City Hall,  
City of Waukesha  
201 Delafield Street  
Waukesha, WI 53188  
Meeting Minutes - Final  
City Council  
Tuesday, August 3, 2021  
6:30 PM  
Council Chambers, City Hall  
1. Roll Call  
Ald. Moltzan joined the meeting after the vote on the Consent Agenda.  
11 -  
Present:  
Absent:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells,  
Moltzan, Miller and Browne  
4 - Manion, R. Lemke, C. Payne and McElderry  
2. Announcement of Closed Session pursuant to Wis. Stat. 19.85(1)(g) to confer with legal  
counsel regarding a possible appeal of the Circuit Court’s decision in City of Waukesha v.  
Town of Waukesha and regarding the approval and ratification of a settlement agreement  
with S.J. Louis Construction, Inc., to settle a dispute that would likely lead to litigation  
between the City and S.J. Louis.  
3. Pledge of Allegiance  
4. Public Comment  
No public comment.  
5. Approval of Minutes  
Minutes from July 20, 2021  
A.  
A motion was made by Ald. E. Payne, seconded by Ald. Miller, to approve the  
Minutes from July 20,2021. The motion carried by the following vote:  
10 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells, Miller  
and Browne  
5 - Manion, Moltzan, R. Lemke, C. Payne and McElderry  
Absent:  
Consent Agenda  
Ald. Johnson removed item ID#21-2623. The remainder of Consent Agenda was passed  
by unanimous consent. Ald. Moltzan was not present for the Consent Agenda vote.  
1. Other Boards and Commissions  
A.  
Review and act on proposed “Future 4 Waukesha” Four-Year-Old  
Kindergarten Program agreement with the School District of Waukesha.  
B.  
Review and act on grant of Easement to Everstream GLC Holding  
Company LLC for installation of fiber optic attachments within city property.  
Attachments:  
This item was removed from the consent agenda and handled under Parks, Recreation &  
Forestry Board Report.  
C.  
Review and act on proposed music licensing agreement with Global Music  
Rights, LLC.  
D.  
E.  
F.  
G.  
Review and act on proposed Recreation Services contract with Donna  
McKonly Coaching LLC.  
Review and act on proposed Recreation Services contract with Ms. Beep  
Ink LLC dba Queen Bee Tea and Treats.  
Review and act on proposed sponsorship agreement with DICK’s Sporting  
Goods.  
Review and act on proposed vendor agreement with BSA Explorers Post  
178, to sell Oktoberfest promotional items such as t-shirts, koozies, pins at  
2021 Oktoberfest event.  
H.  
Review and act on proposed vendor agreement with dFATE LLC. d.b.a.  
Spitfires On State to sell non-competing food items at 2021 Oktoberfest  
event.  
I.  
Review and act on proposed vendor agreement with Waukesha Citizens  
Police Academy Association, Inc. to sell non-competing food items at 2021  
Oktoberfest event.  
J.  
Review and act on proposed vendor agreement with Mama Duckys  
Desserts to sell non-competing food items at 2021 Oktoberfest event.  
K.  
Review and act on proposed vendor agreement with Waukesha Sunrise  
Rotary Club Charitable Fund, Inc. to sell non-competing food and beverage  
items at 2021 Oktoberfest event.  
L.  
Review and act on proposed vendor agreement with Bobalou Enterprises,  
LLC, Louis Maniscalco, to sell non-competing food items at 2021  
Oktoberfest event.  
M.  
Review and act on proposed agreement with Navistar, Inc. to allow the City  
and its invitees to use their parking lot for the 2021 Oktoberfest event.  
2. Plan Commission  
A.  
Wern Farms, Inc., Extra Territorial Certified Survey – A proposed one lot  
CSM to encompass 15.57 acres of land north of CTH D and east of the  
Wisconsin and Southern Railroad in the Town of Genesee.  
B.  
The Retreat, Extraterritorial Plat Review – A proposed 8 residential lot,  
and 3 outlot plat to encompass approx. 49.5 Acres of land east of CTH G,  
in the Town of Delafield.  
3. Standing Committees  
A. Finance Committee - Ald. Pieper  
B. Building & Grounds Committee - Ald. E. Payne  
A.  
B.  
C.  
D.  
E.  
F.  
Install a stop sign on Campfire Crossing and on Wyngate Way at their  
intersections with River Valley Road.  
