Lincoln, Illinois
April 7, 2008
Minutes of a regular City Council Meeting held in the Council Chambers of City Hall, Lincoln, IL, on Monday, April 7, 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 ten Aldermen present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs) and none absent. Also present were Assistant Fire Chief Dahm, Police Chief Erlenbush, Street Superintendent Mr. Jackson, EMC Manager Mr. Kitzmiller, City Engineer Mr. Mathon, and Safety and Building Officer Mr. Last. Also present were City Attorney Mr. Bates, City Treasurer Mr. Plotner, City Clerk Ms. Riggs and Mayor Davis-Kavelman.
Mayor Davis-Kavelman said Alderman Prather we're glad to have you back.
Those present recited the Pledge of Allegiance to the Flag led by Boy Scout Troop #105. The boys introduced themselves as Chance, Jacob, Dalton, Matthew, and Luke.
Mayor Davis-Kavelman asked for the Presentation of Petitions:
Petition for Scout Clean Sweep Day on April 12, 2008 by Chad Bennett
Alderman Tibbs said I move to approve the petition submitted by Cub Scout Pack 105 for their Scout Cleanup Sweep Day on April 12 which is a Saturday this coming Saturday, if we can't do it on the 12th we're going to do it on the 19th which is also a Saturday and Alderman Armbrust seconded it. Ms. Riggs said we do have our Certificate of Insurance Alderman Tibbs. Mayor Davis-Kavelman said if any of the Aldermen would like to help them walk they would be more than welcome. City Clerk Ms. Riggs called the roll. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
The Mayor then asked for the Presentation of Ordinances and Resolutions:
Proclamation for Scout Clean Sweep Day 2008
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation. City Clerk Ms. Riggs read the Proclamation. Alderman Rohlfs said I move to adopt this Proclamation and Alderman Tibbs seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried. Mayor Davis-Kavelman gave the Proclamation to Chad Bennett and asked if there was anything he would like to say to the audience real quick.
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Proclamation for Scout Clean Sweep Day 2008
Chad Bennett said I am the cub master of pack #105 and just to let you know this little man right here is pack #128. The last time I was here you asked that I span out well I did. Pack #111, #101, #105 and pack #128 out of Atlanta will all be helping us that day. We will start at 9:00 a.m. and we will be starting with ceremony and then the packs will distribute from there. Each one I think is to go ahead and clean the school they come from so everybody will meet at Washington-Monroe and they will go to their school clean it and then we'll pretty much all meet right back up town.
Presentation to Bobbi Abbott, Executive Direction of Lincoln/Logan County Chamber of Commerce
Mayor Davis-Kavelman read the Resolution. Alderman Rohlfs said I move to adopt the Resolution for Bobbi Abbott as Director of the Lincoln/Logan Chamber of Commerce and Alderman Prather seconded it. City Clerk Ms. Riggs called the roll call. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried. Mayor Davis-Kavelman presented Mrs. Abbott with a plaque.
Mrs. Abbott said I do want to thank you for this it is very thoughtful and certainly not expected and so I appreciate that. Over these past ten years we might not have always seen eye to eye but usually it was budget constraints but I do feel that both the city and the Chamber do have a healthy respect for one another and our symbiotic relationship we need a strong City Council and a strong city staff and employees to enhance the economy in Lincoln and the Lincoln City Council needs a strong Chamber of Commerce to do what we do so I do believe that over these years that our partnership has grown stronger and healthier and I certainly have enjoyed working with all of you and will miss this well maybe I won't miss this part of it so much but I might miss seeing you all if I don't run into you in other areas in the community and again thank you so very much I appreciate it.
Presentation of Tree City U.S.A. and Growth Award
Mr. Tracy Jackson presented to Alderman Hoinacki the awards for Tree City U.S.A. and the Growth Award. Mr. Jackson said it is the 7th year for the Tree City U.S.A. and our 2nd year for our growth award with the State of Illinois the Growth Award we lead the nation and on Tree City U.S.A. we are second so I want to thank the Council for not touching the Forestry Budget, Mr. Mathon for helping with the tree inspections and for Ms. Riggs doing all the paperwork.
