FM Diversion Board Of Authority Meeting – April 28, 2022

April 28, 2022
3:30 pm - 4:45 pm
Agenda
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Minutes

1. Call to Order

  • a. Roll Call of Members

2. Approve minutes from March 24, 2022 [Attachment 00.01] (Pg. 3)

3. Approve Order of Agenda

CONSENT AGENDA – APPROVE THE FOLLOWING:

  • a. Finance Report [Attachment 01.00] (Pg. 7)
  • b. Voucher Approval [Attachment 02.00] (Pg. 29)
  • c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 39)
    • i. JT Lawn Service, New Services Agreement [Attachment 03.01] (Pg. 41)
  • d. DA Board Approval 2022 Cash Budget Changes – Nothing for Approval

REGULAR AGENDA:

  • 4. Executive Director Report [Attachment 04.00] (Pg. 44)

5. General Counsel Update

  • a. Resolution Requesting that Cass County Acquire Road Rights of Way for SWDCAI – Phase 1 [Attachment 05.00] (Pg. 47)

6. USACE Project Update –

7. Public Outreach Update

8. Land Management Updates

  • a. Property Acquisition Status Report [Attachment 06.00] (Pg. 85)

9. Finance Update

  • a. Rural Impact Mitigation Program Loan [Attachment 07.00] (Pg. 97)
  • b. City of Fargo 2022 Work Plan [Attachment 08.00] (Pg. 99)

10. Other Business

  • a. MFDA Common Terms Describing the Comprehensive Project [Attachment 09.00] (Pg. 116)

11. Next Meeting: May 26, 2022

12. Adjournment

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Fargo City Hall Commission Chambers
225 4th St. North
Fargo, ND 58102
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A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on April 28, 2022. The following members were present: Chad Peterson, Cass County Commissioner; Bernie Dardis, Mayor, City of West Fargo; Dr. Tim Mahoney, Mayor, City of Fargo; Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner; Arlette Preston, Fargo City Commissioner; Mary Scherling, Cass County Commissioner; Rick Steen, Cass County Commissioner and Rodger Olson, Cass County Joint Water Resource District.

Members absent: Shelly Carlson, Mayor, City of Moorhead; David Ebinger, Clay County Commissioner; Kevin Campbell, Clay County Commissioner and Larry Seljevold, Moorhead City Council.

1. CALL TO ORDER

Mr. Peterson called the meeting to order at 3:32 PM. Roll call was taken, and a quorum was present.

2. APPROVE MINUTES FROM THE MARCH 2022 MEETING

MOTION PASSED

Dr. Mahoney moved to approve the minutes from the March 2022, meeting and Mr. Hendrickson seconded the motion. On a voice vote, the motion carried.

3. APPROVE ORDER OF AGENDA

MOTION PASSED

Dr. Mahoney moved to approve the order of the agenda and Mr. Piepkorn seconded the motion. On a voice vote, the motion carried. 

CONSENT AGENDA

MOTION PASSED

Mr. Steen moved to approve the consent agenda and Mayor Dardis seconded the motion. On a roll call vote, the motion passed.

4. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen provided the following current events update:  

Media Highlights & Events

  • P3 Water Summit presentation
  • ND DOT Conference presentation – Available to watch at https://youtu.be/oI_JbOvvM4s
  • ND Legislative Briefing
  • Tour for Joint NDASCE & NDSPE Conference 

Major Project Accomplishments

  • Approval of the SRF Funding Clean Water Loan – $51.634 Million
  • Major website improvements – check them out!

P3 Updates

  • NTP2 is estimated for June 2022
  • New Groundbreaking Ceremony date scheduled for August 9, 2022

USACE Updates

  • P3 Coordination Meetings

5. GENERAL COUNSEL UPDATE

Mr. Shockley provided an overview and summary outlining the purpose and necessity for the resolution requesting that Cass County acquire road rights of way for SWDCAI-Phase 1.

MOTION PASSED

Mr. Piepkorn moved to approve the resolution as presented by Mr. Shockley and Mr. Hendrickson seconded the motion. On a roll call vote, the motion carried.

6. USACE PROJECT UPDATE

Mr. Bakkegard provided the following USACE project update and narrated the drone video that was shown.

1 Diversion Inlet Structure (DIS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction remains on schedule. Required completion date is 7 June 2023. Schedule for primary features:

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 (WRRS) – Construction

Structure includes 2-40 ft. wide Tainter gates. Construction remains on schedule. The required completion date is 20 October 2023. Schedule for primary features:

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 between County Roads 16 and 18. Construction remains on schedule. IBI in process of demolishing the CR18 interchange. The mainline raise will 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, southwest of the Diversion Inlet Structure location. Construction is ahead of schedule. Required completion date NLT 18 July 2023.

