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Council hears update on regionalization grant setbacks and water-line dispute with neighboring city
Summary
Council received updates that FEMA BRIC funding for a regional project was canceled, that appraisals and easement work continue, and that a disputed leak on a supply line from the City of Bismarck has prompted legal correspondence and an estimated repair cost of about $30,000.
Council members received several updates from city staff and the city attorney on regionalization, grant funding, appraisals, easements and a water-supply dispute with a neighboring municipality.
Regionalization and BRIC grant: The mayor and staff reported that the city's BRIC (Building Resilient Infrastructure and Communities) grant application was canceled by FEMA and that staff are working with state and federal delegates to seek alternatives. Mayor's remarks noted that the project began planning in 2019 and the city has been pursuing multiple grant rounds; staff said they will continue outreach to legislators and expect to have more information at a future meeting.
Engineering, appraisals and easements: The attorney reported progress on easement mapping and appraisal work needed for an unnamed utility project and advised that the city is moving forward with the contractor already under contract to finish appraisal tasks to avoid delay. The council authorized sending an RFP for engineering services (see separate item) to align consultants and contracts ahead of July 1 renewal dates.
Water-supply leak and interlocal dispute: The city attorney reported an active dispute with the City of Bismarck about responsibility for repairing a leak on the supply side of a meter. Bismarck's position, as reported by the attorney, questioned whether a second connection had been mutually approved when installed; Lincoln's position is that the meter and connection were in place and that Lincoln had paid for water delivered. Staff said an initial repair estimate for the leak is roughly $30,000. The city attorney said he has opened a dialogue with Bismarck's counsel and recommended continued negotiation; litigation remains a possibility if an agreement cannot be reached.
Other legal matters: The attorney said an EEOC claim previously filed against the city was accepted by the North Dakota Insurance Reserve Fund, which provided outside counsel; that attorney is gathering materials and will represent the city in that matter. The city is also reviewing a weight-restriction ordinance passed by Apple Creek Township to assess whether the township exceeded its authority by applying vehicle-type restrictions tied to axle weight, which the city attorney described as potentially discriminatory and legally vulnerable.
Why it matters: The loss of BRIC funding delays resilience work and could shift project timelines or local match requirements; the water-line dispute could require the city to pay repair costs or negotiate cost-sharing, and legal claims raise potential liability and administrative workload.
Next steps: Attorney to continue negotiations with Bismarck counsel and report back; staff to finish appraisal and easement work and return with updates on funding and next milestones.
