Village Board — Agenda

NOTICE OF MEETING VILLAGE OF FOX POINT VILLAGE BOARD MEETING SCHWEMER HALL – MUNICIPAL BUILDING TUESDAY 7200 N. SANTA MONICA BLVD JANUARY 13, 2026 FOX POINT, WI 53217 7:00 P.M. NOTE: THE VILLAGE BOARD WILL BE MEETING IN PERSON AT VILLAGE HALL, WITH A REMOTE ATTENDANCE OPTION, PER THE HYBRID MEETING PROCEDURES FURTHER DESCRIBED IN SECTION 19-32 D. OF THE VILLAGE CODE. THIS MEETING IS OPEN TO ALL CITIZENS IN PERSON AT VILLAGE HALL, OR THROUGH THE ZOOM PARTICIPANT INFORMATION SHOWN BELOW, SUBJECT TO THE FOLLOWING: NO ASSURANCE IS PROVIDED TO THOSE GOVERNING BODY MEMBERS AND CITIZENS INTENDING TO ATTEND REMOTELY THAT THE TECHNOLOGY WILL PERFORM SUFFICIENTLY TO ALLOW FOR THEIR PARTICIPATION AND THE MEETING WILL PROCEDE REGARDLESS. PUBLIC OFFICIALS AND CITIZENS WISHING TO ENSURE THEY CAN PARTICIPATE ARE ENCOURAGED TO ATTEND IN PERSON. CITIZENS ARE ENCOURAGED TO SUBMIT ANY COMMENTS IN WRITING IN ADVANCE OF THE MEETING TO THE INTERIM VILLAGE MANAGER AT manager@villageoffoxpoint.com, HOWEVER THERE IS NO LARGER RIGHT TO COMMENT REMOTELY OR IN WRITING THAN IN PERSON. Zoom Participant Information https://us02web.zoom.us/j/87335256142 Meeting ID: 873 3525 6142 Dial: (312) 626-6799 AGENDA 1. Roll Call 2. Persons desiring to be heard At this time, individuals can address the Village Board on one or more topics for up to three-minutes with time extensions at the Village President's discretion. Citizen comment when agenda items are called will be heard at the discretion of the chair, subject to the overall three-minute limit. In connection with non-agenda items, no action will be taken except for possible referrals to individuals or committees. NOTE: No comments will be heard during this agenda item concerning a pending application for a zoning code amendment, as the appropriate time for such comments will be at the duly noticed public hearing, so that all interested persons can hear the comments and due process is preserved. 3. Committee Reports a. Plan Commission 1. Past Basket – Conditional Use 2. Verizon Cell Tower Modification 4. Public Hearing a. Public Hearing on a Conditional Use Permit Application for Past Basket 01132026 VB Packet Page 1 of 180 The Village Board will hold a Public Hearing on the Conditional Use Permit application for change of ownership of an existing retail business, Past Basket, located at 383 W Brown Deer Road, as required per Village Code Sections 745-18. b. Public Hearing on a Resolution to Identify a Single Polling Location The Village Board will hold a Public Hearing on a resolution to combine two existing polling locations into one; to be located at Fox Point Lutheran Church 5. Consent Agenda – All items listed under the Consent Agenda will be approved in one motion without discussion unless any Board member requests that the item be removed for individual discussion and possible action. Any item(s) so removed shall be considered individually prior to consideration of any New Business agenda items in the same order in which they were originally listed in the Consent Agenda. a. Approve the minutes of the December 9, 2025 Village Board meeting. b. Accept the proposal of Wachtel Tree Services in an amount not to exceed $8,000 for the administration of the 2026 Emerald Ash Borer initiative and authorize the Village President and Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. c. Accept the proposal of Ruekert Mielke in an amount not to exceed $47,702 for the performance of continuing work within the GIS database for activities performed throughout 2026 and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 6, 2026. d. Accept the proposal of Marek Landscaping in the amount of $26,656.25 for control of invasive species, native planting, and monitoring Indian Creek and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. e. Accept the proposal of Marek Landscaping in the amount of $6,732 for control of invasive species, native planting, and monitoring Indian Creek Woods Stewardship and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. f. Accept the proposal of Kapur & Associates in an amount not to exceed $33,790 for the televising of approximately 20,000 linear feet of sanitary sewers and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works’ memorandum dated January 5, 2026. g. Accept the proposal of Kapur & Associates in an amount not to exceed $29,960 to design the rehabilitation of sanitary sewers in Basin Nos. 3,5, and 6 and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works’ memorandum dated January 5, 2026. h. Accept the quotes from multiple vendors as shown in the Board packet, in an amount not to exceed the amount of each quote, with the total cost of $18,418 for the spring tree order purchase and authorize the Village Manager to execute the necessary purchase orders per the Village Forester’s memorandum dated January 2, 2026. i. Approve the Green Infrastructure Ten-Year Maintenance Covenant between the Village of Fox Point and the Milwaukee Metropolitan Sewerage District (MMSD) for the Bioswales constructed along North Beach Drive and authorize the Village President and Village Clerk/Treasurer to sign 01132026 VB Packet Page 2 of 180 Pages 15-17 Pages 18-26 Pages 27-29 Pages 30-32 Pages 33-35 Pages 36-40 Pages 41-43 the maintenance covenant pursuant to the Director of Public Works’ memorandum dated January 5, 2026. j. Adopt Resolution to designate International Migratory Bird Day to be on May 2, 2026 in the Village of Fox Point. k. Approve payment of the bills in the amount of $642,728.71 for the period December1, 2025 through December 31, 2025 per the report submitted by the Village Manager. l. Authorize the Interim Village Manager to approve and pay Invoice 4190 from 10-33 Vehicle Services in the amount of $8977.98. m. Approve the minutes of the December 9, 2025 Special Village Board Budget meeting. 6. Unfinished Business a. Consideration of a resolution to identify a single polling location The Village Board will discuss and may consider a resolution to combine two existing polling locations into one; to be located at Fox Point Lutheran Church. 7. New Business a. Accept the Base Bid and Alternate Bid No. 5 of Michels Construction for the Beach Drive Jetty Improvement Project in the amount of $720,562.47. The Village Board will consider and may act on a recommendation from the Director of Public Works to award the Base Bid for the Beach Drive Jetties Repair Project and Alternate Bid No. 5 to Michels Construction in the amount of $720,562.47 and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. b. Accept the proposal of Kapur & Associates in the amount of $61,020 for the construction management and inspection services associated with the Beach Drive Jetty Improvement Project The Village Board will consider and may act on a recommendation from the Director of Public Works to accept the proposal of Kapur & Associates in the amount of $61,020 for construction management and inspection services associated with the Beach Drive Jetties Repair Project and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. c. Accept the bid of WSO Grading & Excavating for the Flood Improvement Project in the amount of $184,730 The Village Board will consider and may act on a recommendation from the Director of Public Works to award the Flood Improvement Project to WSO Grading & Excavating in the amount of $184,730 and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026. d. Accept the proposal of Kapur & Associates in the amount of $27,600 for the construction management and inspection services associated with the Flood Improvement Project 01132026 VB Packet Page 3 of 180 Pages 44-52 Page 53 Pages 54-68 Page 69 Pages 70-71 Pages 72-74 Pages 75-82 Pages 83-85 Pages 86-90 The Village Board will consider and may act on a recommendation from the Director of Public Works to accept the proposal of Kapur & Associates in the amount of $27,600 for construction management and inspection services associated with the Flood Improvement Project and authorize the Village President and Village Clerk/Treasurer to sign the contract per the Director of Public Works memorandum dated January 5, 2026 e. Consideration of a Conditional Use Permit Application for Past Basket The Village Board will consider the Conditional Use Permit application for change of ownership of an existing retail business, Past Basket, located at 383 W Brown Deer Road, as required per Village Code Sections 745-18. f. Consideration and Possible Action Concerning Not-substantial Modification to Wireless Telecommunications Mobile Service Facilities at 7200 N. Santa Monica Blvd. The Village Board will consider and may act on the application received from Ramaker & Associates, Inc., pursuant to Section 745-23(D)(2) of the Village Code, to modify the existing cell tower facility located at 7200 N. Santa Monica Blvd. in the Village of Fox Point, by increasing the height of the tower by 20 feet and collocating telecommunications facilities on the tower. 8. Future Agenda Items The Village Board will act on any Trustee requests to place additional matters on an upcoming agenda, without discussion. 9. Announcements The following individuals will be given the opportunity to make announcements at the meeting in regard to (i) actions taken since the previous Village Board meeting on behalf of the Village, (ii) future Village activities and (iii) communications received from citizens. These matters will not be discussed or acted on, and Board members shall not comment on matters announced by others. Referrals may be made to committees and/or individuals. a. Village President Symchych b. Trustee Ollman c. Trustee Aelion d. Trustee Stoltz e. Trustee Freedman f. Trustee Miller g. Trustee Barry h. Interim Village Manager 10. Adjournment NEXT REGULAR VILLAGE BOARD MEETING: February 10, 2026 7:00 P.M. PLEASE NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. Also, upon reasonable notice, best efforts will be used to ensure that members of the public lacking access to the virtual meeting platform are provided alternative reasonable methods to attend. For additional information or to request these services, contact the Village Clerk at (414) 351-8900. "Persons requiring an interpreter or other assistance should contact the Village Clerk’s office 72 hours prior to the meeting. Notice is hereby given that a majority any other board, commission or committee may be present at the meeting to gather information about a subject in which they are interested. This constitutes a meeting of any other board, commission or committee pursuant to 01132026 VB Packet Page 4 of 180 Pages 91-94 Page 95-98 Pages 99-180 State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 2d 408 (1993), and must be noticed as such, although said boards, commissions or committees will not take any formal action at this meeting." Published and posted: January 9, 2026 01132026 VB Packet Page 5 of 180 1 A meeting and public hearing of the Fox Point Village Board was held by a combination 2 of in-person and virtual attendance via telephonic and video conferencing on Tuesday, 3 December 9, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village Trustee 4 Ollman called the meeting to order at 7:00 p.m. and asked the Village Clerk Treasurer to take 5 roll call. Roll Call of the Village Board present included: 6 7 Village President Christine Symchych 8 Trustee Liz Aelion 9 Trustee Barry 10 Trustee Freedman – not seated for roll call, present at 7:03 pm 11 Trustee Miller 12 Trustee Greg Ollman – not seated for roll call, present at 7:03 pm 13 Trustee Jennie Stoltz 14 15 16 Also, present were Village Attorney Eric Larson, Interim Village Manager Mitch Reynolds, 17 Public Works Director Scott Brandmeier, Assistant Village Manager Kevin Ausman, and 18 Deputy Clerk Teri Repins 19 20 Notice of the meeting was provided to the North Shore Now and to all others as required by 21 State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica 22 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 23 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 24 25 PERSONS DESIRING TO BE HEARD 26 27 Luke Wagner, Wisconsin Professional Police Association, 802 Edgewater Dr, West Bend; Expressed 28 need for fair wages and better parental leave. 29 30 Andrew Hanover, 101 E Bradley Rd, Fox Point; Voiced support for Police Department and fair 31 compensation and leave package. Also expressed support to allow zoning for Acronym tap room. 32 33 Hearing no other comments, President Symchych closed public comment. 34 35 COMMITTEE REPORTS 36 37 a. Plan Commission 38 39 1. Acquisitions LLC – Conditional Use 40 41 2. WCL Construction – Conditional Use 42 43 3. Destin’s Childcare and Learning Academy LLC – F Institutional District 44 45 4. John Degroote, Brewery/Taproom Concept – Port Washington Overlay 46 47 b. Centennial Committee 48 49 50 01132026 VB Packet Page 6 of 180 51 PUBLIC HEARING 52 53 a. Public Hearing on a Resolution to Identify a Single Polling Location 54 55 The Village Board will hold a Public Hearing on a resolution to combine the two existing 56 polling locations into one; to be located at Longacre Pavilion. 57 58 Motion by President Symchych, seconded by Trustee Freedman, and carried by roll 59 call vote (7-0), to open the public hearing at 7:17 p.m., a resolution to combine the two 60 existing polling locations into one; to be located at Longacre Pavilion. 61 62 Public Comment 63 64 Sandy Grady, 8425 N Indian Creek Pkwy, Fox Point. Expressed concerns in combining all wards to 65 Longacre due to parking, room size and privacy for voters. 