Metro Flood Diversion Authority Meeting Minutes

December 16, 2021

Metro Flood Diversion Authority Meeting Minutes        

A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on December 16, 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; Chuck Hendrickson, Moorhead City Council; David Ebinger, Clay County Commissioner; John Strand, Fargo City Commissioner; Kevin Campbell, Clay County Commissioner; Mary Scherling, Cass County Commissioner; Rodger Olson, Cass County Joint Water Resource District and Larry Seljevold, Moorhead City Council.

Members absent: Chad Peterson, Cass County Commissioner; Dave Piepkorn, Fargo City Commissioner and Rick Steen, Cass County Commissioner.

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 NOVEMBER 2021 MEETING

MOTION PASSED

Mayor Dardis moved to approve the minutes from the November 2021 meeting and Mrs. Scherling seconded the motion. On a voice vote, the motion carried.

3. APPROVE ORDER OF AGENDA

Mayor Carlson asked that the agenda be amended to add item c. under section 5 of the regular agenda, Dissemination Agent Agreement with Colliers.

MOTION PASSED

Mr. Ebinger moved to approve the agenda as amended and Dr. Mahoney seconded the motion. On a voice vote, the motion carried.

 CONSENT AGENDA APPROVAL

MOTION PASSED

Dr. Mahoney moved to approve consent agenda items a-c and Mr. Strand seconded the motion. On a roll call vote, the motion carried.

 MOTION PASSED

Dr. Mahoney moved to approve consent agenda item d, attachments i-iv and Mr. Hendrickson seconded the motion. On a roll call vote, the motion carried.

 4. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen gave a presentation showcasing the significant accomplishments and milestones that were achieved in 2021 and highlighted things to come in 2022.

5. GENERAL COUNSEL UPDATE

Mr. Shockley provided a summary outlining the purpose and necessity for the following resolutions and agreement:

a. Resolution for Contracting Actions Amendment 3

MOTION PASSED

Dr. Mahoney moved to approve the resolution as presented and Mrs. Scherling seconded the motion. On a roll call vote, the motion carried.

b. Resolution Authorizing MFDA Filing of Application with NDDEQ for SWDA Loan

MOTION PASSED

Dr. Mahoney moved to approve the resolution as presented and Mayor Dardis seconded the motion. On a roll call vote, the motion carried.

c. Dissemination Agent Agreement

MOTION PASSED

Dr. Mahoney moved to approve the resolution as presented and Mr. Ebinger seconded the motion. On a roll call vote, the motion carried.

6. USACE PROJECT UPDATE

Ms. Williams provided the following update:

1 Diversion Inlet Structure Construction

Structure includes 3-50 ft. wide Tainter gates. Work resumed in late-February. Construction is 79% 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 49% 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. Construction is 37% complete. 4 lanes of the bypass were opened on October 27, 2021. Completion of the raise of the mainline is scheduled to be complete Summer 2023. 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. Construction is approximately 72% complete. Required completion date NLT 30 June 2023.

5 Red River Structure – Procurement

Structure includes 3-50 ft. wide Tainter gates. The Request for Proposals (RFP) was issued on 12 October. Proposals were due 14 December. Award of the construction contract is being planned for late March 2022.

6 Southern Embankment – Reach SE-1B Design

65% review is complete. The 95% review is scheduled to start 9 March 2022.

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

Final plans and specifications are now scheduled to be signed this month. Reach SE-2B 35% design review remains on hold in order to resolve some design issues.

8 Drain 27 Wetland Mitigation Project – Procurement

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 – Procurement

Plans and specs were final on 30 September 2021 with a construction contract award planned for February 2022.

7. PUBLIC OUTREACH UPDATE

Mr. Olson reported that the committee did not meet this month. He also reported that the crisis plan is nearing completion and will be distributed relatively soon.

8. LAND MANAGEMENT UPDATES

Property Acquisition Status Report

Mrs. Scherling reported that the committee did not meet due to no actionable items.

CCJWRD

Mr. Olson reported that appraisals continue to come in and one counteroffer has been accepted. Public meetings will be held to provide education and information to landowners regarding flowage easements.

MCCJPA

Mr. Campbell reported that they met and have a draft flowage easement letter that will be finalized and go out in January. Two appraisals and two moving cost reimbursements were approved.

Mayor Carlson indicated that she needed to leave at 4:17 PM and asked Mr. Campbell to preside over the duration of the meeting.

9. FINANCE UPDATE

Mayor Dardis reported that all the contracting items were discussed and approved. The 2022 draft cash budget was also discussed and there were no additional comments. The current net position is $98,984,816 and the bills for November totaled $113,730,022.

10. OTHER BUSINESS

a. 2022 Final Cash Budget

Mr. Paulsen presented the final 2022 cash budget for approval and indicated that there have been no additional comments since the November meeting.

MOTION PASSED

Dr. Mahoney made a motion to approve the 2022 cash budget as presented and Mr. Strand seconded the motion. On a roll call vote, the motion carried.

b. 2022 Public Calendar

Mr. Paulsen shared the 2022 public calendar and indicated that it will be an actionable item at the January meeting.

c. Program Information Points

Mr. Paulsen addressed the program information points handout. It is an overview of talking points for members should they receive inquiries from the public or media. The document will be updated and distributed on a regular basis.

11. ADJOURNMENT

Mrs. Scherling made a motion to adjourn the meeting and Dr. Mahoney seconded the motion. The meeting adjourned at 4:23 PM.