Lincoln, Illinois
August 4, 2008
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, August 4, 2008.
Mayor Davis-Kavelman called the regular City Council Meeting to order at 7:15 p.m. City Clerk Ms. Riggs called the roll. There were seven Aldermen present (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), two absent (Alderman Anderson and Alderman Armbrust), and one seat vacant. Department Heads present were Safety and Building Officer Mr. Last, Assistant Fire Chief Martin, EMC Manager Mr. Kitzmiller, Street Superintendent Mr. Jackson, City Engineer Mr. Mathon and Police Chief Erlenbush. Also present were City Clerk Ms. Riggs, City Treasurer Mr. Plotner, Assistant City Attorney Mr. Blinn Bates, and Mayor Davis-Kavelman.
Those present recited the Pledge of Allegiance to the Flag led by Alderman Horn.
Mayor Davis-Kavelman called for the Presentation of the Minutes:
Alderman Neitzel made a motion to approve the Regular City Council Meeting Minutes of July 21, 2008 and Alderman Busby seconded it. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Sidewalk Petition for 620 Grand Avenue by Better Horn (work to be done by and at the expense of the city)
Alderman Hoinacki said I move to approve the Sidewalk Petition for 620 Grand Avenue by Betty Horn with the final dimensions to be at the discretion of the Street Superintendent with the work done at city's expense and Alderman Rohlfs seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Sidewalk Petition for 302 Park Place by Joy Gray (work to be done by and at the expense of the city)
Alderman Hoinacki said I move to approve the Sidewalk Petition for 302 Park Place by Joy Gray and also the removal of the front apron and hitching post with the final dimensions to be at the discretion of the Street Superintendent with the work done at city's expense and Alderman Rohlfs seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
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August 4, 2008; Page 2
Petition to close 100 Block of South Kickapoo Street from Friday, August 22 to 24, 2008 for Art of Wine Event by David Lanterman, Main Street Lincoln
Alderman Horn said I move to approve the Petition to close 100 Block of South Kickapoo Street from Friday, August 22 to Sunday, August 24, 2008 for Art of Wine Event by David Lanterman, Main Street Lincoln and Alderman Busby seconded it. Mayor Davis-Kavelman said I just wanted to mention they are also looking for sponsors for this if anyone's interested in helping with that. City Clerk Ms. Riggs called the Roll Call. There were six yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, and Alderman Tibbs), zero nays, one abstention (Alderman Rohlfs), and two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Petition for the replacement of a sign at Zion Lutheran School by Richard "Ivan" Ray
Alderman Rohlfs said I move to table Petition for the replacement of a sign at Zion Lutheran School and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Mayor Davis-Kavelman asked for the Presentation of Communications:
City Clerk Ms. Riggs read a letter from Comcast.
Oral Comments on Real Estate Taxes by Alderman Busby
Alderman Busby said since the real estate taxes were paid around the first of July by the majority of people. I've had a, probably 25 30 or even more individuals approach me and say city taxes are too high. I broke this down long before anybody approached me on it because I do it every year to find out where our taxes really go up. I've just taken a round figure if you paid real estate taxes of $3,000.00 you would pay the city $378.90, of that $378.90, $188.31 goes to the pension fund which is mandated by the state so the actuality of the whole thing is that the city only gets for their own use $190.59. The county tax would be $269.10. The pension fund would be $70.18 actual county money used would be $198.92. They are about $8.00 higher than the city but the striking example that I ran into was the Park District. Your tax on $3,000.00 would be $256.20 their pension fund is $18.51 which leaves them actual money to use $237.69. That's almost $50.00 more than the city gets for actual use. Heartland Community College increase of almost 14% this year the school system is 58.85% so when people say the city taxes are high I doubt it. I mean I don't want to raise taxes but we are in dire need and I am not asking for a tax increase on anything because I doubt that we can I think we're at max right now on our levy the max. That's all I have to say Mayor.
Mayor Davis-Kavelman said I agree I think people say that all the time and they don't realize where all their tax dollars are going. Thank you very much for that.
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August 4, 2008; Page 3
Alderman Neitzel said while we are under communications I want to acknowledge a lady in our audience tonight. She is Camille Springer and asked Ms. Springer to stand. I work with Camille on ATOD (Alcohol Tobacco and Other Drugs) Commission and she is with the Chestnut Health Systems of Bloomington and she is here tonight just to see how our City Council operates. We welcome Camille.
