These minutes are unofficial until approved at the next Trustee regular session.

The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees Meeting

Thursday, January 29, 2015—4:00 PM Heritage Bank Conference Room Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 4:02 PM at the Heritage Bank Conference Room in Delhi, IA.

Trustees present: Leonard, Kramer, Davidson, Burger, Colgan (by Skype), Gifford and Kray (phone)

Trustees absent: None Recording Secretary: Kallenbach

Visitors: Alan Shaffer from BARD Materials, Brian Cornwell and Quentin Thorson from Minnowa, Steve Gehl from Lunda Construction, Larry and Eve Peter, Brian Monk from B & J, Ed Schmidt, Doug Dabroski, Diane Bauers, Dave and Stephanie Kruse, Chris Stender, Dave Larson, Jim Locke, Don Dede, Bill Lux, Josh Kovac, Jenni Hummel, Bill and Bonnie Hughes, Bob Sack, Chip Hughes, Richard Reicher, Ben Kindred, Larry Ashbrenner, Wayne and Jenny Garvin, Jason Wenger, John Hess, Ben Pasker, Dale Bolsinger, Dan Reyner, Sara Millhouse from Dyersville Commercial

Motion to approve the posted agenda was made by Burger and seconded by Davidson, motion passed.

Motion to open a public hearing was made by Davidson, seconded by Kramer, motion passed. No public comment. Burger motioned to close public hearing, Kramer seconded, motion passed.

Colgan motioned to begin the consideration and possible action to approve Plans, Specifications and Form of Contract for the Lake Delhi Dam Reconstruction Project Phase 2, Davidson seconded, motion passed.

4 bids for Phase 2 construction were received by the Board:

1. Minnowa Construction, Inc., out of Harmony, WI for a final bid of

$7,457,009.00

2. Lunda Construction Company out of Little Chute, WI for a final bid of

$8,279,769.05.

3. General Constructors, Inc. of the Quad Cities out of Bettendorf, IA for a final bid of $6,185,693.00.
4. ASI ECI out of Pueblo, CO for a final bid of $7,782,905.00.

Burger moved to send the 4 bids to Stanley Engineering for review with an expected response by February 5, 2015. Kramer seconded, motion passed.

Burger moved to approve the 12/18/14, 12/30/14 and 1/14/15 minutes, Davidson seconded, motion passed.

Kramer covered the General Fund claims for payment of $877.08 and the Dam/Spillway Project Claims for payment of $348,868.27 for a total of $349,745.35. Davidson motioned to approve payment of claims, Burger seconded, motion passed.

Kramer reviewed the December financial statements. The General Fund ended December 2014 at $174,021.29. The Debt Service Fund received the $6123.53 from the Delaware County Treasurer, ending December 2014 at $165,653.93. The Dam/Spillway Project Fund received the expected DNR reimbursement, ending December 2014 at $5,227,859.30. Colgan motioned to approve financial report, Kramer seconded, motion passed.

The Board heard Committee Updates.

The Lake Bed Cleanup Committee had no updates.

The Dredge Committee updated information on discussions with the Corps of Engineers regarding property owners and dredging. The Board is working with the Corps of Engineers and DNR to approve a process that would simplify obtaining permits to allow property owners to a) remove up to 25 cubic yards of material from boat docks, or b) spread up to 10 cubic yards of material around their boat docking area. Details are expected within a week.

The Dam Construction Committee stated that they have had delivery of the embedments including the new gate silt plates and vertical guides. The gates are scheduled to be delivered in April/May 2015 after the operator bridge and lifting equipment have been installed, installed silt plates for the new flood gates and stop logs, and are currently aligning the horizontal and vertical guides for the new flood gates and stop logs. Next will be removal of the concrete operator’s bridge, replacement of the concrete walkway with the new galvanized steel operators bridge for the gate actuators. This is progressing well. Time frame for completion on Phase 1 is in April or May, with initial flood gate testing in the summer. This time frame will not impact Phase 2.

Phase 1 work remains under budget.

The Water Quality committee had no updates.

The Funding and Finance Committee stated the Board would be approving dates for budget approval meetings for the fiscal year 2016.

The Board considered possible action on Lunda Construction Change Order #16. This is a proposal from Lunda at the Board’s request. This proposal is in regards to GEC, the subcontractor for Phase 1, providing grouting and dewatering of the SW wing wall. GEC is returning from a job in Rapids City, SD in the next few days. Lunda Construction agreed to have them stop in Delhi on their return to complete this grouting process in order to both save money and also reduce risk to Phase 2 by completing the dewatering of sand and gravel areas impacting Phase 2. This process

would cost $53,176.34. Leonard motioned to approve the service and payment, Kramer seconded, motion passed.

