FM Diversion Board Of Authority Meeting – October 26, 2023

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A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on October 26, 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; Chuck Hendrickson, Moorhead City Council; David Ebinger, Clay County Commissioner; John Strand, Fargo City Commissioner; Kevin Campbell, Clay County Commissioner; Dave Piepkorn, Fargo City Commissioner; Mary Scherling, Cass County Commissioner;

Rodger Olson, Cass County Joint Water Resource District and Larry Seljevold, Moorhead City Council.

Member(s) absent: Shelly Carlson, Mayor, City of Moorhead and Tony Grindberg, Cass County Commissioner.

1. CALL TO ORDER

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

2. APPROVE MINUTES FROM THE SEPTEMBER 2023 MEETING

MOTION PASSED

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

3. APPROVE ORDER OF AGENDA

MOTION PASSED

Mr. Ebinger moved to approve the order of the agenda as amended to remove items 8b., and 10a., and Mr. Peterson seconded the motion. On a voice vote, the motion carried.

CONSENT AGENDA

MOTION PASSED

Mr. Strand moved to approve the Consent Agenda, items a. through d., and Mr. Hendrickson seconded the motion. On a roll call vote, the motion carried.

4. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen provided the following updates:

Happenings

Presentations & Events:

• ND Emerging Prairie: Curiosity Week – Panel Presentation
• National Academy of Construction Award Presentation
• Storm Surge Task Force – Discussions
• Hosted reporter from Engineering News Record

5. GENERAL COUNSEL UPDATE

Mr. Shockley did not have an update to report.

6. CONSTRUCTION PROJECT UPDATES

a. USACE Project Update

Colonel Swenson provided the following USACE update:

1 Diversion Inlet Structure (DIS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction is 98% complete. Construction completion

date is currently estimated to be in December 2023 due issues related to the gate machinery. Sill

beam repairs ongoing. Schedule for remaining primary features:

2023: Complete operating machinery install, seeding.

2024: Turf established.

2 Wild Rice River Structure (WRRS) – Construction

Structure includes 2-40 ft. wide Tainter gates. Construction is 95% complete and remains on schedule.

The construction completion date is 3 December 2023. Constructing eastern earthen dam and bridge

deck and remaining earthwork continues. Remaining schedule:

2023: Bridge deck, 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

90% complete. Borrow ditch bridges are complete. Traffic to be switched to all new lanes by 1

November. Current construction completion date is 1 January 2024.

4 Southern Embankment – Reach SE-1 (Western Tieback) – Construction

Construction was completed 10 November 2022. Partial turnover to the Diversion Authority for

Operations and Maintenance occurred on 29 December 2022. Final O&M Manual being prepared.

5 Red River Structure (RRS) – Construction

Structure includes 3-50 ft. wide Tainter gates. Construction is 37% complete. Construction completion

date is 19 March 2026. Concrete placements for approach wall foundations and abutments ongoing.

Constructing temporary bridge across the Red River. Completion date is 19 March 2026.

6 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.

7 Drayton Dam Mitigation Project Design – Construction

Construction is 95% complete. All placement in the river is complete. Willow plantings in 2024.

Construction completion is 20 November 2023.

8 Southern Embankment – Reach SE-2A – Construction

Construction is 68% complete. Embankment construction ongoing with 1/3 built to full height.

Scheduled completion date is 30 September 2024.

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

SE-1B: BCOES review complete …………………………… Contract award: February 2024

SE-2B: BCOES review complete …………………………… Contract award: April 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 starts Oct 2023 ……. Contract award: February 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-20
• Channel Reach 8
• I-94
• 32ndAve

30 to 60 Day Outlook

• Raymond Township Drain Inlets*
• Channel Reach 9*
• CR-22, CR-14, CR-16/17 Crossings*
• *Weather permitting

Misc. Updates

• Diversion Outlet –starting placement of boulder weirs
• I-29 Bypass –4 lanes open to traffic by 11/1
• BNSF Prosper Subdivision Rail Line –BNSF installing shoefly track
• Total channel excavation surpassing 14 million CY to date

c. Project Safety Update

Mr. Bakkegard provided an update on the safety statistics for the period September 1-30, 2023, and noted that there was one recordable event.

d. Drone Footage Video

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

7. COMMUNICATIONS UPDATE

Ms. Willson provided the following Communications update:

Videos:

• Faces of the Diversion: Yehuda Ken-Dror, ASN Constructors
• Contributed to NAC Award video
• Update on BNSF, CR and interstate crossings

Media Relations+:

• Engineering News Record piece expected 11/13/23
• The Forum: Project update (10/2/23) & Recreation Task Force (10/22/23)
• Chamber Advertorial expected November/December

Coming Soon:

• November newsletter: winter prep focus
• Faces of the Diversion: Greg Yavicoli, ASN Constructors
• Winter preparations for excavating video

8. LAND MANAGEMENT UPDATE

a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

• 8% completion in the Construction Footprint
• 6% completion in the UMA Footprint
• 7% of the parcels in the Southern Embankment have been acquired
• 6% of the parcels in the Upstream Mitigation Area have been acquired
• 6% 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
• In the last month, successfully closed 16 parcels / 4 landowners
• Received authorization to send Last Written Offer letters for property rights in MN parcels to maintain construction schedule
• Approved the first plat of project lands in Wiser Township for the Diversion Channel
• Approved three declarations of Excess Lands, and began the process to dispose of Excess Lands following policy

9. FINANCE UPDATE

Finance Report

Mayor Dardis reported that the bills payable totaled $20,688,626, and the current net position is $218,921,233. Mayor Dardis also reported that Mr. Paulsen and Mr. Barthel presented version 2 of the 2024 draft cash budget and indicated that the final cash budget will be presented to the board in December.

10. OTHER BUSINESS

There was no other business to report.

11. CLOSED EXECUTIVE SESSION

MOTION PASSED

Mr. Peterson moved to go into executive session and Mayor Dardis seconded the motion. On a roll call vote, the motion carried, and members retreated to the Red River Room at 4:00 PM.

12. NEXT MEETING

The next meeting will be November 16, 2023.

13. ADJOURNMENT

A quorum returned to the Chambers at 4:55 PM; the meeting adjourned at 4:58 PM.