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Proclamation for Arbor Day 2008
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation. Ms. Riggs read the Proclamation. Alderman Rohlfs said I move to adopt the Proclamation for Arbor Day Celebration and Alderman Prather seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Mayor Davis-Kavelman called for the Presentation of the Minutes:
Alderman Busby said I move to approve the minutes of the Regular City Council Meeting on March 17, 2008 as recorded and Alderman Anderson seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Mayor Davis-Kavelman asked for New Business:
Possible reimbursement for sewer backup damages
Alderman Neitzel asked Ms. Polly Douglas to come forward and asked if she had brought her letter and asked that she just tell briefly and state what you have you are declaring.
Ms. Douglas said she had faxed to Mr. Kitzmiller and she hoped he had brought that.
Mr. Kitzmiller said that is what I handed out this morning I had received that Friday.
Ms. Douglas said she lives at 1114 - 4th Street. She said basically on Monday the 17th I left for work at quarter to eight and I don't get home until a little after 6:00 and I get home and my house wreaks of diarrhea to put it mildly so I go downstairs and find out that all of my stuff was soaked, just soaked in it and granted I haven't even been in my house a year yet and I had things, lot of things still in boxes. We use our basement and there is a bedroom down there and there is a rec area down there and laundry room and hockey table and we use our basement and a lot of my stuff was just absolutely destroyed. We saved what we could and then it happened again on Friday of course I called the city the next day because it was so late I didn't know I could even call anybody at that time of night and so I called my dad and my best friend, who else is going to help you do that job. They came over and helped me clean the best that we could so that we could even sleep in my house that night, Monday night and then we were just cleaning all week long trying to do our best. My father and I were just exhausted by the end of the weekend so we just went ahead and hired Serv-Pro to clean our house like I said on Friday of that week I believe it was the 21st I go downstairs to start some laundry had the day off work thank goodness because it was backing up again in my basement.
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Possible reimbursement for sewer backup damages
Ms. Douglas said it had also affected some neighbors of mine but I called right away and of course it was 9:00 a.m. and they came out and did whatever they did through the line and helped me fix that problem. Anyhow I lost a lot of belongings a lot of memories pictures, girls things awards my girls have won you know I am not asking for everything to be replaced because some things just can't be replaced I'm just asking for your help and I am asking you to be fair. This wasn't my fault so we just did the best that we could.
Alderman Neitzel said has this been turned over to our insurance company. Ms. Riggs said not at this time yet and until tonight I did not have any. Mayor Davis-Kavelman said any kind of bill and this is the total itemized bill you have. Ms. Douglas said yeah the best that I could do you know I didn't even realize the next day my concern I didn't think about it being trash day so of course everything in the first batch of stuff was hauled off. Alderman Neitzel asked if she took any pictures of any of it. Ms. Douglas said no it was late at night and I was just concerned about getting it cleaned up so we could sleep there and pictures were not even on my mind at the time and if the next day hadn't been trash day you could have all the pictures you wanted of my stuff you know because it was hauled off the next morning.
Alderman Rohlfs said might I ask what the problem was. Mayor Davis-Kavelman said ok Mr. Kitzmiller would you like to explain this a little bit.
Mr. Kitzmiller said we were called the first time on Tuesday I believe it was the 18th. The problem had occurred on Monday the day before. We went and checked it out and we couldn't find anything wrong. There was no evidence that the city sewer backed up, the city sewer was flowing fine, everything looked good and at that time we didn't realize the extent of damage that had happened at this residence and one at both sides of this house. We had to treat it like it was the homeowner's problem because we couldn't find any evidence that it was ours. Then Good Friday the following Friday we were called and we came out immediately the sewer at that time was backed up. We had Ms. Douglas and the two other residents there waiting for us when we arrived and I did go down in the basement of all three houses and spoke with all three owners and at that time on Friday the water did not get all over the basement and it was concentrated mostly around the floor drains and it did travel a little bit but we're not talking about inches of water this time we're just talking about a trace but in the first instance we do know that both in Ms. Douglas' house and the one on Jefferson on the corner did have water get throughout the basement. We don't know how much it was not enough to get into hot water heater's and things like that to put out pilot lights but it was enough to make the carpet wet. The other two owners that I spoke with were not concerned at all they had their carpets cleaned and they didn't have much stuff down there and they considered it no big deal. Ms. Douglas had more stuff in the basement that got wet than the other two owners and so naturally that is where the issue is.
