Metro Flood Diversion Authority Meeting Minutes – August 26, 2021

Metro Flood Diversion Authority Meeting Minutes

August 26 , 2021

Metro Flood Diversion Authority Meeting Minutes        

A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on August 26, 2021. The following members were present: Shelly Carlson, Mayor, City of Moorhead; Dr. Tim Mahoney, Mayor, City of Fargo; Bernie Dardis, Mayor, City of West Fargo; Chad Peterson, Cass County Commissioner; Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner; David Ebinger, Clay County Commissioner; John Strand, Fargo City Commissioner; Kevin Campbell, Clay County Commissioner; Mary Scherling, Cass County Commissioner; Rick Steen, Cass County Commissioner and Rodger Olson, Cass County Joint Water Resource District.

Member absent: Larry Seljevold, Moorhead City Council.

 

1. CALL TO ORDER

Mayor Carlson called the meeting to order at 3:31 PM. Roll call was taken, and a quorum was present.

2. APPROVE MINUTES FROM THE JULY 22, 2021, MEETING

MOTION PASSED

Mayor Dardis moved to approve the minutes from the July 22, 2021, meeting and Mr. Campbell seconded the motion. On a voice vote, the motion carried.

3. APPROVE MINUTES FROM THE AUGUST 9, 2021, SPECIAL MEETING

MOTION PASSED

Mr. Ebinger moved to approve the minutes from the August 9, 2021, special meeting and Mr. Steen seconded the motion. On a voice vote, the motion carried.

4. APPROVE ORDER OF AGENDA

MOTION PASSED

Mr. Campbell moved to approve the order of the agenda and Mr. Steen seconded the motion. On a voice vote, the motion carried.

CONSENT AGENDA APPROVAL

Mr. Shockley stated that there was discussion regarding voucher approval (item b) at the finance committee meeting and he indicated that if the consent agenda is approved as presented, the vouchers (item b) would be approved as well.

MOTION PASSED

Mr. Strand withdrew and re-motioned to approve the consent agenda as amended, removing the voucher approval (item b), and to discuss it during the finance committee update, and Mr. Olson seconded the motion. On a roll call vote, the motion carried.

5. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen provided the following August update:

P3 updates

  • Commercial close completed and financial close is scheduled for October
  • Building relationships with RRVA and planning next steps
  • Integrating the Chamber with RRVA

Planning

  • MFDA Team – Org chart with future roles will be presented in the coming weeks
  • Washington DC – Planning for and updating project information for the upcoming trip to Washington DC

On-going coordination

  • Utility/Township/Municipality MOUs and Agreements
  • Coordinating with EDC and partnering with NDSU on potential Economic Impact Study
  • Coordination with NuStar Pipeline to provide cost savings

Mr. Paulsen reported that Lieutenant General Spellmon and Colonel Jansen were amongst the commanders who visited Fargo on August 12th and they were very impressed with the progress that has been made.

Mr. Bakkegard narrated the drone video that viewed showcasing progress to date. The video can be viewed in its entirety on the website fmdiversion.gov.

6. GENERAL COUNSEL UPDATE

Mr. Shockley provided a summary and explanation outlining the purpose and need for the following resolutions:

a. Resolution Establishing the Alternative Dispute Resolution Board

Mr. Shockley summarized the changes and indicated that the MnDak Coalition has been removed from the list of officers. Mr. Shockley reiterated that there will no activity with the Alternative Dispute Resolution Board until after the project is complete and its sole purpose is only for those claims that cannot be resolved.

MOTION PASSED

Dr. Mahoney moved to approve the Resolution Establishing the Alternative Dispute Resolution Board as amended and Mr. Steen seconded the motion. On a roll call vote, the motion carried with Mr. Strand voting nay.

b. Resolution for County ROW Acquisition for the Red River Structure

Mr. Shockley summarized the purpose and need for the above-referenced resolution.

MOTION PASSED

Dr. Mahoney moved to approve the Resolution for County ROW Acquisition for the Red River Structure as presented by Mr. Shockley and Mr. Steen seconded the motion. On a roll call vote, the motion carried.

 c. Review next steps to financial close with P3 Developer

Mr. Shockley reported that the commercial close transpired last week and that the financial close is set for November 15th. As an IRS compliance requirement, a TEFRA hearing is tentatively scheduled for September 20th. Mr. Shockley also reported that the MFDA will be receiving a $20 million closing guarantee from the proposer.

7. USACE PROJECT UPDATE

Ms. Williams provided the following USACE update:

1 Diversion Inlet Structure Construction

Structure includes 3-50 ft. wide Tainter gates. Work resumed in late-February. Construction is 70% complete with a required completion date of 7 June 2023. Anticipated remaining schedule:

2020: Foundations/site work, control structure, dam walls.

