City assists in west-side business development

Negotiates sewer line agreement to help build assisted-living facility

[October 16, 2008]  At this week's Lincoln City Council meeting, on Tuesday evening, members continued a discussion that was begun a couple of months ago. The city is being asked to take over a section of privately owned sewer line in Lincoln's west-side business section.

St. Clara's Manor is planning to build an assisted-living facility behind the old Wal-Mart building on Woodlawn Road. A gravity-fed sewer line that could be used for the new development is located under the parking lot that is owned by Lincoln Town Center, LLC. The line, located next to and just west of Kroger, runs northward to lift stations on the north side of Woodlawn Road.

St. Clara's administrator, Frank Shepke, was on hand to answer questions. Shepke said that the integrity of the line has been checked and that the size of the line would provide what is needed by the new facility. "We've had the line pressure-tested and televised at our expense, and both those reports were forwarded to the city engineer and department," he said. Also, the line is not that old, having been put in about 1992.

City attorney Bill Bates said that he has been working with the shopping center's attorney on an agreement in which the city would be provided an easement to service the line and then would become responsible for the sewer line's repairs and maintenance. There were numerous issues to resolve, and the lawyers have been tackling those one at a time.

The city engineer, Mark Mathon, and the city sewer manager, Dave Kitzmiller, were consulted on the plans throughout the process.

A conceptual agreement was ready for council members to weigh in on, and the final contract could be ready for approval by Monday evening's voting session, Bates said.

Issues that needed clarity:

• What if the line would need to be moved, such as to build another building?
  
  The line would need to be reinstalled as a gravity-fed line and continue to meet city specifications. If the replacement line was not a gravity-fed line, it would require a new lift station.
  
  Various members of the council agreed that the city cannot be responsible for the cost of adding a new lift station. Alderman Buzz Busby commented that new lift stations cost about a quarter-million dollars.
  
  The current plan would not affect either of the two lift stations, Zion or K-Mart, that currently serve the area.

• Who would be responsible for any incidents relative to the easement area and resulting in legal claims?
  
  This was negotiated that the shopping center would carry liability insurance and the city would pick up any uncovered claims.
  
  Details of repairs, maintenance and response time, and potential damage responsibility were some of the other points to be worked out.
  
  The city would be allowed a 15-day response time for necessary repairs, and this would be extended if needed, if there was a continued show of progress.

Shepke acknowledged that the lawyer for Lincoln Town Center was dogged. And Bates conceded, "We are light-years from where we started."

Also considered was what the effect would be when and if the hospital builds its facility. The line would probably be of sufficient size that the hospital could use it as well. However, the hospital would be responsible if an additional lift station would be needed.

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