FM Diversion Board Of Authority Meeting – April 27, 2023

April 27, 2023
3:30 pm - 4:45 pm
Watch or Attend a Meeting

1. Call to Order

a. Roll Call of Members

2. Approve minutes from March 23, 2023
[Attachment 00.01] (Pg. 3)

3. Approve Order of Agenda


a. Finance Report [Attachment 01.00] (Pg. 7)

b. Voucher Approval [Attachment 02.00] (Pg. 41)

c. 2023 Cash Budget Change Request

i. BCR-011 City of Fargo 2021 & 2022 O&M Reimbursement
[Attachment 03.00] (Pg. 65)

d. DA Board Approval Contract Actions [Attachment 04.00] (Pg. 67)

i. AECOM – New MSA [Attachment 04.01] (Pg. 69)

e. MOUs and Agreements [Attachment 05.00] (Pg. 71)

i. MFDA & BRRWD Funding Agreement for the LOTRRP [Attachment 05.01] (Pg. 73)

ii. MFDA & Raymond Twp. MOU [Attachment 05.02] (Pg. 91)


4. Executive Director Report
[Attachment 06.00] (Pg. 125)

5. General Counsel Update

6. Construction Project Updates

a. USACE Project Update
[Attachment 07.00] (Pg. 127)

b. SWDCAI Project Update
[Attachment 08.00] (Pg. 129)

c. Drone Footage Video

7. Communications Team Update

8. Land Management Update

a. Property Acquisition Status Report
[Attachment 09.00] (Pg. 130)

9. Finance Update

a. WP38A Recommendation to Accept Bid and Award
[Attachment 10.00] (Pg. 136)

b. Eide Bailly 2022 Financial Audit Notification Letter
[Attachment 11.00] (Pg. 139)

10. Other Business

11. Next Meeting: May 25, 2023

12. Adjournment

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Fargo City Hall Commission Chambers
225 4th St. North
Fargo, ND 58102
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Recording of meeting will be posted shortly.

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A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on April 27, 2023. The following members were present: Dr. Tim Mahoney, Mayor, City of Fargo; Bernie Dardis, Mayor, City of West Fargo; Chad Peterson, Cass County Commissioner; Shelly Carlson, Mayor, City of Moorhead; Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner; David Ebinger, Clay County Commissioner; Kevin Campbell, Clay County Commissioner; Mary Scherling, Cass County Commissioner; Tony Grindberg, Cass County Commissioner and

Rodger Olson, Cass County Joint Water Resource District.

Member(s) absent: John Strand, Fargo City Commissioner and Larry Seljevold, Moorhead City Council.


Mayor Mahoney called the meeting to order at 3:30 PM. Roll call was taken, and a quorum was present.



Mr. Campbell moved to approve the minutes from the March 2023, meeting and Mr. Ebinger seconded the motion. On a voice vote, the motion carried.



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



Mr. Campbell moved to approve the Consent Agenda and Mr. Ebinger seconded the motion. On a roll call vote, the motion carried.


Mr. Paulsen provided the following updates:


Speaking & Outreach Highlights

  • Cass County Electric: Construction updates provided on two days for different employee groups
  • Sandbag Cass: 21 volunteered with MFDA and Jacobs; more from RRVA
  • City of Moorhead: Presented on lands and flowage easements to executive session
  • KFGO-AM: Discussed project status with Joel Heitkamp
  • Township Meetings: Eagle, Wiser, Harwood and Raymond to provide project updates

Program Highlights

  • Completed Lower Otter Tail River Restoration Project funding agreement


Mr. Shockley did not have an update to report.


a. USACE Project Update

Ms. Williams provided the following USACE update:

