mr. Clark) provided a background on their involvement with the committee. D. Mr. Keifer provided background information regarding meeting schedule and typical length, of meetings, and topics that are covered at Board meetings. E. New committee members introduced themselves: 1. Ms. Hentz provided background information on herself and prior involvement with City Boards/Committees. She is looking for involvement in a more active committee after being involved in the Zoning Board of Appeals which had limited activity recently. 2. Mr. Ulrich described himself as a professional volunteer. He is involved in the City Landmarks Commission and following council meetings and other municipal topics. F. Mr. Gierach read the definition of the board from the Municipal Code to provide information on the function and duties of the board. He explained that the City has a history of flooding and concerns with stormwater management. The City has completed studies for many watersheds, and there are additional watersheds that are in various stages of study. When a study is nearing completion, a presentation is made to the board for review. An example of a watershed that has been discussed with the Board in the past where a lot of work has been completed is the Sawyer Creek watershed. This watershed was studied in the 2000’s, and implementation of projects began in the late 2000’s, and is continuing presently. The City is working on implementing the last project from the Sawyer Creek watershed study which is called Rural Basin #2. This project is a larger version of the James Road Detention Basin that was previously constructed by the City. G. Ms. Hentz asked about an example of an appeal to the board. 1. Mr. Gierach stated that he has not been involved in any appeals during his time assisting the board. 2. Mr. Clark said that during his participation on the board there has been one appeal. The appeal was regarding a rain garden located on private property and whether a storm water utility fee credit should be given for the rain garden. June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 2 of 6 3. Mr. Kiefer indicated during the first several years of the boards existence the committee worked on language for the appeals process. He said that there is a formal process for obtaining a storm water utility credit. The board functions as the last step in an appeal. Mr. Clark added that most frequently credit review and approval/denial is handled by City Staff. The board only becomes involved if there is an appeal of the staff decision. 4. Ms. Hentz asked about confirmation that there is a defined process for an appeal? And if the board thus function as a quasi-judicial body. Mr. Clark stated that in this function they act as a quasi- judicial body. 5. Mr. Gierach said that there is a defined process for appeals in the Municipal Code. There is additional information about the credit policy on the City’s stormwater webpage. Further information about how credits and staff review could be provided as a future meeting topic. H. Mr. Kiefer described the City’s history of flooding, specifically storm events that occurred in June 2001, 2004, 2008, and 2012. These events, most significantly the 2008 event, have resulted in the City’s emphasis on flood management and resulted in some changes to board activities after the first few years of the board’s existence. The board subsequently has focused on projects that are being implemented to relieve flooding. This isn’t just ponds and swales, it is also storm sewers improvements that are frequently tied to street reconstruction. The storm water utility funds a portion of the project. The City also has a mini-storm program. In this program, annual projects are completed to provide sewers to allow residents to connect their sump pumps. Typically, the program services 30-40 homes annually. Some years there are 60-70 homes connected. Mr. Clark indicated this is a program that has grown during his board involvement. In 2011 the mini-storm funding was $50,000, it now is about $500,000. I. Mr. Kiefer stated that he is on the plan commission and has a background in city management and specifically TIF districts. He has recently been an advocate for TIF districts to pay for all of their infrastructure, including storm water management. He is not in favor of having the storm water utility fund TIF infrastructure. TIF districts tend to pop-up and cause problems and require changes to budgets. Recent TIF districts have changed to having the storm water utility pay for infrastructure up- front, but then have the money be paid back by the TIF. J. Mr. Kiefer mentioned that the Sawyer Creek work described previously will result in changes to FEMA floodplain mapping and was something the board was involved in. The mapping will reduce floodplain areas and reduce flood insurance requirements for property owners. Mr. Kiefer asked about the current status of the floodplain mapping. 1. Mr. Gierach said the City has a meeting scheduled with the new County Executive to discuss the executive’s ideas for how the City and County can work towards finalization. He indicated this was an on-going topic prior to Covid resulting in disruptions to public meetings. The City approval process for the changes is completed. However, Town and County approvals are needed. It is stalled at that level. Final DNR and FEMA approval will also be needed. 