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<br />2 <br /> <br />the MFDA and the City to cooperate and work in good faith to implement a flood control <br />project to protect the City against any adverse flood impacts of the Metro Flood Diversion <br />Project. The MFDA also entered into a Memorandum of Understanding with the City of <br />Christine regarding the flood control project for the City. <br /> <br />Ms. Smith said the MFDA stands by and is committed to what was outlined in the <br />Settlement Agreement and Memorandum of Understanding; however, the City of <br />Christine has not yet completed or delivered the required submittals to the MFDA for the <br />flood control project. As such, to achieve on-time completion for operation of the Metro <br />Flood Diversion Project, in accordance with state permit requirements, the MFDA must <br />begin the process of acquiring flowage easements within and around the City of Christine. <br /> <br />To maintain the Metro Flood Diversion Project timeline, the MFDA has notified the City of <br />Christine and the impacted landowners that the Cass County Joint Water Resource <br />District is proceeding with the process to purchase flowage easements starting in <br />February. The MFDA has arranged for an informational meeting for property owners at <br />7 p.m. on February 21, 2024, at the Christine Community Center. Land agents and MFDA <br />representatives will be in attendance to provide information to landowners. Ms. Smith <br />said invitations have been sent to property owners and the Board is welcome to attend <br />the meeting. <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 />regarding the following parties and matters: <br />It was moved by Manager Gust and seconded by Manager Weston to close the meeting <br />at 8:13 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. Darwin and Sandra Duval (OIN 1912); and <br />2. Cass County Joint Water Resource District v. Dale L. Hamilton and Roxanne <br />D. Whittaker, et al., Civ. No. 09-2023-CV-00243 (OINs 1949, 1956, and 5036) <br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed, Weston, and <br />Gust. Manager Steen was absent. The motion carried unanimously. <br /> <br />The executive session was attended by Managers Olson, Lougheed, Weston, and Gust, <br />Melissa Hinkemeyer, Leilei Bao, Carolyn Fiechtner, Sean Fredricks, Chris McShane, Luke <br />Andrud, Rob Stefonowicz, Jodi Smith, Madeline Daudt, Sabrina Tusa, Duane Breitling, <br />Mary Scherling, Ken Helvey and Katie Laidley. <br /> <br />The executive session adjourned at 8:37 a.m. and the regular meeting was reconvened <br />and opened to the public. <br /> <br />