Common Council Agenda & Packet (PDF)

CITY OF PLYMOUTH, WISCONSIN TUESDAY, MARCH 31, 2026 COMMON COUNCIL MEETING 7:00 PM COUNCIL CHAMBERS, ROOM 302 128 SMITH ST. PLYMOUTH, WI 53073 AG ENDA 1. Call to order and roll call: 2. Pledge of Allegiance. 3. Approval of the Consent Agenda (Alderpersons may request removal of item(s), or part thereof without debate or vote): A. Approve minutes of the meeting held Tuesday, March 10, 2026 B. Approve City and Utility Reports: I. Electric, Water and Sewer Sales Report – February 2026 II. Utility Related Write Offs for March 2026 - $1,742.80 C. Minutes acknowledged for filing – Police & Fire Commission: March 3 – Housing Authority: March 4 D. Receive and File Annual Liquor License report from Police Department E. Approve request from Ladewig-Zinkgraf American Legion Post 243 to hold the annual Memorial Day Parade on Monday, May 25, 2026 from 10 AM – 11 AM. Parade line up on East Main St., Parade Route west on Main St., South on Caroline St., East on Mill St., North on North St. to Union Cemetery for Ceremony 4. Audience Comments: Citizens comments must be recognized by the mayor or presiding officer and are limited to three minutes per perso n from those signed in on the registration sheet located at the back of the Council Chambers prior to the start of the meeting. 5. Items removed from Consent Agenda: 6. Public Hearing followed by Discussion and Action: A. Ordinance No. 5 An Ordinance Amending the City of Plymouth, Wisconsin Comprehensive Plan Existing Land Use Map and Future Land Use Plan Map by Changing Property from Agricultural to Industrial (Parcel # 59271-822750) – Jack Johnston, Assistant City Administrator/Community Development Director B. Ordinance No. 6 An Ordinance Amending Section 13-1-21, Zoning Map of the Zoning Code of the City of Plymouth from PUD Planned Unit Development to R-3 Two-Family Residential District (Parcel # 59271-827944) – Jack Johnston, Assistant City Administrator/Community Development Director 7. Resolution: A. Resolution No. 7 of 2026 Authorizing Borrowing from WPPI Energy – Tim Blakeslee, City Administrator/Utilities Manager 8. New Business: A. Discussion and Possible Action on First Amendment to Development Agreement – New Summits, LLC – Tim Blakeslee, City Administrator/Utilities Manager B. Discussion and Possible Approval of a Polaris Ranger from Feldmann Sales and Services in the amount of $21,885.79 for the Utilities – Ryan Roehrborn, Electrical Operations Manager 9. Adjourn to 7:00 PM on Tuesday, April 14, 2026 It is likely a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated me eting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmen tal body specifically referred to above in this notice. Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the City of Plymouth ADA Coordinat or Leah Federwisch, located in the Plymouth Utilities office at 900 County Road PP, Plymouth, WI or call 920-893-3853. CITY OF PLYMOUTH, WISCONSIN TUESDAY, MARCH 10, 2026 COMMON COUNCIL MEETING 7:00 PM COUNCIL CHAMBERS, ROOM 302 128 SMITH ST. PLYMOUTH, WI 53073 1. Call to order and roll call: Mayor Pohlman called the meeting to order at 7:00 PM. On the call of the roll, the following were present: Angie Matzdorf, Jeff Tauscheck, Diane Gilson, Mike Penkwitz, John Binder, Dana Haucke and Kevin Sande. Also present: City Administrator/Utilities Manager Tim Blakeslee, City Attorney Crystal Fieber, Police Chief Ken Ruggles, Deputy Police Chief Matt Starker, Assistant Administrator/Community Development Director Jack Johnson, and City Clerk/Deputy Treasurer Anna Voigt. 2. Pledge of Allegiance. 3. Approval of the Consent Agenda (Alderpersons may request removal of item(s), or part thereof without debate or vote): Motion was made by Binder/ Tauscheck to approve the consent agenda. Upon the call of the roll, all voted aye. Motion carried. A. Approve minutes of the meeting held Tuesday, February 24, 2026 B. Approve City and Utility Reports: I. List of City & Utility Vouchers dated 02/01/2026 – 02/28/2026 C. Minutes acknowledged for filing – Library Board: February 2 – Plymouth Community Television: February 19 - Police & Fire Commission: February 17- Committee of the Whole: February 24 – Finance and Personnel: February 24 D. Building Report for February 2026 – 19 Permits at $974,664 E. Approve change of agent for “Class A” Alcohol License for GPM Southeast LLC (R -Store) to Daniel Salaja – Approved by Clerk’s Office and Police Department F. Approve Application for Event from Nourish Farms, Inc.: Plymouth Farmers Market, to be held Thursdays, June – October. Request for Stayer Park Shelter Fee be waived. 4. Audience Comments: Citizens comments must be recognized by the mayor or presiding officer and are limited to three minutes per person from those signed in on the registration sheet located at the back of the Council Chambers prior to the start of the meeting .: Scott Overby thanked the Council for approving the Farmers’ Market at Stayer Park for the 3 rd year. 5. Items removed from Consent Agenda: None 6. Public Hearing followed by Discussion and Action: A. Ordinance No. 4 Amending Section 13-1-21, Zoning Map of the Zoning Code of the City of Plymouth (Parcel # 59271821085); to Rezone ~ 6.875 acres of land from R-4 Multi-Family Residential District to R-5 Traditional Neighborhood District – Mayor Pohlman opened the public hearing at 7:03 PM. Assistant Administrator/Community Development Director Johnston explained that this rezone is for a 94-lot single family residential subdivision along Pleasant View Rd by the Sheboygan County Economic Development Corporation (SCEDC). The Plan Commission approved the preliminary plat in April 2025. With no other comments the Mayor closed the public hearing at 7:06 PM. Motion was made by Tauscheck/Penkwitz to approve Ordinance 4. Upon the call of the roll, all voted aye. Motion carried. 7. Resolution: A. Resolution No. 6 of 2026 Amending the 2026 Salary Schedule Related to the Fire Chief – Blakeslee explained to assist with the Fire Chief recruitment process IPA recommended updating the wage range for the Fire Chief to better reflect current market conditions. Motion was made by Penkwitz/Tauscheck to approve Resolution 6. Upon the call of the roll, all voted aye. Motion carried. 8. New Business: A. Presentation on Police Department Staffing Options Assessment from Mueller Communications – Maddie Krebs and Mia Tripi from Mueller Communications did a presentation on the Public Safety Staffing Options and Community Survey. B. Discussion and Possible Action on West Stafford St Parking Lot CSM – Johnson explained that this is a CSM to combine all the purchased parcels for the West Stafford St. parking lot. The Plan Commission unanimously recommended approval. Motion was made by Tauscheck/Gilson to approve the CSM. Upon the call of the roll, all voted aye. Motion carried. C. Discussion and Possible Action on Intergovernmental Agreement with the City of Sheboygan regarding Assessment Services– Blakeslee explained that the City is currently under contract with Associated Appraisals though the end of 2026 for assessment services. Staff has been in discussion with the City of Sheboygan regarding the potential creation of a shared, in-house assessor’s office with the option to add additional communities over time. In addition, the State of Wisconsin Innovation Grant is available to help support shared service programs for approximately five years. The agreement is for a four- year term, with a first-year cost of $54,680 and annual increases of 3 percent. Motion was made by Binder/Tauscheck to approve the agreement with the City of Sheboygan and authorize staff to finalize minor language changes as needed. Upon the call of the roll, all voted aye. Motion carried. 9. Entertain a Motion to go into Closed Session for the following: Motion was made by Tauscheck/Penkwitz to go into closed session. Upon the call of the roll, all voted aye. Motion carried. Pursuant to Wis. Stat. 19.85 (1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining require a closed session – Regarding Sartori Development Agreement Negotiations AND Pursuant to Wis. Stat. 19.85 (1)(c) for considering, employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility – Regarding Fire Chief Compensation Motion was made by Haucke/Tauscheck to come out of closed session. Upon the call of the roll, all voted aye. Motion carried. 