FM Diversion Board Of Authority Meeting – December 14, 2023

December 14, 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 November 16, 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. 31)
  • c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 47)
    • i. Program Advisory Services Agreement TO 2, Amendment 1
      [Attachment 03.01] (Pg. 50)
    • ii. WP-38C Master Agreement for Construction Services – Gordon Construction
      [Attachment 03.02] (Pg. 53)
    • iii. WP-38C Master Agreement for Construction Services – Hough Inc.
      [Attachment 03.03] (Pg. 55)
    • iv. WP-38C Master Agreement for Construction Services – Industrial Builders
      [Attachment 03.04] (Pg. 57)
    • v. WP-38C Master Agreement for Construction Services – Schmidt & Sons
      [Attachment 03.05] (Pg. 59)
    • vi. WP-52B Change Order 1 – Schmidt & Sons
      [Attachment 03.06] (Pg. 61)
  • d. MOUs and Agreements [Attachment 04.00] (Pg. 63)
    • i. Clay County & MFDA MOU [Attachment 04.01] (Pg. 65)
    • ii. Cass County & MFDA Forest Mitigation Agreement [Attachment 04.02] (Pg. 105)
    • iii. Fosse & MFDA Bridge Removal Agreement [Attachment 04.03] (Pg. 190)


4. Executive Director Report
[Attachment 05.00] (Pg. 198)

5. General Counsel Update

6. Construction Project Updates

  • a. USACE Project Update
    [Attachment 06.00] (Pg. 202)
  • b. SWDCAI Project Update
    [Attachment 07.00] (Pg. 204)
  • c. Project Safety Update
    [Attachment 08.00] (Pg. 205)
  • d. Drone Footage Video

7. Communications Team Update

8. Land Management Update

a. Property Acquisition Status Report
[Attachment 09.00] (Pg. 206)

9. Finance Update

  • a. 2024 Version 3 Cash Budget
    [Attachment 10.00] (Pg. 212)

10. Other Business

  • a. City of Fargo South University Floodwall Repair

11. Next Meeting: January 4, 2024 – Special Board Meeting
January 25, 2024 – Regular Board Meeting

12. Adjournment

Attend This Meeting

Fargo City Hall Commission Chambers
225 4th St. North
Fargo, ND 58102
Get Directions

Live Viewing Options

Turn your TV channel to Fargo 56 Live

Stream the meeting on The City of Fargo Youtube Channel.

701-296-6904 access code 4378

See full minutes

A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on December 14, 2023. The following members were present: Dr. Tim Mahoney, Mayor, City of Fargo; Bernie Dardis, Mayor, City of West Fargo; Shelly Carlson, Mayor, City of Moorhead; Chad Peterson, Cass County Commissioner; 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; John Strand, Fargo City Commissioner and Larry Seljevold, Moorhead City Council.

Member(s) absent: Chuck Hendrickson, Moorhead City Council and Rodger Olson, Cass County Joint Water Resource District.


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



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



Mayor Carlson moved to approve the order of the agenda and Mr. Grindberg seconded the motion. On a voice vote, the motion carried.



Mr. Strand 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:


Presentations & Events:

  • ND Land Surveyors Conference Fall Education Seminar
  • 60th Annual Joint North Dakota Water Convention and Irrigation Workshop

Coming Soon:

  • O&M meetings with member entities in January 2024


2023 Year In Review Infographic Horizontal


There was no general counsel update.


a. USACE Project Update

Ms. Williams provided the following project update:

1 Diversion Inlet Structure (DIS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction is 99% complete. Construction completion date is currently estimated to be after December 2023 due issues related to the gate machinery.

Schedule for remaining work:

2023: Complete operating machinery corrections.

2024: Turf established.

2 Wild Rice River Structure (WRRS) – Construction

Structure includes 2-40 ft. wide Tainter gates. Construction is 92% complete. The construction completion date of 3 December 2023 was not met due to work remaining. Construction of eastern earthen dam embankment is complete. Remaining schedule:

2023: Punch list items and repairs.

2024: Turf established.

3 I-29 Raise – Construction

Includes approximately 4 miles of interstate raise between County Roads 16 and 18. Construction is 96% complete. Traffic was switched to all new lanes on 1 November. Current construction completion date is 1 January 2024; turf established 30 June 2024. Planning for O&M documents and turnover is ongoing.

4 Red River Structure (RRS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction is 47% complete. Construction completion date is 19 March 2026. Placing concrete for abutments, piers, approach and retaining walls, dentated end sills, and stilling basins. Completion date is 19 March 2026.