The Board considered a possible date change to the regularly scheduled February meeting and also approve date to review and award bid for Phase II. Leonard moved to set a special meeting for February 5 at 6:30 PM at the Lake Office to review the bid recommendations from Stanley Engineering and potentially award a contractor and set February 26 as the date for the regular meeting to combine with possible public hearing on the FY16 budget. Burger seconded, motion passed.

Burger moved to set the public hearing date to approve the financial budget for Fiscal Year 2016 for February 26, 2015 at 6:30 PM at the Lake Office, Kramer seconded, motion passed.

The floor was opened for public comment.

Larry Ashbrenner asked what the cost estimation for Phase 2 from Stanley Engineering had been previously. This was confirmed to be approximately $6.9 million. This estimate was made in the fall of 2011. Market changes and increased interested contractors have changed bid estimates.

Dave Kruse asked how much tolerance over the $6.9 million Stanley Engineering estimate from 2011 would be allowed, and if there is available funding to match the received bids. The Board stated that it will look less at the $6.9 million estimate and instead consider going market rates and whether the bids are quality and responsible. The Board also stated that all funding for the project and pledges will be required to meet the received bids and contingencies.

Bob Sack asked if the permits regarding dredging of material on personal property would expect dredging to be leveled perpendicular to the property. The Board stated those details are still being discussed between the DNR and the Corps of Engineers, but currently the discussion is about being perpendicular to docks with some sensitivity around the river and not putting silt into the river current. Sack advised the board that the trenches in the lake bed needed to be filled prior to lake fill.

Jim Locke asked if the current cofferdam would remain in place because it would be enough underwater. The Board stated this is a temporary cofferdam that would be removed. Locke asked if the Board would consider keeping the cofferdam in place as a potential fish reef. The Board stated that the current cofferdam is both sheet pile and dirt, and that the contractor would want to keep the sheet pile because it is reusable, but it can discuss with Stanley Engineering the benefits and safety specifications of using the soil as a fish reef.

Larson asked if the completion date was still in October, and if the incentive program is on top of the bid amounts. The Board stated that the bid specifications

call for a completion date (with completion defined as water over the dam towards lake fill) by October 23, 2015, with the incentive package on top of that for each week earlier than October 23 the Phase 2 contractor achieves completion.

Davidson motioned to adjourn the meeting, Burger seconded, motion passed. The meeting was adjourned at 4:49 PM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, December 18, 2014 – 6:30 p.m.

Lake Delhi Trustee Office

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:30 PM at the Lake Delhi Trustee Office.

Trustees present: Leonard, Kray, Burger, Kramer, Gifford and Colgan by Skype

Trustees absent: Davidson

Visitors: Larry Peter, Eve Peter, Ken Kray, Jim Locke, Chris Stender, Shelley Kallenbach, Ben Pasker. Larry Aschbrenner

Agenda was reviewed by Leonard and motion to approve the agenda by Kramer, Gifford second. All ayes, motion passed.

Kray asked for approval of minutes from 11/20/14. Burger made motion to approve, Gifford second, all ayes, motion passed.

Kramer reviewed the claims for November. Request for payment from the General Fund is Alliant Energy – $45.37. The requests for the Dam Spillway Fund are Simmons Perrine Moyer Bergman – $80.00; Dorsey & Whitney – $1,164.78; Groth Services – $24,240.00; Lunda Construction – $136,457.73; Stanley Consultants – $1,954.44. Burger made motion to approve payments of both funds, Gifford second. Leonard advised he asked the President of the Rocky Nook Association to confirm the work by Groth Services was completed as promised and they did confirm that. All ayes on the motion to approve payments for both funds, motion passed.

Kramer reviewed Financial report for month ending November 30, 2014. The General Fund began with a balance of $192,108.09 and after revenues and expenses, ended with a balance of $191,464.59. The Debt Service Fund began with a balance of $48,150.78 and after revenues ended with a balance of $159,530.40. The Dam/Spillway fund started with a balance of $4,830,349.34 and after revenues and expenses, ended with a balance of $4,221,197.07. Kramer also presented reports maintained by the County. Motion to file all financial reports by Burger, Gifford second. Gifford asked for a review of the funds presented and Kramer gave explanations. All ayes, motion passed. Leonard and Kramer then presented report requested by Kray at last meeting. Advised this is a template and the board should decide if these reports work. All members advised will look at further and give input.

The letter to the DNR requesting reimbursement for Phase I costs of $136,457.73 was discussed by Leonard explaining charges are for Lunda Construction and Stanley Engineering invoices with the exception of any dredging expense. Gifford made motion to approve reimbursement request, Burger second, all ayes, motion passed.

Committee Updates

Lake Bed Clean Up – Gifford advised no updates since last meeting.

