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Waukesha council disallows flood claim, approves vehicle‑damage payment, settles assessment and awards $1.65M street contract
Summary
At its Feb. 19 meeting, the Waukesha Common Council voted to disallow a basement‑flood claim, approved a $2,033.87 vehicle‑damage claim, authorized an assessment settlement that reduces a commercial property's valuation and triggers an ~ $18,766 refund, and approved a $1,646,591.35 bid for street and utility work; the council also reappointed an IT board member.
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The Waukesha Common Council took a series of routine actions on Feb. 19, approving and disapproving several claims, authorizing a property‑assessment settlement and awarding a public works contract.
City staff recommended disallowing a claim filed by Tyler Montney for basement flooding caused by a plugged street sewer because the city had no prior notice and staff found no evidence of negligence, Brian explained during the meeting. A council member moved to disallow the claim, a second was recorded, and the motion passed (council recorded the vote as 11 yes, 2 no).
On a separate claim, the council approved payment to George Hardy for vehicle damage after a city skid‑steer operator backed into his car during leaf collection. Staff recommended allowing the claim and noted two estimates had been submitted; the approved payment was $2,033.87 and the motion passed unanimously.
The council also approved a settlement in a lawsuit brought by an LLC that challenged the city’s assessment of a large apartment property. City staff said mediation resulted in an agreed assessment of $11,337,200; staff estimated the assessment adjustment would create a refund of about $18,766 to the property owner, a portion of which will be shared with other taxing jurisdictions. The council discussed whether prior redevelopment loans or repairs were factored into valuation; staff said assessments must reflect current fair value and follow statutory appraisal rules. The settlement motion was approved unanimously.
On infrastructure, the Board of Public Works recommended and the council approved the concrete bid from Wandell Contractors to complete street and utility improvements on Bidwell Avenue and Prospect Avenue for $1,646,591.35. The public works staff noted this was the only bid received and the motion to accept it passed unanimously.
Appointments and housekeeping: The council unanimously reappointed Ryan Corcoran to the IT board. The mayor also read a proclamation recognizing Government Communicators Day and encouraged residents to use city communications resources.
What the council said: On the disallowed flood claim, Brian explained the legal standard for liability, saying the city is not strictly liable for all damages without proof of negligence and that disallowance does not prevent the claimant from filing suit. On the assessment settlement, staff said settling gives the city control over a final result and avoids uncertain trial outcomes.
Next steps: Staff will issue notices of claim disallowance where required, execute paperwork to implement the assessment settlement and process the approved claims payments and contract award.