2. Mr. Gierach provided further background/context for the project. The recent City projects in Sawyer Creek has detained water outside of the City and/or allowed for more efficient flow of water through the City. This results in lower 100-yr flood elevations and a smaller floodplain. This would thus take properties out of floodplain. During project implementation, the DNR put a requirement in all permits to require a study to update the floodplain mapping after projects are implemented. When the City completed this study, the initial results showed an increase in the floodplain, which didn’t make sense. The conclusion was low areas in farmlands were not accounted for and was what caused the increase in floodplain. As a result, the City is working to create flood storage districts in these low areas, to prevent them from being filled. If these areas are filled it would increase flooding downstream. Within these areas, farmers can continue to operate (farm them), or they could be filled, if stormwater storage if provided to offset the filled areas. Ultimately, it is putting a zoning restriction on the land. 3. Mr. Clark stated that this is an example of another theme that comes up as part of the board, which is the interaction between federal, state, and local governments. June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 3 of 6 K. Mr. Clark indicated a topic that is also regularly discussed is public communication. Mr. Kiefer is an advocate of communicating what has been done by the utility and what rate-payers are getting for their fees. L. Mr. Clark and Mr. Kiefer mentioned that in the past the board has taken field trips to project sites or existing storm water practices. These field trips have been helpful in understanding storm water management. Mr. Ulrich stated that he would support a future field trip. M. Mr. Clark also brought up that there has been a bunch of technical jargon (such as the 100-year storm/flood) and acronyms utilized in recent discussion. He indicated that having a list of definitions and background information would be helpful for new committee members. 1. Mr. Ulrich added that a cheat sheet of commonly used terms would be helpful. This could also potentially be turned into a mailer for public education. 2. Mr. Kiefer indicated that along these lines the City has standard goals about what storm event different infrastructure is sized to handle and would be helpful information to provide. 3. Mr. Gierach said that for the next meeting he would include a topic to present an overview of the City’s program and policies which would try to help answer some of these questions. IV. Topics/Issues that the Board wants to cover. A. The prior discussion under Item III included several topics/issues for future meetings. 1. Mr. Kiefer reinforced that he would like to see an overview of technical terminology and also thought a list of past projects would be helpful. 2. Mr. Clark asked about the status of the City’s interactive map of project and if this was something that might be helpful to new members. Mr. Gierach indicated that the map is functional but has not been updated to include recent projects. B. Mr. Clark mentioned that there has been a large investment made in storm water management by the City. The City is approaching a $100,000,000 invested. Mr. Kiefer provided background that the City has typically issued 20-year bonds to finance storm water projects. In the upcoming years (2027- 2028) the early debt will start to be paid off. At this point the hope is that the stormwater utility fee will start to level off. In the past the City has seen steep fee increases. The storm water utility fee, and a comparison to other Cities, is a topic the board has discussed in the past. C. Ms. Hentz asked about a recent news story she recalled seeing that mentioned a storm sewer issue in Oshkosh - a potential a sewer back-up? Mr. Gierach asked if it was a story about a sanitary force-main issue. Ms. Hentz wasn’t sure. Mr. Gierach explained there was an issue with a force-main near Waukau Road. City was notified by resident and immediately started working to fix it. The City doesn’t know how much sewage was released, but they were able to get it fixed. The City doesn’t believe raw sewage made it into storm sewer and/or Lake Winnebago. It is believed the discharge was contained within the ground. D. Mr. Gierach said the reason for this topic was to make sure that staff was giving the members the information they are interested in. Immediate answers are not required, but if there are things the board is interested in, it can be mentioned now, or in the future. E. Mr. Clark said that he thought it would be useful for new members to see the map of watersheds in the City, a map of the City’s storm water infrastructure, and the watershed map that is color coded about level of study which has been completed. F. Mr. Kiefer said another document that is useful is the 5-year CIP, which is a list of projects that are planned for the next 5-years. Mr. Gierach added that last Friday the public works department had a meeting with City Manager Mark Rohloff to discuss projects. Staff wasn’t able to get through the full list, but they are close to bringing it to the board and then subsequently Common Council. V. ARPA Project Recommendations? A. Mr. Kiefer said the City is in line to receive upwards of $20,000,000 as part of the Covid recovery act. The City is looking for recommendations on how to use funds. Mr. Kiefer discussed his background in working with a school district and how they are using recovery funds. They are using the money to June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 4 of 6 fund one-time costs. They are trying to avoid increasing recurring costs, or items that are currently in the operating budget. If money is used for those types of items, the funding will someday need to be replaced. Mr. Kiefer indicated there are forms available to provide input on how to spend money (he received a form at the plan commission). The City is looking for individual input and also joint input from Boards/Commissions. B. Mr. Gierach said that ARPA stands for American Rescue Plan Act. He said the City Manager looking at holding listening sessions to hear ideas from the public and there are forms available for input. The City Manager is also looking for recommendations from committees. Mr. Gierach doesn’t expect specific recommendations at this time, but members can let staff know about any items or questions in the future. C. Mr. Clark said that from a stormwater perspective he would like to use funds in a way that would provide long-term efficiencies or additional information. Examples would include funding planning studies, or if there is equipment needed to make staff more efficient or that could alleviate issues in field (i.e. is there technology to improve the use of staff time). VI. Discussion of virtual vs. in-person meetings going forward. A. Mr. Kiefer provided an introduction that the board has been virtual since last year. Generally, over the history of the board, citizen input/outside attendance has been very limited and the board had previously advocated for virtual attendance options due to conflict of