Moorhead to ask court for access to Wilkin County sites


Nancy Edmonds Hanson
nancy.edmonds.hanson@gmail.com

The Moorhead City Council has passed a “resolution of necessity” authorizing the U.S. Corps of Engineers to conduct scientific testing on five parcels of land in Wilkin County – areas abutting the Red River whose owners have refused to permit access.
After a sometimes-contentious hour-long discussion with representatives of the F-M Diversion Project, the council voted, six to two, to authorize the access. The council added a request that the project staff attempt one more contact with Tim Ness, one of the four owners who continue to refuse permission; Ness, who lives in Sioux Falls, S.D., sent a lengthy letter expressing his opposition. At least one more of the four, David Ness, has stated his adamant opposition to letting the biologists and geologists onto his land under any circumstances.
If agreements to permit scientists access cannot be secured in the last-ditch negotiation requested by the council, the next step is for the city to take the access issue to Wilkin County District Court.
The five Wilkin parcels are among 80 properties on the Minnesota side of the Red River that the Corps must test and analyze to establish an environmental baseline. Another 345 sites are being tested on the North Dakota side.
Corps project manager Terry Williams explained the environmental data is being gathered in a series of slices across the river. Biotics – data on fish, clams, insects and other species – will be compared with similar studies made during and after the project’s completion to monitor impacts on the environment. Geomorphic surveying will focus on the physical environment, with scientists looking at rivers and streams to document their width, depth, velocity and how much water is discharging from the stream or river. Monuments (location pins) will be placed on each side of the river or tributary so that the Corps can ensure it is monitoring the same area on all surveys. The scientists arrive by boat, climbing up the bank and placing a “monument” – a short metal pin – for alignment of future assessments. Owners will receive notice of the visits 48 hours in advance.
Council member Heidi Durand expressed strong opposition. “It’s wrong, in my opinion, for our city to be bullying property owners in another county,” she said. “We are infringing on property owners’ right to say no.” She urged that project engineers find five different locations.
City attorney John Shockley explained that Minnesota statute specifies that the city is the only member of the Moorhead-Clay County Joint Powers Agreement authorized to take action. Clay County and the city began working on authorizations within their boundaries six months ago. In February, the MCCJPA asked the multi-county Buffalo-Red River Watershed District to communicate with Wilkin owners; it succeeded in receiving entry permits for three of the eight remaining parcels.
Council member Shelly Aasen Carlson noted that the surveys have benefit to the property owners as well as the overall project. “If anything does change, it can be assessed reliably, and they’ll be compensated,” she noted.
Council member Chuck Hendrickson concurred: “This is about checks and balances. It ensures that the Diversion Authority is not impacting landowners without retribution. They need to meet all federal and state requirements, and the plan goes above and beyond that. This is all about protecting the environment and the landowners along the river.”
He added, “This is the most non-intrusive survey process I’ve ever seen. It will cause the landowners no inconvenience at all. It’s for the public good.”
The final vote was six to two, with Durand and Shelly Dahlquist voting no.

Street projects move forward
The council moved forward with three street projects, including a pair held over from their earlier April session to allow more time for citizen input.
The first “yes” vote addressed to the paired projects. The larger of the two is along 12th Avenue South from Fourth Street to 20th Street South, then across the intersection with five railroad tracks to Southeast Main Avenue. The plan includes street reconstruction and resurfacing, pedestrian improvements, bicycle access and the railroad crossing – something that assistant city engineer Tom Trowbridge said may finally make a long-requested whistle-free crossing possible. Because part is within the detour for the 20-21st Street underpass, that portion will not be completed until 2021.
The second part of the joint project focuses on resurfacing parts of Sixth and Seventh Avenues North plus several blocks of 18th and 20th Streets, along with replacing curb and gutter and adding some ADA enhancements. The two projects, with total costs of $6.8 million, will be financed with a combination assessments, a general obligation bond, and $1.8 million in federal funding for the 12th Avenue South section, which is considered a major arterial roadway.
Council members discussed the timing of the projects. Council member Dahlquist expressed strong concern that residents in her Ward 1 were being “hit again” with assessments for the north-side project. “They always seem to get hit,” she stated. “There are a lot of retired and working people in the neighborhood.” She also cited economic uncertainties surrounding the coronavirus pandemic.
Several members argued that the time is right for the projects. “If we postpone them, we’ll lose our federal grant,” Carlson said. “Interest rates are low, and contractors are looking for work.” She and Hendrickson pointed out that assessments will not be set until later this year at the earliest, providing another chance to review them.
The third project, a stand-alone, was also approved. Planned for this summer, it addresses resurfacing sections of Fourth and Fifth Avenue South and 12th and 13th Streets north of the Minnesota State University Moorhead campus. Trowbridge noted that the neighborhood was older: “We don’t even know much about the roads prior to 1955 because our records were thrown out.” Project cost is estimated at $800,000.

Golf contract awarded
Without debate, the council approved awarding the food and beverage contract for the Village Green Golf Course and The Meadows to Andy Skatvold and Kjerbeesten LLC, doing business as 99 Bottles and Urban Foods Catering. It was one of two companies that bid on the contract after last year’s concessionaire, Bachman Catering LLC, resigned in March.

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