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Council accepts report on new and pending claims after hearing several resident appeals
Summary
The Lincoln City Council accepted and approved the report of new and pending claims for Jan. 16–30, 2025, after hearing testimony from residents and attorneys about a water-main break claim and multiple property-damage claims. The final acceptance passed 6-1; an attempt to delay one claim failed.
The Lincoln City Council accepted and approved the report of new and pending claims for Jan. 16–30, 2025, after hearing multiple claimants and their representatives on a series of damage claims against the city.
The council voted 6-1 to accept the claims report. The meeting included testimony from an attorney for the Foundation for Educational Services seeking $56,788 for basement flooding after a Sept. 27, 2024 water-main break; residents who sought reimbursement for storm and tree damage, and a driver who said a pothole caused more than $3,000 in vehicle damage.
Paul Peter of Keating O'Gara, representing the Foundation for Educational Services, told the council the nonprofit’s claim was supported by vendor receipts totaling $56,788 and argued the city had constructive notice of problems on that water main dating to 2017. He asked the council to allow more time to work with the city attorney's office rather than let the attorney's recommended denial stand. "We do think there's underlying evidence to support it," Peter said during his presentation.
Assistant City Attorney Lily Ely recommended denial of that claim on the basis the city had no prior notice of structural issues on that main. Elizabeth Elliott, director at LTU, told the council the main dated from the 1970s and that the city had not seen historical failures in that immediate area; she said the city planned to replace the main as part of a separate street-improvement project but not because of the September 2024 break.
Several residents presented other claims during the same agenda item. Larry Carter said a city-owned tree fell onto his property during the July 31 storm, cost him about $6,000 to remove and caused the loss of two mature trees; he said city crews and the contractor could not respond promptly because of the storm's volume of calls. James (Jaden) Schmader said a marked tree fell and damaged his vehicle during the same storm, and Nicole Marino said she hit a pothole on May 1 that she says caused more than $3,000 in damage; city staff later confirmed the pothole was reported to city maintenance on July 10 and repaired on July 15.
Council members debated a motion to remove Larry Carter's claim from the denial list and hold it pending for two weeks so the city and claimant could continue working; that motion failed on a close vote (motion lost 4–3). The council then called the original motion to accept the claims report; roll call on that motion recorded six yes votes and one no (Doodin). The report acceptance therefore carried 6–1.
No formal settlement or payment authorization was approved at the meeting; the council accepted the administrative report of claims and heard public testimony. Several participants urged further review or settlement negotiations off the dais.