Alderman Neitzel said is she the only one making a claim against this. Mr. Kitzmiller said yes.
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Possible reimbursement for sewer backup damages
Alderman Neitzel said ok, when I discussed this with you the first time didn't you clear out that particular sewer three days before.
Mr. Kitzmiller said this area had been known for problems in the past so we put it on a schedule we once a month we go out there and clean the area and we were actually there the day before that this happened and when we were there on Friday and cleaned the line it was a city sewer that was backed up it is no question. We could not find what the issue was. It unplugged quickly and there was no real evidence of what could have been the problem.
Ms. Douglas said whatever happened on Monday everything was working properly at my house and I get home at 6:00 and so I was gone to work and no one was using the plumbing or anything like that. My toilets and everything worked fine I get home and of course it had receded by that time but it was soaked in puddles everywhere. It happened while I was at work. I honestly don't know how many but it was enough to soak everything and come up on the wall a little bit but like I said I do have a bedroom down there. I would say at least two or three inches if I were guessing.
Alderman Neitzel asked if Ms. Douglas had the TV sets on the floor. Ms. Douglas said I do because it is supposed to be out in our other area but my daughter wanted in her room and it is too big to fit on any of her dressers so we had it on the floor. Alderman Neitzel said I am just asking you know. Ms. Douglas said I won't do that again. Alderman Neitzel asked if anyone had any questions.
Alderman Huskins said I understand that Mr. Kitzmiller said that they cleaned it out and all this and that. The possibility that they could have jetted it back to the line right. Did you guys jet that?
Mr. Kitzmiller said on Friday. Alderman Huskins said ok but I was always under the impression I don't want to turn it into our insurance doesn't EMC also carry insurance on something like that. Mayor Davis-Kavelman said I don't know.
Mr. Kitzmiller said EMC does carry insurance for situations like this and well I shouldn't say like this but if we cause something by cleaning or we do something because of our work that is something that we take care of. This is not a situation like that we don't know why this happened and it happened a day after we were out there cleaning. We could not see what the actual blockage was.
Alderman Neitzel said was that after all that rain. I mean was that a possibility.
Mr. Kitzmiller said no I don’t believe this had anything to do with the rain. Alderman Neitzel said ok. Mayor Davis-Kavelman called on Alderman Huskins.
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Possible reimbursement for sewer backup damages
Alderman Huskins said they disturbed the sewer and once you disturbed it I feel it’s their responsibility. I mean it is like anybody else they disturb the sewer then it their responsibility.
Alderman Neitzel said whose responsibility are you saying. Alderman Huskins said EMC, BOC or whoever it is. Mayor Davis-Kavelman said Mr. Kitzmiller you are saying that you did jet it out or no, explain that. Mr. Kitzmiller said this area is like I said on a monthly schedule and like I said we were there the day before. Mr. Bates said you keep saying you were there the day before you were there on Friday and this happened on Monday. Mr. Kitzmiller said well we were there on Thursday. Mr. Bates said the preceding Thursday to the date Ms. Douglas said. Ms. Douglas said the second instance of backup. Mr. Kitzmiller said the first one was on the 17th and we were there on the 20th and then it happened again the 21st. Mr. Bates said ok but you said you inspected that sewer before this happened you mean before the Friday instance you weren’t there before the Monday instance. Mr. Kitzmiller said no, we were not there before the Monday. Mr. Bates said so you did not look, when is the last time that sewer had been cleaned since the 17th. Mr. Kitzmiller said approximately one month. Mr. Bates said just so I am clear you had not been out there immediately preceding the problem she had on Monday the 17th of March. Mr. Kitzmiller said that is correct. Mr. Bates said you were out there after that on Thursday which was the day before she had another little back up on Friday. Mr. Kitzmiller said yes. Ms. Douglas said I did speak to my insurance agent and we just feel that I should have to make a claim on something that wasn’t my fault. Mr. Bates asked if she had sewer back up on her homeowners.
Ms. Douglas said yes I do it is $1,000.00 deductible. I would like to ask you and I know you guys have to make some decisions on this but if there is any way that you could hurry along the reimbursement at least the cleaning part I need, I mean I dipped into my car insurance money to get this paid for and I know you maybe have to decide on the other things but I need some help I just plain and simple need some help here.