66 67 Mark Grady, 8425 N Indian Creek Pkwy, Fox Point. Voiced concern for combining all wards to one 68 location at Longacre, appreciates Central Count and favors a unified polling place, but concern for size 69 of Longacre for large elections. Offered idea of looking at other locations with large spaces like 70 churches and synagogues. 71 72 Jesse Carlton, 7442 N Mohawk Rd, Fox Point. Concerned for all wards to be at Longacre due to tight 73 space. Appreciative for Central Count. Thanked the Village Board for listening. 74 75 Mary Beth Mills, 1811 E Dean Rd, Fox Point (via zoom). Voiced Concerns of combining all wards at 76 Longacre and hopes other options can be identified. Mentioned constraints on parking at Longacre. 77 78 79 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 80 vote (7-0), to close the public hearing at 7:27 p.m., regarding a resolution to combine the 81 two existing polling locations into one; to be located at Longacre Pavilion. 82 83 84 b. Public Hearing on the Conditional Use Permit Application for Acquisitions LLC 85 86 The Village Board will hold a Public Hearing on the conditional use permit application 87 for Acquisitions LLC, to allow a retail consignment shop at the Riverpoint Shopping Center, 88 8643 N Port Washington Rd., as required per Village Code Section 745-18. 89 90 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 91 vote (7-0), to open the public hearing at 7:28 p.m., regarding a conditional use permit 92 application for Acquisitions LLC, to allow a retail consignment shop at the Riverpoint 93 Shopping Center, 8643 N Port Washington Rd., as required per Village Code Section 745-94 18. 95 96 Public Comment 97 98 There were no public comments. 99 100 101 102 103 01132026 VB Packet Page 7 of 180 104 105 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 106 vote (7-0), to close the public hearing at 7:28 p.m., regarding a conditional use permit 107 application for Acquisitions LLC, to allow a retail consignment shop at the Riverpoint 108 Shopping Center, 8643 N Port Washington Rd., as required per Village Code Section 745-109 18. 110 . 111 c. Public Hearing on the Conditional Use Permit Application for WCL Construction 112 113 The Village Board will hold a Public Hearing on the conditional use permit application 114 for WCL Construction, to allow a trade office and indoor storage sub-tenant space on the 115 property occupied by Billy Goat Roofing, 8035 N Port Washington Rd., as required per 116 Village Code Section 745-18. 117 118 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 119 vote (7-0), to open the public hearing at 7:29 p.m., regarding a conditional use permit 120 application for WCL Construction, to allow a trade office and indoor storage sub-tenant 121 space on the property occupied by Billy Goat Roofing, 8035 N Port Washington Rd., as 122 required per Village Code Section 745-18. 123 124 Public Comment 125 126 There were no public comments. 127 128 Motion by President Symchych, seconded by Trustee Ollman, and carried by roll call 129 vote (7-0), to close the public hearing at 7:29 p.m., regarding a conditional use permit 130 application for WCL Construction, to allow a trade office and indoor storage sub-tenant 131 space on the property occupied by Billy Goat Roofing, 8035 N Port Washington Rd., as 132 required per Village Code Section 745-18. 133 134 d. Public Hearing on the F Institutional District Use Application for Destin’s Childcare 135 and Learning Academy LLC 136 137 The Village Board will hold a Public Hearing on the F Institutional District use 138 application for Destin’s Childcare and Learning Academy LLC, to allow a daycare center on 139 the property owned by Congregation Sinai, 8223 N Port Washington Rd., as required per 140 Village Code Section 745-20. 141 142 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 143 vote (7-0), to open the public hearing at 7:30 p.m., regarding a conditional use permit 144 application for Destin’s Childcare and Learning Academy LLC, to allow a daycare center on 145 the property owned by Congregation Sinai, 8223 N Port Washington Rd., as required per 146 Village Code Section 745-20. 147 148 Public Comment 149 150 There were no public comments. 151 152 153 154 155 156 157 01132026 VB Packet Page 8 of 180 158 159 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 160 vote (7-0), to close the public hearing at 7:30 p.m., regarding a conditional use permit 161 application for Destin’s Childcare and Learning Academy LLC, to allow a daycare center on 162 the property owned by Congregation Sinai, 8223 N Port Washington Rd., as required per 163 Village Code Section 745-20. 164 165 166 e. Public Hearing on an Ordinance to rezone property located at 8000 N Port 167 Washington Rd to add the Port Washington Overlay (PWO) Zoning District 168 Designation 169 170 The Village Board will hold a Public Hearing regarding a proposed ordinance to 171 rezone the property located at 8000 N Port Washington Rd to add a Port Washington Overlay 172 District designation per the application by John Degroote, to establish a brewery/taproom as 173 required per Village Code Section 745-22.5. 174 175 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call 176 vote (7-0), to open the public hearing at 7:29 p.m., regarding a proposed ordinance to 177 rezone the property located at 8000 N Port Washington Rd to add a Port Washington 178 Overlay District designation per the application by John Degroote, to establish a 179 brewery/taproom as required per Village Code Section 745-22.5. 180 181 Public Comment 182 183 Presentation by John DeGroote 184 185 Alex Paskowski, 7308 N Crossway, Fox Point. Expressed support for beer garden, creates sense of 186 community, raise property values 187 188 Melanie Gray, 417 W Willow Terr, Fox Point. Questioned success of beer garden when several have 189 failed in local communities 190 191 Charlie Hoffman, 8176 N Seneca Rd, Fox Point. Said he grew up in Fox Point and recently returned and 192 purchased a home. feels beer garden will be great for community, create connections and improve 193 property values. 194 195 Cheane Sartler, 8320 N Whitney Rd, Fox Point. Full support for beer garden and says all of her 196 neighbors feel the same. 197 198 Linda Cross, 409 W Willow Terr, Fox Point. Excited for place to walk to and gather but concerned 199 about parking and loud music 200 201 Nora Meissner, 7674 N Seneca, Fox Point. Voiced concerns for brewing smells, loud music, and for 202 children and safety on Bradley Road. 203 204 Aaron Bubb, 6440 N Santa Monica Blvd, Fox Point. Supports beer garden and the family friendly idea 205 206 J Andrew Carrillo, 8055 N Mohawk Rd, Fox Point. Wonderful idea, but consider noise, drunk drivers 207 208 01132026 VB Packet Page 9 of 180 209 Brooks Burton, 8020 N Mohawk Rd, Fox Point. Concerned about drunk driving, noise, parking 210 211 Cody McDonald, 6924 Yates Rd, Fox Point. Strong support for beer garden. Has left other villages due 212 to lack of options of things to do 213 214 Danielle Santori, 7641 N Regent Rd, Fox Point. Expressed significant concern for safety walking streets 215 due to traffic complications and people under the influence of alcohol, noise and traffic. Asked the 216 Village Board to consider the view point of the residents who live near the project. 217 218 Mark Jaffe, 7955 N Regent Rd, Fox Point. Strong support for beer garden. Identified as a someone who 219 has recently moved to Fox Point and says the beer garden will lead more families to want to live in Fox 220 Point. 221 222 Jesse Carlton, 7442 N Mohawk Rd, Fox Point. Supports the beer garden concept as a community 223 gathering place and says it will be good for the village 224 225 John Harkey, 1107 E Lilac Ln, Fox Point. Full support for a gathering place. Decision will positively 226 impact the community and create more vibrancy. 227 228 Andrew Trotter, 7551 N Mohawk Rd, Fox Point. Expressed full support but asked Village Board to 229 consider concerns voiced earlier. 230 231 Nora DeGroot, 6439 N Santa Monica Blvd, Fox Point. Identified as John DeGroots wife and said she 232 was there to speak as a character witness. Talked about John DeGroots love for community and building 233 relationships. 234 235 Beth Gregg, 7414 N Boyd Way, Fox Point. Supports the beer garden. A good investment for the corner 236 of Bradley and Port Washington and believes it will make it more appealing. 237 238 Mark Grady, 8425 N Indian Creek Pkwy, Fox Point. Said he speaks for older generation and supports 239 proposal. Concern of increased traffic. Believes Mr. DeGroote can resolve parking if an issue, noise can 240 be adjusted. Feels the purpose of the zoning proposal is to do what is best for the village. 241 242 Terry Worth, 8048 N Santa Monica Blvd, Fox Point. Has lived in the Village for 36 years and fully 243 supports beer garden. It will bring community together. 244 245 Amy Barth, 7875 N Boyd Way, Fox Point. Consider noise and maybe limit to 2-3 night per week 246 otherwise warns of angry neighbors. Expressed overall support. 247 . 248 249 Motion by President Symchych, seconded by Trustee Freedman, and carried by roll 250 call vote (7-0), to close the public hearing at 8:17 p.m., regarding a proposed ordinance to 251 rezone the property located at 8000 N Port Washington Rd to add a Port Washington 252 Overlay District designation per the application by John Degroote, to establish a 253 brewery/taproom as required per Village Code Section 745-22.5 254 255 256 257 258 01132026 VB Packet Page 10 of 180 259 260 261 CONSENT AGENDA 262 263 a. Approved the minutes of the November 11, 2025 Village Board meeting. 264 265 b. Approved the minutes of the November 18, 2025 Special Village Board meeting 266 267 c. Approved payment of the bills in the amount of $418,291.05 for the period of November 1, 2025 268 through November 30, 2025 per the report submitted by the Village Manager. 269 270 d. Appoint Election Inspectors for the two-year term of January 1, 2026 through December 31, 271 2027, per the Deputy Clerk’s memorandum updated December 1, 2025. 272 273 e. Accept the proposal of Wachtel Tree Science in an amount not to exceed $55,000 for the 274 2026 Forestry Services and authorize the Village President and Village Clerk/Treasurer to 275 sign the contract per the Director of Public Works’ memorandum dated December 3, 2025. 276 277 Motion by President Symchych, seconded by Trustee Miller, and carried by roll 278 call vote (7-0), to approve the consent agenda, items a-e. 279 280 281 UNFINISHED BUSINESS 282 283 a. Village Manager Recruitment Update and Discussion 284 285 Board members will discuss and may take action on the recruitment process for Village 286 Manager and provide input on various parameters related to qualifications, experience, and 287 compensation. 288 289 Unanimous Consent for IPA post notice for position opening and begin actively 290 recruiting for Village Manager. 291 292 293 NEW BUSINESS 294 295 a. Consideration of an ordinance to amend Chapter 63 of the Village of Fox Point Municipal 296 Code 297 298 The Village Board will consider and may act on amendments to Chapter 63 of the Fox Point 299 Municipal Code. 300 301 Motion by Symchych, seconded by Barry and carried by roll call vote (7-0), to 302 adopt the ordinance to amend Chapter 63 of the Village of Fox Point Municipal 303 Code. 304 305 306 307 308 309 01132026 VB Packet Page 11 of 180 310 b. Consideration of a Resolution to Identify a Single Polling Location 311 312 The Village Board will discuss and may consider a resolution to combine the two existing 313 polling locations into one; to be located at Longacre Pavilion. 314 315 Motion by President Symchych, seconded by Trustee Freedman and carried by 316 roll call vote (7-0), to postpone action on the resolution until the next Regular 317 Village Board meeting on 1/13/2026. 318 319 c. Consideration of Conditional Use Permit Application for Acquisitions LLC 320 321 The Village Board will consider and may take action on the conditional use permit application for 322 Acquisitions LLC, to allow a retail consignment shop at the Riverpoint Shopping Center, 8643 N 323 Port Washington Rd., as required per Village Code Section 745-18. 324 325 Motion by Symchych seconded by Miller and carried by roll call vote (7-0), to the 326 conditional use permit application for Acquisitions LLC, to allow a retail 327 consignment shop at the Riverpoint Shopping Center, 8643 N Port Washington 328 Rd. 329 330 d. Consideration of Conditional Use Permit Application for WCL Construction 331 332 The Village Board will consider and may take action on the conditional use permit application for 333 WCL Construction, to allow a trade office and indoor storage sub-tenant space on the property occupied 334 by Billy Goat Roofing, 8035 N Port Washington Rd., as required per Village Code Section 745-18. 335 336 Motion by Symchych, seconded by Miller, and carried by roll call vote (7-0), to 337 approve the conditional use permit application for WCL Construction, to allow a 338 trade office and indoor storage sub-tenant space on the property occupied by 339 Billy Goat Roofing, 8035 N Port Washington Rd 340 341 e. Consideration of F Institutional District Use Application for Destin’s Childcare and 342 Learning Academy LLC 343 344 The Village Board will consider and may take action on the F Institutional District use application for 345 Destin’s Childcare and Learning Academy LLC, to allow a daycare center on the property owned by 346 Congregation Sinai, 8223 N Port Washington Rd., as required per Village Code Section 745-20. 