FM Diversion Board Of Authority Meeting – November 16, 2023

November 16, 2023
3:30 pm - 4:45 pm
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1. Call to Order

  • a. Roll Call of Members

2. Approve minutes from October 26, 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. 30)
  • c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 43)
    • i. Beaver Creek Archaeology, New Master Services Agreement
      [Attachment 03.01] (Pg. 45)
    • ii. JT Lawn Services, New Master Services Agreement [Attachment 03.02] (Pg. 47)
    • iii. WP-52C, Change Order 2 [Attachment 03.03] (Pg. 49)


4. Executive Director Report
[Attachment 04.00] (Pg. 51)

5. General Counsel Update

6. Construction Project Updates

  • a. USACE Project Update
    [Attachment 05.00] (Pg. 53)
  • b. SWDCAI Project Update
    [Attachment 06.00] (Pg. 55)
  • c. Project Safety Update
    [Attachment 07.00] (Pg. 56)
  • d. Drone Footage Video

7. Communications Team Update

8. Land Management Update

  • a. Property Acquisition Status Report
    [Attachment 08.00] (Pg. 57)

9. Finance Update

10. Other Business

  • a. City of Fargo South University Floodwall Repair
    [Attachment 09.00] (Pg. 63)

11. Next Meeting: December 14, 2023

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 November 16, 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; David Ebinger, Clay County Commissioner; Kevin Campbell, Clay County Commissioner; Mary Scherling, Cass County Commissioner; Tony Grindberg, Cass County Commissioner; Rodger Olson, Cass County Joint Water Resource District and Larry Seljevold, Moorhead City Council.

Member(s) absent: Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner and John Strand, Fargo City Commissioner.


Mayor Mahoney called the meeting to order at 3:31 PM. Roll call was taken, and a quorum was present.



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



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



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


Mr. Paulsen provided the following updates:


Presentations & Events:

  • DIS turnover celebration
  • 3 presentations and a project tour for MN ASFPM Conference
  • Presentations to groups from Norman County High School and Horace High School
  • American Council of Engineering Companies of ND presentation


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 99% complete. Construction completion date is currently estimated to be in December 2023 due issues related to the gate machinery. Schedule for remaining primary features:

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 91% complete. The construction completion date is 3 December 2023. Completing construction of eastern earthen dam. Remaining schedule:

2023: Dam embankment, seeding.

2024: Turf established.

3 I-29 Raise – Construction

Includes approximately 4 miles of interstate raise between County Roads 16 and 18. Construction is 94% complete. Traffic was switched to all new lanes on 1 November. Current construction completion date is 1 January 2024.

4 Red River Structure (RRS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction is 42% 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. Seeding has commenced. Completion date is 1 December 2027.

6 Drayton Dam Mitigation Project Design – Construction

Construction is 99% complete. All placement in the river is complete. Willow plantings in 2024 during low water conditions. Construction completion is 20 November 2023.

7 Southern Embankment – Reach SE-2A – Construction

Construction is 68% complete. Embankment construction shutting 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: BCOES review complete …………………………… Contract award: February 2024

SE-2B: BCOES reviews 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: BCOES review 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-22 (Bypass)
  • Raymond Township South Drain Inlet
  • Channel Reach 9
  • CR-14 (Surcharge Embankments – off alignment)

30 to 60 Day Outlook

  • Main channel excavation (will continue throughout the Winter months – in reaches already started)

Misc. Updates

  • Diversion Outlet – boulder weir placement is now under-way
  • BNSF – Prosper shoofly is now active, Hillsboro shoofly track installation is under-way
  • CR-4/31 Crossing – pile driving is now under-way
  • Maple River Aqueduct – foundation work continues, nearing first concrete placement
  • SWDCAI Map Legend – updated to reflect additional progress as features become functional and completed (work in progress for future months)

c. Project Safety Update

Mr. Bakkegard reiterated the safety statistics for the period September 1-30, 2023. Current stats will resume again in January.

d. Drone Footage Video

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


Ms. Willson provided the following Communications update:


  • Faces of the Diversion: Greg Yavicoli, ASN Constructors
  • Animation: Preparations for winter excavation

Media Relations+:

  • Engineering News Record piece published
  • Widespread coverage of DIS turnover
  • Chamber Advertorial expected November/December Bridge

Coming Soon:

  • 2023 Year in Review pieces


a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

  • 2% completion in the Construction Footprint
  • 9% completion in the UMA Footprint
  • 3% of the parcels in the Southern Embankment have been acquired
  • 9% of the parcels in the Upstream Mitigation Area have been acquired
  • 8% 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 23 parcels (8 MN, 15 ND) / 11 landowners (4 MN, 7 ND)
  • 17 parcels / 4 landowners are scheduled to close in November
  • Sent Last Written Offer letters to 51 landowners in MN and received acceptance from 4 landowners so far
  • On November 6, 2023, the Horace City Council voted unanimously to withdraw their purchase of the BNSF rail corridor, CCJWRD and MFDA properties
  • First preference letters related to the sale of 2 sets of Excess Lands were mailed to the Member Entities in accordance with the MFDA’s Policy on the Disposition and Management of Comprehensive Lands


Finance Report

Mayor Dardis reported that the bills payable totaled $3,004,240, and the current net position is $199,983,872. Mayor Dardis also reported that all three of the contracting actions that were presented were unanimously approved.


City of Fargo South University Floodwall Repair

Mr. Paulsen introduced the resolution that was approved by the finance committee and board in January 2022, outlining the procedure for requesting that the City of Fargo undertake development of comprehensive project in-kind work elements and authorize the reimbursement of such development costs and expenses.


Mayor Dardis moved to continue going forward with the design of the floodwall repair, to be paid by the City of Fargo contingencies, not to exceed $165,000. Mr. Campbell seconded the motion and on a roll call vote, the motion carried.


Mr. Campbell moved not to table item 10 a (the above-referenced resolution) but to defer it back to the finance committee for further discussion and evaluation. Mrs. Scherling seconded the motion and on a roll call vote, the motion carried.


The next meeting will be December 14, 2023.


Mrs. Scherling moved to adjourn, and Mr. Ebinger seconded the motion. The meeting adjourned at 4:40 PM.