Mayor Davis-Kavelman called on Alderman Prather.
Alderman Prather said Mayor as far as whose insurance it needs to be turned into is one issue the thing we need to deal with is getting her taken care of. It wasn’t her fault and we need to get it taken care of tonight and worry about what we’re going to claim it on.
Mayor Davis-Kavelman said it is on the agenda and called on Alderman Neitzel go forward with this or we have determined that it is the city’s fault. Mr. Bates said who determined that. Mayor Davis-Kavelman said I guess the motion was. Mr. Bates said I don’t know I didn’t know that had been determined. Mayor Davis-Kavelman said I don’t think it has been determined. Alderman Prather said I think that is what Mr. Kitzmiller just said. Mayor Davis-Kavelman said you thought it was the city’s fault rather than. Mr. Kitzmiller said it was the city’s sewer that backed up. Mayor Davis-Kavelman said right.
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Possible reimbursement for sewer backup damages
Alderman Neitzel said it wasn’t her sewer but the city’s sewer. Mr. Kitzmiller said that’s correct. Alderman Prather said right, not any fault of ours but it wasn’t her fault. Alderman Neitzel asked what deductible we have Ms. Riggs. Ms. Riggs said we have $1,000.00. Mayor Davis-Kavelman said so somebody’s going to have to pay. Alderman Neitzel said we can worry about subrogation.
Mayor Davis-Kavelman said we establishing a precedence here in the city. She asked Alderman Neitzel if there was a motion or what. Make a motion to approve this we should have done that before we started discussing it probably.
Alderman Neitzel said well unless you think we need well there is always subrogation and we can always go after. Alderman Rohlfs said we’ve never had a problem before where the city sewer has backed up. Mr. Bates said we’ve had a lot of those problems. Alderman Rohlfs said what did we do in those cases.
Mr. Bates said I believe it’s, I believe and understand Ms. Douglas that and don’t misunderstand me here I know you did nothing wrong but in my business unfortunately there is the issues of who is negligent and whose not. The question becomes the, is the city negligent in anything they did. I haven’t heard anything here tonight that tells me that the city was negligent and you attribute fault on the basis of negligence now I haven’t heard anything that the city did wrong. Sewers do back up that’s a fact of life I’ve unfortunately been in the same position that she’s in here tonight. It is horrible and I sympathize with her but I don’t see what the city did wrong in this situation. Private homeowners have the ability to insure against sewer backup and that is one of the.
Ms. Douglas said something failed. Mr. Bates said something failed no question and you didn’t cause it there is no question about that I’m not saying you did but I can’t sit here and say we caused it either we meaning the city. Ms. Douglas said I don’t think anybody intentionally caused it but however something failed on the city’s side you know I don’t know what happened either but I don’t think it should fall on me.
Mr. Bates said well falling on your insurance company is not necessarily falling on you but I carry sewer backup insurance because I've had it happen to me. Now you don't expect sewers to backup in times of non flooding or times of heavy use and it doesn't sound like there was any of that working here. It sounds like something plugged the sewer it seems to be an area that may be prone to that so maybe the city.
Ms. Douglas said it has been known to have problems. Mr. Bates said I did not interrupt you ma'am so please. Mayor Davis-Kavelman sounded the gavel. Mr. Bates said I was courteous enough not to interrupt you. Ms. Douglas said I apologize I am new at this, I'm trying.
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Mr. Bates said there may be an issue where there is a problem in that area of town and apparently Mr. Kitzmiller says there is historically and that is why they clean it on a regular basis. I can't lay fault in this case on the city anymore than I can lay fault on Ms. Douglas and I can't lay fault on EMC there may be more facts out there that would enlighten us and it's entirely up to the city how you handle it. Responsibility is allocated if we're negligent and I don't see how we were negligent.
Mayor Davis-Kavelman called on Alderman Rohlfs. Alderman Rohlfs said Mr. Kitzmiller this question is basically for you if we have to check that monthly why is that I mean if we don't do that any place else in town then why is it that we have to check that monthly to me that would indicate there is a concern, not a problem but a concern.