347 348 Motion by Symchych, seconded by Miller and carried by roll call vote (7-0), to 349 approve the F Institutional District use application for Destin’s Childcare and 350 Learning Academy LLC, to allow a daycare center on the property owned by 351 Congregation Sinai, 8223 N Port Washington Rd. Incorporate Plan Commission’s 352 findings and include hours of operation from 6 AM to 6 PM. 353 354 355 356 357 358 359 360 01132026 VB Packet Page 12 of 180 f. Consideration of an Ordinance to rezone property located at 8000 N Port Washington Rd 361 to add the Port Washington Overlay (PWO) District Designation 362 363 The Village Board will consider and may take action to adopt an ordinance to rezone the property 364 located at 8000 N Port Washington Rd to add a Port Washington Overlay District designation, per the 365 application of John Degroote, to establish a brewery/taproom per Village Code Section 745-22.5. 366 367 Motion by Freedman, seconded by Miller and carried by roll call vote (7-0), to 368 adopt an ordinance to rezone the property located at 8000 N Port Washington Rd 369 to add a Port Washington Overlay District designation with the additional 370 restriction that outdoor music will prohibited after 10 PM. 371 372 FUTURE AGENDA ITEMS – None 373 374 President Symchych requested unanimous consent to go into Closed Session after 375 Announcements. No objections uttered. 376 377 CLOSED SESSION [IF NECESSARY] 378 379 Motion made by President Symchych, seconded by Trustee Ollman, to convene 380 into closed session at 9:36 p.m., pursuant to Wisconsin Statute Section 19.85(1)(g), to 381 confer with legal counsel for the government who is rendering oral or written advice 382 concerning strategy to be adopted by the governing body with respect to litigation in 383 which the body is involved; more specifically regarding the Milwaukee County Circuit 384 Court case entitled “The Town Club v. Village of Fox Point”. Along with the Village 385 Board, the Interim Village Manager, Deputy Clerk, Village Attorney and the Assistant 386 Village Manager will join the closed session. 387 388 President Symchych announced her recusal and departed. 389 390 391 Trustee Fonstad Aye 392 Trustee Ollman Aye 393 Trustee Aelion Aye 394 Trustee Stoltz Aye 395 Trustee Freedman Aye 396 Trustee Miller Aye 397 President Symchych Aye 398 399 RECONVENE INTO OPEN SESSION 400 401 Motion made by Trustee Stoltz, seconded by Trustee Aelion and carried by roll call vote (6-0) to 402 reconvene into open session at 9:48 p.m. 403 404 Motion made by Trustee Stoltz, seconded by Trustee Freedman and carried by roll call vote (6-405 0) to grant the Conditional Use Order for Pickleball Courts at the Town club as presented at the 406 meeting of November 11, 2025, except the dates shown in paragraph 4 shown on page 14 shall be 407 May 1 through September 30, and subject to the Town Club accepting the conditional use order in 408 writing and signing a full and final settlement agreement and release of all claims. 409 410 ANNOUNCEMENTS 411 412 01132026 VB Packet Page 13 of 180 President Symchych announced praise for the Centennial Committee and the work they are 413 doing for the Centennial celebrations. Issues with sales tax collections related to Department of 414 Revenue and the City and County of Milwaukee sales taxes continue. That issue is a focus of 415 the Intergovernmental Cooperation Council. Meeting of North Shore Fire Department board with 416 no new, notable developments. 417 418 Trustee Ollman announced - None 419 420 Trustee Aelion announced - None 421 422 Trustee Stoltz announced - None 423 424 Trustee Freedman announced - None 425 426 Trustee Miller announced - None 427 428 Trustee Barry announce- None 429 430 Interim Manager Reynolds announced temperatures are cold enough to begin flooding ice rink 431 for skating season. If everything goes as planned, rink will open on 12/17…Recognition for the 432 Department of Public Works staff who spent the weekend after Thanksgiving collecting leaves 433 and then quickly pivoting to plowing snow and then were called in the very next weekend for 434 another snow event…The leaf clean-up process will continue with excavating equipment to 435 remove leaves from snow. The Beach Drive project is close to completion with final work coming 436 in the spring…Welcome to new police officer Justin Bryant who has just returned from the Police 437 Academy and begins street training with officers immediately. 438 439 440 ADJOURNMENT 441 442 Motion made by Trustee Ollman, seconded by Trustee Miller, and carried by roll 443 call vote (6-0) to adjourn the Village Board meeting at 9:50 p.m. 444 445 446 Respectfully submitted, 447 448 449 450 451 Mitch Reynolds 452 Interim Village Manager 453 454 455 456 457 Published and posted January 14, 2026 458 459 01132026 VB Packet Page 14 of 180 01132026 VB Packet Page 15 of 180 01132026 VB Packet Page 16 of 180 01132026 VB Packet Page 17 of 180 01132026 VB Packet Page 18 of 180 01132026 VB Packet Page 19 of 180 January 7, 2026 Mr. Scott P. Brandmeier, P.E. Director of Public Works/Village Engineer Village of Fox Point 7200 North Santa Monica Boulevard Fox Point, WI 53217 Re: 2026 GIS Annual Services Agreement Dear Scott, In preparation for your upcoming budgeting effort, we present to you our recommended GIS services and associated fees for 2026. Recommended budgets for each category are shown below, with descriptions on the following pages. Additionally, please review the added paragraph regarding an important future GIS Software Update. Category Annual Fee GIS Core Services $9,702 Category Recommended Budget Additional Services Recommended Maintenance As-Built Mapping, ESRI Maps and Applications $12,000 $6,000 Total 2026 Budget $27,702 Category Upgrade Fee GIS Software Update GIS Software Upgrade to AssetAlly 2.0 Transition Cost $20,000 Total GIS Software Update + 2026 Budget $47,702 GIS Core Services Core Services provided by Ruekert & Mielke, Inc. (R/M) under GIS Core Services are summarized below: 1. Hardware & Software – R/M will ensure its platform, networking, and hardware resources meet or exceed industry standards for performance and security. Routine software updates may be completed. 2. Facilities - Provide a physically safe, secure, and climate-controlled Amazon data center where data and equipment are resistant to natural disaster or malicious attack. 3. Data Storage – Provide expandable, secure, data storage for any municipal data such as CCTV data, inspection photos, documents, as-builts, and more. 4. Backups – Maintain a rigorous backup plan to minimize the risk of data loss due to user error or hardware failure. 01132026 VB Packet Page 20 of 180 5. Troubleshoot ing – R/M will make reasonable efforts to resolve errors or technical issues. Client understands R/M cannot guarantee a complete or immediate resolution due to circumstances outside of R/M’s control such as software bugs, unforeseen use cases, etc. 6. IT Services – Provide human resources for the management, optimization, and research for all the above services. 7. Access to GIS Customer Success Managers. Additional Services We also recommend budgeting additional funds to cover assistance with items outside of GIS Core and Tool Suites. R/M will invoice for these "as-requested" services at our normal hourly rates for the hours expended to complete the task unless stated otherwise. The actual number of additional services you budget for is at your discretion and should reflect your intent to use more or less of R/M’s maintenance services. If work is requested by Fox Point, R/M will invoice for those efforts accordingly. Please note that GIS improvements specific to your organization’s site may result in additional charges throughout the year that may include but are not limited to: • Improving functionality (features, layers, query functions, etc.) • Modification or maintenance related to map services not owned or maintained by R/M (County Map Services) Additional services could include, but are not limited to: • GIS data maintenance and updates • Training • GIS user/account registration • WISLR data Updates • Correspondence and coordination with GIS Customer Success Manager on maintenance tasks, progress updates, continuous project support, software updates and technological upgrades. • Importing CCTV repair data • Utility system exhibits • ArcGIS Online Experience Builders, Public or Private • Inspection assistance (Outfalls, Ponds, etc.) • As-built or Document scanning and/or linking. • Water model updates (GIS) • Survey and mapping services • LCRR solutions Important GIS Software Update – AssetAlly 2.0 Esri is discontinuing support for some of the programs that your current Geocortex software uses to run. They require everyone to move to their new licensing model and latest technology by the end of 2026. We expect our applications to continue working after support has ended, but only for a limited time. After Esri’s technology shift, the old software applications won’t receive support or updates. To prepare for this transition, we have provided a general estimate based on the anticipated update effort and the current number of active GIS user accounts. Additional data review will determine more accurate estimates specific to Fox Point and their software needs. We will be working with you and your staff to move your technology forward. 01132026 VB Packet Page 21 of 180 The upgrade to AssetAlly 2.0 includes: 1. Transform data to the AssetAlly 2 data schema 2. Publish to the Village's AGO 3. Adapt and publish custom layers 4. Create web maps for viewing layers 5. Implement the AssetAlly VertiGIS application 6. Create associated dashboards 7. Training sessions dedicated to AssetAlly 2.0 If Fox Point chooses not to upgrade to AssetAlly 2.0, the transition will include adopting custom applications within ArcGIS Online. The above-described professional services will be provided to you in accordance with the attached three page RM Standard Terms & Conditions dated January 1, 2024, which are made part of this agreement by reference. Please indicate your acceptance of this agreement by having the appropriate authorized official(s) affix their signature(s) where indicated and returning one fully executed copy to our office. We appreciate the opportunity to serve you and welcome your feedback and ideas on how we can provide even greater products and services. If you have any questions regarding our services and fees, please contact our office. Respectfully, RUEKERT & MIELKE, INC. Timothy J. Anderson GIS Team Leader tanderson@ruekert-mielke.com TJA:cal cc: Jerad Wegner, P.E., Ruekert & Mielke, Inc. 45-10008 01132026 VB Packet Page 22 of 180 2026 G IS ANNUAL SERVICES AGREEMENT Between the Village Fox Point and Ruekert & Mielke, Inc. Dated: January 7, 2026 CLIENT NAME: ENGINEER: Village of Fox Point Ruekert & Mielke, Inc. Signature: Signature: Jason P. Lietha, P.E. Title: Title: COO Date: Date: January 7, 2026 Designated Representative: Designated Representative: Name: Name: Timothy J. Anderson Title: Title: GIS Team Leader Phone Number: Phone Number: (262) 953-3013 01132026 VB Packet Page 23 of 180 Page 1 of 3 pages (Ruekert & Mielke, Inc. Standard Terms and Conditions) ~Raw Materials > AGREEMENT > Terms and Conditions > RM Standard Terms and Conditions Consulting~ Ruekert & Mielke, Inc. Standard Terms and Conditions (Consulting Services) Effective January 1, 2024 A. Standards of Performance The standard of care for all Consultant services performed or furnished Consultant under this Agreement will be the care and sk ill ordinarily used by members of the subject profession practicing under similar circumstanc es at the same time and in the same lo cality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant’s services. B. Designated Representatives With the execution of this Agreement, Cons ultant and Client shall designate specific i ndividuals to act as Consultant's and Cli ent's representatives with respect to the services to be performed or furnished by Consultant and duties and responsibilities of Clie nt under this Agreement. Such individuals shall have author ity to transmit instructions, receive info rmation, and render decisions relative t o the Assignment on behalf of the respective party whom the individual represents. C. Payments to Consultant Invoices will be prepared in accordance with Consultant’s standard invoicing practices and will be submitted to Client by Consultant monthly, unless otherwise agreed. Invoices are due and payable wi thin 30 days of receipt. If Client fails to make any payment due Consultant for services and expenses within 30 days after receip t of Consultant's invoice ther efore, the amounts due Consultant will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if le ss) from said thirtieth day. In addition, Consultant may, after giving seven days written notice to Client, suspend services under this Agreement until Consultant has be en paid in full all amounts due for services, expenses, and other related charges. Consultant’s standard hourly rates are subject to annual adjustment. D. Ownership and Reuse of Documents All documents and services prepared or furnished by Consultant pursuant to this Agreement are instruments of service, and Consultant shall retain an ownership and property interest therein (including the copyright and the right of r euse) whether or not the Project is completed. Consultant grants Client a limited license to use the deliverable docu ments on the Project, extensions of the Projec t, and for related uses of the Client, subject to receipt by Consultant of full payment due and owing for all services relating to prepara tion of the