5 Red River Structure (RRS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction contract was awarded to Ames Construction, Inc on 14 March 2022 for $114,897,115. Required completion date is 19 March 2026. The preconstruction meeting was held 26 April.

6 Drain 27 Wetland Mitigation Project – Procurement

Bid Opening: 1 March 22. Contract Award: 1 May 2022.

7 Drayton Dam Mitigation Project Design – Procurement

Bid Opening: 14 April 22 Contract Award: 30 May 22

8 Southern Embankment – Reach SE-2A – Procurement

Bid Opening: 21 April 22 Contract Award: 31 May 22

9 Southern Embankment Design – Reaches SE-1B, 2B, 3, 4 and 5

SE-1B: 95% review complete. Signoff pending SE-2B: 65% review starts July 2022

SE-4: 35% review starts July 2022 SE-3 and 5: Conceptual design continues

10 Additional 2022 Activities

Support P3 design/construction of the diversion channel. Forest and cultural mitigations. Complete pre-project geomorphology surveys. Emergency Action Planning. Water Control Manual.

7. PUBLIC OUTREACH UPDATE

Ms. Willson provided the following update on the public outreach/communications efforts:

Recently Completed

Videos:

  • DIS gates
  • Faces of the Diversion: Lisa Brekkestran
  • First 2022 drone footage

Website: All existing content updated

Collateral Materials: Mike Rowe pitch piece

Social Media: Added scheduling tool

Public Information: Updated info on City of Fargo website

Coming Soon

Website: All existing content updated

Videos:

  • Faces of the Diversion: Lisa Kilde
  • Faces of the Diversion: Rodger Olson
  • Lands Update

Conferences/Meetings:

  • Association of State Floodplain Managers, May 15-19
  • Financing America’s Infrastructure, May 24-25

Save the NEW Date!

Diversion Channel Groundbreaking 2 p.m. Tuesday, August 9, 2022

8. LAND MANAGEMENT UPDATE

Mr. Dodds reported that approximately 800 parcels have been acquired and negotiations are underway with the UMA parcels. The flowage easement letters were mailed last month and approximately 24 have been agreed upon.

9. FINANCE

a. Rural Impact Mitigation Program Loan

Ms. Smith reported that the finance committee approved an additional $10 million to the RIMP budget to provide benefits to the approximately 15 affected farmsteads and asked the Board for final approval. Ms. Smith indicated that there will be no impact to the 2022 cash budget.

MOTION PASSED

Dr. Mahoney moved to approve the additional $10 million to the RIMP budget and Mr. Piepkorn seconded the motion. On a roll call vote, the motion carried.

b. City of Fargo 2022 Work Plan

Mr. Bakkegard provided an update on the progress and budget changes on the in-town projects currently being bid by the City of Fargo. The City is requesting that the Authority review and approve the estimated amounts prior to when the bids are received to allow for them to award the bids prior to the next Authority Board meeting.

FM-19-C (Phases 1 and 2): 2018 Estimate = $13,055,000; 2022 Engineer’s Estimate = $10,037,060

Estimated Cost Reduction = ($3,017,940)

FM-22-C1: 2018 Estimate = $5,782,000; 2022 Engineer’s Estimate = $9,242,000

Estimated Cost Increase = $3,460,000

FM-22-B1: 2018 Estimate = $3,146,000; 2022 Engineer’s Estimate = $1,727,000

Estimated Cost Reduction = ($1,419,000)

Total 2022 Estimated Cost Reduction of the Three Projects = ($976,940)

Mr. Bakkegard proposed that the current estimates be approved with the following motion:

Per the “Resolution Approving the Procedure for Requesting that the City of Fargo Undertake Development of Comprehensive Project In-Kind Work Elements and Authorizing the Reimbursement of Such Development Costs and Expenses” I move to approve the Development Plan Summary Sheets and the Estimated Total Project Costs for the three City of Fargo project to begin construction in 2022. The three projects include Project No. FM-19-C – Woodcrest Flood Risk Management, Project No. FM-22-C1 – Storm Sewer Lift Stations #55 & #56 Reconstruction, and Project No. FM-22-B1 – Storm Sewer Lift Station #15 Modifications.

MOTION PASSED

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

10. OTHER BUSINESS

a. MFDA Common Terms Describing the Comprehensive Project

Mr. Paulsen shared an updated list of combined project terms. It is for reference only and will be updated and re-distributed periodically.

11. NEXT MEETING

The next meeting will be May 26, 2022.

12. ADJOURNMENT

Mr. Steen moved to adjourn, and Mr. Hendrickson seconded the motion. The meeting adjourned at 4:28 PM.