Mr. Kitzmiller said there are concerns that we have throughout town. There are approximately about 15 spots that we jet monthly just because sometime in the past there's been an issue so we try and jet those spots monthly so there is not an issue again. There is not necessarily issues to where you need to dig them up and replace them it's just possibly that there is an offset tile enough that things could collect on so we try to do that monthly to prevent things from collecting on them from specific ones that build up from grease and keep the grease removed from them just so they continue to work properly.
Alderman Rohlfs asked if that could be corrected so that we wouldn't have to do that every month. Mr. Kitzmiller said it could be with digging them up and replacing them.
Ms. Douglas said so if it's a known problem there it just seems like maybe something more should have been done before maybe it should have been dug up and replaced that's my point. My neighbors have said there's for years have been problems there I mean and so I'm the new kid on the block and like I said I haven't even been there for a year.
Mayor Davis-Kavelman called on Alderman Huskins. Alderman Huskins said Mr. Kitzmiller when was the last time you cleaned this prior to. Mr. Kitzmiller said about a month. Alderman Huskins said they should have had a maintenance record. Mr. Kitzmiller said approximately a month off the top of my head I don't know what the date is. Mayor Davis-Kavelman called on Alderman Prather. Alderman Prather said I don't know if our insurance would even pay for it since you made that point.
Mr. Bates said I have no idea if hers would pay, if ours would pay or EMC's I have no clue at this point if they would pay or not. I mean our insurance this is a very similar situation if you remember when we had part of the building fall off on North Kickapoo and it damaged the sidewalk and we asked that property owner's insurance to pay for the damage and they declined because they said the property owner was not negligent in any way and so they declined to pay for those damages.
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Mr. Bates said that's the kind of question whoever's insurance is involved whether it's ours, Ms. Douglas' or EMC's that is the same question they are going to ask. There very well may be any one or more insurance companies that will pay something before this is all said and done. I don't know and I'm not expressing an opinion on it.
Mayor Davis-Kavelman called on Alderman Prather. Alderman Prather asked what had been Ms. Douglas' out of pocket expense. Ms. Douglas said right now it is the cleaning bill and the time we put in and to clean it ourselves. Alderman Prather asked if that was the $346.00. Ms. Douglas said the $346.00 is the cleaning bill for the Serv Pro Company. Alderman Prather said you've replaced the carpet. Ms. Douglas said I haven't done any of that and I can't afford to. Alderman Prather said we really need a motion on the floor first. Alderman Huskins said right before we keep discussing it.
Alderman Neitzel asked if she could make a motion. Mayor Davis-Kavelman said yes, please. Alderman Neitzel said I make a motion to advance Ms. Douglas $1,000.00 to defray the cost of the cleanup of the property and then because that is what her deductible is and what our deductible is and then I would pursue that through your own insurance company. Ms. Douglas said but then I have a claim on my record. Alderman Neitzel said yeah but it's not. Ms. Douglas said I don't know how that affects me. Alderman Prather said you've got to finish the motion. Mayor Davis-Kavelman said you've got to finish your motion. Alderman Neitzel said I make a motion to advance Ms. Douglas $1,000.00 for cleanup with then going into it further on any further additional payment and Alderman Prather seconded it. Mayor Davis-Kavelman said just to be sure you're saying you're giving her $1,000.00. Alderman Neitzel said that is the deductible and that is what our deductible, her deductible and then we'll look at it at the situation and make a decision on the remainder of the payment.
Mayor Davis-Kavelman called on Alderman Busby. Alderman Busby said I think we're going to have trouble she may even have trouble with her insurance company but I think we're going to have trouble with our insurance company because I've seen it before on sidewalks the raise and thing and Mr. Jackson has repaired them before they took a picture and she has destroyed or gotten rid of all that stuff am I right. Ms. Douglas said it was the next day. Alderman Busby said I am not calling you a liar Ms. Douglas. Ms. Douglas said I do have a note from Area Disposal saying that I did have very large pickups. Alderman Busby said I saw that 15-20 bags. Ms. Douglas said they got a picture of it and the carpet because it was there for the following pickup. Alderman Busby said it is going to be proving the loss that will be difficult. Ms. Douglas said that's why I said I wasn't asking for everything sir just the things that can be replaced that I need replaced. Alderman Busby said I really believe you are opening up a can of worms by doing this.
