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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.
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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.
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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
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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
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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.
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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