Jill Schramm/MDN Construction continues on the Fourth Avenue floodwall Tuesday near Third Street Northeast. Plans to continue the flood wall east of Third Street are having to be revamped.

Fifteen homes and seven commercial properties would be affected by a proposed re-design of the Souris River flood protection project east of Third Street Northeast. A presentation on the re-design Tuesday left Minot City Council members frustrated and, at least in one case, “seething” over the situation described as “unfortunate.”

Frustration and anger were directed at Burlington Northern Santa Fe Railroad, which disappointed the city with its position regarding flood protection that impacts its tracks near downtown Minot.

The $47 million cost for an original project design from Third Street to 13th Street Northeast ballooned to $129 million, in large part to satisfy BNSF’s desires, according to the city. To cover the $50 million it was short to fund the higher cost, the city and Souris River Joint Board sought a $25 million grant from the U.S. Department of Transportation and was hoping for a matching amount from BNSF. The USDOT was willing to give $18 million, which was rejected after BNSF offered only $2 million because the project still would face a shortfall of $30 million.

The alternative has been to re-design the project to cut costs while still satisfying the railroad. The proposed re-design is estimated at $75 million but requires more property acquisition. The council won’t take action until after a public hearing on the re-design to be held the evening of Feb. 10 in Roosevelt Elementary School.

“This is not our preferred alternative,” council member Shannon Straight said. “We need dance partners to play to make this thing affordable. The team has worked tirelessly to keep this out of lawsuit territory. We’ve seen what’s happened on the eastern part of the state and how that’s elevated costs. This is no fun for any of us to have to hear, but I wanted to get it out to the public because of the fact that this is on BNSF. I’m frustrated. I’m angry to hear it, but it’s important that the public be aware that this is not our preferred alternative.

“I am not beneath shaming to find a way to get our dance partner to pay for some of the work,” he added. “I am going to be seething going forward.”

BNSF responded Wednesday to say, “We understand the importance of the project to the community where many of our own employees and their families live. We were clear from the beginning, however, that the flood control project does not provide the benefit to our railroad to warrant the substantial contribution asked of us. … we offered a modest contribution because of our corporate commitment to communities we serve. There have always been and remain other alternatives that don’t cross our two main line railroad tracks. … We’ll continue as we have been, working with the community on its flood control project and have offered to assess alternative options for viability.”

Jerry Bents with Houston Engineering, which is working on the design, said BNSF and the city agreed on the conceptual alignment, but the railroad wanted rail line raised in areas where closure structures were proposed. Raising the rails would require raising the Third Street Viaduct and existing rail bridges.

“That’s really what escalated our project costs,” Bents said. “We just have felt that the project has just simply become too expensive.”

The modified plan differs in that, instead of crossing the tracks coming to the south side, the project would stay on the north side of the tracks, heading east. In order to allow a floodwall to be constructed on the north side of the rail yard, properties would have to be acquired to accommodate the relocation of Railway Avenue to the north.

The project re-design eventually switches to earthen levee. A pump station and detention pond would be built on the east end as well. There would be an upgrade to the pedestrian access underpass on the west end and elimination of an existing pedestrian bridge.

If eventually approved by the council, the re-design could be ready for project construction either in late 2021 or early 2022, Bents said.

“It is very unfortunate that we’re going to be looking at acquiring homes that were not flooded because of the secondary levee from 2011,” Mayor Shaun Sipma said. “But given the circumstance of what we have before us in this substantial cost differentiation, I think it is the option that we have to go with.”

Council member Paul Pitner said the cost challenges indicate how important it is for communities in the basin to come together to see the project through.

“We need everybody on deck. Every little bit counts. Small holes sink big ships. So, we got a $30 million hole that just got poked,” he said. “I find it somewhat concerning that just when we see these costs come to the forefront, maybe not everyone’s paying their fair share.”

“I don’t think we presume to take any action until we have heard what this community has to say. This is a very dramatic change,” council member Josh Wolsky said. “I’m very curious to hear what the response will be to an extra $30 million, to some very significant additional costs – social costs in terms of acquisitions for our citizens.”

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Flood risk maps coming soon

Updated flood risk maps from the Federal Emergency Management Agency are expected to be released soon, setting up a timeline that could have new flood insurance rates in place for the Souris River Basin early next year.

Minot City Engineer Lance Meyer told the Minot City Council Tuesday that it is estimated FEMA will publish updated maps in the Federal Register within the next two months.

In June 2017, FEMA issued its preliminary flood insurance rate maps. The city submitted comments, and working through that process has delayed the map implementation by more than a year and a half, Meyer said. However, the process is continuing, and the publication of the maps will start a 90-day appeal period. If the city doesn’t appeal, the city would receive a Letter of Final Determination in late summer or early fall.

Once in receipt of the letter, the city has up to six months to pass an ordinance to adopt the official regulatory map. Meyer said if that timeline is followed, maps would be adopted sometime around February 2021.

“We recommend getting flood insurance just because when these maps go effective, if you have a flood insurance policy in place, you will be grandfathered into that lower rate zone. If you don’t do that, and your mortgage company would require you to have insurance, you will pay the actuarial rate, which can be several thousand dollars a year,” Meyer said.

Residents who have flood insurance when maps take effect will see incremental rate changes over time.

People who have questions about whether their properties are in the high-risk zones can call the Engineering Department at 857-4100. For questions about insurance, contact an insurance professional.