10. Adjourn to 7:00 PM on Tuesday, March 31, 2026: Motion was made by Binder/Tauscheck to adjourn the meeting. A unanimous aye vote was cast. Motion carried. Plymouth Utilities FEBRUARY 2026 SALES & REVENUE February 2026 Electric Sales 9.1% 2.3% 3.4% 6.2% (0) 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 10. Residential 12. Co mmercial 13. Industrial 14. Other Month Electric Sales (kwH) Feb-26 Feb-25 % Var 5.2% -0.2% 1.4% -6.7% (0) 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 10. Residential 12. Co mmercial 13. Industrial 14. Other YTD Electric Sales (kwH) Febuary YTD 2026 Febuary YTD 2025 % Var February 2026 Electric Revenue 27.7% 24.6% 22.9% 29.0% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 10. Residenti al 12. Commercial 13. Industrial 14. Other Month Electric Revenue Feb-26 Feb-25 % Var 19.9% 15.8% 16.9% 13.4% $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 10. Residenti al 12. Commercial 13. Industrial 14. Other YTD Electric Revenue Febuary YTD 2026 Febuary YTD 2025 % Var February 2026 Water Revenue 4.3% 6.4% 4.9% 15.9% -3.1% 1.6% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 20. Residential 21. Mu ltifamily22. Co mmercial23. Industrial 24. Other 25. Fire Protect Month Water Revenue Feb-26 Feb-25 % Var 1.1% 4.9% 0.7% 12.4% -5.1% 1.2% $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 20. Residential 21. Mu ltifamily22. Co mmercial23. Industrial 24. Other 25. Fire Protect YTD Water Revenue Febuary YTD 2026 Febuary YTD 2025 % Var February 2026 Sewer Revenue 4.2% 7.4% 39.0% -45.9% $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 30. Residential 32. Co mmercial 33. Industrial 34. Other Month Sewer Revenue Feb-26 Feb-25 % Var 1.0% 4.0% 30.8% -17.4% $0 $50,000 $100,000 $150,000 $200,000 $250,000 30. Residential 32. Co mmercial 33. Industrial 34. Other YTD Sewer Revenue Febuary YTD 2026 Febuary YTD 2025 % Var Electric $4,246,489 83% Water $400,209 8% Sewer $472,516 9% 2026 Utility Revenue Page: 1Transaction Register - Writeoffs for Council- CJRPLYMOUTH UTILITIES Mar 23, 2026 10:20AMDates: 02/14/2026 - 03/23/2026 Report Criteria: Selected types: Write Off Name Customer Number Type Reference Number Description Check Number Amount Msg Service Write Off 02/23/2026 PFEIFER, KEVIN 13.87.29882.54 Write 1 WRITE OFF - IN HOUSE .02- M PNL ELEC VANSKEY, ASHLEY 10.87.36672.04 Write 2 WRITE OFF - IN HOUSE .38- M Multiple PLEASANT VIEW TOWNH 12.87.45010.07 Write 3 Write-off .13- M Multiple THOMSON, SCOTT 20.88.12651.06 Write 4 WRITE OFF - IN HOUSE 1.78- M Multiple Total 02/23/2026: 2.31- 03/02/2026 BILEK, ANNA & AARON 1.88.62005.07 Write 1 Write-off per CR 1.41- M EL RS CU BEHNKE, RODNEY 14.88.27512.06 Write 2 WRITE OFF IN-HOUSE 45.29- M Multiple HARNEY, TINA 12.87.18857.07 Write 3 WRITE OFF IN-HOUSE 24.48- M Multiple Total 03/02/2026: 71.18- 03/03/2026 BORDEAU, TYLER & ASHL1.88.63675.29Write 1 Write-off 1.41- M EL RS CU Total 03/03/2026: 1.41- 03/04/2026 KROLL, MEAGHAN 6.87.10064.18 Write 1 WRITE-OFF TO SDC 427.46- M Multiple BITNEY, SHAUN 6.87.05142.29 Write 2 WRITE-OFF TO SDC 465.54- M Multiple AUSLOOS, ELLIE 11.87.41947.15 Write 3 WRITE-OFF TO SDC 533.29- M Multiple BAILEY, TAMIKA 12.87.46080.09 Write 4 WRITE-OFF TO SDC 164.50- M Multiple PETERSON, JESSE 14.88.04801.11 Write 5 WRITE-OFF TO SDC 74.95- M Multiple Total 03/04/2026: 1,665.74- 03/19/2026 SCHAFER, JASON 18.87.25823.29 Write 1 Write-off 2.04- M PNL ELEC HOUSING AUTHORITY 12.88.17149.14 Write 2 Write-off .12- M PNL ELEC Total 03/19/2026: 2.16- Total Write Off: 1,742.80- Grand Totals: 1,742.80- Msg: M= Manually Allocated F= Final Bill 1 City of Plymouth Police and Fire Commission Meeting Tuesday, March 3, 2026 @ 8:30 A.M. Room 210 Plymouth City Hall, 128 Smith Street, Plymouth, WI 53073 Members Present: President Mark Melcher, Vice President James Flanagan, Secretary Warren Wieser, Gary Rooker, Tim Lemkuil, and Police Chief Ken Ruggles. Guest: Jess Wildes and Paul Stephens (Zoom) - Innovative Public Advisors (IPA) Representatives. Phone: Acting Co-Fire Chiefs Michael Birschbach and Jason McCoy. Call to Order: President Mark Melcher, called the meeting to order at 8:30 A.M. in Room 210 @ City Hall, located at 128 Smith Street, Plymouth, Wisconsin. Person’s desire to be heard before the Commission: None. Consideration and approval of minutes: A motion made by Tim Lemkuil and second by James Flanagan to approve the Police and Fire Commission meeting minutes of February 17, 2026. Motion carried. Entertain a motion to go into closed session – Fire Department Chief Interviews. Commission Members and IPA representatives, via Zoom. A motion by Warren Wieser and second by Tim Lemkuil to enter closed session. Motion carried. Entertain a motion to go into open session: A motion by Warren Wieser and second by Gary Rooker to enter open session. Motion carried. Report from the Chiefs of the Fire Department: Fire Chiefs attempted to communicate via phone. Commission members were losing phone connection. Will be an agenda item at April meeting. 2 Report from the Chiefs of Police: 1 – Chief Ruggles reported on upcoming special events. i.e., Irish Walk, Maple Fest held at City Park. 2 - Chief Ruggles updated commission members on continued training of Police Department Personnel. 3 - Chief Ruggles informed commission members of an upcoming presentation to the Committee of the Whole, by the city’s consultant developing a plan for City of Plymouth staffing level referendum scheduled for later this year. 4 – Chief Ruggles informed commission members of an outbreak of flu within the police department. 5 – Chief Ruggles reported the new hire for Police Office specialist started to work today. 6 – Chief Ruggles informed commission members of the purchase of new AEDs for city hall, library, and other city of Plymouth facilities. 7– Chief Ruggles reported Officer J. Welsch received a well-deserved recognition. More information will be given later. 8 – Chief Ruggles informed commission members of a recent Common Council decision to turn down a liquor license requested by a potential purchaser of Turner Hall. Discussion of the in-person interviews with the finalists on March 9, 2026: This has been covered during the meeting. Commission members decided not to take any additional action. Adjourn: President, Mark Melcher asked for a motion to adjourn. Motion for adjournment at 9:25 A.M.by Warren Wieser and second by Tim Lemkuil. Motion carried. Submitted on the Third of March 2026. 3 Warren Wieser--- Secretary THE HOUSING AUTHORITY OF THE CITY OF PLYMOUTH 1214 Reed Street Plymouth, WI 53073 920-893-5133, 920-893-6117(fax) BOARD OF COMMISSIONERS REGULAR MONTHLY MEETING GENERAL MEETING CALL TO ORDER: The regular monthly meeting of the Board of Commissioners was called to order at 9:02am, March 4, 2026 by Chairperson Linda Opitz Chairman: Linda Opitz Commissioner: Dennis McMullen Commissioner Marsha Vollbrecht Commissioner: William McCreedy (Absent) Commissioner Mike Olig Secretary: Teresa Cruz PROCEEDINGS 1. The minutes of the March 4th, 2026 meeting were read. After review of the minutes, a motion was made by Commissioner Vollbrecht and second by Commissioner Olig to approve the minutes. The motion was carried. 2. Recognition of tenant concerns: a. Smoking policies and procedures discussed. Letter sent out to all tenants in regards to rules and regulations of smoking in the units. 3. The February 2026, Income and Expense report was reviewed. A motion was made by Commissioner Olig and second by Commissioner McMullen to approve the financial report. The motion carried. 4. The February 2026 invoices were reviewed and discussed and questions were answered by the Executive Director. Commissioner McMullen moved that all invoices be paid with Commissioner Olig seconding the motion. The motion carried. SECRETARY’S REPORT A. Two units are schedule for furnace replacements using 2024 capital funds. B. HUDs decrease in funding state wide discussed. Old BUSINESS A. New Chairperson Mike Olig voted in. B. Banking structures and investments discussed. To be tabled until next meeting. C. Operating policies section 1 approved with maternity/paternity leave details updated. NEW BUSINESS A. Weatherization program still in the works. ED working with individual tenants to apply for energy assistance. B. Cooperative agreement with City of Plymouth reviewed. C. Potential repositioning to RAD/SEC 8 programing tabled until August. There was no further business to come before the Commissioners of the Authority. A motion to adjourn at 10:05m by Commissioner Vollbrecht and seconded by Commissioner McMullen. The motion carried. The next scheduled regular meeting is April 8th. Respectfully submitted, Teresa Cruz Executive Director 3/25/2026 City of Plymouth 128 Smith St. - P.O. Box 107 Plymouth, WI 53073-0107 Telephone: (920) 893-3739 Facsimile: (920) 893-0183 Web Site: plymouthgov.com DATE: March 23, 2026 TO: Common Council & Mayor FROM: Jack Johnston, Assistant City Administrator/Community Development Director RE: Ordinance No. 5 An Ordinance Amending the City of Plymouth, Wisconsin Comprehensive Plan Existing Land Use Map and Future Land Use Plan Map by Changing Property from