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P ROCEEDINGS OF THE C OMMON C OUNCIL
C ITY OF O SHKOSH, W ISCONSIN
D ECEMBER 19, 2016
SPECIAL MEETING held Monday, December 19, 2016, at 5:30 p.m. in room 404, City Hall.
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske, Tom Pech Jr., Lori Palmeri, Steven
Herman, Deb Allison-Aasby, and Mayor Steve Cummings
EXCUSED: Council Member Benjamin Stepanek
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney; James Rabe, Director of Public Works; and Allen Davis, Director
of Community Development
Council Member Stepanek arrived at 5:34 p.m.
A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS
Resolution 16-573 Reject Bids Public Works Contract 16-32 – Buckstaff Foundation
Removal and Authorize the Department of Public Works to Perform
Foundation Removal and Site Preparation Work at 1118 S. Main
Street (Former Buckstaff Property)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Mr. Rohloff stated during negotiations with the former Buckstaff property owner and the
bank it had been decided the City would be responsible for slab removal. He explained
City staff had estimates prepared and the anticipated cost had been approximately
$250,000. He stated during the bid process the City had received a single bid for slightly
under $500,000. He explained City staff had been evaluating options to complete the job
at a cost closer to the $250,000 budget. He stated they had originally not wanted to
commit City staff to the project as winter weather could pull the public works department
away from the site. He explained further discussion resulted in the potential for
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P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016
individuals to be reallocated to assist public works in snow removal in addition to
removal of the rubble.
Allen Davis, Director of Community Development, stated the City was continuing to
monitor the demolition process. He explained the site had two lots and the City planned
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to create the first buildable site by March 1. He stated the remaining buildings would
not be demolished until the end of March and their foundations removed thereafter. He
explained it was a two stage process.
Council Member Herman questioned if there were any additional costs anticipated.
Mr. Davis stated he was not anticipating additional costs.
Council Member Herman questioned if the cost included both stages of the project.
Mr. Davis stated yes. He explained the cost covered both lots.
Council Member Herman questioned if funds were being taken from the CIP and state
trust fund.
Mr. Davis stated yes.
Council Member Herman questioned if the grant funds of $150,000 were being utilized
for the project.
Mr. Davis stated yes.
Council Member Herman questioned if the company that bid explained why the bid was
higher than what the City had anticipated.
Mr. Davis stated he believed it was based on the time of the year and how quickly the
City needed the work done.
Mr. Rabe stated the company had indicated the bid was based on the amount of available
working days in January and February. He explained a considerable amount of overtime
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had been factored in to allow for the work to be completed by March 1.
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P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016
Council Member Pech stated he understood City staff would complete the work. He
questioned if there would be an impact to everyday operation of the City.
Mr. Rabe stated public works had coordinated with several departments to allow for
everyday operations to remain unaffected while the project was in process.
Council Member Pech questioned if the proposed budget would support the project.
Mr. Rabe stated the only additional costs would be equipment rental and disposal of
materials. He explained the biggest backhoe the City owned was not large enough to
complete the work. He stated there would not be additional cost implications for
utilizing staff from multiple departments.
Council Member Pech questioned if City staff was able to operate the rented equipment.
Mr. Rabe stated yes.
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Council Member Herman question if the March 1 deadline had been set to accommodate
the possible acquisition of the Milwaukee Bucks D-League team.
Mr. Davis stated yes.
Council Member Herman questioned if the plans for the project would change if the City
was not awarded the team.
Mr. Davis stated the project would still continue but the timeline would be able to be
relaxed.
Council Member Palmeri questioned if the timeframe would allow for potential
remediation.
Mr. Davis stated City staff would be back filling the foundations and the remediation
would be determined after the second phase of the project.
Council Member Pech questioned if the remediation needed to take place after there was
a plan for development.
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P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016
Mr. Davis stated yes.
Council Member Pech stated regardless of what would be built on the site, the site would
have to be prepared.
Mr. Davis agreed.
Council Member Herman questioned if there were DNR grants that would assist in the
cost of future remediation.
Mr. Davis stated it was possible but due to a tight timeframe it was unlikely that City
staff would be able to have the grants submitted and approved.
Council Member Pech questioned if the City would be able to apply for the grant,
complete the work and then be reimbursed.
Mr. Davis stated not with the DNR.
Council Member Herman stated it had been proposed that $10,000 would be allocated
from the Community Development Block Grant. He questioned what impact that would
have on the program.
Mr. Davis stated it would not have an impact on the program. He explained funds could
be used for tipping fees and would not require additional federal requirements therefore
City staff decided that would be a safe source of funding.
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P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016
Ordinance 16-574 Waive Bidding Requirements & Authorize the Purchase/Rental of
Equipment, Materials, Supplies and or Contractual Services to Assist
The Department of Public Works in the Performance of Foundation
Removal and Site Preparation Work at 1118 S. Main Street (Former
Buckstaff Property) (Staff Recommends Waiving the Rules and
Adopting on First Reading)
MOTION: SUSPEND RULES (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Mr. Rohloff stated ordinance 16-574 would allow for the project to continue efficiently.
Mr. Rabe explained the most significant anticipated expense was equipment rental. He
stated there was a possibility in the event of a large snow storm that City staff may need
assistance hauling snow and would require temporary contractual services.
Council Member Panske questioned how Council would be kept up to date on potential
expenditures.
Ms. Lorenson stated the ordinance specified that the City Manager would report any
purchases made under the ordinance.
Council Member Panske questioned when Mr. Rohloff would report the purchases.
Mr. Rohloff stated he would report to Council at each Council meeting throughout the
duration of the project. He explained authorizing the unforeseen purchases ahead of time
would allow for the project to continue efficiently.
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P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016
MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION
PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE
STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY,
PARAMETERS AND TERMS RELATED OT THE NEGOTIATION
OF AN AGREEMENT FOR THE SALE OF 1118 S. MAIN STREET
(THE FORMER BUCKSTAFF PROPERTY); AND PURSUANT TO
SECTION 19.85(1)(C) TO DISCUSS THE PERFORMANCE
EVALUATION AND COMPENSATION REGARDING THE CITY
MANAGER AN EMPLOYEE OVER WHICH THE COMMON
COUNCIL HAS JURISDICTION AND EXERCISES
RESPONSIBILITY. (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
MOTION: ADJOURN (Pech; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 5:48 p.m.
PAMELA R. UBRIG
CITY CLERK
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