documents. Such limited license shall not create any rights in third parties. Reus e of any documents pertaining to this Agreeme nt by Client shall be at Client's sole risk; and Client agrees to indemnify, defend, and hold Consultant harmless from all claims, damages, and expenses including reasonable attorney's fees arising out of such reuse of documents by Client or by others acting through Client. E. Permits and Approvals It is the responsibility of the Client to obtain all necessary permits and approvals fo r the Project. Consultant will assist the Client in obtaining permits and approvals as mutually agreed to in writing. F. Opinions of Probable Cost Consultant’s opinions of probable construction cost (if any) are to be made on the basis of Cons ultant’s experience, qualifications, and general familiarity with the construction industry. However, because Consultant has no control over the cost of labor, material s, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market cond itions, Consultant cannot and does not guarantee that proposals, bids, or actual construction co sts will not vary from opinions of probable construction cost prepared by Consultant. If Client requires great er assurance as to probable construction costs, then Client a grees to obtain an independent cost estimate. G. Client and Third Party Provided Information Consultant shall have the right to rely on the accuracy of any information provided by Clie nt and third parties. Consultant will not review this information for accuracy. H. Access Client shall arrange for safe access to and make all provisions for Consultant and Consultant’s subconsultants to enter upon public and private property as required for Consultant to perform services under this Agreement. I. Construction Observation Consultant will observe the work as agreed to for general compliance with the construction documents. Consultant shall not at any time supervise, direct, control, or have authority over any contractor’s work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of constructi on selected or used by any contractor, or the safety precauti ons and programs incident thereto, for security or safety at the Project site, nor for any failu re of a contractor to comply with laws and regulations applicable to that contractor’s furnishing and performing of its work. Consultant shall not be responsible for the acts or omis sions of any contractor. Consultant has no stop work authority. Consultant shall not be responsib le for any decision made regarding the cons truction contract requirements, or any application, interpretation, clar ification, or modification of the construction contract document s, other than those made by Consultant. J. Environmental The parties acknowledge that Consultant’s services do not include any services related to unknown or undisclosed Constituents o f Concern. Consultant assumes no liability for the detection or re moval of any hazardous substances found at or adjacent to the P roject site. 01132026 VB Packet Page 24 of 180 Page 2 of 3 pages (Ruekert & Mielke, Inc. Standard Terms and Conditions) ~Raw Materials > AGREEMENT > Terms and Conditions > RM Standard Terms and Conditions Consulting~ K. Termination of Contract 1. Either party may at any time terminat e this Agreement with 7 days written notice for cause in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 2. Client may terminate this Agreement for convenience with 30 days written notice, or the Project may be suspended by Client w ith 30 days written notice. 3. Consultant may terminate this Agreement for cause with 7 days written notice (a) if Consultant is requested to furnish or pe rform services contrary to Consultant’s responsibilities as a licensed professional, (b) if Consultant’s services are delayed or suspended for more than 90 days for reasons beyond Consultant’s control, (c) if payment due Consultant remains unpaid for 90 days, or (d) as the r esult of the presence of undisclosed Constituents of Conc ern. Consultant will have no liability to Client on account of any termination by C onsultant for cause. 4. In the event of any termination, Client shall pay to Consultant all amounts owing to Consul tant under this Agreement, for al l work performed up to the effective date of notice. L. Insurance Consultant will maintain insurance at a minimum in the amounts following. Insurance certificates will be provided if requested by Client.  General Liability $1,000,000 Each Occu rrence / $2,000,000 General Aggregate  Auto Liability $1,000,000 Combined Single Limit  Workers Compensation Statutory  Employers Liability $1,000,000 Each Accident / $1,000,000 Each Employee / $1,000,000 Policy Limit  Umbrella $1,000,000 Occurrence / Aggregate  Professional Liability $1,000, 000 Per Claim / Aggregate M. Indemnification and Allocation of Risk 1. To the fullest extent permitted by law, C onsultant shall indemnify and hold harmless Client, Client's officers, directors, part ners, and employees from damages and judgments (including reasonable fees), but only to the extent caused by any negligent act or omission of Consultant or Consultant's officers, directors, partners, employees, and subcons ultants in the performance of Consultant's serv ices under this Agreement. 2. To the fullest extent permitted by law, Cl ient shall indemnify and hold harmless Consul tant, Consultant's officers, directors, partners, employees, and subconsultants from damages and judgments (including reasonable fees), but only to the extent caused b y any negligent act or omission of Client or Client's officers, directors, partners, employees, and consultants with respect to this Agreement. 3. To the fullest extent permitted by la w, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the neglig ence of the party and in part by the negligence of the other p arty or any other negligent entity or indivi dual, will not exceed the percent age share that the party’s negligence bears to the total negligence of Client, Consultant, and all other negligent entities and individuals. 4. The indemnification provision of paragraph M.1. is subject to and limited by the provisions agreed to by Client and Consulta nt in paragraph N. "Limit of Liability," of this Agreement. N. Limit of Liability To the fullest extent permitted by law, t he total liability, in the aggregate, of Consul tant and Consultant's officers, directo rs, partners, employees, agents, and subconsultants, or any of them to Client and anyone claiming by, through, or under Client, for any and a ll injuries, losses, damages and expenses, whatsoever aris ing out of, resulting from, or in any way related to this Agreement from any cause or causes including but not limited to the neg ligence, professional errors or omissions, strict liability or breach of contract or warranty, express or implied, of Consultant or Consultant's officers, direct ors, partners, employee s, agents, and subconsultant s, or any of them, shall not exceed the total amount of $1,000,000, or the Consultant’s total fee for services rendered on this project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action, including without limitation active and passive negligence, however alleged or arising, unless otherwise pr ohibited by law. In no event shall the Consult ant’s liability exceed the amount of available ins urance proceeds. O. Consequential Damages To the fullest extent permitted by law, Client and Consultant waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partner s, consultants and subconsultants, any and all claims for or entitlement to specia l, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement, any Task Order, or a Specific Project, from any cause or causes. Such excluded damages include but are not limited to loss of pr ofits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital. P. Third Party Beneficiaries All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Consultant and not for the benefit of any other party. No thing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Client or the Consultant. Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other entity sh all have any claim against Consultant bec ause of this Agreement or the performa nce or nonperformance of services hereunder. Client agrees to include a pr ovision in all contracts with contractors and other entities involved in this Project to carry out the intent of this paragraph. 01132026 VB Packet Page 25 of 180 Page 3 of 3 pages (Ruekert & Mielke, Inc. Standard Terms and Conditions) ~Raw Materials > AGREEMENT > Terms and Conditions > RM Standard Terms and Conditions Consulting~ Q. Severability and Waiver of Provisions Any provision or part of the Agreement held to be void or unenf orceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or par t thereof with a valid and enforceable provision that comes as close as possible to ex pressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. R. Hold Harmless Consultant’s commitments as set forth in this Agreement are based on the expectation t hat all of the services described in this Agreement will be provided. In t he event Client later elects to reduce the Cons ultant’s scope of services, Client hereby agrees to release, hold harmless, defend and indemnify Consultant from any and all claims, damages, losses, or costs associated with or arising ou t of such reduction in services. S. Consultant’s Services Consultant’s Services do not include: (1) serving as a "municipal advisor" for purposes of the r egistration requirements of Section 975 of the Dodd-Frank Wall Street Reform and C onsumer Protection Act (2010) or the munici pal advisor registration rules issued by t he Securities and Exchange Commission; (2) advising Client, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other simil ar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, o r research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. T. Changed Conditions If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the Con sultant are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks or other materi al terms of this Agreement, the Consultant may call for reneg otiation of appropriate portions of this Agreement. The Consultant shall notify the Client of the changed conditions necessitating renegotiation, and the Consult ant and the Client shall prompt ly and in good faith enter in to renegotiation of this Agreement to address the changed conditions. If terms cannot be agree d to, the parties agree that either party has the right to terminate this Agreement in accordance with the Termination provision hereof. U. Delays Consultant shall not be liable for any loss or damage arising directly or indirectly from any delays for causes beyond the Cons ultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe w eather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; pandemics, failure of any government agency to act in timely manner; failure of performance by the Client or t he Client's contractors or consult ants; or discovery of any haza rdous substances or differing site conditions. If the delays resulting fr om any such causes increase the cost or time required by the Consultant to perform its services in an orderly and efficient manner, the Consul tant shall be entitled to a reasonable adjustment in schedul e and compensation. V. Entire Agreement This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant. W. Assignment Neither party to this Agreement shall transfer, sublet, or assi gn any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, wit hout the prior written consent of the other party. Subcontract ing to subconsultants normally contemplated by the Consultant as a generally accepted busine ss practice shall not be considered an ass ignment for purposes of this Agreement. X Dispute Resolution Client and Consultant agree to negotiate all disputes between them in good faith for a period of 60 days from the date of notice, prior to invoking mediation. Subsequent to negotiation, Client and Consultant agree to submit any and all unsettled claims, counterclaims, disputes, and other matters in questions between them arising out or relating to this Agreement or the breac h thereof ("disputes") to med iation as a condit ion precedent to litigation. Client and Consultant agree to participate in the mediation process in good faith and on a c onfidential basis. Y. Governing Law This Agreement will be governed by the laws of the state in which the project is located. Z. Definitions 1. Contractor - Any person or entity (not including the Consultant, its employees, agents, representatives, subcontractors, and subconsultants), performing or supporting cons truction activities relating to the Proj ect, including but not limited to contrac tors, subcontractors, suppliers, Client's work forces, utility compan ies, construction managers, testing firms, shippers, and trucker s, and the employees, agents, and representatives of any or all of them. 2. Constituent of Concern – any substanc es, including without limitation asbestos, asbestos-containing materials, toxic or hazardous substances, PFASs, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable state, provincial or federal st atutes), pollutants, viruses, bacteria or pathogens of any kind, or any other substances under a ny conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the Project site. END OF DOCUMENT 01132026 VB Packet Page 26 of 180 01132026 VB Packet Page 27 of 180 Village of Fox Point Indian Creek 2026 Stewardship Client Name: Marek Landscaping, LLC Project Name: Estimate ID: EST5879390 Date: Nov 24, 2025 43°09'46.3"N 87°53'06.4"W