Agricultural to Industrial (Parcel # 59271-822750) Ordinance No. 6 An Ordinance Amending Section 13-1-21, Zoning Map of the Zoning Code of the City of Plymouth from PUD Planned Unit Development to R-3 Two-Family Residential District (Parcel # 59271-827944) Background: In December of 2025, the Plan Commission reviewed a concept plan for a six building, 12- unit owner-occupied condominium plan along the east side of Pleasant View Road next to the existing Pleasant View Townhomes development. The Plan Commission gave positive feedback for the development and instructed staff to work with the applicant on the necessary zoning approvals. The first step in the zoning approval process is a comprehensive plan amendment from commercial to residential and re -zone for the property from PUD Planned Unit Development to R-3 Two Family Residential. Zoning/Comprehensive Plan: The subject property has Planned Unit Development (PUD) zoning from when the Townhomes property to the east was originally approved in 2012. The PUD zoning district is intended to “provide for greater flexibility in design” than what is traditionally allowed in regular City zoning districts, typically in regards to density, setbacks, etc. Based on research and conversations with City staff present at the time the original Townhomes development was constructed, the PUD district was sought to alleviate density restrictions. At the time, the Townhomes development was going to be constructed in phases, with phase 1 c onsisting of the two now built and existing buildings (24 living units in total), and phase 2 adding an additional 2 buildings (also 24 living units). Phase 1 was built but, phase 2 was never constructed. Staff has discussed the current PUD zoning and has recommended the applicants seek a rezone out of PUD and into one of the residential zoning districts that accommodate two-family (duplex) developments. Further, staff typically discourages PUD developments except in extenuating circumstances. Since the applicant can meet the code for R -3 without any exceptions, they are moving forward with a rezone petition into R-3 Two-Family Residential District that allows duplex developments as a permitted use. The City’s Comprehensive Plan designates this area as “commercial” on the future land use map, so if the applicant is seeking a rezone out of PUD and into a residential zoning district, a comprehensive plan amendment application has also been submitted to redesignate this land as “residential” on the existing and future land use maps for the City’s Comprehensive Plan. 2024 Housing Study: The 2024 City of Plymouth Housing Study forecasted a need for 50 market-rate, owner-occupied 2-bedroom home options within Plymouth by the end of 2034. While both the Landing at Hub City development by Walmart and the planned PRE/3 development along STH 67 have two-bedroom options, this will be the first owner -occupied 2 bedroom units to come to Plymouth since that report was released. Because of this, staff supports the proposed rezone and comprehensive plan amendment to keep the project moving forward. Concept Site Design: At the December Plan Commission meeting, the applicant provided a rough site plan proposal. Since then, the applicant has engaged Parish Engineering to further design the site. Parish has provided a more refined concept site plan included in the packet materials for the Common Council to see. In short, the proposal calls for 6 duplex buildings (12 units total). The developers have indicated that these properties would be condos and not rentals. However, please recall that this meeting only concerns the zoning applications for the rezone and Comprehensive Plan at this time. The concept site plan should be viewed as an exhibit only for the sake this meeting. A full site plan review and approval will be necessary at a future Plan Commission meeting, along with any platting. Roadways/Access: The concept plan shows the site would be served by the existing driveway off of Pleasant View Road. Plymouth Fire Department has reviewed the concept plan for the new housing units and is comfortable with access for emergency vehicles. Duplex Amenities/Design: In December, the applicant provided some details on the proposed two-family residences in their submitted materials: • The current conceptual plan is to construct six two family building units under one condominium association. The units will be 1200 – 1350 square feet on the first floor with options for added living space on the lower level with walk out access where poss ible. If walk out access is not possible code compliant egress units will be installed. Each unit will have a two-stall garage, two bedrooms, two bathrooms, a kitchen, a living room, and first floor laundry. Exterior finishes will be asphalt shingles, alum inum soffit, vinyl siding, fiberglass entry doors and insulated overhead doors. Interior finishes will be painted cabinetry, trim, and doors, LVP and LVT flooring and carpet. Once completed, the association will take over all lawn maintenance and snow removal for the entire project. Our goal is to make these units quality, yet affordable for the homeowner to purchase. After discussing this with the applicant, this is still the general idea for the homes. Residential Parking: Code requires at least 2 parking stalls per unit in both R-3. The applicant has indicated that each unit will have a two-car garage so this code requirement is being satisfied. Wetlands/Stormwater Management: When the phase 1 townhome development was built about ten years ago, a stormwater management pond was installed on the north side of the parcel where these new two- family condos are being proposed. The pond was designed to accommodate both phase 1 (already built) and the formerly proposed phase 2 (an additional 24 rental units across two buildings). As such, the existing stormwater pond should be able to serve the new proposal. The applicant will be responsible to provide an updated verification memo to the City that the existing stormwater pond is functioning as designed and can accommodate both the current development and this proposal. This will then be reviewed by the City Engineer and the City’s consulting engineer to ensure its accurateness. Next Steps/Condo Plat: If the Comprehensive Plan and rezoning petitions are both approved by the Common Council, staff will continue to work with the developer on the next steps. If the applicant would like these condos to be owner-occupied and not rentals, it is likely there a condominium plat will be the next application the Plan Commission will review to officially divide the real estate. The applicant must adhere to code requirement in both R -3 that require 12,000 square feet minimum lot sizes for each two-family residential building. Based on the current acreage of the existing parcel, the proposed six buildings are well within that range. Staff Recommendation: City staff requests the Common Council hold a public hearing for Comprehensive Plan amendment and the rezone petition as two separate public hearings. Staff recommends the Common Council approve the following applications as presented: • Comprehensive Plan Amendment application to redesignate parcel #59271-827944 from commercial to residential on the existing and future land use map of the City’s Comprehensive Plan. • Rezoning petition to rezone parcel # 59271-827944 from PUD Planned Unit Development to R-3 Two Family Residential District Copies Mailed/Emailed To: I. Kacey Calvey: k.calvey@maidenbsc.com II. Kevin Parish: kparish@parishse.com Attachments: I. Applicant Materials II. Ordinance No. 5 III. Ordinance No. 6 Action Date Status Plan Commission Meeting; Rezone Request 12/4/2025 Rec. Proceed Public Notice for Rezone; mailer to property owners within 100’ 2/12/2026 Mailed Public Notice to Town of Plymouth 2/12/2026 Mailed Public Notice for Comp. Plan to newspaper 2/27/2026 Published Plan Commission Meeting; Rezone and Comp Plan Recommendation 3/5/2026 Rec. Approval Public Notice for Rezone to newspaper 3/13, 3/20 Published Common Council Meeting: Rezone and Comp Plan Public Hearing & Ordinance 3/31/2026 This meeting Plan Commission Site Plan Review/Condo Plat - Upcoming 2/4/2026 C1.00 122 Wisconsin Street, West Bend, WI 53095262.346.7800 www.parishse.com CONCEPTPLEASANTVIEW CONDONMINIUMS563 N PLEASANT VIEW ROADPLYMOUTH, WI 53073 \SC-01-25\ CONCEPTPLANKJPKJPKJP CITY OF PLYMOUTH, WISCONSIN Ordinance No. of 2026 AN ORDINANCE AMENDING THE CITY OF PLYMOUTH, WISCONSIN COMPREHENSIVE PLAN EXISTING LAND USE MAP AND FUTURE LAND USE PLAN MAP BY CHANGING PROPERTY FROM COMMERCIAL TO RESIDENTIAL WHEREAS, Kacey Calvey has requested a Comprehensive Plan amendment for approximately 5.88 acres of real property lying east of Pleasant View Road and