Waukesha council approves property actions, adopts DORA rules and moves forward on city contracts and bids

The Waukesha Common Council on July 2 approved several property and contract actions, adopted a designated outdoor refreshment area ordinance and heard public comment urging changes to local residency restrictions for people with past convictions.

The council voted to approve a third amendment to a real‑property purchase agreement covering about 4.92 acres on Delafield Street that extends the buyer’s due‑diligence and sets the closing window to begin after two triggers: any appeals in a lawsuit against the city are resolved and a conservation easement required for the historic portion of the site has been drafted, approved and recorded. Community development staff recommended the amendment; the motion passed 11–1.

The council also declared 223 Southwest Avenue surplus and later, after closed session, authorized placing the parcel out for public bid for 30 days. Staff told the council the property is an odd triangular parcel with an approximately 1,200‑square‑foot utility/storage building that was used as a well/reservoir until the 1970s; the water utility said it has no use for the parcel. The council was told an in‑city demolition of the building would cost roughly $15,000–$20,000 if the city retained the site. The surplus declaration passed unanimously; the 30‑day bid authorization passed 12–1.

On ordinances, the council approved revisions to municipal code 11.27 to create designated outdoor refreshment areas (DORAs). Under the adopted rules, a tamper‑evident wristband or sticker system is required: council discussion clarified the wristband is intended to show proof of age (wristbands valid across participating locations) and that the wristband/sticker program is designed to limit each wristband to one drink purchase; establishments must still check IDs and are responsible for not serving underage patrons. The DORA revisions passed 12–1.

Councilmembers approved changes to municipal code sections 11.01 and 25.05 to adjust penalties for certain code violations and asked that the amendment correspond to an updated bond schedule. The text in the agenda packet had been revised to set the minimum bond/forfeiture for a first offense at $10 (replacing a prior $50 figure) to align with the bond schedule; under discussion the city noted that after court costs and fees a $10 base forfeiture can result in a larger ticket amount. The motion to adopt the revision referenced the packet’s “revision 2”; the transcript records the motion but does not include a roll‑call vote in the provided record.

On construction contracts, the council accepted the low bid from Lee Mechanical for the library HVAC improvement project for $394,621; that motion passed unanimously. The council also authorized the base bid from Always Contractors for the Harboe (Harb) Springs retaining‑wall improvements for $488,906. Staff told the council the retaining wall project came in well over the original $185,000 budget (the budget figure dates to about 2021), citing inflation and an increased scope (roughly an additional 300–500 square feet, bringing the included new retaining wall coverage to about 2,820 square feet). Departments and finance identified carryover funds to cover the difference; the council approved the bid.

In public comment, Daniel Pierce, identified as PIRC, described difficulty finding residency after a 2008 Colorado conviction and said he has been on the Wisconsin registry. Pierce said he has been clear of supervision for more than 10 years and pleaded for help identifying how residency restrictions might change; he told the council, “I am on the Wisconsin offender registry ... it’s been over 10 years,” and asked what could be done to help people in similar situations. Council members replied that members could speak with the city attorney and bring an ordinance referral forward if they wished; no formal referral or ordinance change was made at the meeting.

A closed‑session agenda announced at the start of the meeting invoked Wisconsin Statute § 19.85 to discuss the 223 Southwest Avenue property and a proposed collective bargaining agreement. After closed session the council returned and moved to put 223 Southwest Avenue out for bid. The council also considered a four‑year collective bargaining agreement between the City of Waukesha and the International Association of Fire Fighters, Local 407 AFL‑CIO; the motion to approve the agreement was made and seconded in open session, but a vote result on that agreement is not recorded in the provided transcript.

Other items: the council confirmed an appointment to the Redevelopment Authority (Jeff Fowley), received committee reports and was reminded of community events including Jazz at Cutler Park and July 4 fireworks and parade details.

Votes at a glance

- Amendment to purchase agreement for ~4.92 acres on Delafield Street — motion to approve recommended amendment tied to litigation and conservation‑easement triggers; mover recorded in minutes; outcome: approved 11–1. - Declare 223 Southwest Avenue surplus — motion approved unanimously. - Place 223 Southwest Avenue out for public bid (30 days); bids must state proposed use — approved 12–1 (action taken after closed session). - Municipal code 11.27 (DORA creation) — motion to approve; passed 12–1. Key rule points: wristband/sticker proof of age, one drink per wristband, establishments still responsible for ID and refusal to serve minors. - Municipal code 11.01 and 25.05 (penalty increases) — motion made to approve packet’s revision 2 (minimum forfeiture set to $10 to align with bond schedule); transcript records the motion but a roll‑call/ final vote is not recorded in the provided excerpt. - Library HVAC improvements — Lee Mechanical, $394,621; approved unanimously. - Harb Springs retaining wall improvements — Always Contractors, $488,906; approved (motion carried; council discussed budget overrun and scope increases). - Four‑year collective bargaining agreement, IAFF Local 407 AFL‑CIO — motion to approve made and seconded in open session following closed session; vote result not specified in the provided transcript.

What changed and next steps

- The Delafield‑street purchase agreement amendment extends the buyer’s timeline pending the outcome of litigation and the drafting and recording of a conservation easement; staff will return with closing details once triggers are met. - The 223 Southwest Avenue property is now declared surplus and will be publicly bid; council instructions require bidders to include proposed uses with offers. - DORA rules are in effect under the revised municipal code; participating businesses and staff must implement wristband/sticker identification and follow the one‑drink guidance discussed at the meeting.

The council’s minutes and the full meeting packet include the ordinance language, bond‑schedule crosswalk and the complete bid documents; interested members of the public may consult the city clerk’s office or the city website for the adopted ordinances and bid results when available.