Mayor Davis-Kavelman asked for the Presentation of Bids:
Bids for Security Updates at City Hall
Alderman Tibbs said I move to remove this from the agenda the bids for security updates at City Hall and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
The Mayor then asked for the Presentation of Ordinances and Resolutions:
Ordinance Rezoning Real Estate to I-1 located in the City of Lincoln, Logan County, Illinois
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Committee’s Report. City Clerk Ms. Riggs read the Committee’s Report. Alderman Rohlfs made a motion to accept the Committee’s Report and Alderman Prather seconded it. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried. Alderman Rohlfs said I move to approve the Ordinance Rezoning Real Estate from the I-2 heavy industrial to the I-1 light industrial located in the City of Lincoln, Logan County, Illinois and to waive the second reading and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried. Mayor Davis-Kavelman said Mrs. Schriber is there anything you'd like to say on that. Mrs. Schriber said just thank you.
The Mayor then asked for the Presentation of Claims, Presentations, Reading, Reference and Reports Thereon:
Alderman Neitzel made a motion by Roll Call to approve: Finance, Policy & Procedure, Sanitation, Insurance, and Grounds, Buildings & Local Improvements Committees' Reports by roll call and Alderman Horn seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
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Mayor Davis-Kavelman then asked for the Presentation of Official Reports:
City Clerk’s Report for July, 2008 was handed out this evening.
Mayor Davis-Kavelman asked for the Presentation of Special Reports:
City Clerk Ms. Riggs said there were no Special Reports to come before the City Council.
Mayor Davis-Kavelman asked for the Presentation of Unfinished Business:
City Clerk Ms. Riggs said there was No Unfinished Business to come before the City Council.
Mayor Davis-Kavelman asked for New Business:
Jetting Sewers at government facilities
Alderman Neitzel said I wish to take it off the table and Alderman Prather seconded it. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried. Alderman Neitzel said I make a motion to deny jetting sewers at the government facilities and Alderman Busby seconded it. Mayor Davis-Kavelman asked if there was any discussion on this issue.
Alderman Neitzel said I'd like to ask Mr. Kitzmiller a couple of questions on that jetting process. Have we always used that have we always done this the jetting process with government agencies.
Mr. Kitzmiller said no, not always approximately three years ago we did somewhere around the three year mark we changed the policy and at that time we changed the policy so that we would only use city equipment on city owned lines nothing private outside of that would have any city equipment in. Alderman Neitzel said if we use the jetting at government facilities would it also open up the possibility of residential also. Mr. Kitzmiller said in my opinion it would. Alderman Neitzel said ok is that the reason we stopped then.
Mr. Kitzmiller said the reason we stopped is because there were issues coming up we would go out and you know on city time at city expense we would help an individual out on a private sewer not any home services you know but private sewer mains and we may cause a problem. There may be a backup because of it there may be some type of damage because of it or our equipment was damaged and so because of those reasons is why we stopped.
Mayor Davis-Kavelman said I did want to add I was contacted by the individual that was petitioning for this to be done and then I talked with our City Attorney about it and he had said we were not going to do that on anyone who was staying on city property but then you think about some of the things you have to work with as an entity and back and forth and sometimes you need to do a little good will.
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Jetting Sewers at government facilities
Mayor Davis-Kavelman said I’m not saying we’re going to change what we’re saying here you’re the ones who vote on this but you see they’re closing some prisons in other places too so sometimes it’s kind of nice for one government agency to do something nice for another one. I just want you to think about it.
Alderman Busby said Mayor I believe the biggest thing against this and why that motion was made was because of liability. Mayor Davis-Kavelman said ok.
Alderman Busby said liability is the number one thing the only other way to go about it is to have an intergovernmental agreement whereby they would take the responsibility for any damage to our equipment to their mains or any injuries to EMC’s employees. I don’t think we would want to get into that.
Mayor Davis-Kavelman said right. Alderman Busby said I doubt if they would sign it.
