Board of Public Works approves settlement to complete South digester recoating; schedules plant tour

The Board of Public Works voted to approve and recommend a settlement and mutual release agreement to finish recoating the South digester at its May 5 meeting. Motion to approve and recommend the agreement passed after a voice vote; the motion was made by Mister Barrington and seconded by Mister Froeter.

The agreement follows a contractor withdrawal and repeated coating failures on the digester. Ben, a wastewater staff member, told the board, “we got about 1,500,000 gallons of sludge that we hope to get out before the farmers cut us off so they can start planting their fields,” and said the plant expects to begin sludge hauling this week, weather permitting.

Board members and staff said the settlement requires a structured inspection and approval workflow. Robert, a staff member involved in negotiations, described the settlement terms and said the parties insisted on a third-party inspector at multiple workflow checkpoints to confirm prep and application steps. He said, “It does not release Sherwin Williams product as far as if there's failure with their actual product. It still carries the warranty that that coating carries.”

The board heard that the contractor had raised concerns about a one-year warranty and project costs before withdrawing, and that negotiations included the contractors' attorneys and the city's counsel. Attorney Sekhar participated in email exchanges during the negotiation process and will be available for questions at a special council meeting planned after the finance committee meeting, staff said.

The board also discussed plant operations and near-term work. Ben said many tanks need cleaning and that high flows and recent rain have delayed some work; he noted limits on discharge and storage until river conditions recede. He said the ultraviolet disinfection system is in place and “we started disinfection on the first, until the September,” and that a new employee, Roman Mookie, “has completed his DNR testing” and holds the grade 4 certifications the utility seeks.

Board members agreed to invite Donahue, the engineering firm, to present a preliminary compliance alternatives plan next month and to conduct a plant tour after the June 2 board meeting so members can see current conditions firsthand. Ben said someone from Donahue “will be here to walk you through their plans.”

The board approved the settlement to avoid protracted litigation and to return the digester to service more quickly. Staff emphasized that the settlement conditions are intended to reduce risk of repeat failures by documenting preparation, using third-party inspection at each step, and confirming acceptance before proceeding.

The city will take the settlement to the City Council at a special meeting for final consideration; staff said Keith Stegaller will attend to answer attorney-level questions before council votes.