Fox Point, WI 53217Jobsite Address: Indian Creek 2026 Stewardship 7200 North Santa Monica Blvd Fox Point, WI 53217 Billing Address: Project Summary: We are excited for the opportunity to continue offering expert stewardship and maintenance services at Indian Creek in 2026. Our ecologists are uniquely positioned to care for natural areas and their specific needs. Our team specializes in thoughtful care of native plant communities and will work to ensure the health of Indian Creek year-round. Our ecologists are skilled in integrative pest management and will use the most appropriate and effective methods to manage invasive and undesirable species based on each species' phenology, the time of year, and the site's varying conditions. Previous years of stewardship activities have been successful: with a significant reduction of invasive species present and increasing density and diversity of native species. Several problem areas and species still persist, and focused attention will be paid to these in 2026. Primary targets for herbaceous treatments will include Purple Loosestrife, Reed Canary Grass, and Cattails. Secondary targets include Creeping Buttercup, Creeping Jenny, Curly Dock, Thistle, and Teasel. Primary targets for woody species treatments will include Ash, Box Elder, Buckthorn, Burning Bush, Elm, Silver Maple and Willow saplings. The area will also be monitored for emergent threats of new or spreading invasive species not considered as primary targets. $7,654.00Mixed Invasives Invasive and undesirable vegetation will be controlled by a combined approach including targeted foliar herbicide application, pulling, cutting, and collection of viable weed seed. Includes a minimum of three visits by staff ecologists throughout the 2026 growing season to: · Reduce populations of invasive species, focusing on outlier and flowering individuals. · Collect and spread seed from existing native species to encourage the spread of the native plant community across the wetland. $5,540.00Purple Loosestrife Purple Loosestrife will be controlled primarily by herbicide application, using backpack sprayers and wick applicators with aquatic-approved herbicide, or through cutting and dabbing with aquatic-approved herbicides and bagging the mature tops for disposal. A minimum of three visits will be completed throughout the growing season. $693.00Reed Canary Grass Control Reed Canary Grass will be controlled by herbicide application with aquatic-approved herbicides. One visit in early spring will be conducted when Reed Canary Grass is in its early growth stages. Remaining Reed canary grass will be an additional target on return visits as necessary. $3,553.00Cattail Control and Maintenance www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 1 of 2Indian Creek 2026 Stewardship [EST5879390] 01132026 VB Packet Page 28 of 180 We will be using a boom mower to more heavily manage the cattail to prevent further expansion into the wetland areas. Cattails will be treated using aquatic-approved herbicides applied via backpack sprayers and/or wick applicators. Cattails may be cut prior to herbicide application to reduce the amount of herbicide required. Two visits will be completed in August and September. $5,720.00Control of Tree Seedlings Ash, Boxelder, Buckthorn, Willow, and other undesirable tree seedlings within the creek bed and floodplain will be controlled by cutting and/or mowing seedlings. Stumps will be treated with herbicide labeled for aquatic use, or basal bark treating seedlings with an herbicide labeled for aquatic use. Four visits will be completed in Fall. $2,296.25Vegetation Monitoring and Inventory Survey One timed-meander vegetation survey will be competed in Fall 2026 to inventory and quantify native and invasive wetland species. The survey results will be reported and discussed in the end of year report. We recommend alternating survey season each year, with a Spring survey suggested for 2027. $1,200.00Progress Monitoring and End of Year Report Includes all inspections to monitor site progress and a year-end report to record the year's efforts and make recommendations for future work. $26,656.25Subtotal $0.00Taxes $26,656.25Estimate Total Estimate authorized by: Estimate approved by: Company Representative Customer Representative Signature Date: Signature Date: Payment Terms: Progress invoices will be sent monthly. If the purchaser fails to make payment within 30 days, any guarantee shall be null and void and purchaser shall pay interest on the balance due and owing at the rate of one and one-half percent (1.5%) per month, at an annual rate of eighteen percent (18%). The purchaser agrees to pay any expenses incurred by Marek Landscaping, LLC in collecting amounts due, including court costs, attorney's fees and any other costs of collection. Our workers are fully covered by Worker's Compensation Insurance. Prices are only valid when the estimate is accepted in full. A fee equal to 10% of the proposed amount will be applied for cancellations without two weeks' written prior notice. All invoices will be mailed electronically, unless otherwise requested. Any changes after the proposal is signed will be subject to a $125 change order fee. This estimate is valid for 30 days from date created. A list of herbicides used on your property by Marek Landscaping and their product labels are available upon request. Please email dennis@mareklandscaping.com if you would like this information. Thank you for your business. This proposal becomes the working contract once signed. www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 2 of 2Indian Creek 2026 Stewardship [EST5879390] 12/4/2026 01132026 VB Packet Page 29 of 180 01132026 VB Packet Page 30 of 180 Village of Fox Point Indian Creek Woods Stewardship 2026 Client Name: Marek Landscaping, LLC Project Name: Estimate ID: EST5879381 Date: Nov 24, 2025 7200 North Santa Monica Blvd Fox Point, WI 53217 Jobsite Address: Indian Creek Woods 2026 Stewardship 7200 North Santa Monica Blvd Fox Point, WI 53217 Billing Address: Project Summary We are excited for the opportunity to continue offering expert stewardship and maintenance services at Indian Creek Woods in 2026. Our ecologists are uniquely positioned to care for natural areas and their specific needs. Our team specializes in thoughtful care of native plant communities and will work to ensure the health of Indian Creek Woods year-round. Our ecologists are skilled in integrative pest management and will use the most appropriate and effective methods to manage invasive and undesirable species based on each species' phenology, the time of year, and the site's varying conditions. Previous years of stewardship activities have been successful: with a significant reduction of invasive species present and increasing density and diversity of native species. Several problem areas and species still persist, and focused attention will be paid to these in 2026. Primary targets for herbaceous treatments will include Bishop's Goutweed, Burdock, Creeping Bellflower, Dame's Rocket, Garlic Mustard, and Thistle. Primary targets for woody species treatments will include Ash, Boxelder, Buckthorn, Burning Bush, Elm, Mulberry, and Silver Maple saplings. The area will also be monitored for emerging threats of invasive species not considered primary targets. Three of the six proposed visits will focus on herbaceous vegetation, with the remaining six focusing on the woody invasive species. $2,310.00Vegetation Maintenance Invasive and undesirable vegetation will be controlled by a combined approach including targeted foliar herbicide application, pulling, cutting, and collection of viable weed seed. Includes a minimum of three visits by staff ecologists throughout the 2026 growing season to: · Control invasive and undesirable herbaceous plants. · Seed bare and/or disturbed areas with a custom woodland native seed mix and cover crop to prevent erosion, prevent re-infestation of invasive and undesirable plants, and encourage the establishment of the intended native plant community Objective for this season will include: · Reduce populations of aggressive goldenrod species, including Canada Goldenrod · Reduce Bishops Goutweed, focus on targeting prior to flowering. · Reduce Creeping Bellflower, focus on targeting prior to flowering. · Reduce Dames Rocket and Garlic Mustard population, focusing on second year and flowering individuals. · Continued invasive species management to reduce populations, focusing on satellite and flowering populations. $4,422.00Woody Invasive Species Control Includes three visits by Marek ecologists in Fall and/or Winter 2026. Objectives will include: · Treating saplings and re-sprouts of undesirable and previously removed invasive woody species, including Boxelder and Buckthorn. · Reduce populations of Ash, Burning Bush, Elm, Mulberry, and Silver Maple www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 1 of 2Indian Creek Woods 2026 Stewardship [EST5879381] 01132026 VB Packet Page 31 of 180 · Reduce populations of Ash, Burning Bush, Elm, Mulberry, and Silver Maple · Maintain young native trees along trail, ensuring healthy growth and pruning as needed. $6,732.00Subtotal $0.00Taxes $6,732.00Estimate Total Estimate authorized by: Estimate approved by: Company Representative Customer Representative Signature Date: Signature Date: Payment Terms: Progress invoices will be sent monthly. If the purchaser fails to make payment within 30 days, any guarantee shall be null and void and purchaser shall pay interest on the balance due and owing at the rate of one and one-half percent (1.5%) per month, at an annual rate of eighteen percent (18%). The purchaser agrees to pay any expenses incurred by Marek Landscaping, LLC in collecting amounts due, including court costs, attorney's fees and any other costs of collection. Our workers are fully covered by Worker's Compensation Insurance. Prices are only valid when the estimate is accepted in full. A fee equal to 10% of the proposed amount will be applied for cancellations without two weeks' written prior notice. All invoices will be mailed electronically, unless otherwise requested. Any changes after the proposal is signed will be subject to a $125 change order fee. This estimate is valid for 30 days from date created. A list of herbicides used on your property by Marek Landscaping and their product labels are available upon request. Please email dennis@mareklandscaping.com if you would like this information. Thank you for your business. This proposal becomes the working contract once signed. www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 2 of 2Indian Creek Woods 2026 Stewardship [EST5879381] 12/4/2026 01132026 VB Packet Page 32 of 180 01132026 VB Packet Page 33 of 180 01132026 VB Packet Page 34 of 180 01132026 VB Packet Page 35 of 180 01132026 VB Packet Page 36 of 180 01132026 VB Packet Page 37 of 180 01132026 VB Packet Page 38 of 180 01132026 VB Packet Page 39 of 180 01132026 VB Packet Page 40 of 180 01132026 VB Packet Page 41 of 180 VILLAGE OF FOX POINT SPRING 2026 TREE PLANTING AWARD LIST (January 2, 2026) QUANTITY SPECIES SIZE JOHNSON'S SUBSTITUTION LEAVES INSPIRED SUBSTITUTION MCKAY SUBSTITUTION TILLMANN SUBSTITUTION WAYSIDE SUBSTITUTION AWARD TOTAL 9 Autumn Fantasy Maple 2 - 2.5" $250.00 $167.00 $175.00 $171.00 Matador $180.00 $1,503.00 0 Three-flowered Maple 2 - 2.5" N/A N/A N/A N/A N/A $0.00 2 State Street Miyabei Maple 2 - 2.5" $250.00 $167.00 $170.00 $171.00 $150.00 $300.00 6 Fall Fiesta Sugar Maple 2 - 2.5" $250.00 N/A $190.00 $180.50 $150.00 $900.00 1 Regal Petticoat Sycamore Maple 2 - 2.5" $275.00 N/A N/A N/A N/A $275.00 2 Early Glow Buckeye 2 - 2.5" $325.00 N/A N/A N/A $170.00 $340.00 1 Ft. McNair Horsechestnut 2 - 2.5" $325.00 Mystic Ruby $180.00 N/A $180.50 $190.00 $180.00 1 Yellow Buckeye 2 - 2.5" N/A $275.00 1.75" N/A N/A N/A $275.00 1 Autumn Brillance Serviceberry 2 - 2.5" $220.00 20 Gal N/A $210.00 $185.25 $175.00 $175.00 2 Bitternut Hickory 2 - 2.5" $268.00 N/A N/A N/A N/A $536.00 4 Wisconsin Red Musclewood 2 - 2.5" $300.00 N/A $180.00 N/A N/A $720.00 1 Northern Catalpa 2 - 2.5" $225.00 $150.00 3" $170.00 $180.50 $140.00 $140.00 5 Chicagoland Hackberry 2 - 2.5" $250.00 Common $150.00 Common $140.00 Common $175.75 common $150.00 Common $700.00 2 Katsuratree 2 - 2.5" $205.00 25 Gal N/A $160.00 N/A N/A $320.00 2 Eastern Redbud 2 - 2.5" $390.00 N/A $180.00 N/A $210.00 $360.00 1 American Yellowwood 2 - 2.5" N/A N/A 2.5" N/A N/A $190.00 $190.00 5 Golden Glory Dogwood (tree form) 2 - 2.5" $220.00 1.75" B&B $120.00 1.25" N/A N/A $150.00 $750.00 2 Princeton Sentry Ginkgo 2 - 2.5" $515.00 N/A N/A $228.00 $290.00 $580.00 1 Skyline Honeylocust 2 - 2.5" $250.00 $167.00 $170.00 $166.25 $140.00 $140.00 1 Espresso Kentucky Coffeetree 2 - 2.2" $325.00 N/A $195.00 $190.00 $180.00 $180.00 2 Seven Son Flower 6 ft. $160.00 $115.00 N/A N/A $150.00 $230.00 2 Canert Juniper 8 ft. $290.00 Hill Dundee/Mt Batten N/A N/A N/A $175.00 6 Ft $350.00 5 Moraine Sweetgum 2 - 2.5" $220.00 25 Gal N/A $185.00 Worplesdon N/A N/A $925.00 6 Tuliptree 2 - 2.5" $300.00 $184.00 $190.00 N/A $240.00 $1,104.00 0 Cucumbertree Magnolia 2 - 2.5" N/A N/A N/A N/A N/A $0.00 3 Adirondak Crabapple 2 - 2.5" $225.00 N/A $150.00 $147.25 $110.00 $330.00 3 Royal Raindrops Crabapple 2 - 2.5" $180.00 $145.00 $150.00 $147.25 $110.00 $330.00 01132026 VB Packet Page 42 of 180 VILLAGE OF FOX POINT SPRING 2026 TREE PLANTING AWARD LIST (January 2, 2026) QUANTITY SPECIES SIZE JOHNSON'S SUBSTITUTION LEAVES INSPIRED SUBSTITUTION MCKAY SUBSTITUTION TILLMANN SUBSTITUTION WAYSIDE SUBSTITUTION AWARD TOTAL 1 Emerald Spire Crabapple 2 - 2.5" $205.00 N/A 