Mayor Davis-Kavelman said I did want to mention to you real quick that City Attorney Mr. Bates did put an opinion in here that he sent in today. If you want me to read it to you I will read it to you but this is what he put in there regarding that issue. He says you know city has previously made a policy not to jet private lines due to the danger of damage to the lines during the jetting process. He went on to say that they can still claim the city did something wrong if there was damage to the line even though they had asked us and sought after us to repair it or help them with it. This could be damage to the line itself or backup into the house making an agreement to jet a line or lines owned by another municipal entity or governmental agency could be viewed a little differently if the Council so desires. We could enter into an intergovernmental agreement like Alderman Busby mentioned if there is some type of quid pro quo of course that is up to the Council but I think we could draft something that could protect the city. He was just saying that you know it was his opinion. She called on Alderman Hoinacki.
Alderman Hoinacki said I think these are some good ideas but I think maybe the original motion might be withdrawn and maybe continue to table this for some further discussion might be in order. That’s just a suggestion.
Alderman Prather said since I work for the government I would be abstaining on this if the motion was worded to city sewers outside city limits or off city property. Mayor Davis-Kavelman said if we specifically said where then. Alderman Prather said we all know where we’re talking about you mentioned prisons Alderman Hoinacki and I both work there. Mayor Davis-Kavelman said exactly and called on the Street Superintendent. Mr. Jackson said they are requesting mosquito spraying though now so I’ve told them I have to wait until after tonight to figure out what’s going on. Mayor Davis-Kavelman said so you go out there and do mosquito spraying and we also take chips out there and dump them on their property. Mr. Jackson said yes they pay for the chemical we spray.
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Jetting Sewers at government facilities
Mayor Davis-Kavelman said they pay for the chemical but they also there is back and forth just like we help the fairgrounds every year do things so but we don’t go jet their sewers I don’t believe. She called on Alderman Prather.
Alderman Prather said I think those are different services. Those are actual city services through city employees. What we’re talking about here with sewers is a private company a lot the equipment they own. I think we’re talking about two different things.
Mayor Davis-Kavelman said it’s our city property. Alderman Neitzel said its all city owned. Mayor Davis-Kavelman said I don’t see the difference so much except it’s just kind of helping each other you know cross.
Alderman Prather said I think the difference would be spraying, spraying for mosquitoes is different than going down and possibly damaging their equipment their sewer. You’re talking about a lot more liability than you are going out spraying bug spray or dropping off wood chips.
Mayor Davis-Kavelman said right and called on Alderman Rohlfs. Alderman Rohlfs said did you feel from the communication from Mr. Bates that he was saying that there was a possibility, in an intergovernmental agreement to somehow to take care of that liability so it wouldn’t be on the back of the city should something happen. Mayor Davis-Kavelman said right my verbal discussion with him last week or the week before he thought that would be sufficient and then he followed that up here today with an email stating that same issue same stance. Alderman Rohlfs said so there would have to be a response from the other party. Mayor Davis-Kavelman said we would have to ask him if they would be interested. Alderman Rohlfs said whether they would even be interested in doing that. Mayor Davis-Kavelman said yes Alderman Prather. Alderman Prather said maybe Alderman Hoinacki’s suggestion is good to table this. Mayor Davis-Kavelman said two weeks from now. Alderman Prather said so we find out if they are willing to do some kind of agreement. Mayor Davis-Kavelman asked Alderman Busby if he would withdraw his second. Alderman Busby said no. Alderman Prather called for the question. City Clerk Ms. Riggs called the roll call. There were two yeas (Alderman Busby and Alderman Rohlfs), three nays (Alderman Horn, Alderman Neitzel, and Alderman Tibbs), 2 abstentions (Alderman Hoinacki and Alderman Prather), and one seat vacant; motion failed. Alderman Prather said Mayor Davis-Kavelman the issue can be brought up again at a later time.
Mayor Davis-Kavelman said you will contact him and I will call him as well and tell him. Ok the motion was carried that the motion was denied.
City Clerk Ms. Riggs said no. Alderman Prather said motion was denied. Mayor Davis-Kavelman said ok he motioned not to do this and you said no go ahead and do this. Alderman Neitzel said no I. Alderman Prather said the no’s were to go ahead and continue. Mayor Davis-Kavelman said right so then we are going to continue and go ahead and do it for him.
