Metro Flood Diversion Authority

The February meeting included the approval of the agenda following the removal of item 9B, which was tabled. Key discussions involved the Executive Director's update, highlighting recent trips to St. Paul and Bismarck to advocate for funding and meet with officials, and thanking a departing employee for her service and her team's work on property rights acquisition, noting nearly 60% of required flow easements are attained in the Upstream Mitigation Area. General Counsel updated the board on the repeal of the outdated 2015 detention funding policy manual, aligning with the 2021 settlement agreement criteria regarding meaningful impact reduction for future detention projects, and noted the reconstitution process for the Technical Dispute Resolution Board following resignations. Construction updates covered the completion of the third gate assembly at the Red River structure, the award of contracts for the final Southern Embankment reach and two Forest mitigation contracts, and ongoing channel excavation (nearing 33 million cubic yards moved). Commercial aspects of the P3 noted that compensation events and change requests are being processed, though movement on technical disputes is paused pending the DRB reconstitution. Land Management reported significant progress in property rights acquisition, with nearly all land needed for the construction footprint secured, and nearly 60% attainment in the Upstream Mitigation Area flow easements. Communications reported on recent media coverage regarding construction progress, the welcome of the new Executive Director, and the Federal funding freeze.

The meeting commenced with roll call, confirming a quorum was present, although the chair arrived slightly late. Key discussions included approving minutes from the December 16th and January 3rd meetings. The agenda order was approved after clarifying that items F and G were moved to the consent agenda. The board then proceeded with nominations and elected Kevin Campbell as Vice Chair and reappointed Ms. Lingbom as Secretary. A significant update involved the executive director reporting on the appropriation of $437 million in federal funding via the Jobs Bill for Corps of Engineers work, requiring subsequent discussions with the Corps regarding funding packaging and implementation strategies. The board also discussed updates on the P3 projects, focusing on coordination with RVA and progress toward notice to proceed. Furthermore, there was a review of the financial plan update, including reassessing the risk register using a Monte Carlo simulation, as the last assessment was in 2018. Discussions also covered changes to the communications strategy as the project moves into implementation and the ongoing work to finalize utility MOUs and settlement agreement commitments related to cemetery mitigation and permanent flood protection projects. Board members engaged in a discussion regarding the risk associated with summertime flooding and spring melt, noting the resiliency added by upgraded pump stations and the availability of a no-cost summertime crop loss insurance product for upstream producers.

The Land Management Committee meeting addressed the election of a new chair and vice chair. Key agenda items involved considering the sale of excess land parcels from the former rail corridor in Horus (Parcels O839 and O1080). For Parcel O839, the committee considered approving a sale price of $7,000 for the property, which was lower than the original recommendation. For Parcel O1080, the committee reviewed a correction regarding the acreage calculation, resulting in a revised recommended sale price of $33,000 per acre instead of the initial calculation. For agenda item 8 (Parcels O7234 B, C, and D), the committee discussed declaring the parcels as excess land and approving a variance to the existing policy to sell the entire stretch to the City of Horus, which had expressed interest for public use purposes, despite feedback from adjacent landowners. A motion to table the discussion on item 8 due to concerns about policy adherence and pending negotiations ultimately failed for lack of a second.

The Land Management Committee meeting addressed several key agenda items. The committee approved the agenda and the minutes from the September 30th meeting. A significant portion of the discussion focused on the Property Acquisition Status Report, noting that 414 parcels have been acquired to date, with 12 last resort eminent domain actions filed. The committee also heard a recommendation to sell a horse barn facility and associated property in northern Ridgeland County, proposing an online-only auction method. Finally, there was an update on the FEMA Conditional Letter of Map Revision (CLOMR) approval, which facilitated outreach to approximately 360 upstream property owners across four mitigation zones, assigning individual land agents for acquisition next steps.

The meeting addressed the approval of the agenda and the consent agenda. A significant portion of the discussion centered on the employment agreement for Mr. Jason Benson, the Co-Deputy Executive Director, detailing at-will employment terms, specific job duties aligned with governance policies, a one-year automatically renewing term, a salary of $220,000 with cost of living adjustments, expense reimbursement restrictions (excluding spousal travel), provision of a laptop and cell phone, and acknowledgments regarding attorney-client privilege and open records requests. The evaluation section was modified to align with board governance procedures. Project updates were provided, noting that construction sites were preparing for winter shutdowns. Key progress included the installation of a radial arm gate at the Red River structure, reaching 70% completion, and ongoing work on embankments and roadway preparations for future roundabouts near the HSG Park joint venture. Safety reporting noted an audit shift in totals and a burn injury that will be officially reported next month. Financial updates indicated over $5 million spent to date against the 2025 cash budget, forecasting over $235 million in payments for the upcoming year. A lengthy discussion addressed the progress with FEMA regarding data gathering, technical reviews, and the timeline for properties to be pulled out of flood zones, with an optimistic certification estimate of 2030, though acknowledging potential delays up to 2032. Dispute resolution remained on hold pending a ruling from the North Dakota Attorney General.