1.75" N/A N/A $120.00 $120.00 6 Ironwood 2 - 2.5" $235.00 1.75" B&B N/A $180.00 N/A $190.00 $1,080.00 4 Exclamation London Planetree 2 - 2.5" $225.00 $155.00 2.5" N/A $161.50 $185.00 $620.00 3 Pink Flair Sargent Cherry 2 - 2.5" $250.00 N/A N/A N/A N/A $750.00 1 Bur Oak 2 - 2.5" $325.00 $190.00 $180.00 $175.75 N/A $180.00 1 Chinkapin Oak 2 - 2.5" $390.00 N/A $195.00 N/A $310.00 $195.00 5 Schuettei Oak 2 - 2.5" $300.00 $210.00 2" N/A N/A N/A $1,050.00 1 Giant Arborvitae 6 ft. $215.00 N/A N/A N/A $190.00 Green Giant $190.00 1 Ivory Silk Tree Lilac 2 - 2.5" $250.00 $160.00 $150.00 $180.50 $185.00 $150.00 2 Sweet Street Linden 2 - 2.5" $300.00 $160.00 1.75" N/A N/A N/A $320.00 2 Accolade Elm 2 - 2.5" N/A N/A N/A $161.50 $140.00 $280.00 2 Triumph Elm 2 - 2.5" $205.00 $150.00 2.5" $160.00 $161.50 $140.00 $280.00 99 TOTAL TREES TOTAL TREE AWARD (less delivery) $17,048.00 DELIVERY CHARGE $275.00 40 Trees $490.00 less than 40 trees $10/tree minimum $150 $250.00 15 to 40 trees(min. 15)$335.00 for all trees bid $200.00 less than 21 trees TOTALS INCLUDE DELIVERY CHARGE $1,836.00 TOTAL JOHNSON'S NURSERY $5,772.00 TOTAL LEAVES INSPIRED TREE NURSERY $4,900.00 TOTAL MCKAY NURSERY COMPANY $0.00 TILLMAN WHOLESALE GROWERS $5,910.00 TOTAL WAYSIDE NURSERIES $18,418.00 Grand Total 01132026 VB Packet Page 43 of 180 01132026 VB Packet Page 44 of 180 Green Infrastructure Maintenance Covenant for Beach Drive Coastal Resiliency - Contract G98005P127 This Maintenance Covenant (Covenant) is granted by the Village of Fox Point (Funding Recipient), located at 7200 North Santa Monica Boulevard, Fox Point, Wisconsin 53217 to the Milwaukee Metropolitan Sewerage District (District), located at 260 West Seeboth Street, Milwaukee, Wisconsin 53204. INTRODUCTION 1. The Green Infrastructure. The Green Infrastructure includes 5,984.32 square feet of bioswales with a stormwater runoff capture capacity of 21,446.25 gallons. The location of the Green Infrastructure is shown in Exhibit A. 2. Baseline Documentation. The condition of the Green Infrastructure is documented in a Baseline Report provided by the Funding Recipient to the District and incorporated into this Covenant by reference. The Baseline Report consists of reports, maps, photographs, and other documentation and provides an inventory of relevant features, characteristics, and conservation values. The Baseline Report provides an accurate representation of the condition of the Green Infrastructure at the time of the conveyance of this Covenant. The Baseline Report is an objective, but not exclusive, reference for monitoring compliance with the terms of this Covenant. 3. Conservation Intent. Funding Recipient and the District share the common purpose of preserving the Green Infrastructure for a period of at least 10 years. Funding Recipient intends to protect the Green Infrastructure. In addition, Funding Recipient intends to convey to the District and the District agrees to accept a right to monitor and enforce these restrictions. MAINTENANCE COVENANT In consideration of the facts recited above, Funding Recipient grants and the District accepts a Maintenance Covenant for a period of 10 years for the Green Infrastructure. This Covenant consists of the following terms, rights, and restrictions. 1. Purpose. The purpose of this Covenant is to require Funding Recipient to keep, preserve, and maintain the Green Infrastructure as described above. 2. Effective Dates. This Covenant is effective upon the date of last signature below. This Covenant terminates exactly 10 years from the date of last signature below. 3. Operation and Maintenance. Funding Recipient will maintain the Green Infrastructure so that it remains functional for the entire term of this Covenant. Funding Recipient is solely responsible for the operation, maintenance, and performance of the Green Infrastructure. 01132026 VB Packet Page 45 of 180 Page 2 of 8 4. Additional Reserved Rights of Funding Recipient. Funding Recipient retains all rights associated with the Green Infrastructure including the right to use it and invite others to use it in any manner that is not expressly restricted or prohibited by this Covenant or inconsistent with the purpose of this Covenant. However, Funding Recipient may not exercise these rights in a manner that would adversely affect the Green Infrastructure. Funding Recipient expressly reserves the right to sell, give, bequeath, mortgage, lease, or otherwise encumber or convey the Green Infrastructure only if: 4.1 The encumbrance or conveyance is subject to the terms of this Covenant. 4.2 Funding Recipient incorporates the terms of this Covenant by reference in any subsequent deed or other legal instrument by which Funding Recipient transfers any interest in all or part of the Green Infrastructure. 4.3 Funding Recipient notifies the District of any conveyance in writing within 15 days after the conveyance and provides the District with the name and address of the recipient of the conveyance and a copy of the legal instrument transferring rights. 4.4 Failure of Funding Recipient to perform any act required in Subparagraphs 4.2 or 4.3 does not impair the validity of this Covenant or limit its enforceability in any way. 5. District Rights and Remedies. To accomplish the purpose of this Covenant, Funding Recipient expressly conveys to the District the following rights and remedies: 5.1 Preserve Conservation Values. The District has the right to preserve and protect the Green Infrastructure. 5.2 Prevent Inconsistent Uses. The District has the right to prevent any activity or use of the Green Infrastructure that is inconsistent with the purpose of this Covenant and to require the restoration of areas or features of the Green Infrastructure that are damaged by any inconsistent activity or use pursuant to the remedies set forth herein. 5.3 Inspection. The District has the right to inspect and monitor compliance with the terms of this Covenant, obtain evidence for use in seeking judicial or other enforcement of the Covenant, and otherwise exercise its rights under this Covenant. The District will provide prior notice to Funding Recipient before inspecting the Green Infrastructure, shall comply with any safety rules of Funding Recipient when undertaking such inspections, and shall avoid unreasonable disruption of the activities of the Funding Recipient when undertaking such inspections. 6. Remedies for Violations. The District has the right to enforce the terms of this Covenant and prevent or remedy violations through appropriate legal proceedings. 6.1 Notice of Problems. If the District identifies problems with the Green Infrastructure, the District will initially attempt to resolve the problems collaboratively with the 01132026 VB Packet Page 46 of 180 Page 3 of 8 Funding Recipient. The District will notify Funding Recipient of the problems and request the Funding Recipient take remedial action within a reasonable amount of time. 6.2 Notice of Violation and Corrective Action. If the District determines that a violation of the terms of this Covenant has occurred or is threatened, then the District will give written notice of the violation or threatened violation and allow at least 30 days for the Funding Recipient to correct the violation. If Funding Recipient fails to respond, then the District may initiate judicial action. The requirement for an initial notice of violation does not apply if, in the discretion of the District, immediate judicial action is necessary to prevent or mitigate significant damage to the Green Infrastructure or if good faith efforts to notify Funding Recipient are unsuccessful. 6.3 Remedies. When enforcing this Covenant, the remedies available to the District include temporary or permanent injunctive relief for any violation or threatened violation of the Covenant, the right to require restoration of the Green Infrastructure to its condition at the time of the conveyance of this Covenant, specific performance, declaratory relief, and recovery of damages resulting from a violation of this Covenant or injury to the Green Infrastructure. 6.4 Non-Waiver. A delay or prior inability of the District to discover a violation or initiate enforcement proceedings does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Covenant. 6.5 Waiver of Certain Defenses. Funding Recipient waives any defense of laches or estoppel as related to this Covenant. 6.6 Acts Beyond the Control of Funding Recipient. The District may not bring any action against Funding Recipient for any injury or change in the Green Infrastructure resulting from causes beyond the control of Funding Recipient including, but not limited to, natural disasters such as fire, flood, storm, natural earth movement and natural deterioration, or prudent actions taken by Funding Recipient under emergency conditions to prevent or mitigate damage from such causes, provided that Funding Recipient notifies the District of any occurrence that has adversely affected or interfered with the purpose of this Covenant. 7. Amendment. Funding Recipient and the District may jointly amend this Covenant in a written instrument executed by both parties. However, no amendment will be allowed if, in the judgment of the District, the proposed amendment: 7.1 Seeks to diminish the Green Infrastructure, 7.2 Would be inconsistent with the purpose of this Covenant, 7.3 Seeks to shorten the duration of this Covenant, or 01132026 VB Packet Page 47 of 180 Page 4 of 8 7.4 Would affect the validity of this Covenant. 8. Assignment. The District may convey, assign, or transfer its interests in this Covenant to a unit of federal, state, or local government or to an organization that is qualified within the meaning of 26 U.S.C. § 170(h)(3) and in the related regulations or any successor provisions then applicable. As a condition of any assignment or transfer, any future holder of this Covenant is required to carry out its purpose for the remainder of its term. The District will notify Funding Recipient of any assignment at least 30 days before the date of such assignment. However, failure to give such notice does not affect the validity of assignment or limit its enforceability in any way. 9. Headings. The headings in this Covenant have been inserted solely for convenience of reference and have no effect on construction or interpretation. 10. Controlling Law and Liberal Construction. The laws of the State of Wisconsin govern the interpretation and performance of this Covenant. Ambiguities in this Covenant will be construed in a manner that best effectuates the purpose of this Covenant and protection of the Green Infrastructure. 11. Counterparts. Funding Recipient and the District may execute this Covenant in two or more counterparts which will, in the aggregate, be signed by both parties. Each counterpart is an original document. 12. Entire Agreement. This Covenant sets forth the entire agreement between Funding Recipient and the District with respect to this Covenant and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Covenant other than Green Solutions Funding Agreement G98005P127-Beach Drive Coastal Resiliency, executed on June 15, 2023. 13. Extinguishment. This Covenant may be terminated or extinguished before the expiration of its term, in whole or in part, only through judicial proceedings in a court of competent jurisdiction. Furthermore, this Covenant may be extinguished only if Funding Recipient and the District agree that a subsequent unexpected change in the condition of or surrounding the Green Infrastructure makes accomplishing the purpose of this Covenant impossible. 14. Ownership Responsibilities, Costs, and Liabilities. Funding Recipient retains all responsibilities and will bear all costs and liabilities related to the ownership of the Green Infrastructure including, but not limited to, the following: 14.1 Operation, upkeep, and maintenance. Funding Recipient is responsible for the operation, upkeep, and maintenance of the Green Infrastructure. 14.2 Control. In the absence of a judicial decree, nothing in this Covenant establishes any right or ability in the District to: 01132026 VB Packet Page 48 of 180 Page 5 of 8 a. Exercise physical or managerial control over the day-to-day operations of the Green Infrastructure; b. Become involved in the management decisions of Funding Recipient regarding the generation, handling, or disposal of hazardous substances; or c. Otherwise become an operator of the Green Infrastructure within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), or similar laws imposing legal liability on the owner or operator of the Green Infrastructure. 14.3 Permits. Funding Recipient is solely responsible for obtaining applicable government permits and approvals for any construction or other activity or use permitted by this Covenant. During construction or any other activity, Funding Recipient will comply with all applicable federal, state, and local laws, regulations, and requirements. 