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Jetting Sewers at government facilities
Alderman Busby said no. Mayor Davis-Kavelman said I’m confused now we had. Alderman Rohlfs said she moved to not do that. Alderman Prather said we moved to deny the petition. Mayor Davis-Kavelman said she moved to deny the petition. Alderman Busby said it was not passed so what’s your pleasure. Alderman Prather said the pleasure was to take it off the table and talk to the attorney. Alderman Tibbs said leave it on the table. Alderman Busby said if you’re going to leave it on the table make a motion to put it on the table. Alderman Neitzel said I make a motion to table it and Alderman Prather seconded it. Alderman Busby said point of order I don’t think Alderman Prather can second the motion. Alderman Prather said you’re right without changing the language of it. Mayor Davis-Kavelman said you’re right, correct who’s going to second this motion Alderman Horn. Mayor Davis-Kavelman called for roll call. City Clerk Ms. Riggs called the Roll Call. There were five yeas (Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Rohlfs, and Alderman Tibbs), one nay (Alderman Busby), one abstention (Alderman Prather), and two absent (Alderman Anderson and Alderman Armbrust); motion carried. Mayor Davis-Kavelman said we’ll bring it back in two weeks and possibly discuss it next week. Alderman Neitzel said I’ll see if I can get a hold of Jeff and see if they’ll. Mayor Davis-Kavelman said if they’re available to do an intergovernmental agreement and have Mr. Bates draft it.
Approval to go out for bids for backhoe for the Street Department
Alderman Tibbs said I move to approve to go out for bids for backhoe for Street Department and Alderman Rohlfs seconded it. Mayor Davis-Kavelman asked if there was any discussion. Ms. Riggs asked if they wanted to include. Alderman Busby said do you want to include the date. Mayor Davis-Kavelman said to have it returned. Ms. Riggs said August 26th. Alderman Tibbs said ok. City Clerk Ms. Riggs called the Roll Call. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Request from Don Hammer, Lincoln Speedway, Inc. in regard to show on October 10 & 11, 2008
Alderman Horn said I move to approve the request from Don Hammer, Lincoln Speedway, Inc. in regard to show on Friday, October 10 & Saturday, October, 11, 2008 and Alderman Tibbs seconded it. Mayor Davis-Kavelman asked if there was any discussion on this issue and she called on Alderman Tibbs.
Alderman Tibbs said thank you Mayor I think is a wonderful opportunity for our city it’s going to be a Friday and a Saturday a two day show. From the email I received from you that he is going to have 17 or $15,000.00 and $20,000.00 purses. It’s a two day which means we will have campers here. We’re going to have people staying in our hotel/motels, eating at our restaurants, etc. probably shopping our downtown.
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Request from Don Hammer, Lincoln Speedway, Inc. in regard to show on October 10 & 11, 2008
Alderman Tibbs said this will bring in a whole lot of people and I think this is a great opportunity for our city and I thank you very much. I know these two gentlemen do their very, very level best to bring the best here for us.
Alderman Prather asked what kind of show this was. Alderman Tibbs said this is going to be a two day race. Alderman Prather said I know but what special cars.
Mayor Davis-Kavelman said the outlaws or something. It’s going to be something pretty big here what did you say $15,000.00 and $20,000.00 purses both nights. She called on Alderman Rohlfs.
Alderman Rohlfs said I do have a question about I guess logistics time. It seems like when we have a committee meeting and it should be discussion did he not know until after the committee meeting last week that this would be something that they would be looking at doing.
Mayor Davis-Kavelman said no, he emailed me a while back and I printed it out and I don’t know what if I accidentally deleted it or what happened and I was going to have a copy made for everyone and I looked through all of my stuff and finally I called him and I said you need to go send it to me again. That’s what he did he resent it. I dropped the ball on it.
Alderman Rohlfs said so this is not something he knew about when he handed out the race schedule.
Mayor Davis-Kavelman said I don’t think so I give him that. I don’t think he this came up and it was an opportunity and he wanted to see if he could do it. I understand I mean this is continuous coming and asking and all this. She called on Alderman Prather.
Alderman Prather said I agree with Alderman Rohlfs that this is something that probably could have, couldn’t it have waited until next. Mayor Davis-Kavelman said well I think he even wanted to announce it at the fair this past week and like I said I thought I printed it out and I mean I did print it out. Alderman Prather said do we know for sure it’s the outlaws and you have it with you.