2021: Complete dam walls, concrete piers, stilling basin and walls. Complete gate fabrication.

2022: Install bridge deck, gates, and operating machinery.

2023: Paint gates, seed.

2024: Turf established.

2 Wild Rice River Structure Construction

Structure includes 2-40 ft. wide Tainter gates. Work resumed in late-February. Construction is 42% complete with a required completion date of 20 October 2023. Anticipated schedule:

2020: Foundations/site work, control structure, dam embankment.

2021: Approach walls and apron, stilling basin and walls, preloads. Complete gate fabrication.

2022: Control building, dam embankment, gate installation.

2023: Complete excavation, dam embankment, seed.

2024: Turf established.

3 I-29 Raise Construction

Includes approximately 4 miles of interstate raise south of the Wild Rice River. Utilizes excess borrow material from the future site of the Red River Structure. Required completion date NLT 1 January 2024.

4 Southern Embankment – Reach SE-1 (Western Tieback) Construction

Includes approximately 2 miles of dam embankment construction, starting southwest of the Diversion Inlet Structure location. Required completion date NLT 30 June 2023.

5 Red River Structure Design

Structure includes 3-50 ft. wide Tainter gates. The design of this critical-path feature remains on schedule. Final plans and specs were completed 26 August 2021. Award of a construction contract is being planned for late March 2022.

6 Southern Embankment – Reach SE-1B Design

65% review scheduled to begin in October 2021.

7 Southern Embankment – Reach SE-2A and 2B Design

The final design review began 24 August 2021. Final plans and specifications are scheduled for November 2021. Reach SE-2B 35% design review is scheduled to begin late-Oct 2021.

8 Drain 27 Wetland Mitigation Project Design

The final plans and specs were signed on 30 July 2021. Award of a construction contract is anticipated in 2nd quarter FY2022.

9 Drayton Dam Mitigation Project Design

The final plans and specs are currently due 1 October 2021 with a construction contract award planned for February 2022.

8. PUBLIC OUTREACH UPDATE

Mr. Olson reported that the committee did not meet but things continue to move forward and the primary focus now is integration and planning with the RRVA team.

9. LAND MANAGEMENT UPDATES

Property Acquisition Status Report

Mr. Dodds reported that field work continues and an additional five or six parcels have been acquired and two LRED properties have been resolved. Negotiations continue on the Red River Structure, Drain 27 and SE 2-A.

Mr. Campbell stated that the MCCJPA meeting was postponed and there was nothing to report.

Mr. Olson reported that CCJRWD met and expressed that value is what creates the issues turning into LRED. They trust the appraisers and strive to be fair, friendly, and flexible. Overall, things are going as expected.

10. FINANCE UPDATE

Mayor Dardis reported that the finance committee met and approved the following contract actions:

      • Task Order 101, Amendment 0 – Design and Construction Support – New Task Order replacing existing task orders HMG $1,010,000
      • Task Order 102, Amendment 0 – H&H, Mitigation and Permitting Support – New Task Order replacing existing task orders HMG $610,000
      • Task Order 2, Amendment 4 – Cultural Resource Investigations & Architectural Evaluations – Additional Management and Coordination, Phase I Cultural Investigations – SE4 & SE5, Phase II Architectural Evaluations, Phase II Archaeological Evaluations, Cemetery studies
      • AECOM $534,099 Utility Relocation Agreement – Wild Rice River Structure Dakota Carrier Network
      • DCN $612,542 Change Order 04 – WP43G – Change Proposal 6 – Furnish and replace gravel on 49th Street SE Industrial Builders $66,708

MOTION PASSED

Dr. Mahoney made a motion to approve contract action items i-v and Mr. Peterson seconded the motion. On a roll call vote, the motion carried.

Mayor Carlson motioned to approve the bills (item b on the Consent Agenda) as submitted by the City of Fargo less the 4% administrative fee that is being charged by Fargo. Until a policy is in place, these fees will continue to go unpaid.

MOTION PASSED

Mayor Dardis made a motion to approve the payment of the bills less the administrative fees and Mr. Steen seconded the motion. On a roll call vote, the motion carried with Dr. Mahoney, Mr. Piepkorn and Mr. Strand voting nay.

11. OTHER BUSINESS

There was no other business.

12. NEXT MEETING

The next meeting will be September 23, 2021, at 3:30 PM.

13. ADJOURNMENT

MOTION PASSED

Mr. Steen moved to adjourn the meeting and Mr. Peterson seconded the motion. The meeting adjourned at 4:29 PM.