McElderry  
Sponsors:  
Attachments:  
Install a stop sign on Campfire Crossing, Wyngate Way, Lavine Lane and  
Fox Hill Drive at their intersections with Fox Ridge Drive.  
McElderry  
Sponsors:  
Attachments:  
Install an All-Way stop with associated crosswalk and stop bar pavement  
markings for the intersection at River Valley Road and Fox Ridge Drive.  
McElderry  
Sponsors:  
Attachments:  
Install an All-Way stop with associated crosswalk and stop bar pavement  
markings for the intersection at River Valley Road and Fox Hill Drive.  
McElderry  
Sponsors:  
Attachments:  
Install an All-Way stop with associated crosswalk and stop bar pavement  
markings for the intersection at River Valley Road and River Ridge Drive.  
McElderry  
Sponsors:  
Attachments:  
Install an All-Way stop with associated crosswalk and stop bar pavement  
markings for the intersection at River Valley Road and River View Drive.  
McElderry  
Sponsors:  
Attachments:  
G.  
H.  
I.  
Install Playground warning signs with associated “15 mph speed when  
children are present” sign on River Valley Road at the River Valley Park.  
McElderry  
Sponsors:  
Attachments:  
Replace existing and install additional 25 MPH speed limit signing on River  
Valley Road from River Road to River View Drive.  
McElderry  
Sponsors:  
Attachments:  
Install a No Parking Any Time on north side of Pearl Street from eastern  
side of driveway to 1330 Pearl Street to 70 feet east of the western most  
driveway of 1342 Pearl Street.  
Moltzan  
Sponsors:  
Attachments:  
J.  
Install a No Parking Any Time on south side of Pearl Street between the  
western and eastern driveways to 1337 Pearl Street.  
Moltzan  
Sponsors:  
Attachments:  
K.  
Repaint the existing crosswalk and stop bar markings and the replace of all  
school zone crossing signs at the intersection of Arcadian Avenue and  
Oakland Avenue.  
Rodriguez  
Sponsors:  
Attachments:  
L.  
Install a permanent speed feedback sign for westbound Arcadian Avenue  
east of Oakland Avenue.  
Rodriguez  
Sponsors:  
Attachments:  
M.  
N.  
O.  
Install No Parking Here to Corner on the north side of W. Newhall Avenue  
from the center of S. Grand Avenue to 100 feet west.  
Public Works and Wells  
Sponsors:  
Attachments:  
Install stop signs on Margaret Street, Santa Monica Circle and Catherine  
Street at their intersections with Highland Avenue.  
Browne  
Sponsors:  
Attachments:  
Install a pedestrian crossing at the appropriate distance before the  
crosswalks located on Northview Road at Kayla Drive, across from  
Meadow View Park.  
Attachments:  
C. Ordinance & License Committee - Ald. Johnson  
1. Licenses  
Bartenders  
A.  
Other Licenses  
B.  
D. Human Resources - Ald. Manion  
E. Board of Public Works - Dr. Fred Abadi  
A.  
Review and act on an offer prepared by Single Source Inc. for the 2022  
STP St. Paul Avenue Project, WisDOT ID: 2718-04-71.  
Public Works  
Sponsors:  
B.  
Review and act on Contract Change Order No. 1 with Ford Construction  
Co., Inc., for the Fire Station No. 4 Renovation and Addition project.  
Public Works  
Sponsors:  
End of Consent Agenda  
6. New Business  
Review and approve contract for new City Logo  
A.  
A motion was made by Ald. Pieper, seconded by Ald. Wells, to approve contract  
for new City Logo. The motion carried by the following vote:  
11 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells,  
Moltzan, Miller and Browne  
4 - Manion, R. Lemke, C. Payne and McElderry  
Absent:  
Reports  
7. Other Boards and Commissions  
A. Transit Commission Report - Dr. Fred Abadi  
B. Water Utility Commission - Ald. Bartels  
C. Information Technology Board Report - Ald. Manion  
D. Landmarks Commission Report - Ald. Moltzan  
E. Redevelopment Authority Report - Ald. R. Lemke  
F. Parks, Recreation & Forestry Board Report - Ald. Johnson  
Review and act on grant of Easement to Everstream GLC Holding  
Company LLC for installation of fiber optic attachments within city property.  
Attachments:  
This item was removed from consent. No action was taken on this item.  