south of Kiley Way and being Parcel No. 59271-827944 (the "Property"); and WHEREAS, the Property is currently zoned PUD Planned Unit Development on the zoning map of the City of Plymouth and the developer has petitioned for the rezoning to R -3 Two-Family Residential District; and WHEREAS, the City of Plymouth Comprehensive Plan adopted October 25, 2022, designates the described Property as Commercia l, which is inconsistent with the proposed zoning; and WHEREAS, Wis. Stat. § 66.1001 requires that any amendment to a City zoning ordinance or map be consistent with the City’s Comprehensive Plan and that best management practices are to ensure zoning and land use designations are consistent; and WHEREAS, the City of Plymouth Plan Commission has recommended that the Common Council amend the Comprehensive Plan to re -designate the herein described property as Residential on the Comprehensive Plan Existing Land Use Map and Future Land Use Plan Map; and WHEREAS, a public hearing was held before the Common Council on March 31, 2026, after duly publishing notice of such hearing, pursuant to Wis. Stat. § 66.1001(4); and WHEREAS, the Common Council has determined that an amendment to the Comprehensive Plan will promote the orderly development of land in the City of Plymouth. NOW, THEREFORE , the Common Council of the City of Plymouth, Wisconsin, does hereby ordain as follows: Section 1. Amending Comprehensive Plan. The City of Plymouth Comprehensive Plan Existing Land Use Map and Future Land Use Plan Map are hereby amended to re-designate the approximately 5.88 acres of real property lying east of Pleasant View Road and south of Kiley Way being Parcel No. 59271-827944 to Residential. (The remainder of this page intentionally blank; signature page to follow.) Section 2. Effective Date. This Ordinance shall take effect the day after publication. Enacted on , 2026. CITY OF PLYMOUTH By: DONALD O. POHLMAN, Mayor Date: , 2026 CLERK’S CERTIFICATE OF ENACTMENT I hereby certify that the foregoing Ordinance was duly enacted by the City of Plymouth Common Council and approved by the Mayor on the dates indicated above. Dated: , 2026 ANNA VOIGT, Clerk CITY OF PLYMOUTH, WISCONSIN Ordinance No. of 2026 AN ORDINANCE AMENDING SECTION 13-1-21, ZONING MAP OF THE ZONING CODE OF THE CITY OF PLYMOUTH WHEREAS, the City of Plymouth received a request from Kacey Calvey to amend the City of Plymouth Zoning Map from PUD Planned Unit Development to R-3 Two-Family Residential District for approximately 5.88 acres of real property lying on the east side of Pleasant View Road, and as more specifically described on the attached Exhibit A (hereinafter referred to as the "Property"); and WHEREAS, on March 5, 2026 , the Plan Commission recommended approval of the rezoning application and supplementary materials and recommended the property to be rezoned to Two-Family Residential District (R-3); and WHEREAS, on March 31, 2026, a public hearing was held before the Common Council on the rezoning application, after providing notice as required by Wis. Stat. § 62.23 and City Ordinance Section 13-1-192; and WHEREAS, an ordinance amending the City of Plymouth Comprehensive Plan maps has been approved to ensure the proposed rezoning is consistent with the City of Plymouth Comprehensive Plan of 2022; and NOW, THEREFORE , the Common Council of the City of Plymouth, Wisconsin, does hereby ordain as follows: Section 1. Amending Code. Section 13-1-21, Zoning Map of the City of Plymouth is hereby amended so that the map entitled “Zoning Map, Plymouth, Wisconsin” designates the classification of property as more specifically shown on Exhibit A, as Two-Family Residential District (R-3). Section 2. Severability. Should any portion of this Ordinance or the affected Municipal Code Section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder shall not be affected. Section 3. Effective Date. This Ordinance shall take effect the day after publication. Enacted on , 2026. CITY OF PLYMOUTH By: Donald O. Pohlman, Mayor Date: 2 CLERK'S CERTIFICATE OF ENACTMENT I hereby certify that the foregoing Ordinance was duly enacted by the City of Plymouth Common Council and approved by the Mayor on the dates indicated above. Dated: , 2026 Anna Voigt, Clerk 3 EXHIBIT A Rezoning Map DATE: March 31, 2026 TO: Mayor and Common Council FROM: Tim Blakeslee, City Administrator/Utilities Manager RE: Discussion and possible action regarding Resolution No. 7 - Authorizing Borrowing from WPPI Energy Background: On November 25, 2025, Council approved staff of filing an application for the WPPI Member RLF program. The City’s allowable loan amount under this program is $400,000. The terms of this loan program include an interest-free loan repayable over 10 years, with an origination fee of $4,000 (1% of the loan amount). Funding from this program would be used for Phase One and Phase Two of the fiber communication extension to Substation #5. On February 26, 2026, the WPPI Energy Executive Committee unanimously approved of Plymouth Utilities application for the amount of $400,000. If the resolution is approved by Council, Plymouth Utilities will receive the program funds in April 2026, and repayment of the loan will commence in May 2026 with monthly payments of $3,333. Recommendation: Approval of Resolution No. 7 - Authorizing Borrowing from WPPI Energy Attachments: • Resolution No. 7 - Authorizing Borrowing from WPPI Energy • Plymouth Member Loan Promissory Note 2026 • Plymouth Member Loan Agreement 2026 Plymouth Utilities 900 CTH PP - P.O. Box 277 Plymouth, WI 53073-0277 Telephone: 920-893-1471 Facsimile: 920-892-2760 www.PlymouthUtilities.com plymouthutilities@plymouthutilities.com RESOLUTION NO. 7 of 2026 RESOLUTION AUTHORIZING BORROWING FROM WPPI ENERGY WHEREAS, Plymouth Utilities of the City of Plymouth, Wisconsin (the “Utility”) intends to install fiber communications critical to the operation of new Substation 5 (the “Project”); WHEREAS, in order to fund all or a portion of the Project, the Utility intends to borrow from WPPI Energy (“WPPI”) an amount not to exceed four hundred thousand and 00/100 Dollars ($400,000.00) at an interest rate of zero percent (0%) over a ten (10) -year term (the “Loan”); and WHEREAS, the Loan will be evidenced and secured by a promissory note from the Utility to WPPI (the “Note”) and a loan agreement by and between the Utility and WPPI (the “Loan Agreement”, and together with the Note, the “Loan Documents”); and WHEREAS, the Common Council has determined that funding of the Project, in whole or in part, through the Loan and executing and delivering the Loan Documents in substantially the form presented is necessary and in the best interest of the Utility. NOW, THEREFORE, BE IT RESOLVED by the Common Council that: 1. The Loan Documents, as presented to the Common Council, and all of the terms and conditions therein are hereby approved. The Utility manager, or officers authorized to act in their absence, are authorized on behalf of the Utility to execute and deliver the Loan Documents in substantially their respective forms as presented to the Common Council. The Utility manager and officers authorized to act in their absence are hereby authorized to prepare or to have prepared and to execute, file and deliver, as appropriate, all such other documents, affidavits, agreements or instruments as may be deemed necessary by those officials in order to effectuate the Loan as contemplated in this Resolution. 2. This Resolution shall be effective immediately upon its adoption and approval. 