08-13-2015
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Flood Diversion Board of Authority—July 9, 2015 2 <br /> <br /> <br />5. ADMINISTRATIVE/LEGAL UPDATE <br />Lawsuit update <br />Attorney Erik Johnson provided an update regarding lawsuits filed by the Richland-Wilkin Joint <br />Powers Authority. An injunction order was issued by the Federal District Court on May 13th to stop <br />construction on the OHB levee. The Diversion Authority requested a stay on the injunction, which <br />was denied by the judge. The City of Oxbow requested to intervene as a party to the lawsuit along <br />with the Diversion Authority, which the judge granted. The Diversion Authority has asked the Court <br />to clarify the injunction order as it relates to construction of homes in Oxbow, and is awaiting a <br />decision from the judge. Mr. Johnson said briefs will be submitted to the court throughout the <br />summer on the main case involved with the lawsuit. <br /> <br />Mr. Vanyo said the Diversion Authority is following the injunction ruling. He said when the <br />injunction was issued, eight homes were under construction. Closings have been completed on <br />two of the homes. <br /> <br />6. TECHNICAL UPDATE <br />Recommended Contract Actions Summary <br />Mr. Spiller discussed one Authority Work Directive (AWD) with Houston Moore Group (HMG) <br />totaling $20,000 as follows: <br /> <br /> HMG AWD-00050 R0—services during bidding for WP-42F.1S (Flood Control, 2nd Street <br />North, South of Pump Station 2 Station-Phase 42F.1S) of the in-town levees project in the <br />amount of $20,000. <br />MOTION, passed <br />Mr. Pawluk moved and Mr. Piepkorn seconded to approve HMG AWD-00050 <br />R0 and recommend approval of the appropriation of funds for the task order <br />by the Dakota Metro Flood Board in the amount of $20,000. On roll call vote, <br />the motion carried unanimously. <br /> <br />7. PUBLIC OUTREACH UPDATE <br />Committee report <br />Mr. Olson said the Public Outreach Committee met July 8th. He said the State Water Commission <br />is in town today taking a tour of the in-town levee work. Daron Selvig from AE2S provided an <br />update on the e-newsletter and website, which continue to generate public interest. <br /> <br />Business Leaders Task Force <br />Mr. Dawson said the task force met this week and received an update from Senator John <br />Hoeven’s staff. There was an update on the Minnesota EIS and discussion on the injunction <br />issued on the OHB levee and its impact on area contractors and home builders. <br /> <br />8. LAND MANAGEMENT UPDATE <br />Mr. Mahoney said the Land Management Committee met earlier this afternoon and discussed <br />topics including: <br /> <br />CCJWRD update <br />Mark Brodshaug referred to the handout regarding land acquisitions completed through June 30, <br />2015, which includes completed acquisitions, budget figures, and completed negotiations. He <br />said clarification on the OHB levee injunction is needed in order for construction to continue on <br />replacement homes in Oxbow. He said the closing was held on the Park East apartment complex, <br />and 13 occupied apartments remain. He said a security firm will patrol the building until it is <br />demolished, which will likely occur in late fall. He said prior to demolition of the homes in the El
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