G. Library Board Report - Ald. Miller  
H. Cemetery Commission Report - Ald. McElderry  
I. Waukesha Housing Authority Report - Ald. Pieper  
J. Community Development Block Grant Committee Report - Jennifer Andrews  
K. Public Art Committee Report - Ald. Moltzan  
8. Plan Commission - Jennifer Andrews  
9. Standing Committees  
A. Finance Committee Report - Ald. Pieper  
B. Building & Grounds Committee Report - Ald. E. Payne  
C. Ordinance & License Committee Report - Ald. Johnson  
D. Human Resources Committee Report - Ald. Manion  
10. Board of Public Works Report - Dr. Fred Abadi  
11. Director of Public Works Report  
12. City Attorney’s Report  
13. City Administrator’s Report  
Report from the City Administrator  
A.  
14. Mayor’s Report & Referrals  
ID#21-2662 Council Seating Chart  
A.  
A motion was made by Ald. Browne, seconded by Ald. Miller, to approve the  
Council Seating Chart. The motion carried by the following vote:  
11 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells,  
Moltzan, Miller and Browne  
4 - Manion, R. Lemke, C. Payne and McElderry  
Absent:  
15. Referrals  
Ald. Rodriguez to Building and Grounds Committee to discuss and take possible action  
to refresh and/or replace the No Parking signs on Cleveland Ave.  
16. Closed Session  
Meeting went into closed session at 6:51pm. Ald. Moltzan was not in the room during the  
discussion relating to the City of Waukesha V. Town of Waukesha; She did participate in  
the discussion related to S.J. Louis Construction INC.  
A motion was made by Ald. Joe Pieper, seconded by Ald. Don Paul Browne, to  
go into closed session. Pursuant to Wis. Stat. 19.85(1)(g) to confer with legal  
counsel regarding a possible appeal of the Circuit Court's decision in City of  
Waukesha v. Town of Waukesha and regarding the approval and ratification of a  
settlement agreement with S.J. Louis Construction, INC./ to settle a dispute that  
would likely lead to litigation between the City and S.J. Louis. The motion  
carried by the following vote:  
10 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells, Miller  
and Browne  
4 - Manion, R. Lemke, C. Payne and McElderry  
Absent:  
Abstain:  
1 - Moltzan  
A.  
B.  
Confer with legal counsel regarding a possible appeal of the Circuit Court’s  
decision in City of Waukesha v. Town of Waukesha.  
Confer with legal counsel regarding the approval and ratification of a  
settlement agreement with S.J. Louis Construction, Inc., to settle a dispute  
that would likely lead to litigation between the City and S.J. Louis.  
17. Reconvene in Open Session  
The meeting reconvened in Open Session at 7:55pm.  
B.  
Possible discussion and/or action on conferring with legal counsel  
regarding the approval and ratification of a settlement agreement with S.J.  
Louis Construction, Inc., to settle a dispute that would likely lead to litigation  
between the City and S.J. Louis  
A motion was made by Ald. Bartels, seconded by Ald. D. Lemke, to ratify a  
settlement agreement signed by Atty. Brian Running to settle a dispute with S.J.  
Louis Construction, Inc. The motion carried by the following vote:  
11 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells,  
Moltzan, Miller and Browne  
4 - Manion, R. Lemke, C. Payne and McElderry  
Absent:  
A.  
Possible discussion and/or action on conferring with legal counsel  
regarding a possible appeal of the Circuit Court’s decision in City of  
Waukesha v. Town of Waukesha.  
Ald. Moltzan left the Council Chambers during the vote for this item.  
A motion was made by Ald. Pieper, seconded by Ald. Browne, to direct the City  
Attorney's office to file an appeal of the Circuit Court's decision in City of  
Waukesha V. Town of Waukesha. The motion carried by the following vote:  
10 -  
Aye:  
Pieper, Bartels, Cummings, Johnson, Rodriguez, D. Lemke, E. Payne, Wells, Miller  
and Browne  
5 - Manion, Moltzan, R. Lemke, C. Payne and McElderry  
Absent:  
18. Adjournment  
The meeting adjourned at 8:02pm  
Shawn Reilly, Mayor  
City of Waukesha  
NOTICE: Any person who has a qualifying disability under the Americans with Disabilities Act that requires that the  
meeting be accessible or that materials at the meeting be in an accessible format, please contact Fred Abadi, 48  
hours prior to the meeting at 524-3600 or by the Wisconsin Telecommunications Relay System so that  
arrangements may be made to accommodate the request.