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Mayor Davis-Kavelman said Ms. Douglas I do want you to know we really do empathize with you no one wants that kind of situation especially when you get home late at night and a heavy day at work and then that happens. Losing all of your possessions is not fun.
Ms. Douglas said I've worked for everything I own. I don't have a lot but I work for it.
Mayor Davis-Kavelman said the only thing is we are establishing a precedence here. She called on Alderman Rohlfs.
Alderman Rohlfs said if we advance, if we vote tonight to advance Ms. Douglas the $1,000.00 and we find out through research or whatever that no one is found negligent then that doesn't come from our insurance we simply pay her $1,000.00 and it has nothing to do with insurance. Am I interpreting that correctly?
Mr. Bates said yes and you are never going to get that $1,000.00 back. Alderman Huskins said right. Alderman Rohlfs said so what part of our budget would we take that out of if. Ms. Riggs said we do have deductibles built in our insurances in appropriations.
Mayor Davis-Kavelman called on Alderman Horn. Alderman Horn said one point I'd like to make is it's a terrible thing what Ms. Douglas has gone through but coming forward to us is something that the public should know you can call EMC anytime day or night and a lot of people might have taken a lot of losses and didn't know they could call and I think that's a good point to make. Alderman Prather said very good. Ms. Douglas said my dad and best friend are also homeowners and they didn't know we could call either so I'm not the only one that doesn't know. Mayor Davis-Kavelman said no, we're not saying that this is a muddled situation here and she called on Alderman Neitzel.
Alderman Neitzel said I'm just saying that when they come up here with problems and they feel it's the city sewer or whatever I think we should do each one on a case by case basis. In this case by case you know I made the motion that the city sewer backed up so I mean I had a sewer myself this year that I had to pay for out of my own pocket. I think they need to be a case by case that's all I can say.
Mayor Davis-Kavelman called on Alderman Prather. Alderman Prather said thank you mayor if not for us going there month to month and jetting that line I'd have a different opinion that's why her, case by case does make a lot of sense. Alderman Neitzel said right. Alderman Prather said if it's a normal street and it's a fluke and something came up we know it's not a problem area there that's a different story and it's obviously a problem area we just don't go there because we like to that's why I'll be voting for this. Mayor Davis-Kavelman said I think that's the distinction for this whole case is that it has been a problem area. Alderman Neitzel said right. Mayor Davis-Kavelman said to go ahead Alderman Rohlfs.
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Alderman Rohlfs said the rest of the motion if we do the $1,000.00 then are we leaving it open to make a determination at some other point that we look at that total amount of $3,566.00 or did I misunderstand the bottom end of that. Mayor Davis-Kavelman said $1,000.00 total. Alderman Neitzel said I think we will review the situation I mean. Mr. Bates said I think everybody needs to turn into their insurance companies and see what happens. Alderman Huskins said right. Mayor Davis-Kavelman said is that part of the motion. Mr. Bates said it is not part of the motion, no. Mayor Davis-Kavelman said do you want to amend that to your motion. Alderman Prather said I thought that was. Mayor Davis-Kavelman said I thought it was too. Alderman Prather said until we determine whose insurance the city would pay the deductible. Alderman Neitzel said I don't know if you are familiar with subrogation. Ms. Douglas said no. Alderman Neitzel said insurance if you turn into your company and they feel we're at fault then they will subrogate us to make us pay. Ms. Douglas said ok. Alderman Neitzel said that way then they in turn would get the money back on what they paid in your behalf. Ms. Douglas said ok. Alderman Neitzel said that is a possibility you know then yours would be at zero the reason that I made that $1,000.00 because that is your deductible. Ms. Douglas said ok. Alderman Neitzel said I will make that part of our, my motion for everyone to turn it into their insurance company and see what happens. Mr. Bates said are you asking to amend your motion to include the city, Ms. Douglas and EMC's. Alderman Neitzel said yes. Mr. Bates said who seconded it. Mayor Davis-Kavelman said Alderman Prather. Alderman Prather said I do accept it. City Clerk Ms. Riggs called the Roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), one nay (Alderman Busby), none absent; motion carried.