Mayor Davis-Kavelman said I don’t have it with me right now. Everyone got a copy we made extra copies too for those. It says we’re looking at the possibility of bringing a two day show October 10 & 11th to Lincoln Speedway. This event would pay, between $15,000.00-$20,000.00 to win, and could bring in excess of 5,000 people to spend their money. We put a race like this on at Farmers City at the beginning of the season and was a huge success and hopefully we can do the same here in Lincoln. We would have qualifying and heat races on Friday with the feature being on Saturday. Let me know if this can work. Thanks, Don Hammer. October 10 $ 11 will be Friday and Saturday correct.
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August 4, 2008; Page 9
Request from Don Hammer, Lincoln Speedway, Inc. in regard to show on October 10 & 11, 2008
Mayor Davis-Kavelman said Mr. Bates was concerned about the curfew hours as well. Alderman Busby said what are the hours? Mayor Davis-Kavelman said well that’s what we need to establish curfew hours here and make sure we have them set Friday and Saturday. Alderman Prather asked what they are Saturday nights now. Mayor Davis-Kavelman said 11 o’clock both nights 11 o’clock that’s what we’ve had it was Sundays that we dropped down to the 10:30. Alderman Neitzel said well it doesn’t interfere with school so that’s a good thing. Mayor Davis-Kavelman asked if there was any further discussion and she called on Alderman Busby. Alderman Busby said they’ll have to amend their motion. Mayor Davis-Kavelman said to include an 11 o’clock curfew and she called on Alderman Tibbs. Alderman Busby said they won’t for Saturday but they would for Friday. Alderman Tibbs said I withdraw my second. Alderman Horn said I will change that to include 11 o’clock curfew and Alderman Tibbs seconded it. Mayor Davis-Kavelman said and no minute past. Alderman Rohlfs said I will probably be voting no on this but it’s mainly because I feel when we start letting people come without presenting it at a committee meeting to the floor just a request to do something and we vote without having discussion at a committee meeting I’m opposed.
Mayor Davis-Kavelman said like I said before I dropped the ball on this. He gave it to me I printed it out I don’t know how why I somehow I don’t know where it’s at. She called for the question please.
City Clerk Ms. Riggs called the Roll Call. There were five yeas (Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, and Alderman Tibbs), two nays (Alderman Busby and Alderman Rohlfs), two absent (Alderman Anderson and Alderman Armbrust); motion carried.
Mayor Davis-Kavelman asked for the Presentation of Communications:
Mayor Davis-Kavelman said I did want to mention that it would probably be the first week of September but one of our Veteran’s Commissioners Vince Long. I went to I had to make a decision whether I went to give a welcoming speech to the Square Dance people or the or see Vince Long one of our commissioners go up to be the head person for the VFW this and I was very, very proud of him for that. I got my times mixed up again and I thought I had 5:30 at one and be to Springfield by 7:00 I couldn’t it both. It just happened that the Fire Chief came along and wanted to know what exciting things were going on this weekend and I said if you cold take this letter from City Council and me to the Square Dance and please let them know we’re very, very happy that they were here. I will be giving Mr. Long the key to the city and Proclamation on behalf I think it is very admirable. He does things on the state, local as well as the federal level for our Veterans.
Alderman Rohlfs said I have been talking with Mr. Last and we are going to be meeting next Tuesday about the sign ordinance. He has some information drafted that we are going to look at.
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Alderman Rohlfs said I was wondering if we could possibly set a committee meeting for Ordinances on Tuesday evening. The meeting was set for 6:15 p.m. Alderman Busby asked if we could get a copy of what he’s presenting please before Tuesday. Alderman Rohlfs said he and I, I don’t Mr. Last doesn’t have it in form yet we were going to meet on Tuesday to discuss it I can get it to you a couple of hours before maybe.
Alderman Prather made a motion to adjourn and Alderman Busby seconded it. There were seven yeas (Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, two absent (Alderman Anderson and Alderman Armbrust); motion carried.
The City Council Meeting was adjourned at 7:51 p.m.
Respectfully Submitted By:
Risa Riggs
Minutes as recorded in this document approved by vote of the City Council on August 18, 2008.
Melanie J. Riggs, City Clerk
City of Lincoln