2 Adopted and approved by the Common Council this 31st day of March, 2026. CITY OF PLYMOUTH Donald O. Pohlman, Mayor Anna Voigt, Clerk Resolution Requested By: Tim Blakeslee, City Administrator/Utilities Manager EXECUTION COPY Page 1 of 4 Promissory Note $400,000.00 _____________, 2026 For value received, the undersigned, Plymouth Utilities (“Borrower”), which has an address of 900 CTH PP, Plymouth, WI 53073 -0277, promises to pay to the order of WPPI Energy (“WPPI”), which has an address of 1425 Corporate Center Drive, Sun Prairie, Wisconsin 53590 , the principal sum of four hundred thousand and 00/100 Dollars ($400,000.00) (the “Loan”), together with interest on the principal sum from the date of this Promissory Note until paid in full, at the rate and at the times described in this Promissory Note. 1. Interest Rate. No interest shall accrue on the unpaid principal balance of the Loan except in the case of (i) delinquent monthly installment payments; or (ii) the occurrence of an Event of Default (as defined below). Until the occurrence of an Event of Default, interest on delinquent monthly installment payments shall accrue daily at the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Midwest edition of The Wall Street Journal under “Money Rates” on such day (or if not published on such day on the most recent preceding day on which published). From and after the occurrence of an Event of Default, interest will accrue on the unpaid principal balance of the Loan and on accrued interest outstanding from time to time under the Loan Documents at a rate of eighteen percent (18%) per annum, until the Event of Default is cured to the reasonable satisfaction of WPPI. 2. Payments. Commencing in May 2026 , Borrower shall make monthly installment payments of interest due (in arrears), if any, as set forth above, plus a principal payment of three thousand three hundred thirty -three and 33/100 Dollars ($3,333.33) to WPPI. WPPI shall invoice Borrower on a monthly basis, and the due date of the invoice shall be the 28 th day of each calendar month. If the due date falls on a holiday or weekend, payments shall be remitted on the first business day after the due date. All payments of principal and interest shall be made in lawful money of the United States of America and remitted to WPPI’s banking institution by the due date, or as may be otherwise designated by WPPI from time to time in writing. Unless otherwise agreed to in writing, or otherwise required by applicable law, payments will be applied first to accrued, unpaid interest, then to any unpaid collection costs, late charges and other charges, and any remaining amount to principal, provided however, upon delinquency or another Event of Default, WPPI reserves the right to apply payments among principal, interest, late charges, collection costs and other charges at its discretion. 3. Final Payment. The unpaid principal balance of the Loan, all accrued and unpaid interest, if any, and all other sums due and payable under this Promissory Note, if not sooner paid, shall be paid to WPPI in full on March 28, 2036 (the “Maturity Date”). 4. Prepayment. The Loan may be prepaid in full or in part at any time without penalty. EXECUTION COPY Page 2 of 4 5. Loan Agreement . This Promissory Note is given pursuant to and is subject to the terms of a Loan Agreement, dated as of the date of this Promissory Note between Borrower and WPPI (the “ Loan Agreement”). All capitalized definitional terms used but not otherwise defined in this Promissory Note shall have the meanings given to those terms in the Loan Agreement. 6. Not General Obligation Indebtedness. The Loan does not now and shall never constitute an indebtedness of the City of Plymouth within the meaning of any state constitutional provision or statutory limitation, and shall not constitute a charge against the City of Plymouth’s general credit or taxing powers. The Loan is payable solely and only from the income and revenue to be derived from the operation of Borrower’s electric utility system (the “System”) after provision has been made for reasonable and necessary expenses of operation, maintenance and administration of the System, including Borrower’s obligations under the Long Term Power Supply Contract for Participating Members, dated as of January 1, 2002 , between the City of Plymouth and WPPI . Payments on the Loan shall be subordinate to payments of principal and interest on any First Priority Debt, as defined and more fully described in the Loan Agreement. 7. Default and Remedies . At the option of WPPI, the occurrence of one or more of the following shall constitute a default by Borrower under this Promissory Note (an “Event of Default”): (a) Borrower fails to make any payment to WPPI when due under this Promissory Note, and that failure is not cured within the time period (in no event shorter than three (3) business days) specified in a notice thereof given by WPPI to Borrower; or (b) Borrower is in default beyond any applicable notice and cure period under the Loan Agreement. Borrower agrees to pay all costs of collection when incurred, whether suit be brought or not, including reasonable attorneys’ fees and costs of suit and preparation therefor, and to perform and comply with each of the covenants, conditions, provisions and agreements of Borrower contained in this Promissory Note and the Loan Agreement. The rights and remedies herein specified are cumulative and are not exclusive of any rights or remedies that WPPI would otherwise have. 8. Maximum Rate of Interest . No provision of this Promissory Note or the Loan Agreement will be deemed to require Borrower to pay or be liable for the payment of interest in excess of the maximum legal rate of interest (if there is any maximum) allowable under applicable law. If for any reason interest in excess of the maximum legal rate of interest is paid under this Promissory Note, the excess will constitute and be treated as a payment of principal under this Promissory Note, and will reduce the principal balance of this Promissory Note by the amount of the excess, or if in excess of the principal balance, the excess will be refunded to Borrower. EXECUTION COPY Page 3 of 4 9. Waivers. (a) Borrower hereby waives presentment and demand for payment, notice of dishonor, protest and notice of protest, and diligence in collection. Borrower hereby agrees that WPPI may: (i) extend the time of payment of the amounts outstanding or due under this Promissory Note; (ii) reduce the payments on this Promissory Note; (iii) release anyone liable for any of the amounts outstanding or due under this Promissory Note; (iv) accept a renewal of this Promissory Note; (v) join in any extension or subordination agreement with respect to the indebtedness evidenced by this Promissory Note; or (vi) agree in writing with Borrower to modify the rate of interest of this Promissory Note. Maker further waives, to the extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Promissory Note. (b) Borrower hereby agrees that none of the actions specified in the preceding paragraph shall: (i) affect the obligation of Borrower to pay the outstanding principal balance of this Promissory Note and to observe the covenants of Borrower contained in this Promissory Note and the Loan Agreement; (ii) require giving notice to, or obtaining the consent from, Borrower, or the successors or assigns of Borrower; or (iii) result in the incurrence of any liability on the part of WPPI. (c) No delay or omission on the part of WPPI in exercising any right hereunder or under the Loan Agreement shall operate as a waiver of that option and right or of any other right hereunder or under the Loan Agreement. WPPI’s acceptance of any payment or partial payment after the occurrence of an event of default, even though marked “Payment in Full,” shall not constitute waiver of the default or WPPI’s rights and remedies upon such default. No waiver by WPPI shall be effective unless it is in writing, signed by WPPI. 10. Choice of Law . Except as provided in Section 6, herein, t his Promissory Note and any proceedings on it shall be governed and construed in all res pects and under all circumstances by the laws of the State of Wisconsin. 11. Severability. If any provision of this Promissory Note or any application of that provision is declared by a court of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability shall not affect any other application of that provision nor the balance of the provisions of this Promissory Note which shall, to the fullest extent possible, remain in full force and effect, and such court shall reform such unenforceable provision so as to give the maximum permissible effect to the intentions of the parties as expressed therein. 12. Notices. Whenever WPPI or Borrower desires to give any notice to the other, it shall be sufficient for all purposes if the notice is personally delivered, sent by registered or certified United States mail, postage prepaid, or sent by nationally recognized overnight courier, addressed to the intended recipient at the address listed at EXECUTION COPY Page 4 of 4 the beginning of this Promissory Note for the Borrower, or such other address as hereafter specified in writing, and for WPPI at the address listed at the beginning of this Promissory Note, or such other address as hereafter specified in writing. 