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Project 3 -West Tamarack Swamp Improvements Battle Creek Lake Flood Protection Project: As referred to in earlier discussions involving Jay Bros. Inc., liquidated damages have been accruing since the December 21 deadline as stipulated in Tracey Galowitz' second letter to Jay Bros. Inc. relative to this project's punch list items. Project 2 -Battle Creek Lake Area Water Management Project ABI situ Pam Skinner expressed concern about the owner's mowing practices on the edge of the new stormwater pond. Although the District has already instructed them as to proper mowing practices in the vicinity of the new pond, Cliff Aichinger stated that staff will closely monitor the situation next season. Marty Jedlicki of S.M. Hentges & Sons, Inc. was present to discuss their claim for additional compensation of $1400, as considered by the Board last month. He stated that he is the superintendent and safety officer for this site, and he was present on the day that this situation occurred. He felt there is a misunderstanding of the circumstances and described a different situation than what the Board considered last month. He stated that a friendly agreement with the city was made to do additional work that would allow water service to be restored as soon as possible. The city was unable to turn off water service on the east side of the school, and this was impacting the school's lunch time activities, so he agreed to install a curb stop, a section of pipe, and a compression valve. The 2% hours of equipment down time resulted while waiting for the extra work to be done before the water could be completely shut off, yet they cannot pursue a claim according to the terms of their contract with the District. Roger instructed staff and S.M. Hentges to reach an agreement on how to conclude this matter and to submit a proposal for the Board's consideration next month. Tanners Alum System Water Quality Monitories Discussion was held on the memo dated January 2, 2003, from Meg Rattei and Brad Lindaman, which sets forth the Tanners Lake CIP evaluation schedule. Although it was hoped that the 1989 pre-construction climatic data could be used in direct comparison to the 2002 post-construction data, staff did not find similar conditions. In order to get a clear picture of how the facility is performing, staff must perform detailed analysis and modeling. The original scope and budget were set up considering this possibility, so no budget adjustments are necessary. The Board was informed that a draft report could be expected some time in May of 2003. This schedule has been discussed with MnDNR, the permitting agency, and they have no problem issuing a permit extension to December 31, 2003, in anticipation of the study results. Monitoring requirements will be dramatically reduced to total and dissolved aluminum, three times per year. Cliff stated that staff currently take samples with every storm event, and phosphorus levels are included in the monitoring. He wants to continue a higher level of monitoring than what will be required because of system operation variables that continue to occur, and to continue sampling inflow and outflow phosphorus. Tanners Lake Floodproofing Project Cliff reported that all work should be done by the end of the month on the former Rabine property, and at that point, the District can offer the property for sale. The Board agreed with his suggestion to collect information on licensed realtors for t'ne Board to consider at next month's meeting. He will find out if there are any precedents set by neighboring cities in this regard, and Tracey will check the statutes for any legal requirements. Willow Creek (County Ditch 18) Roger wanted to know what District stormwater treatment requirements will apply to the existing Buerkle dealership adjacent to the vacant parcel that has been the subject of discussion. Cliff stated that current regulations allow the District to enforce the phosphorus removal standard against new developments, but at this time the runoff from the existing development in front of the dealership is not treated. All runoff from this property drains into a Protect Category wetland. Brad reported that Buerkle is interested in paying for the additional cost to extend the pipe all the way to Highway 61. Cliff suggested that they could be asked to address their runoff from their existing property as well. The District and Buerkle cannot proceed with their joint project until MnDOT completes the work underneath Highway 61 later this summer. Brad also stated that some conceptual decisions need to be made so that they can proceed with the definition of the new county ditch easement across Buerkle's property. Page 3 January 8, 2003, RWM WD Minutes