14.4 Indemnification. Funding Recipient releases and will hold harmless, indemnify, and defend the District and its commissioners, members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors and assigns of each (collectively “Indemnified Parties”) from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, judgments, or administrative actions including, without limitation, reasonable attorneys’ fees, arising from or in any way connected with: a. Injury to or the death of any person or physical damage to the Green Infrastructure resulting from any act, omission, condition, or other matter related to or occurring on or about the Green Infrastructure, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; b. The violation or alleged violation of, or other failure to comply with, any state, federal, or local law or regulation including, without limitation, CERCLA, by any person other than the Indemnified Parties in any way affecting, involving, or related to the Green Infrastructure; or c. The presence or release in, on, from, or about the Green Infrastructure, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. Nothing in this Covenant is intended to be a waiver or estoppel of Funding Recipient or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statues §§ 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, Funding Recipient or its insurer will not 01132026 VB Packet Page 49 of 180 Page 6 of 8 be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. 15. Severability. If any provision or specific application of this Covenant is found to be invalid by a court of competent jurisdiction, then the remaining provisions or specific applications of this Covenant will remain valid and binding. 16. Successors. This Covenant is binding upon and inures to the benefit of Funding Recipient and the District and their respective personal representatives, heirs, successors, and assigns and will continue as a servitude running with the Green Infrastructure for the term of this Covenant. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT VILLAGE OF FOX POINT By: Kevin L. Shafer, P.E. Executive Director By: Christine Symchych President Date: ______________________________ Date: ______________________________ Approved as to Form By: Vincent R. Bauer Attorney for the District 01132026 VB Packet Page 50 of 180 Page 7 of 8 Exhibit A 01132026 VB Packet Page 51 of 180 Page 8 of 8 01132026 VB Packet Page 52 of 180 STATE OF WISCONSIN VILLAGE OF FOX POINT MILWAUKEE COUNTY RESOLUTION NO. 2026-01 RESOLUTION TO ADOPT WORLD MIGRATORY BIRD DAY Whereas, migratory birds are some of the most beautiful and easily observed wildlife that share our communities, and Whereas, many citizens recognize and welcome migratory songbirds as symbolic harbingers of spring, and Whereas, these migrant species also play an important economic role in our community, controlling insect pests and generating millions in recreational dollars statewide, and Whereas, migratory birds and their habitats are declining throughout the Americas, facing a growing number of threats on their migration routes and in both their summer and winter homes, and Whereas, public awareness and concern are crucial components of migratory bird conservation, And Whereas, citizens enthusiastic about birds, informed about the threats they face, and empowered to help address those threats can directly contribute to maintaining healthy bird populations, and Whereas, since 1993 World Migratory Bird Day (formerly International Migratory Bird Day) has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in our communities and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean, and the southern U.S., and Whereas, hundreds of thousands of people will observe WMBD, gathering in town squares, community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take action to conserve them, and simply to have fun, and Whereas, while WMBD will be held this year on the second Saturday in May, its observance is not limited to a single day, and planners are encouraged to schedule activities on the dates best suited to the presence of both migrants and celebrants, and Whereas, WMBD is not only a day to foster appreciation for wild birds and to celebrate and support migratory bird conservation, but also a call to action, Now Therefore Be It Resolved, that the Fox Point Village President and Village Board hereby do hereby proclaim May 2, 2025 as World Migratory Bird Day in the Village of Fox Point and urge all citizens to celebrate this observance and to support efforts to protect and conserve migratory birds and their habitats in our community and the world at large. Passed and Adopted by the Village Board, Village of Fox Point, this 13th of January, 2026 Christine Symchych Village President Teri Repins Village Deputy Clerk 01132026 VB Packet Page 53 of 180 01132026 VB Packet Page 54 of 180 01132026 VB Packet Page 55 of 180 01132026 VB Packet Page 56 of 180 01132026 VB Packet Page 57 of 180 01132026 VB Packet Page 58 of 180 01132026 VB Packet Page 59 of 180 01132026 VB Packet Page 60 of 180 01132026 VB Packet Page 61 of 180 01132026 VB Packet Page 62 of 180 01132026 VB Packet Page 63 of 180 01132026 VB Packet Page 64 of 180 01132026 VB Packet Page 65 of 180 01132026 VB Packet Page 66 of 180 01132026 VB Packet Page 67 of 180 01132026 VB Packet Page 68 of 180 MEMORANDUM _________________________________________________________ POLICE DEPARTMENT VILLAGE OF FOX POINT TO: BOARD OF TRUSTEES MITCH REYNOLDS; INTERIM VILLAGE MANAGER FROM: CHIEF CHRISTOPHER FREEDY DATE: JANUARY 5, 2026 REGARDING: AUTHORIZATION TO PURCHASE DURING THE BUDGET 2026 BUDGET PRESENTATION AND SUBSEQUENT BUDGET APPROVAL PROCESS , THE VILLAGE BOARD APPROVED THE P URCHASE OF A 2026 CHEVROLET TAHOE PPV TO REPLACE AN AGING SQUAD. THE VEHICLE REQUIRES MODIFICATION BY AN EMERGENCY VEHICLE UPFITTER AFTER DELIVERY FOR USE AS AN EMERGENCY VEHICLE. THE VILLAGE CURRENTLY USES 10-33 VEHICLE SERVICES TO COMPLETE THE UPFITTING AND THE VEND OR HAS ORDERED ALL OF THE N ECESSARY EQUIPMENT TO COMPLETE THE MODIFICATION. I AM REQUESTING THE VILLAGE BOARD AUTHORIZE THE INTERIM VILLAGE MANAGER TO APPROVE AND PAY INVOICE 4190 FROM 10-33 VEHICLE SERVICES IN THE AMOUNT OF $8,977.98. THIS INVOICE COVERS THE COST OF THE EQUIPMENT; LABOR COSTS WILL BE INVOICED UPON DELIVERY OF THE VEHICLE. 01132026 VB Packet Page 69 of 180 1 A meeting of the Fox Point Village Board was held by a combination of in-person and 2 virtual attendance via telephonic and video conferencing on Tuesday, December 9, 2025 in 3 Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President Symchych called the 4 meeting to order at 6:30 p.m. and asked the Deputy Village Clerk to take roll call. 5 Roll Call of the Village Board present included: 6 7 Village President Christine Symchych 8 Trustee Greg Ollman 9 Trustee Liz Aelion 10 Trustee Jennie Stoltz 11 Trustee Freedman 12 Trustee Miller 13 Trustee Barry 14 15 Also present were Interim Village Manager Mitch Reynolds, Assistant Village Manager Kevin 16 Ausman, Village Attorney Eric Larson, Police Chief Chris Freedy (via Zoom), Public Works 17 Director Scott Brandmeier (via Zoom), Financial Manager Mary Carthell, Deputy Financial 18 Manager Kestra Neuenschwander (via Zoom) and Deputy Clerk Teri Repins 19 20 Notice of the meeting was provided to the North Shore Now and to all others as required by 21 State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica 22 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 23 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 24 25 Public Hearing: Proposed 2026 Village Budget 26 27 The Board will hold a Public Hearing to receive comments and input on the proposed 2026 28 Village Budget. 29 30 On motion made by Trustee Freedman, seconded by Trustee Ollman and carried by roll call 31 vote (7-0), the board opened the Public Hearing at 6:31 p.m. 32 33 There were no public comments. 34 35 On motion made by President Symchych, seconded by Trustee Miller and carried by roll call 36 vote (7-0), the board closed the Public Hearing at 6:32 p.m. 37 38 Resolution to Adopt the 2026 Village General Fund Budget, Designated Fund Budgets, 39 and Shared Services Budgets; Levy Taxes; and Impose Delinquent Water and Sewer 40 Charges on the Tax Roll 41 42 The Board will discuss and possibly take action on a Resolution to Adopt the 2026 Village 43 General Fund Budget, Designated Fund Budgets, and Shared Services Budgets; Levy Taxes; 44 and Impose Delinquent Water and Sewer Charges on the Tax Roll. 45 46 Motion made by President Symchych, seconded by Trustee Miller to adopt the 2026 Village 47 General Fund Budget, Designated Fund Budgets, and Shared Services Budgets; Levy Taxes; 48 and Impose Delinquent Water and Sewer Charges on the Tax Roll as included in the agenda 49 packet. Motion carried by roll call vote (7-0) 50 01132026 VB Packet Page 70 of 180 51 Adjournment 52 53 Motion made by President Symchych, seconded by Trustee Miller and carried by roll call vote 54 (7-0), to adjourn the Village Board meeting at 6:44 p.m. 55 56 57 58 Respectfully submitted, 59 60 61 62 Mitch Reynolds 63 Interim Village Manager 64 65 66 67 68 Published and posted: 69 70 71 72 01132026 VB Packet Page 71 of 180 STATE OF WISCONSIN VILLAGE OF FOX POINT RESOLUTION NO. 2026- MILWAUKEE COUNTY RESOLUTION IDENTIFYING SINGLE POLLING PLACE FOR THE VILLAGE OF FOX POINT WHEREAS, the Village of Fox Point currently has polling sites at the Fox Point Police Department building at 7300 North Santa Monica Boulevard (Wards 1-4) and at the Longacre Pavilion at 7343 North Longacre Road (Wards 5-8); and WHEREAS, because of ongoing increases in absentee voting, the numbers of voters who cast votes on election day for all elections has demonstrably declined to the point where one polling location provides ample capacity for members of the community to easily exercise their right to vote; and WHEREAS, the utilization of the Police Department as a polling location could be impacted by unforeseen and emergency events; and WHEREAS, the Village seeks to serve community members in the most effective way possible while maintaining exceptionally high level of services; and WHEREAS, adoption of certain advances and improvements in polling such as Badger Books create a more efficient process for all voters; and WHEREAS, the Village Board finds that use of public buildings available to the Village are impracticable, due to layout, organization, and parking limitations, and use of the nonpublic building as described herein will better serve the needs of the electorate, with ample space, improved movement through the building, improved ADA compliant access, and ample parking: and WHEREAS, upon due notice the Village Board held a public hearing on December 9, 2025 at which the public had an opportunity to present testimony on the proposed discontinuation of the polling place previously located at the Village Police Station, and held an additional public hearing on at which the public had an opportunity to present testimony on the proposed discontinuation of the polling place previously located at the Longacre Pavilion as required by Wisconsin Statutes Section 5.25(3)(c), and the Village Board has carefully considered all testimony received, along with the best interests of the health, safety and welfare of the Village of Fox Point and its residents and the general goals of conducting free and fair elections in the Village, and being duly advised, has determined to proceed as described herein. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Village Board of VILLAGE OF FOX POINT, Wisconsin AS FOLLOWS: SECTION 1: Effective on February 1, 2026, the polling place for all Wards in the Village of Fox Point shall be located at the Fox Point Lutheran Church at 7510 North Santa Monica Boulevard. SECTION 2: The Village Clerk is authorized to give adequate publicity of such changes prior to the next election. SECTION 3: Effective date. This resolution shall take effect immediately upon passage and posting or publication as provided by law. 01132026 VB Packet Page 72 of 180 ADOPTED THIS day of , 202 . VILLAGE OF FOX POINT Christine Symchych, Village President ATTEST Sara Bruckman, Village Clerk Treasurer 01132026 VB Packet Page 73 of 180 To: Village Board From: Mitch Reynolds, Interim Village Manager Date: 1/8/2026 Re: Combining polling locations MEMORANDUM At the regular Village Board meeting on December 9, 2025, testimony related to combining polling locations in the Village was delivered during a public hearing. As a result of that testimony, Trustees expressed a desire to identify an alternate location than the one proposed. Deliberations on the legislation to combine polling locations was postponed so that staff could research alternatives. Since the meeting on December 9, 2025, multiple potential locations were identified that might be suitable to host elections as the single polling location for the Village. Considerations to determine an appropriate location included centralized location, accessibility, space availability, parking, desire of the organization to provide the service, and willingness to continue availability over the long term. Site visits and evaluations included Fox Point Lutheran Church, Congregation Shalom, and Congregation Sinai. With concurrence from multiple chief election inspectors, it was determined that Fox Point Lutheran Church best fit all the requirements as identified. With consideration of the above, staff recommends approval of the resolution proposed to discontinue use of the two current polling locations at the Police Department and Longacre Pavilion and hold all future local, state, and federal elections at Fox Point Lutheran Church. 