1 Diversion Inlet Structure (DIS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Construction is 93% complete and remains on schedule.
Construction completion date is 7 June 2023. All 3 gates are in place. Schedule for remaining primary
2023: Complete install bridge and mechanical platform decks, operating machinery, seeding.
2024: Turf established.
2 Wild Rice River Structure (WRRS) – Construction
Structure includes 2-40 ft. wide Tainter gates. Construction is 91% complete and remains on schedule.
The construction completion date is 3 December 2023. River diverted through the engineered channel
on 31 March 2023. Remaining schedule:
2023: Control building, complete install of mechanical platform/vehicle service bridge, complete
install gate operating machinery, place dam embankment across river channel, seeding.
2024: Turf established.
3 I-29 Raise – Construction
Includes approximately 4 miles of interstate raise between County Roads 16 and 18. Construction is
74% complete and remains on schedule. Construction completion date is 1 January 2024. Most work
remains paused for winter. Paving of the mainline raise to be complete Summer 2023.
4 Southern Embankment – Reach SE-1 (Western Tieback) – Construction
Construction was completed 10 November 2022. O&M Manual being completed. Partial turnover to
the Diversion Authority for Operations and Maintenance occurred on 29 December 2022.
5 Red River Structure (RRS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Construction is 11% complete. Construction completion
date is 19 March 2026. Foundation pile driving is ongoing. Structural concrete pours are anticipated to
begin last week of April 2023.
6 Drain 27 Wetland Mitigation Project – Construction
Construction was completed 2 December 2022. Native plantings 5-year service contract was
advertised for bids on 1 February 2023. Contract award anticipated in May 2023.
7 Drayton Dam Mitigation Project Design – Construction
Construction is 54% complete. Removal of the existing dam planned for Summer 2023. Construction
completion is 30 September 2023.
8 Southern Embankment – Reach SE-2A – Construction
Construction is 12% complete. All work has paused for the winter. Scheduled completion date is 30
Sept. 2024.
9 Southern Embankment Design – All remaining reaches are being designed.
SE-1B: Final design review Aug 2023. Contract award: February 2024
SE-2B: BCOES review starts Apr 2023. Contract award: April 2024
SE-3: 65% review starts mid-Aug 2023. Contract award: January 2025
SE-4: 65% review starts late-June 2023. Contract award: April 2024
SE-5: 65% review starts late-July 2023. Contract award: January 2025
OHB Reach 43B: 95% review starts mid-July 2023 Contract award: February 2024

b. SWDCAI Project Update

Mr. Fuchs provided an update of the construction map that shows current work in progress, 30 and 60 day projected progress:

Design Submittal & Review Progress

  • Over 1,000 review cycles
  • 68 Approved Designs
  • 53 Utility
  • 15 Design
  • 90 Submittals In-Review

Construction Look Ahead

  • Reach 3
  • Excavating Channel


  • CR 4/31
  • I-29/BNSF/CR 81 Bypass

Drain Inlets

  • Drain 29 & 30

Maple River Aqueduct

c. Drone Footage

A drone video highlighting the progress that has been achieved since March was viewed.


Mr. Paulsen provided the following Communications update:


  • Faces of the Diversion: Brandi Aune (ASN support) released in April
  • Animated P3 101 released in April
  • Q1 Analytics: 343.4 hours viewed on MFDA YouTube

Media Relations:

  • Construction update on KFGO
  • WRRS coverage
  • Overland flooding story
  • I-29 construction coverage


a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

  • 7% completion in the Construction Footprint
  • 37% completion in the UMA Footprint
  • 6% of the parcels in the Southern Embankment have been acquired
  • 7% of the parcels in the Upstream Mitigation Area have been acquired
  • 72% of the Environmental Easements have been signed
  • 2% of the parcels in the Stormwater Diversion Channel have been acquired
  • 4% of the Oxbow-Hickson-Bakke levee
  • 100% MFDA constructed in-town levees and the Drayton Dam mitigation is completed

Key Activities

  • Continue negotiating settlement agreements for existing eminent domain actions
  • Received final ROW request from USACE for remaining portions of OHB Ring Levee
  • USACE approved our request to raise three roads in Zone 2 and map-out 9 properties from Zone 1
  • Batch #6 filing for eminent domain action was requested on 5 property owners
  • In the last month 6 parcels/5 landowners successfully closed
  • 44 farmland leases have been completed for the upcoming season (38 in ND, 6 in MN)


Finance Report

Mayor Dardis reported that the bills payable as of April 19, 2023, total $6,871,312 and the current net position is $165,863,660.

a. WP38A Recommendation to Accept Bid and Award

Mr. Barthel reported that the bid for property mitigation in the upstream mitigation area was approved, awarding the bid to Industrial Builders, the lowest bid at $473,000.


Mr. Peterson moved to award the bid to Industrial Builders and Mrs. Scherling seconded the motion. On a roll call vote, the motion carried.

b. Eide Bailly 2022 Financial Audit Notification Letter

Mr. Paulsen reported that the 2022 audit is being conducted and will be reported to the finance and board upon completion.


Mayor Mahoney asked that board members complete their reviews on Mr. Paulsen and send them back to Mr. Shockley ASAP so Mr. Paulsen’s 2022 performance evaluation can be completed.


The next meeting will be May 25, 2023.


Mr. Peterson moved to adjourn, and Mr. Campbell seconded the motion. The meeting adjourned at 3:54 PM.