HomeMy WebLinkAbout31. 17-200 APRIL 11, 2017 17-200 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SETTLEMENT WITH THE ESTATE OF LUVERN
KIENAST PERTAINING TO KIENAST QUARRY REMEDIATION
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the City of Oshkosh filed a claim against the estate of LuVern Kienast
pertaining to costs for remediation of a former municipal landfill site owned by Mr.
Kienast; and
WHEREAS, the parties have reached a tentative settlement of this matter contingent
upon the approval of the Common Council.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to execute and
deliver an appropriate agreement with the Estate of LuVern Kienast in resolution of the
current claim by the City providing for the payment of$220,000 to the City of Oshkosh by
the Estate, agreement by the estate that the estate will forego any input or approval over
the choice of the remediation process or its implementation, and an agreement that the
City will release the estate for the remediation process selected and implemented by the
City. Any changes in the execution copy of the settlement being deemed approved by their
respective signatures, and said City officials are authorized and directed to take those steps
necessary to implement the terms and conditions of the Agreement.