Alderman Armbrust said down here you are talking about boxes of pictures. I'm assuming family pictures and photographs and things like that.
Ms. Douglas said yes, photographs. Alderman Armbrust said what have you done with those. Ms. Douglas said I had to throw those things away because they were soaked in sewerage like we said we had. Alderman Armbrust said I have been a photographer for most of my life and I've cleaned up after lake floods. Ms. Douglas said where were you when this happened I wish I knew who I could call let me tell you. Alderman Armbrust said I was going to tell you how you can do that it is pretty easy. Ms. Douglas said I wish I had had the time to sort through everything that was just soaked in it but we didn't I mean we just had to get it hauled out. Alderman Armbrust said if you had them I was going to offer an outdoor formula.
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Mayor Davis-Kavelman asked for the Presentation of Petitions:
Petition for curb cut at 919 Pulaski Street by Jason Steffens
Alderman Armbrust said I move to accept the petition for curb cut at 919 Pulaski Street by Jason Steffens expense to be on the petitioner and Alderman Tibbs seconded it. City Clerk Ms. Riggs called the roll. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Petition to designate a No Parking Zone along the railway ditch side of Campus View Drive by Mike Drake, Lincoln Christian College
Alderman Horn said I move to approve petition to designate a No Parking Zone along the railway ditch side of Campus View Drive by Mike Drake and Alderman Neitzel seconded it. City Clerk Ms. Riggs called the roll. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Mayor Davis-Kavelman asked for the Presentation of Communications:
City Clerk Ms. Riggs read two letters from Comcast.
City Clerk Ms. Riggs read a letter to the Fire and Police Commission by Police Chief Erlenbush regarding promotions.
City Clerk Ms. Riggs read a letter to Mayor Davis-Kavelman by Police Chief Erlenbush regarding promotions in the department.
Mayor Davis-Kavelman asked for the Presentation of Bids:
City Clerk Ms. Riggs said there were no Bids to come before the City Council.
The Mayor then asked for the Presentation of Ordinances and Resolutions:
Proclamation for May 2008 to be Motorcycle Awareness Month
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation. City Clerk Ms. Riggs read the Proclamation. Alderman Rohlfs made a motion to adopt the Proclamation for Motorcycle Awareness Month to be May 2008 and Alderman Prather seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
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Proclamation for National Public Safety Telecommunications Week
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation. City Clerk Ms. Riggs read the Proclamation. Alderman Rohlfs made a motion to adopt the Proclamation for National Public Safety Telecommunications Week and Alderman Prather seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Proclamation for the Week of the Young Child
Alderman Rohlfs asked City Clerk Ms. Riggs to read the Proclamation. City Clerk Ms. Riggs read the Proclamation. Alderman Rohlfs made a motion to adopt the Proclamation naming the week of the April 13-19, 2008 as the Week of the Young Child and Alderman Prather seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Ordinance Authorizing an Agreement for the Lease Purchase of the Personal Property
Alderman Rohlfs said I have a question Mr. Bates do we want to read the dates of this I know we've read the Proclamation but without the dates right. Mr. Bates said I missed the last meeting was a draft of the Ordinance already read. City Clerk Ms. Riggs said yes without the dates. Mr. Bates said yes the Clerk just needs to point out the dates and I think the only dates are the payment dates. Alderman Rohlfs asked City Clerk Ms. Riggs to read the payment dates in the ordinance. Ms. Riggs read the dates. Alderman Rohlfs asked City Clerk Ms. Riggs to read the Committee's Report. Ms. Riggs read the report. Alderman Rohlfs said I move to adopt the Committee's Report and Alderman Prather seconded it. City Clerk Ms. Riggs called the roll call. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried. Alderman Rohlfs said I move to waive the second reading and adopt the ordinance as read with the included dates and Alderman Prather seconded it. City Clerk Ms. Riggs called the roll. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
The Mayor then asked for the Presentation of Claims, Presentations, Reading, Reference and Reports Thereon:
Alderman Busby made a motion by Roll Call to approve all claims as presented: Finance, Policy & Procedure, Sanitation, Insurance, and Grounds, Buildings & Local Improvements Committees' Reports by roll call and Alderman Anderson seconded it.