01132026 VB Packet Page 74 of 180 01132026 VB Packet Page 75 of 180 01132026 VB Packet Page 76 of 180 01132026 VB Packet Page 77 of 180 01132026 VB Packet Page 78 of 180 01132026 VB Packet Page 79 of 180 01132026 VB Packet Page 80 of 180 01132026 VB Packet Page 81 of 180 01132026 VB Packet Page 82 of 180 01132026 VB Packet Page 83 of 180 01132026 VB Packet Page 84 of 180 01132026 VB Packet Page 85 of 180 01132026 VB Packet Page 86 of 180 01132026 VB Packet Page 87 of 180 01132026 VB Packet Page 88 of 180 01132026 VB Packet Page 89 of 180 01132026 VB Packet Page 90 of 180 01132026 VB Packet Page 91 of 180 01132026 VB Packet Page 92 of 180 01132026 VB Packet Page 93 of 180 01132026 VB Packet Page 94 of 180 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Mitch Reynolds, Interim Village Manager Date: January 5, 2026 Re: Past Basket - CUP Overview Rick Cohen (on behalf of Lauren & Rose DBA Past Basket), has applied for conditional use approval regarding change of ownership for an existing business under Section 745-18D(1)(i) for a retail store, Past Basket, located at 383 W Brown Deer Road in the D Business District. The tenant space is located in the Audubon Court shopping center. Background Past Basket is an existing retail store located at 383 W Brown Deer Road. Request Section 745-18D(1)(i) of the Fox Point Municipal Code identifies retail and service stores as Conditional Use. The applicant has not indicated exterior modifications to the site, nor changes to the existing business operations. Hours of operation are Monday through Saturday, 9 AM – 6 PM. Staff have determined sufficient parking within the Audubon Court shopping center to accommodate the three (average) employees and any patrons of the establishment. Recommendation Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request following a mandatory public hearing. 01132026 VB Packet Page 95 of 180 Conditional Use Order WHEREAS, an application has been filed by Past Basket (hereinafter "Applicant"); and WHEREAS, the Applicant is requesting that a conditional use permit be granted pursuant to the Zoning Ordinance of the Village of Fox Point for the property located at 383 W Brown Deer Road , Fox Point, Wisconsin. NOW, THEREFORE, the Village of Fox Point Village Board, upon consideration of thoughts expressed by all persons heard at the Village Board meeting in this matter, upon consideration of the recommendation from the Plan Commission, and following all necessa ry study and investigation, having given the matter due consideration, hereby ORDERS AS FOLLOWS: Commencing upon the date hereof, the Applicant is hereby granted a conditional use permit, subject to initial and continued compliance with each and every one of the following conditions, restrictions and limitations. 1. Use Restricted. Past Basket will operate a retail establishment. The hours of operation shall be limited to Monday through Saturday, 9 AM – 6 PM. 2. Presentation Compliance. All of the Applicant’s plans, specifications, terms and representations as submitted with the application, or in support thereof, or as represented to the Village Board in the course of the approval process, are specifically incorporated herein and made a part hereof by reference, and the use of the subject property shall be in substantial conformance with the same except as further restricted or modified herein. 3. Not Transferable. This conditional use permit is granted to the Applicant and shall not be transferred or assigned without the Village Board’s prior written consent, which may only be granted following the Village Board’s receipt of a recommendation from the Plan Commission. 4. Applicant and Owner Agreement. As a condition precedent to the issuance of the conditional use permit, the owner of the Subject Property shall approve the issuance of this conditional use permit upon the terms and conditions described herein in writing, and the Applicant is required to accept the terms and conditions of the same in its entirety in writing. 5. Other Uses Prohibited . Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to whether a use is permitted, the question shall be submitted to the Plan Commission fo r recommendation to the Village Board, and then to the Village Board for determination. 6. No Nuisances, and Compliance with Applicable Laws. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law. 7. Subject Property Only . This conditional use hereby authorized shall be confined to the Subject Property described, without extension or expansion other than as noted herein. 8. Abandonment. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the Applicant be delinquent in payment o f any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Village Board following receipt of a recommendation from the Plan Commission and after the Village Board holds a public hearing in the matter. 9. Amendments. Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises (including but not limited to any change to the boundary limits of 01132026 VB Packet Page 96 of 180 the Subject Property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. 10. Plan Amendments. Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended (a) without separate approval in the limited circumstances described in Section 14.19(11) of the Village Code; or (b) by the Village Board upon receipt of a recommendation from the Plan Commission if the Village Board finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Board, in its sole discretion, finds to be substantial shall require a new permit, and all procedures in place at the time must be followed. 11. Severability. Should any paragraph or phrase of this conditional use permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. 12. Most Restrictive Applies . If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission. 13. Prior Conditional Use Permits Terminated . Unless stated otherwise herein or in the documents incorporated herein, all conditional use permits previously granted for the Subject Property, if any, shall be automatically terminated without further action of the Village Board immediately following full satisfaction of all condition’s precedent to this conditional use order taking effect. 14. Payment of fees. Applicant shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this conditional use order including the cost of professional services incurred by the Village (including engineering, le gal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional use order due to a violation of these conditions. 15. Payment of Taxes and Charges. Any unpaid bills owed to the Village by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees; or for personal property taxes; or for real property taxes; or for licenses, permit fees or any oth er fees owed to the Village; shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional use order, that is subject to all remedies available to the Village, including possible cause for termination of the conditional use order. 16. Conditions Shown in Minutes Incorporated . All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the Applicant’s application, as noted in the Minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference. 17. The Applicant is obligated to file with the Village Clerk a current mailing address and current phone number at which the Applicant can be reached, which must be continually updated by the Applicant if such contact information should change, for the duration of this conditional use. If the Applicant fails to maintain such current contact information the Applicant thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use. 01132026 VB Packet Page 97 of 180 Let copies of this order be filed in the permanent records of the Village Board for the Village of Fox Point, and let copies be sent to the proper Village of Fox Point authorities and the Applicant and Owner. Signed this _____ day of ______________, 2026, nunc pro tunc the _______ day of ________________, 2026. BY THE FOX POINT VILLAGE BOARD: Christine Symchych, Village President Attest: Sara A Bruckman, CMC/WCMC, Village Clerk/Treasurer APPROVAL I hereby approve the issuance of this Conditional Use Permit to the Applicant on the terms and conditions described herein. Dated this day of , 2026. SUBJECT PROPERTY OWNER ____________________________ By:__________________________________________________ Authorized Signatory Title: ________________________________________________ ACCEPTANCE I hereby accept the terms and conditions of this Conditional Use in its entirety. Dated this day of , 2026. APPLICANT: By: __________________________________________________ Authorized Signatory Title: ___________________________ 01132026 VB Packet Page 98 of 180 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Mitch Reynolds, Interim Village Manager Eric Larson, Village Attorney Scott Brandmeier, Director of Public Works Michael Rakow, Building Inspector Date: January 5, 2026 Re: Verizon Cell Tower Overview Ramaker and Associates have applied for approval to increase the height of the cell tower on property owned by the Village of Fox Point, 7200 N Santa Monica Blvd, located between Village Hall and the Municipal Pool parking lot. Background Per Wisconsin Statutes Section 66.0404(3) and Section 745- 23(D)(2)(d) of the Village Code, the Village must act on a telecommunication request no later than 45 days from the date the application was received to take final action on the zoning application, or it is deemed approved. The subject property (Village Hall) is identified as F Institutional District and regulated by Section 745-20. All uses in this district are subject to a set of required standards and findings before the use can be permitted. Changes to state statutes in recent years have limited local control over telecommunication towers, and the standards of 745-20 F Institutional District are preempted by Wisconsin state law. Wisconsin Statutes Section 66.0404(1)(s) defines a “substantial modification” to a cell tower structure as a change which increases the overall height more than 20 feet. The proposed height increase is exactly 20 feet, therefore classifying the request under State law as a class two collocation. The existing tower resides on Village property, and as such, the existing license requires that any co- locator on the tower must enter a separate license agreement with the Village. No such license or terms have been proposed to Village Staff. Request Section 745-23 of the Fox Point Municipal Code “Wireless Telecommunications mobile service facilities,” does identify a process for a class two collocation. This section mirrors state law in that the Plan 01132026 VB Packet Page 99 of 180 Commission and Village Board must make a determination within 45 days. However, the 45-day time limit only applies to zoning approval; not the issue of a license. Recommendation There are two items within this request that run parallel to each other; the zoning approval and the negotiation over a license (which has not yet been proposed). Unlike other sections of the Fox Point Municipal Code in regards to use approvals, Section 745-23 (regarding the class two collocation) does not establish conditions or standards that must be met by the Plan Commission. If the cell tower modification and collocation is recommended for approval, it should be made subject to the applicant obtaining a license for the use from the property owner. 01132026 VB Packet Page 100 of 180 01132026 VB Packet Page 101 of 180 01132026 VB Packet Page 102 of 180 01132026 VB Packet Page 103 of 180 01132026 VB Packet Page 104 of 180 01132026 VB Packet Page 105 of 180 01132026 VB Packet Page 106 of 180 01132026 VB Packet Page 107 of 180 01132026 VB Packet Page 108 of 180 01132026 VB Packet Page 109 of 180 01132026 VB Packet Page 110 of 180 01132026 VB Packet Page 111 of 180 01132026 VB Packet Page 112 of 180 01132026 VB Packet Page 113 of 180 01132026 VB Packet Page 114 of 180 01132026 VB Packet Page 115 of 180 01132026 VB Packet Page 116 of 180 01132026 VB Packet Page 117 of 180 01132026 VB Packet Page 118 of 180 01132026 VB Packet Page 119 of 180 01132026 VB Packet Page 120 of 180 01132026 VB Packet Page 121 of 180 01132026 VB Packet Page 122 of 180 01132026 VB Packet Page 123 of 180 01132026 VB Packet Page 124 of 180 01132026 VB Packet Page 125 of 180 01132026 VB Packet Page 126 of 180 01132026 VB Packet Page 127 of 180 01132026 VB Packet Page 128 of 180 01132026 VB Packet Page 129 of 180 01132026 VB Packet Page 130 of 180 01132026 VB Packet Page 131 of 180 01132026 VB Packet Page 132 of 180 01132026 VB Packet Page 133 of 180 01132026 VB Packet Page 134 of 180 01132026 VB Packet Page 135 of 180 01132026 VB Packet Page 136 of 180 01132026 VB Packet Page 137 of 180 01132026 VB Packet Page 138 of 180 01132026 VB Packet Page 139 of 180 01132026 VB Packet Page 140 of 180 01132026 VB Packet Page 141 of 180 01132026 VB Packet Page 142 of 180 01132026 VB Packet Page 143 of 180 01132026 VB Packet Page 144 of 180 01132026 VB Packet Page 145 of 180 01132026 VB Packet Page 146 of 180 01132026 VB Packet Page 147 of 180 01132026 VB Packet Page 148 of 180 01132026 VB Packet Page 149 of 180 01132026 VB Packet Page 150 of 180 01132026 VB Packet Page 151 of 180 01132026 VB Packet Page 152 of 180 01132026 VB Packet Page 153 of 180 01132026 VB Packet Page 154 of 180 01132026 VB Packet Page 155 of 180 01132026 VB Packet Page 156 of 180 01132026 VB Packet Page 157 of 180 01132026 VB Packet Page 158 of 180 01132026 VB Packet Page 159 of 180 01132026 VB Packet Page 160 of 180 01132026 VB Packet Page 161 of 180 01132026 VB Packet Page 162 of 180 01132026 VB Packet Page 163 of 180 01132026 VB Packet Page 164 of 180 01132026 VB Packet Page 165 of 180 01132026 VB Packet Page 166 of 180 01132026 VB Packet Page 167 of 180 01132026 VB Packet Page 168 of 180 01132026 VB Packet Page 169 of 180 01132026 VB Packet Page 170 of 180 01132026 VB Packet Page 171 of 180 01132026 VB Packet Page 172 of 180 01132026 VB Packet Page 173 of 180 01132026 VB Packet Page 174 of 180 01132026 VB Packet Page 175 of 180 01132026 VB Packet Page 176 of 180 01132026 VB Packet Page 177 of 180 01132026 VB Packet Page 178 of 180 01132026 VB Packet Page 179 of 180 01132026 VB Packet Page 180 of 180