5 Drain 27 Wetland Mitigation Project Plantings – Construction

Native plantings 5-year contract awarded 17 May 2023. Remaining seeding to occur Spring 2024. Completion date is 1 December 2027.

6 Drayton Dam Mitigation Project Design – Construction

Construction is complete. Turnover to MFDA for O&M occurred on 28 Nov 2023. Willow plantings in 2024 during low water conditions.

7 Southern Embankment – Reach SE-2A – Construction

Construction is 68% complete. Embankment construction shut down for the winter, with 1/3 built to full height and remaining to elevation 918. Scheduled completion date is 30 September 2024.

8 Southern Embankment Design – All remaining reaches are being designed.

SE-1B: Design is complete……………………………… Contract award: February 2024

SE-2B: Design is complete …………………………………… Contract award: January 2024

SE-3: 95% review starts March 2024 ……………………… Contract award: January 2025

SE-4: 95% review starts Jan 2024 ………………………….. Contract award: May 2024

SE-5: 95% review starts Jan 2024 ………………………….. Contract award: January 2025

OHB Reach 43B: Design is complete …………………… Contract award: March 2024

b. SWDCAI Project Update

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

New Features Under Construction

  • CR-16/17

30 to 60-Day Outlook

  • Main Channel Excavation
  • Reach 1
  • Reaches 4/5
  • Reaches 6/7

Work Continuing (Weather Permitting)

  • Drain 30 & Berlin Township Drain Inlets
  • Structure Foundation Work
  • CR-4/31 Crossing
  • CR-32 Crossing
  • Maple River Aqueduct – Flume/Conduit Structure
  • Drain 14C Inlet
  • 38th Crossing

Misc. Updates

  • Levee Embankment – Complete for 2023
  • Diversion Outlet – Connection Made to Red River

c. Project Safety Update

Mr. Bakkegard provided the safety update for the period October 1 – October 31, 2023. There were five minor incidents and one recordable incident. Mr. Bakkegard also noted that ASN received a safety award from the Association of General Contractors at a banquet this month.

d. Drone Footage Video

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


Ms. Willson provided the following Communications update:

2023 Snapshot

  • 15% increase in newsletter subscribers
  • 4% increase in Facebook followers
  • 136% increase in YouTube subscribers
  • 94% increase in YouTube video views
  • 2K Twitter impressions to date
  • 1,373.6 hours of project videos watched
  • 65% best newsletter open rate
  • 17% best newsletter click-through rate
  • 7K LinkedIn impressions
  • 4K website sessions
  • 228 project media hits logged
  • 8,985 LinkedIn engagements


a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

  • 7% completion in the Construction Footprint
  • 4% completion in the UMA Footprint
  • 9% of the parcels in the Southern Embankment have been acquired
  • 4% of the parcels in the Upstream Mitigation Area have been acquired
  • 9% of the Environmental Easements have been signed
  • 6% 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
  • In the last month, successfully closed 10 parcels / 1 landowner (note, another 10 parcels were closed in November, but we’re awaiting final paperwork)
  • 5 parcels / 4 landowners are scheduled to close in December
  • The Last Written Offer deadline passed for properties in MN with 8 landowners accepting the offers so far
  • Second preference letters related to the sale of Excess Lands along SE-1 will be mailed in early December to the former owners of the property, in accordance with the MFDA’s Policy on the Disposition and Management of Comprehensive Lands


Finance Report

Mayor Dardis reported that the bills payable through December 6, 2023, totaled $9,171,394, and the current net position is $218,046,162. Mayor Dardis also reported that all the contracting actions were unanimously approved, and the preliminary budget will be presented at the January meeting along with the 2024 cash budget.

a. 2024 Version 3 Cash Budget

Mr. Paulsen reported that there have been no changes since the last meeting and it is anticipated that the final budget will be presented for approval at the January meeting.


City of Fargo South University Floodwall Repair

Mr. Paulsen reported that the South University floodwall repair will be addressed at the January meeting. He also noted that there is no insurance in place that would cover repair.

Mr. Boerboom has contacted the State Water Commission to set up a meeting regarding potential funding of the repair but, to date, has not heard back.


A special board meeting will be held on January 4, 2024.

The next board meeting will be January 25, 2024.


Mrs. Scherling moved to adjourn, and Mr. Peterson seconded the motion. The meeting adjourned at 4:02 PM.