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<br />3 <br /> <br />Metro Flood Diversion Project – Executive Session for purposes of discussing <br />contract negotiation strategies, litigation strategies and attorney consultation <br />regarding ongoing litigation and ongoing contract negotiations related to right of <br />way and property acquisitions necessary to accommodate the Metro Flood <br />Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9) <br />It was moved by Manager Gust and seconded by Manager Steen to close the meeting at <br />9:07 a.m. for the purposes of discussing contract negotiation strategies, litigation <br />strategies and attorney consultation regarding ongoing litigation and ongoing contract <br />negotiations related to right of way and property acquisitions necessary to accommodate <br />the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), <br />(5), and (9) regarding the following parties and matters: <br />1. Cass County Joint Water Resource District v. Glenn Libbrecht, et al., Civil File <br />No. 09-2020-CV-03935 (OINs 698, 945, 9741, 9756, 9757, 9758, 9759, and <br />9760) <br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed, Weston, <br />Gust and Steen. The motion carried unanimously. <br /> <br />The executive session was attended by Managers Olson, Lougheed, Weston, Gust and <br />Steen, Carol Harbeke Lewis, Melissa Hinkemeyer, Sean Fredricks, Chris McShane, Luke <br />Andrud, Katie Schmidt, Joel Paulsen, Jodi Smith, Jessica Warren, Dean Vetter, Sabrina <br />Tusa and Ken Helvey. <br /> <br />The executive session adjourned at 9:30 a.m. and the regular meeting was reconvened <br />and opened to the public. <br /> <br />Manager Steen left the meeting at this time. <br /> <br />Metro Flood Diversion Project – acquisition review / approval continued <br />It was moved by Manager Lougheed and seconded by Manager Gust to approve and <br />authorize the Chairman to sign the Exchange Agreement and Purchase Agreement for <br />OINs 698, 945, 9741, 9756, 9757, 9758, 9759 and 9760 regarding the Metro Flood <br />Diversion Project. Upon roll call vote, the following Managers voted in favor: Olson, <br />Lougheed, Weston and Gust. Manager Steen was absent. The motion passed. <br /> <br />Metro Flood Diversion Project – land agent reports <br />Oly Olafson, Dale Ahlsten and Ken Helvey reported on activities, meetings and <br />discussions with various property owners regarding the Metro Flood Diversion Project. <br /> <br />Metro Flood Diversion Project – property management <br />It was moved by Manager Gust and seconded by Manager Lougheed to approve the <br />relocation and replacement housing payment for OINs 1112 and 1113 as outlined in the <br />letter dated June 6, 2023, regarding the Metro Flood Diversion Project. Upon roll call <br />vote, the following Managers voted in favor: Olson, Lougheed, Weston and Gust. <br />Manager Steen was absent. The motion carried. <br />