Dredge – Colgan advised Stanley Engineering hired Burringon Group to do survey work for dredging. The purpose of the survey work is to document the bottom of the lake and see what changes in sediment have occurred since 2010. Stanley Engineering will come back with a proposal for soil borings of areas we are interested in. Colgan reminded us that our agreement with the Corps of Engineers and the DNR is that we cannot dredge below the native soil.

Water Quality – nothing to report

Funding – Gifford, Leonard and Kramer met with Grant from our lobbyist firm. They are in the initial stages of discussion and ramping up for the Legislative session. Any funds requested will be non-matching.

Finance – Once the Phase II bids are in the committee will have a good idea of our needs. They plan on an initial meeting on the budget in January 2015.

Dam Construction – Lunda Construction has continued to work through the cold and they are specifically working on the patching currently. Lunda has brought in a millwright company to make sure the tolerances are set correctly on the gates as they want no leakage and the work is very precise The downstream side is complete and Lunda will be able to meet the requirements necessary for Phase II to begin.

Kray introduced Shelley Kallenbach as the new Recording Secretary for the District. Kray advised Hatala approved our contract employee document and Kallenbach had no changes. Burger made motion to approve contract, Kramer second. All ayes, motion passed.

Colgan discussed the Phase II bids and explained that some changes were made to the bids so there should be a wider group of contractors that can do this work. The District took shallow soil borings by the dam and at the Turtle Creek area and we found we will be able to use the materials found at those 2 sites. Secondly, we changed the timing of the work which lends itself better to spring and fall work. Third, we found additional contractors that can do work and that will receive the plans. The bids have also been updated with 2016 requirements which requires the Contractors to provide for flood insurance. The bids will go out on January 5, 2015; Pre-Bid conference will be held on January 14^th or 15^th; Bids are due back on January 29^th ; Awarding of the bids on Februay 5, 2015. Construction should begin early March and completion is set for November , 2015. Leonard made motion to approve final bid package with review and completion by the Construction committee, Kramer second. Burger is not sure if he is willing to just give the Committee the approval authority as he wants to understand the ramifications of any date changes. His concern is that if changes affect the number of bidders or the cost, all board members should vote on those changes. Colgan said these are the best dates to receive the best bids and believes we should leave them as is. Leonard amended the motion to approve the bid package with a review by the construction committee and if the dates remain the same no new board approval is necessary. Kramer second. All ayes, motion passed.

Kramer explained the Canon copier she would like to purchase for the District administration building. It is a Model C103 for $699 and has a maintenance agreement for 3 years at $11/mo. The maintenance agreement covers parts, labor and toner. Leonard made motion to acquire Cannon copier Model C103 for $699, Burger second. All ayes, motion passed.

Leonard advised the wrong agenda was printed and approved. Will table the consideration of the Stanley Supplemental Agreement until the next meeting.

Public Comment

Jim Locke asked what the District was going to do with the LDRA printer and Kramer said would use as back up.

Jim Locke feels if the Nov, 20, 2015 date gives the contractors more time and improves the cost and the number of contractors, that the Board should leave the date as is.

Larry Peter asked when the Board will begin work on manpower requests. Colgan said has been thinking through that and after the Phase II bids are out and awarded he will focus on this issue. Peter advised he has produced a report on ongoing maintenance of the dam and will share with Kramer as she needs to understand expenditures. Kramer will share with the Dam Committee members.

Motion to adjourn by Kray, Burger second, all ayes, motion passed. Meeting adjourned at 7:32 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, November 20, 2014 – 6:30 p.m.

Lake Delhi Trustee Office

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:32 PM at the Lake Delhi Trustee Office.

Trustees present: Leonard, Davidson, Kray, Burger, Kramer, Colgan by Skype, Gifford by phone

Trustees absent:

Visitors: Ed Schmidt, Dave Larson, Larry Aschbrenner, Jim Locke, Chris Stender, Marcheta Cooey Lux, Dan Reyner, Sara Millhouse (Dyersville Commercial)

Agenda was reviewed by Leonard and motion to approve the agenda by Burger, Davidson second. All ayes, motion passed.

Kray asked for approval of minutes from 10/23/14, and 11/6/14. Kramer made motion to approve, Burger second, all ayes, motion passed.

Kramer reviewed the claims for November. Requests for payment from the General Fund are Alliant Energy – $20.45; Simmons Perrine Moyer Bergman – $240.00; News Publishing – $59.50; Tegeler Body & Frame (payment for moving barge) – $612.50; Three Rivers FS – $17.50; Delaware County Auditor’s office (warrant expense) – $30.00. Kramer advised of payments for the Dam/Spillway Fund are Lunda Construction – $272,207.78; Delaware Co. Secondary Roads Dept (50% share of Turtle Creek work) – $68,235.19; Groth Services (Septic work for Rocky Nook Assoc.) – $77,444.95; Stanley Consultants – $195,980.73. Burger made motion to approve payments of both funds, Davidson second. Davidson noted that the board should consider shutting down the buildings down by the dam due to the continuing expense. All ayes on the motion to approve payments for both funds, motion passed.