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Presentation of Claims, Presentations, Reading, Reference and Reports Thereon
City Clerk Ms. Riggs called the roll. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, none absent; motion carried.
Mayor Davis-Kavelman then asked for the Presentation of Official Reports:
City Clerk's Report for March, 2008 was handed out.
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:
Mayor Davis-Kavelman said I did want to mention that we are in the process of diligently looking for a fire chief so I would like you to know that we are still working on that.
Mayor Davis-Kavelman called on Alderman Busby. Alderman Busby said before we get to the end of our session I would like to call a Finance Committee meeting for 6:15 p.m. next Tuesday the 15th.
Mayor Davis-Kavelman asked for New Business:
Appointment to the Abraham Lincoln Bicentennial Commission (tabled 12-3-07)
Mayor Davis-Kavelman said we'll leave that on the table please.
Approval to hire Robert Shattuck with J. H. Petty and Associates Ltd. Architects for the Security Updates at City Hall, at a total cost not to exceed $5,000.00.
Alderman Tibbs said I move to approve to hire Mr. Robert Shattuck with J. H. Petty and Associates Ltd. Architects for the security updates at City Hall, at a total cost not to exceed $5,000.00 and Alderman Huskins seconded it. Mayor Davis-Kavelman asked if there was any discussion. Mayor Davis-Kavelman asked Alderman Tibbs if she would like to explain real quickly what this is about.
Alderman Tibbs said yes Mayor we've been looking at bringing City Hall up to date as far as security is concerned. We have a very open areas and City Hall that actually should be protected areas. We actually are falling a little behind other communities and we would like to bring this all up to date now and so Mr. Shattuck is coming in to help us put everything in order and I will be calling a special meeting to bring all the Alderman to attention what we're doing I know what we're doing but I want to get, go on from there. Mr. Shattuck will also be the person to help us go out for bids for the appropriate material for what we will be needing.
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Approval to hire Robert Shattuck with J. H. Petty and Associates Ltd. Architects for the Security Updates at City Hall, at a total cost not to exceed $5,000.00.
City Clerk Ms. Riggs called the Roll call. There were nine yeas (Alderman Anderson, Alderman Armbrust, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), one nay (Alderman Busby), none absent; motion carried.
Mayor Davis-Kavelman said Alderman Tibbs let us know that Route 66 Heritage Foundation we are in the newspaper which is very nice for the Route 66 that goes all around the state. It is very nice. She said we did want to let you know we are selling these tickets for the fireworks and I know we have to find some funding for the fireworks. We are having the chicken dinner drive through Thursday from 4:30 to 7:00 for anyone that would like to participate it will help with the fireworks for our community the 4th of July. I did also want to mention it's always a good thing for people in the community to get involved if anyone out there in our City of Lincoln would like to serve on a Commission or a Committee please call me or email me or let our city's clerk's office know if you would be interested in volunteering. Some of our commissions pay a real minimal amount of money for maybe a once a month meeting but most of them are all volunteers. We encourage you to get involved and this is a wonderful community and it is very rewarding. Thank you.
Alderman Prather made a motion to go into Executive Session under 5 ILCS 120/2(c) (1) to discuss performance of an employee and 120/2 (c) (2) collective bargaining and Alderman Busby seconded it. City Clerk Ms. Riggs called the Roll Call. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried. Alderman Prather said there will be no action after this will there. Mr. Bates said no. The meeting dismissed to Executive Session at 7:20 p.m.
The meeting returned to Regular Session at 8:50 p.m. Ms. Riggs called the roll call. There were ten present (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.
Mr. Bates wanted to let everyone know that his son had passed the bar exam.
Alderman Huskins made a motion to adjourn and Alderman Prather seconded it. There were ten yeas (Alderman Anderson, Alderman Armbrust, Alderman Busby, Alderman Hoinacki, Alderman Horn, Alderman Huskins, Alderman Neitzel, Alderman Prather, Alderman Rohlfs, and Alderman Tibbs), zero nays, and none absent; motion carried.
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The City Council Meeting was adjourned at 8:51 p.m.
Respectfully Submitted By:
Risa Riggs
Minutes as recorded in this document approved by vote of City Council on April 21, 2008.
Melanie J. Riggs, City Clerk
City of Lincoln