committee members jobs/responsibilities. He would like to have an option for virtual attendance. B. Mr. Ulrich said he was comfortable with virtual meetings but likes to have in-person meetings. C. Ms. Hentz also doesn’t mind virtual meeting. She asked if the topic was asking about time of day for meetings? D. Mr. Gierach said this topic is about how meetings will occur. The council is allowing boards to determine how to proceed for the near future. At some point in the future the council will likely move to in-person meetings. It is uncertain about if, or how, virtual participation will be allowed E. Mr. Clark said he likes virtual meetings due to flexibility with childcare, work, etc. He would like to stay virtual as long as possible. F. Mr. Kiefer said he likes virtual meetings due to flexibility and would prefer to remain virtual. G. Mr. Kiefer proposed that the board stay virtual through August and then re-evaluate in the fall. He would encourage council to allow for virtual participation in the future and to potentially invest ARPA money in technology to facilitate virtual participation in meetings. VII. Program and Project Updates (J. Gierach). A. 20-02 Southwest Industrial Park 1. This project is located at the intersection of STH 91 and Clairville Road. The first phase of the project, which is Transit Drive is paved. Contractor is currently working on utilities in Compass Way and then will be paving Compass Way. The last phase of work is on Clairville Road. B. 21-03 Oregon Street and Fond du Lac Road Sanitary Sewer Interceptor 1. Contractor is currently working on the sanitary sewer interceptor in Fond du Lac Road. They are about ½ done with work in Fond du Lac Road. The contractor will then work in Waukau Road and complete the storm sewer outfall there. C. 21-04 W. 9th Avenue Reconstruction 1. This project is a full street reconstruction between Linden Oaks Road and Oakwood Road. 2. The contractor will be starting storm sewer work in next couple weeks. They are about six-weeks out from paving Phase 2 of the project, which is from Sawyer Creek to Quail Run Drive. They will then work on Phase 3, which is west of Quail Run Drive. D. 21-05 Ceape Avenue Reconstruction 1. Contractor is working on utilities in Ceape Avenue. They are about 4-5 weeks from starting to pave the street. E. 21-20 Mini Storm Contract June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 5 of 6 1. The project was bid and the City is waiting for the pre-construction meeting. The contractor expects to start in early August. F. Parkway Basin 1. The City has completed the process of going through the plan commission and council for land acquisition approvals. The City will be starting the relocation process for the property at 616 Grand Street and starting acquisition from the railroad. They are hoping to construct the project next year. 2. Ms. Hentz asked what the address was on the house being acquired. Mr. Gierach said it is 616 Grand St. 3. Mr. Kiefer described that the house would be removed to allow for inflow to pond, which would be located behind the other houses on Grand St. The home was selected for removal because it is the low point. Mr. Gierach confirmed that it is where the storm sewer will enter and it is also the overflow back into the right of way. The City could not use the vacant property on the north end due to topography. 4. Mr. Ulrich asked if there are more properties that will be removed. Mr. Gierach answered no. He said that the project will look similar to Baldwin Basin when completed. 5. Mr. Clark said that the City tries to minimize the number of times that homes are taken. There have been a number of different configurations for the pond shown to the committee as the City tried to work through the design. He asked if this is a rental property. Mr. Gierach said that it was, and that the city is working with owner to purchase the property and for relocation of the tenant. The City is working with a relocation consultant to work through purchase price and costs to relocate tenant. G. Westowne Basin 1. This project is located at the intersection of Westowne Avenue and Washburn Street. There is currently a small wet pond in the right-of-way. The City is working to acquire part of the Shell Gas Station property to expand the pond. The land acquisition was approved by council. The City will be proceeding with acquisition and construction is scheduled for next year. 2. Mr. Clark provided background of the project. The existing wet pond is City owned and there is a dry pond on the Shell Gas Station property. The project will combine the wet pond with the dry pond to provide water quality improvement. Water quality is one of the major issues discussed by the board, along with flood management. VIII. Review Discussion of Future Meeting Agenda Items. A. 2022 Budget (summer topic) B. Review public information through Oshkosh Media Department 1. Mr. Clark said the board has occasionally discussed public information activities and options with the media department in the past. They haven’t had a recent discussion and they would like to have this occur again. C. 2022 CIP D. Topics mentioned earlier in the meeting were recapped and included: 1. Discussion of the FEMA floodplain remapping for Sawyer Creek, including the flood storage districts and coordination with Winnebago County. 2. Information on common stormwater terms and background information on the City’s stormwater program. 3. A tour of storm water facilities (potentially at the September meeting). E. Mr. Kiefer asked new members to reach out with questions and/or concerns so that they can be addressed. He also indicated that the board is still looking for a 5th member and encouraged people to nominate any potential candidates. F. Mr. Clark posted a link in the chat to a YouTube video https://www.youtube.com/watch?v=EACkiMRT0pc. The video is background information about stormwater. The channel has topics about various engineering topics, including several stormwater videos. June Storm Water Utility Board Minutes 06-17-2021_v3DRAFT June Storm Water Utility Board Minutes 06-17-2021.docx Page 6 of 6 IX. Adjournment. Motion to adjourn: Ms. Hentz/Mr. clark (Approved 4-0). Adjournment at 8:47 am. Respectfully Submitted Justin Gierach, P.E.; Engineering Division Manager/City Engineer