13. Successors. Borrower includes any successors, heirs, representatives, or assigns of Borrower, provided that Borrower may not assign or transfer its interest or obligations under this Promissory Note or the Loan Agreement without the prior written consent of WPPI, which consent may be withheld in the sole discretion of WPPI. All rights, powers, privileges and immunities herein granted to WPPI shall extend to its successors and assigns and any other legal holder of this Promissory Note, with full right by WPPI to assign and/or sell the same. IN WITNESS WHEREOF, Borrower has executed this Promissory Note as of the day and year first above written. PLYMOUTH UTILITIES By: Name: Tim Blakeslee Title: Utility Manager and City Administrator EXECUTION COPY Page 1 of 9 LOAN AGREEMENT This Loan Agreement (this “ Agreement”) is entered into as of this ______ day of _________, 20 26, by and between WPPI Energy , a Wisconsin municipal electric company (“WPPI”) and Plymouth Utilities, Plymouth, Wisconsin (“Utility”). RECITALS A. WPPI has established a low -interest loan program pursuant to which money may be loaned to members or member utilities of WPPI to support eligible renewable energy projects and eligible energy efficiency projects , as well as other projects identified as providing strategic value to the WPPI system. B. Utility has requested a loan for an eligible project (the “ Project”) described in the Project Information Worksheet attached to this Agreement as Exhibit A (the “Worksheet”). C. WPPI has agreed to make a loan to Utility for the Project in the principal amount of four hundred thousand and 00/100 Dollars ($ 400,000.00) (the “Loan”) on the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals that are incorporated into and made a part of this Agreement ; the promises, covenants , and agreements contained in this Agreement; and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, WPPI and Utility promise, covenant, and agree as follows: 1. Terms of the Loan. (a) The Loan. (i) WPPI agrees, on the terms and conditions hereinafter set forth , to make the Loan to Utility on the date of this Agreement. (ii) The Loan will mature on March 28 , 20 36 (the “ Maturity Date”). The entire unpaid balance of the Loan, including principal and accrued interest and all other amounts due under or by reason of this Agreement, if not sooner paid, shall be paid in full by Utility to WPPI on the Maturity Date. (iii) Commencing in May 2026 , Utility shall make monthly installment payments to WPPI. WPPI shall invoice Utility on a monthly basis, and the due date of the invoice shall be the 28 th day of each calendar month. If the due date falls on a holiday or weekend, payments shall be remitted on the first business day after the due date. Each such monthly installment payment shall be in an amount equal to the sum of (1) accrued but unpaid interest then due (in arrears), if any, plus (2) a principal payment of three thousand three hundred thirty -three and 33/100 Dollars ($ 3,333.33) (collectively, the “Monthly Amount Due ”). In addition, a one -time administrative fee equal to Page 2 of 9 EXECUTION COPY one percent (1%) of the original principal amount of the Loa n shall be paid to WPPI with the initial monthly installment payment. (b) Interest. No interest shall accrue on the unpaid principal balance of the Loan except in the case of (i) delinquent monthly installment payments; or (ii) the occurrence of an Event of Default (as defined below) . Until the occurrence of an Event of Default, interest on delinquent monthly installment payments shall accrue daily at the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Midwest edition of The Wall Street Journal under “Money Rates” on such day (or if not published on such day on the most recent preceding day on which published). From and after the occurrence of an Event of Default, interest will accrue on the unpaid principal balance of the Loan and on accrued interest outstanding from time to time under the Loan Documents at a rate of eighteen percent (18%) per annum, until the Event of Default is cured to the reasonable satisfaction of WPPI. (c) Note. Utility’s obligation to repay the Loan shall be evidenced by that certain Promissory Note (the “Note”) executed by Utility and delivered to WPPI as of the date of this Agreement. This Agreement and the Note are collectively referred to as the “Loan Documents” in this Agreement. (d) Prepayment. Utility may prepay the Loan, in whole in or part, at any time, without penalty or premium. The Loan is not a revolving loan, and as such, amounts prepaid by Utility may not be reborrowed. (e) Payments. All payments of principal and interest shall be made in lawful money of the United States of America and remitted to WPPI’s banking institution by the due date, or as may be otherwise designated by WPPI from time to time in writing. Unless otherwise agreed to in writing, or otherwise required by applicable law, payments will be applied first to accrued, unpaid interest, then to any unpaid collection costs, late charges and other charges, and any remaining amount to principal, provided, however, that upon delinquency or during the occurrence of an Event of Default, WPPI reserves the right to apply payments among principal, interest, late charges, collection costs , and other charges at its discretion. 2. Conditions Precedent to Loan. The obligation of WPPI to make the Loan to Utility is subject to the following conditions precedent: (a) Required Documentation. WPPI shall have received on or before the date the Loan is funded each of the following, in form and substance satisfactory to WPPI and its counsel: (i) The Note, duly executed by Utility; (ii) A resolution on behalf of Utility, authorizing the execution, delivery, and performance of the Loan Documents and each other document to be delivered pursuant to this Agreement; and (iii) Such other approvals, opinions, or documents as WPPI may reasonably request. Page 3 of 9 EXECUTION COPY (b) No Default. Utility shall not be in default wit h respec t to a ny loan, understanding, contract, document, or agreement between Utility and WPPI. 3. Representations and Warranties of Utility. To induce WPPI to enter into this Agreement and make the Loan to Utility, Utility represents and warrants to WPPI that: (a) Loan Documents Authorized . The execution and delivery of the Loan Documents and the performance or observance of the terms of those documents have been duly authorized by all necessary action of Utility’s governing body and do not contravene or violate any provision of law or any ordinance or rule or any covenant, indenture, or agreement of, or binding upon, Utility; (b) Valid and Binding Obligations . This Agreement is, and the Note when delivered under this Agreement will be, legal, valid, and binding obligations of Utility, enforceable against Utility in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, and other similar laws affecting creditors’ rights generally; and (c) Worksheet True and Correct. The description of the Project and all other information contained in the Worksheet is true and correct. 4. Not General Obligation Indebtedness. The Loan does not now and shall never constitute an indebtedness of the City of Plymouth within the meaning of any state constitutional provision or statutory limitation, and shall not constitute a charge against the City of Plymouth’s general credit or taxing powers. The Loan is payable solely and only from the income and revenue to be derived from the operation of the Utility’s electric utility system (the “System”) after provision has been made for reasonable and necessary expenses of operation, maintenance, and administration of the System, including the Utility’s obligations under the Long Term Power Supply Contract for Participating Members, dated as of January 1, 2002, between the City of Plymouth and WPPI. Payments on the Loan shall be subordinate to payments of principal and interest on any First Priority Debt, as more fully described in Section 5(g) hereof. 5. Covenants. So long as any amount of the Loan is outstanding and remains unpaid, Utility covenants that, unless WPPI shall otherwise give its prior consent in writing, which consent may be withheld in the sole discretion of WPPI: (a) Use of Loan Proceeds . Utility shall use the Loan proceeds only for implementation of the Project in a manner consistent with the Loan Documents. (b) Project Completion. Utility shall complete the Project within fifteen (15) months of the date of this Agreement. Promptly after completion of the Project, Utility will provide WPPI with a certificate of completion (a “ Certificate”) executed by Utility and in a form acceptable to WPPI. At the election of WPPI, the Certificate will be countersigned by any contractor, architect, or other party involved with the Project. (c) WPPI Access. Utility will provide WPPI and WPPI’s agents, employees, consultants, and designees with access to the Project at all reasonable times in order to perform inspections and evaluations thereof. Page 4 of 9 EXECUTION COPY (d) Installation; Compliance with Laws. Utility will diligently install, maintain, and operate the Project in a good and workmanlike manner in compliance with all applicable laws, rules, ordinances, and regulations and in accordance with the specifications contained in the Worksheet. (e) Taxes and Assessments. Notwithstanding