Kramer reviewed Financial report for month ending October 31, 2014. The General Fund began with a balance of $194,927.70 and after revenues and expenses, ended with a balance of $192,108.09. The Debt Service Fund began with a balance of $242,165.84 and after revenues and expenses ended with a balance of $148,150.78. The Dam/Spillway fund started with a balance of $5,336,890.52 and after revenues and expenses, ended with a balance of $4,830,349.34. Kramer also presented reports maintained by the County. Motion to file all financial reports by Kray, Burger second. Kray requested report to show overall big picture of what funds we have left and what commitments are outstanding. Colgan agreed and said it would be a type of management report. Leonard indicated he and Kramer will put a report together for the next meeting. All ayes on the motion to file reports, motion passed.

The letter to the DNR requesting reimbursement for Phase I costs of $465,272.51 was discussed by Leonard explaining charges are for Lunda Construction and Stanley Engineering invoices with the exception of any dredging expense. Kray made motion to approve reimbursement request, Burger second, all ayes, motion passed.

Committee Updates

Lake Bed Clean Up – Gifford advised no updates since last meeting as the weather turning colder much earlier than expected set back any cutting of trees.

Dredge – We are currently trying to quantify the amount of material in the lake bed and work is being done by Burrington Group and then sent back to Stanley Engineering. Our agreement with the Corp of Engineers is that if we document all the sediment on the lake we won’t have to request a permit every time want to dredge. Once we get the sediment amounts documented, we won’t have to do this task again.

Dam Construction – Lunda is still working in cold weather -all the wall patching is complete and the old piers have been removed. The gate guides from Linita should be delivered in early December. We previously approved a change order to change the operator’s deck to steel instead of concrete. Lunda is making preparations to take out the old deck and will install the new deck in January. Phase II will go out for re-bid. We hired Braun Co to do additional soil testing in the field. We believe there may be sediment available around the dam and in the Turtle Creek area that will assist in reducing cost. We have also asked Stanley Engineering to do a value engineering study to see if there are areas where we may change design and assist in cost reduction. Colgan is scheduling the pre-bid meeting for January 12 or 13^th and we should award Phase II at the end of January.

Water Quality – Nothing to report until next year.

Funding/Financing – Nothing to update since last meeting. Burger said we need to start on the budget for next year. They will be calling a meeting shortly to start the process.

Kray advised the board that Davidson and herself interviewed 2 candidates for the recording secretary position and have decided on one of the candidates. Leonard made motion to pay on contract basis to do minutes each month at a rate of $45/mo which is less than $600/year and that the candidate would be responsible for her own mileage and her own computer, Kramer second. The $45/mo amount was chosen so we don’t have to go through the 1099 process. Davidson said we talked loosely about pay but that we would have a 2 hour minimum for meetings and then she would track her hours for further work. Davidson said the 1099 should not be an issue as they are not hard to complete. Kray said she would rather see a less complicated pay basis of just $12/hour for work completed with a 2 hour minimum for meetings. Kray agreed to contact our attorney Hatala for advice on use of the Trustee computer and a document for the contracted employee. Leonard amended the motion to hire candidate as a contract employee for $12/hour with a 2 hour minimum for meetings and $12/hour for work completed after with approval at the December meeting after Kray provides the contract document. All ayes, motion passed.

Public Comment – Chris Stender asked why pre-bid conference will be January 12^th or 13^th ? Colgan explained that after the bids are released about 10 days after a pre-bid meeting is held for contractor questions. Result of soil borings should be done next week. Stender asked if soil boring reports aren’t what we want, what then? Colgan said we will have to go with what we had before but another key issue is when work is actually done and moving from winter work should help. Earthwork is also a major component. Stender asked if there was only one earth work contractor on the previous Phase II bids. Colgan said he wasn’t looking at bids so hard to answer.

Ed Schmidt asked what the $12,000 lobbyist payment was for and Kramer explained it was 6 months of normal payment of $2,000/mo.

Stender asked how long the construction will take and Colgan said 150 days and should be complete fall of 2015.

Jim Locke asked about the letter regarding septic systems and Kray advised status and that letter was sent to those who needed inspections.

Dan Reyner said he thought the opening at Turtle Creek looks narrower than is safe. Colgan said is just earth work for now and is not the final configuration.

Motion to adjourn by Burger, Davidson second. All ayes, motion passed. Meeting adjourned at 7:31 pm.