FM Diversion Board Of Authority Meeting – July 28, 2022

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

1. Call to Order

  • a. Roll Call of Members

2. Approve minutes from June 23, 2022 [Attachment 00.01] (Pg. 3)

3. Approve Order of Agenda

CONSENT AGENDA – APPROVE THE FOLLOWING:

  • a. Finance Report [Attachment 01.00] (Pg. 6)
  • b. Voucher Approval [Attachment 02.00] (Pg. 30)
  • c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 44)
    • i. Sprint Communications Company, L.P., Task Order 1 Amendment 0 [Attachment 03.01] (Pg. 46)
    • ii. Schmidt and Sons, WP50F, Change Order 01 [Attachment 03.02] (Pg. 48)
    • iii. Affinitext, New Agreement [Attachment 03.03] (Pg. 50)

REGULAR AGENDA:

4. Executive Director Report [Attachment 04.00] (Pg. 52)

5. General Counsel Update

  • a. BNSF, Preliminary Engineering Agreement Amendment 1 [Attachment 05.00] (Pg. 54)

6. USACE Project Update –

7. Public Outreach Update

8. Land Management Update

  • a. Property Acquisition Status Report [Attachment 06.00] (Pg. 60)
  • b. Finance Update
  • c. Updated City of Fargo Work Plan for Projects Bid in 2022 [Attachment 07.00] (Pg. 72)

9. Other Business

  • a. MFDA 2021 Audit Report and Governance Letter [Attachment 08.00] (Pg. 80)

10. Next Meeting: August 25, 2022

11. 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 July 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; Shelly Carlson, Mayor, City of Moorhead; Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner; David Ebinger, Clay County Commissioner; John Strand, Fargo City Commissioner; Mary Scherling and Rick Steen, Cass County Commissioners; Rodger Olson, Cass County Joint Water Resource District and Larry Seljevold, Moorhead City Council.

Member absent: Kevin Campbell, Clay County Commissioner.

1. CALL TO ORDER

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

2. APPROVE MINUTES FROM THE JUNE 2022 MEETING

MOTION PASSED

Mr. Steen moved to approve the minutes from the June 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 as amended, removing item 6., USACE project update, and Mr. Ebinger seconded the motion. On a voice vote, the motion carried.

CONSENT AGENDA

MOTION PASSED

Dr. Mahoney moved to approve the consent agenda Mr. Ebinger seconded the motion. On a roll call vote, the motion passed.

4. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen provided the following update:  

Media & Event Highlights

  • Riverkeepers Board tour
  • ND Water Joint Summer Meeting presentation and tour
  • Launched first in series of LinkedIn articles

Major Project Accomplishments

  • Property settlements achieved with 18 property owners covering 45 parcels in the past 6 months

P3 Updates

  • Productive meetings with RRVA
  • Groundbreaking save the date messages sent

5. GENERAL COUNSEL UPDATE

a. BNSF Preliminary Engineering Agreement Amendment

Mr. Shockley provided an overview and summary of the proposed agreement with BNSF. The agreement would provide a project engineer employee dedicated to complete various design review and research tasks regarding the flood mitigation plan and potential impacts on rail operations and maintenance.

MOTION PASSED
Mayor Carlson moved to approve the BNSF agreement as presented and Mr. Piepkorn seconded the motion. On a roll call vote, the motion carried.

 6. USACE PROJECT UPDATE

There was no update in Ms. William’s absence.

7. PUBLIC OUTREACH UPDATE

Ms. Willson provided the following public outreach update and a drone video of Drain 27 and the in-town work that is underway was viewed.

The Diversion Current: Distributed Issue 2 on July 7

Groundbreaking Time Change: 11 a.m. August 9, 2022

Videos:

Summer Construction Update published

Finance education video scripted

CURRENT Events video shorts starting

8. LAND MANAGEMENT UPDATE

a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

  • Property settlements achieved with 18 property owners covering 45 parcels in the past 6 months
  • 5% of the parcels in the Channel have been acquired
  • 76% of the parcels in the Southern Embankment have been acquired
  • 19% of the parcels in the upstream mitigation area have been acquired
  • 71% of the environmental easements have been signed
  • A reminder letter was sent earlier in the month to property owners who have not negotiated their flowage easements

9. FINANCE UPDATE

Mayor Dardis reported that the finance committee approved all the contracting actions that were presented. He also reported that our net position is $135,013,500 and the Eide Bailly audit was distributed for review and will be presented at the August meeting.

MOTION PASSED

Mayor Dardis moved to approve the finance committee report and Mr. Strand seconded the motion. On a roll call vote, the motion carried.

10. OTHER BUSINESS

Mr. Paulsen gave an overview of the updated City of Fargo Work Plan for projects bid in 2022 and Chair Peterson asked for a motion to approve the plan.

MOTION PASSED

Mr. Piepkorn moved to approve the 2022 City of Fargo Work Plan and Mr. Ebinger seconded the motion. On a roll call vote, the motion carried.

11. NEXT MEETING

The next meeting will be August 25, 2022.

12. ADJOURNMENT

Mr. Steen moved to adjourn, and Mr. Ebinger seconded the motion. The meeting adjourned at 3:51 PM.