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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J2,2014
ANUARY
SPECIAL MEETING held Thursday, January 2, 2014, at 7:30 a.min the Council Chambers,
.
City Hall.
Mayor Tower presided
PRESENT: Council Members Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison-
Aasby, Tom Pech, Jr., Steven Herman and Mayor Burk Tower
ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, and Lynn
Lorenson, City Attorney
Resolution 14-01 Authorize Jurisdictional Offer for the Upgrade to the Public Works
Field Operations Facility in the Amount of $69,750.00 (702 West
Third Avenue)
MOTION: ADOPT (Herman; second, Clark)
CARRIED:Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman,
Mayor Tower
Ms. Lorenson explained the City had an agreement with Mr. Pitz to purchase the property at
702 West Third Avenue for the amount of $69,750.00. The agreement fell through as Mr.
Pitz wanted money for other items including additional relocation expenses. The City felt,
under State Statutes, it was not obligated to pay anything other than the agreed purchase
price. The closing for the property was to take place on or before December 31, 2013.
Since the closing did not take place, the City brought forward Resolution 14-01 to the
Council.
Mr. Rohloff further explained per the agreement, as of Tuesday evening, December 31,
2013, Mr. Pitz was in default. The City advised Mr. Pitz’s attorney, that if Mr. Pitz did not
fulfill the terms of the agreement the City would begin the jurisdictional offer process.
Council Member Cummings asked what the steps were in the jurisdictional offer process.
Ms. Lorenson explained she would contact Mr. Pitz’s attorney to ask if Mr. Pitz intended on
completing the deal per the agreement. If Mr. Pitz did not intend to complete the deal per the
agreement the City would file the jurisdictional offer with the court system and take ownership
of the property. She suspected Mr. Pitz would not comply with the agreement, however she
wanted to give him the courtesy of asking.
Mr. Rohloff stated the City anticipated construction of the second phase of the Public Works
Field Operations Facility to begin by April 1, 2014. In order for construction to stay on track, the
City needed to take ownership of the property in order to clear it and do asbestos testing. Mr.
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PCC–J2,2014
ROCEEDINGS OF THE OMMON OUNCIL ANUARY
Pitz was allowed thirty days to remove his belongings from the property, so the sooner the City
took ownership of the property would be better.
Council Member Herman asked if the City could sell items left on the property should Mr. Pitz
refuse to remove them.
Mr. Rohloff stated if Mr. Pitz did not remove his belongings from the property, the City was
required to store them at Mr. Pitz’s expense. Per State Statute there was a $50,000.00 limit on
relocation costs and the cost to store Mr. Pitz’s belongings would be attributed to it.
Ms. Lorenson indicated at some point the belongings would be considered abandoned and the
City could dispose of them.
Council Member Herman was concerned that Mr. Pitz would accuse the City of damaging his
belongings.
Mr. Lorenson stated City staff had taken photos of the contents of the property and that the City
was prepared to defend itself should accusations of damage to property be made.
Council Member Allison-Aasby was concerned that Mr. Pitz would hold out for more money
from the City.
Mr. Rohloff stated although Mr. Pitz was being difficult and uncooperative, ultimately he had
signed the agreement for the deal to take place. Since there was a signed agreement Mr. Pitz
could not hold out for additional money.
The Council as a whole, expressed their frustration with Mr. Pitz and agreed that the City
bargained in good faith. The Council felt that the process of the jurisdictional offer was
appropriate under the circumstances.
MOTION: ADJOURN (Pech; second, Clark)
CARRIED: VOICE VOTE
The meeting adjourned at 7:59 a.m.
PAMELA R. UBRIG
CITY CLERK
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