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<br />
<br />Metro Flood Diversion Project – Executive Session for purposes of discussing
<br />contract negotiation strategies, litigation strategies, and attorney consultation
<br />regarding reasonably predictable litigation and ongoing contract negotiations
<br />related to right of way and property acquisitions necessary to accommodate the
<br />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 />It was moved by Manager Gust and seconded by Manager Weston to close the meeting
<br />at 9:28 a.m. for the purposes of discussing contract negotiation strategies, litigation
<br />strategies and attorney consultation regarding reasonably predictable litigation and
<br />ongoing contract negotiations related to right of way and property acquisitions necessary
<br />to accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent. Code
<br />§§ 44-04-19.1(2), (5), and (9) regarding the following parties and matters:
<br />1. Terry Compson and Kay Compson as Trustees of the Terry Compson and Kay
<br />Compson Revocable Trust Under Agreement Dated February 10, 2009 (OINs
<br />9332 and 9359); and
<br />2. Brodshaug Cass County Farms, LLLP (OINs 1929, 1930, 1932, 1940, 1941,
<br />821, 828, 829, 840, 841, 849, 856, 857, 1904, 1918, 1944, 1951, 1970, 1971,
<br />1972, 1973, 1998, 2000, 1930, 1932, 1940, 1941, 8517, and 8518).
<br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed, Weston, Gust
<br />and Steen. The motion carried unanimously.
<br />
<br />The executive session was attended by Managers Olson, Lougheed, Weston, Gust, and
<br />Steen, Melissa Hinkemeyer, Carolyn Fiechtner, Sean Fredricks, Chris McShane, Luke
<br />Andrud, Katie Schmidt, Jodi Smith, Madeline Daudt, Jessica Warren, Eric Dodds, Dean
<br />Vetter, Sabrina Tusa, Duane Breitling, Ken Helvey, Katie Laidley, Dale Ahlsten and Oly
<br />Olafson.
<br />
<br />The executive session adjourned at 9:47 a.m. and the regular meeting was reconvened
<br />and opened to the public.
<br />
<br />Metro Flood Diversion Project – acquisition review / approval
<br />Chairman Olson asked if any members of the Board wished to offer any motions regarding
<br />the following matter:
<br />
<br />Terry Compson and Kay Compson as Trustees of the Terry Compson and
<br />Kay Compson Revocable Trust Under Agreement Dated February 10, 2009
<br />(OINs 9332 and 9359).
<br />
<br />The Board previously entered into a Purchase Agreement with the Compsons dated
<br />January 17, 2020, regarding the acquisition of various property interests to accommodate
<br />the Comprehensive Project, including fee simple acquisition and temporary construction
<br />easement rights regarding OINs 9332 and 9359. However, under the Agreement, the
<br />parties recognized the U.S. Army Corps of Engineers had not finalized right of way
<br />drawings for the Southern Embankment and that the Board may have to acquire
<br />additional fee simple acres and additional temporary construction easement rights from
<br />the Compsons regarding OINs 9332 and 9359 once the Corps, the Diversion Authority,
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