any provision in this Agreement to the contrary, Utility shall pay and discharge, when due, all taxes, assessments, and other government charges upon the Project, as well as claims for labor and materials which, if unpaid, might by law become a lien or charge upon the Project. (f) Notices. Utility will provide WPPI with copies of any notices or other material correspondence or information relating to the Project or the Loan promptly after Utility’s receipt of the same. (g) Priority of Payment. Subject to Section 4 above, Utility shall repay the Loan from the income and revenue to be derived from the operation of the Utility prior to repayment of any other debt of Utility except First Priority Debt. For the purposes of this Agreement, “First Priority Debt” shall mean (i) debt payable pursuant to bonds issued by Utility and secured by the income and revenue to be derived from the operation of the Utility (“Bond Debt”), and (ii) current expenses of Utility permitted to be paid prior to the Bond Debt pursuant to the instruments creating and securing said Bond Debt. (h) Insurance. Utility will maintain in effect Public liability insurance covering the Project with combined single limits for bodily injury, property damage, and personal injury of at least One Hundred Thousand Dollars ($100,000.00) per accident or occurrence. 6. Default and Remedies. If an Event of Default has occurred and is continuing, WPPI shall have the right to take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and to become due or to enforce the performance and observance of any obligation or agreement of Utility. Utility agrees to pay all costs of collection when incurred, whether suit be brought or not, including reasonable attorneys’ fees and costs of suit and preparation therefor, and to perform and comply with each of the covenants, conditions, provisions, and agreements of Utility contained in the Loan Documents. The rights and remedies herein specified are cumulative and are not exclusive of any rights or remedies that WPPI would otherwise have. An “Event of Default” shall mean, at the option of WPPI, the occurrence of any one or more of the following: (a) Payment Default. Utility should fail to pay the principal of, or interest on, the Loan as and when due and payable, and that failure is not cured within the time period (in no event shorter than three (3) business days) specified in a notice thereof given by WPPI to Utility; (b) Misrepresentation. Any representation or warranty made by Utility is false or misleading in any material respect when made or deemed made or at any time; (c) Non-Payment Default . Utility fails to perform or observe any term, covenant, agreement or obligation set forth in the Loan Documents and that failure is not cured within the time period (in no event shorter than ten (10) days) specified in a notice thereof given by WPPI to Utility; Page 5 of 9 EXECUTION COPY (d) Involuntary Bankruptcy. A court having jurisdiction shall enter a decree or order providing for relief in respect of Utility in an involuntary case under any applicable bankruptcy, insolvency, reorganization or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee, or sequestrator (or similar official) of Utility or for any substantial part of its property, or ordering the winding up or liquidation of its affairs in such decree or order shall remain unstayed an in effect for a period of ninety (90) days; (e) Voluntary Bankruptcy . Utility shall commence a voluntary case under any applicable bankruptcy insolvency reorganization or other similar law now or hereafter in effect, shall consent to the entry of an order for relief in an involuntary case under any such law or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, or sequestrator (or similar official) of Utility or for any substantial part of its property, or shall make any general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due or shall take any action in furtherance of the foregoing; or (f) Cross-Default. Utility defaults under any other loan, understanding, contract, document, or agreement between Utility and WPPI. 7. Miscellaneous. (a) Binding Effect . The parties agree that this Agreement shall be binding upon and inure to the benefit of their respective successors in interest and assigns, including any holder of the Note, provided, however, that Utility may not assign or transfer its interest or obligations under the Loan Documents without the prior written consent of WPPI, which consent may be withheld in the sole discretion of WPPI. Nothing herein shall be interpreted or construed as creating any rights in any persons other than WPPI and Utility. (b) Governing Law. The Loan Documents and the rights and obligations of the parties thereunder shall be governed by and interpreted in accordance with the laws of the State of Wisconsin. (c) Notices. Any notices required under this Agreement shall be effective upon mailing by certified mail, return receipt requested, or upon deposit with a nationally recognized overnight courier, and addressed as follows: To WPPI: WPPI Energy 1425 Corporate Center Drive Sun Prairie, WI 53590 Attn.: Senior Vice President of Member Relations, Communications, & Services To Utility: Plymouth Utilities 900 CTH PP Plymouth, WI 53073-0277 Attn.: Utility Manager EXECUTION COPY Page 6 of 9 (d) No Waivers. No failure or delay on the part of WPPI in exercising any right, power or privilege under the Loan Documents and no course of dealing between WPPI and Utility shall operate as a waiver of any provision of the Loan Documents; nor shall any single or partial exercise of any right, power or privilege under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or privilege. (e) Headings. The headings of the sections of this Agreement have been inserted for reference and convenience only and shall not be deemed to be a part of this Agreement. (f) Amendment and Waiver . Neither this Agreement nor any provision of this Agreement may be modified, waived, discharged , or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge, or termination is sought. (g) Integration. This Agreement and the Loan Documents contain the entire agreement between the parties relating to the subject matter hereof and supersede all oral statements and prior writings with respect thereto. (h) Indemnity. Utility hereby agrees to defend, indemnify, and hold WPPI harmless from and against any and all claims, damages, judgments, penalties, costs, and expenses (including attorney fees and court costs now or hereafter arising from the aforesaid enforcement of this clause) arising directly or indirectly from the activities of Utility, its predecessors in interest, or third parties with whom it has a contractual relationship, or arising directly or indirectly from the violation of any environmental protection, health, or safety law, whether such claims are asserted by any governmental agency or any other person in connection with the Loan or the Project. This indemnity shall survive termination of this Agreement. (i) Further Assurances . Utility agrees to execute and deliver such further documents as may be reasonably requested by WPPI to effectuate the purposes of this Agreement. (j) Severability. If any provision of this Agreement or any application of that provision is declared by a court of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability shall not affect any other application of that provision nor the balance of the provisions of this Agreement which shall, to the fullest extent possible, remain in full force and effect, and such court shall reform such unenforceable provision so as to give the maximum permissible effect to the intentions of the parties as expressed therein. (k) Conflict between this Agreement and the Note . In the case of any ambiguity or conflict between this Agreement and the Note, this Agreement will control. (l) Jury Trial Waiver. WPPI AND UTILITY HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, ARISING OUT OF Page 7 of 9 EXECUTION COPY OR IN AN Y WAY RELATED T O THIS AGREEMENT OR THE LOAN DOCUMENTS. (m) Maximum Rate of Interest. No provision of the Loan Documents will be deemed to require Utility to pay or be liable for the payment of interest in excess of the maximum legal rate of interest (if there is any maximum) allowable under applicable law. If for any reason interest in excess of the maximum legal rate of interest is paid under the Loan Documents, the excess will constitute and be treated as a payment of principal under the Loan Documents, and will reduce the principal balance of the Promissory Note by the amount of the excess, or if in excess of the principal balance, the excess will be refunded to Utility. (n) Time of the Essence. Time is of the essence of the Loa n Documents and every part thereof. IN WITNESS WHEREOF, WPPI and Utility have caused this Agreement to be executed as of the date first written above. WPPI ENERGY By: ____________________________________________ Jake Oelke Senior Vice President – Member Relations, Communications, & Services PLYMOUTH UTILITIES By: _____________________________________________ Name: Tim Blakeslee Title: Utility Manager and City Administrator Page 8 of 9 EXHIBIT A Project Information Worksheet [See attached] MEMBER INFORMATION Name and Title of Contact Person Phone Number E-mail Address PROJECT INFORMATION Off-Peak Other Annual Energy Energy Cost Reduction Reduction Savings [kWh/year] [Btu/year] [$/year] Plymouth Utilities Chris Russo - Finance Director Name of Member Organization 920-893-1471 Demand Peak Loan On-Peak Tim Blakeslee Required Project Completion Date: [kW] [kWh/year] Name of Member Utility Manager or WPPI Energy Board Director Project Description Fiber Communication to New Substation 5 Requested Estimated Project Impacts crusso@plymouthutilities.com (engineering and construction in two phases) (expected to begin taking fund in April 2026) Include on wholesale bill $3,333.33 $4,000.00 5/1/2027 $400,000 $400,000Totals: Fiber Communication to New Substation 5 $400,000.00 $450,700.00Total Project Cost: Project Details Energy Member Revolving Loan Fund Reduction Project Information Worksheet Amount Reduction Name of Member Utility [$] Loan Repayment Method: Monthly Loan Repayment Amount: Origination Fee: Loan Amount: Plymouth Utilities Page 9 of 9 City of Plymouth 128 Smith St. - P.O. Box 107 Plymouth, WI 53073-0107 Telephone: (920) 893-3745 Facsimile: (920) 893-0183 Web Site: plymouthgov.com DATE: March 27, 2026 TO: Mayor and Common Council FROM: Tim Blakeslee, City Administrator/Utilities Manager RE: First Amendment to Development Agreement – New Summits, LLC Background: The First Amendment to the Development Agreement for New Summits, LLC reflects updates primarily related to project timing. The Developer has requested adjustments to several deadlines within the agreement due to earlier uncertainty surrounding the WHEDA Infrastructure Access Loan. With that issue now resolved, the amendment establishes revised and more realistic timelines for plat approval, loan closing documentation, commencement of home construction, and final plat recording. These changes do not alter the overall scope or intent of the project, but instead align the agreement schedule with current conditions and financing milestones. Key updates include extending deadlines for approvals and construction start dates, while also clarifying required documentation timelines tied to the WHEDA loan. Staff Recommendation: Approve the First Amendment to Development Agreement – New Summits, LLC Attachments: • First Amendment to Development Agreement – New Summits, LLC First Amendment to Development Agreement for New Summits, LLC Page 1 of 3 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR NEW SUMMITS, LLC This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the “Amendment”) is entered into by and between the CITY OF PLYMOUTH, a Wisconsin municipal corporation, maintaining its principal office at 128 Smith Street, Plymouth, Wisconsin 53073 (hereinafter referred to as “CITY”) and NEW SUMMITS, LLC, a Wisconsin limited liability company, maintaining its principal office at 508 New York Avenue, Sheboygan, Wisconsin 53081 (hereinafter referred to as "DEVELOPER"). RECITALS WHEREAS, DEVELOPER and the CITY entered into a Development Agreement For New Summits, LLC dated April 29, 2025, (the "Development Agreement"), for the development of certain real property more particularly described in Exhibit A attached hereto (the “Property”). All capitalized terms not defined herein shall have the meanings assigned to them in the Development Agreement; and WHEREAS, due to unforeseen circumstances, the DEVELOPER has requested an extension of certain completion dates as set forth in the Development Agreement; and WHEREAS, the Common Council is agreeable to extending such dates for completion; and WHEREAS, the parties wish to amend the Development Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Amending Section. Section 5, Conditions Precedent to Developer’s Obligations, shall be amended to read as follows: 5. Conditions Precedent to DEVELOPER’s Obligations. DEVELOPER’s obligation to perform its obligations as contemplated herein shall require the satisfactory completion, in DEVELOPER’s sole discretion, of each of the following conditions: (a) DEVELOPER shall have received preliminary plat and final plat approvals from the State of Wisconsin, County of Sheboygan and CITY for the Development not later than April 30, 2026. (b) DEVELOPER shall have closed on a WHEDA Infrastructure Access Loan in the amount of at least $2,000,000.00 with an interest rate of 1% not later than June 30, 2027. 2. Amending Section. Section 13, Construction Covenants, subsection (a) shall be amended to read as follows: First Amendment to Development Agreement for New Summits, LLC Page 2 of 3 13. Construction Covenants. (a) All new home construction on Development lots shall be substantially completed within one (1) year from the date of the issuance of the building permit. The DEVELOPER shall contract with home builders to commence home construction not later than November 1, 2026. 3. Amending Section. Section 15, Determination of Specifications and Completion Dates, subsection (d) shall be amended to read as follows: (d) DEVELOPER shall subdivide the Property and create Development lots by plat. The final subdivision plat for the Development shall be recorded in the Register of Deeds Office for Sheboygan County as soon as practicable but not later than July 31, 2027. Pursuant to Wis. Stat. § 236.29, subject to this Agreement, approval and recording of the final plat constitutes the conveyance and acceptance of all lands shown on the plat as dedicated to the public including streets and easement dedications. 4. Amending Section. Section 17, Developer Security, subsection (a) shall be amended to read as follows: 17. DEVELOPER Security. No later than July 31, 2026, DEVELOPER shall deliver, or cause to be delivered, to CITY as follows: (a) DEVELOPER shall provide to CITY the loan closing documents showing receipt of the WHEDA Infrastructure Access Loan by July 31, 2026. 5. All other terms and conditions of the Development Agreement not modified by this Amendment are hereby ratified and remain in full force and effect. IN WITNESS WHEREOF, the CITY and DEVELOPER execute this First Amendment as of the year and date indicated below. CITY OF PLYMOUTH Dated: , 2026. By: Donald O. Pohlman, Mayor Dated: , 2026. By: Anna Voigt, Clerk AUTHENTICATION Signatures of Donald O. Pohlman and Anna Voigt authenticated this day of ______________, 2026. Crystal Fieber Title: Member State Bar of Wisconsin State Bar No. 1061351 First Amendment to Development Agreement for New Summits, LLCPage 3 of 3 DEVELOPER: NEW SUMMITS, LLC, by its sole member, SHEBOYGAN COUNTY ECONOMIC DEVELOPMENT CORPORATION, INC. Dated: , 2026. By: Don C. Hammond, Chairperson STATE OF WISCONSIN ) )ss SHEBOYGAN COUNTY ) Personally came before me this day of , 2026, Don C. Hammond, Chairperson, to me know to be the person who executed the foregoing instrument and acknowledged the same. Print Name: Notary Public, State of Wisconsin My Commission: This Instrument Drafted By: City Attorney Crystal H. Fieber HOPP NEUMANN HUMKE LLP 2124 Kohler Memorial Drive, Suite 310 Sheboygan, WI 53081 Telephone: (920) 457-8400 Facsimile: (920) 457-8411 C:13960\429794.docx EXHIBIT A Legal Description of Property Lot 1 of Certified Survey Map recorded in Volume 32 of Certified Survey Maps, Pages 81- 83, as Document No. 2178283 being a part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) and the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 26, Township 15 North, Range 21 East, in the City of Plymouth, Sheboygan County, Wisconsin. Parcel No. 59271-821084 (2026) Plymouth Utilities 900 CTH PP PO Box 277 Plymouth, WI 53073 Telephone: (920) 893-1471 Fax: (920) 893-0183 Web Site: Plymouthutilities.com DATE: March 27, 2026 TO: Electric Dept FROM: Ryan T. Roehrborn, Electrical Operations Manager RE: UTV As part of the 2026 Capital Improvement Plan (adopted on 11/11/2025) dollars were allocated to purchase an UTV. Three quotes were provided by different dealers. The lowest being provided by Feldmann Sales and Service. 1. Polaris Ranger, Feldmann $21,885.79 2. Kubota RTVX2C-PKLH-1, Feldmann $31,189.00 3. John Deere Gator 845M, Riesterer & Schnell $24,854.09 If approved, the anticipated delivery is May 2026. Recommendation To approve the purchase of the Polaris Ranger from Feldmann Sales and Service.