Village Board — Agenda Packet

MEETING: REGULAR MEETING OF THE VILLAGE BOARD DATE & TIME: Monday, March 2, 2026 at 7:00 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road Any member of the body and/or citizen may attend the meeting virtually through the WebEx platform, Meeting #:2551 455 8667 Password: ywM4qU5krp2 which can be accessed by phone at 408-418-9388 or by clicking the link below: https://villageofgermantown.my.webex.com/villageofgermantown.my/j.php?MTID=m49bcd70fc98c6f1696315d2744b3586a Citizens not wishing to attend the meeting personally or virtually may submit any public comments by sending an email to comments@germantownwi.gov by 4 p.m. on the day of the meeting so that it can be provided to the members of the body for their consideration. Previously recorded VillageBoard Meeting Videos can be viewed at https://www.youtube.com/channel/UCOYp0EgELzTCa9X_iCohyhQ AGENDA I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. II. ROLL CALL: III. PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE: IV. PRESIDENT’S REPORT: V. ANNOUNCEMENTS OF FORTHCOMING EVENTS OF PUBLIC INTEREST / COMMITTEE AND DEPARTMENT REPORTS: VI. CITIZEN INPUT: (Please be advised per 19.84(2) that information and comment will be received from the public. It is the policy of this municipality that public input be limited to a four (4) minute period per person with a time extension granted at the discretion of the Chairperson. Be advised that there may be limited discussion of the information received but no action will be taken under public comments.) Comments that may be injurious to village personnel or other individuals will not be allowed. VII. CONSENT AGENDA: A. Meeting Minutes: February 16, 2026 (ACTION) B. Approve Contract for Ballfield Fencing (ACTION) VIII. UNFINISHED BUSINESS: A. Intergovernmental Agreement with Washington County Related to a $750,000 forgivable loan to Flamingo Marine. (ACTION) IX. PUBLIC HEARINGS: X. NEW BUSINESS: A. Premier Real Estate Management, LLC, Agent for Victory Place, LLC, Property Owner. Ordinance for Rezoning approximately 7 acres from the I: Institutional Zoning District to the Rm-2: Multiple-Family Residential Zoning District for a 48- unit multi-family residential development located on Fond du Lac Avenue and Crimson Road (approximately W140 N9889 Fond du Lac Avenue) in the Victory Center Corridor. (ACTION) Page 1 of 135 VILLAGE BOARD AGENDA March 2, 2026 Page 2 B. Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238- 21342 Bonniwell Road. (ACTION) C. An Ordinance Amending Section 1.379(2) Of The Germantown Municipal Code Relating To The Membership Of The Economic Development Commission. (ACTION) D. 4th of July -- Report and Discussion (ACTION) E. Update on Recruiting for Village Administrator and Director of Public Works. (ACTION) F. Retention bonuses for Certain Department Heads. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility and then may reconvene into open session to take such action as it deems appropriate. (ACTION) XI. ADJOURNMENT: UPON REASONABLE NOTICE, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the Village Clerk at (262)250-4745 at least 2 days prior to the meeting. Notice is hereby given that a possible quorum of other boards, committees, and/or commissions may attend this meeting to gather information about an item over which they have decision-making responsibility. This may constitute a meeting of these bodies per State ex rel. Badke v Greendale Village Board, even though these bodies will not take formal action at this meeting. Page 2 of 135 MEETING: AMENDED: REGULAR MEETING OF THE VILLAGE BOARD DATE AND TIME: Monday, February 16, 2026 7:00 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. Village Presiden t Bob Soderberg called the Village Board meeting to order at 7:00 PM. II. ROLL CALL: Present: Trustee Robert Warren, Trustee Meg Cutts, Trustee David Baum, Trustee Jan Miller, Trustee Kristen Borst, Trustee Jolene Pieper (arrived at 7:03 PM), Trustee Rick Miller, Trustee Terri Kaminski, Village President Bob Soderberg Also Present: Village Clerk Donna Ott, Village Attorney Brian Sajdak, Park Director Gil Standridge, Public Works Director Matt Mortwedt, Wastewater Superintendent Tim Zimmerman III. PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE: IV. PRESIDENT’S REPORT: Village President Soderberg spoke regarding the Flower Source demolition project, FEMA's denial of public assistance for damages related to the August 2025 flood, the resignations of DPW Director Mortwedt and Village Administrator Kreklow, the recent Plan Commission and Economic Development Commission meetings, and items on the upcoming Village Board agenda. V. ANNOUNCEMENTS OF FORTHCOMING EVENTS OF PUBLIC INTEREST / COMMITTEE AND DEPARTMENT REPORTS: Trustee Kaminski announced the upcoming Public Works & Highways Committee meeting on March 4, 2026, at 5:30 PM. Trustee Rick Miller announced the upcoming General Government & Finance Committee meeting on March 16, 2026, at 5:30 PM. Trustee Cutts announced the upcoming Public Safety Committee meeting on March 2, DRAFT Page 3 of 135 Page 2 2026, at 6:00 PM, and the Germantown K9 Chili Cook-off on February 22, 2026, at 2:00 PM. Trustee Jan Miller announced the upcoming Economic Development Commission on March 10, 2026, at 6:00 PM. VI. CITIZEN INPUT: (Please be advised per 19.84(2) that information and comment will be received from the public. It is the policy of this municipality that public input be limited to a four (4) minute period per person with a time extension granted at the discretion of the Chairperson. Be advised that there may be limited discussion of the information received but no action will be taken under public comments.) Comments that may be injurious to village personnel or other individuals will not be allowed. Lynne Schauer Bednarz (W156N10121 Pawnee Ct) spoke regarding New Business Item B (Blackstone Creek Land Exchange). Thomas Nass (W179N11435 Blackstone Cir) spoke regarding New Business Item B (Blackstone Creek Land Exchange). John Casanova (W177N11586 Blackstone Cir) spoke regarding New Business Item B (Blackstone Creek Land Exchange). Norman Berger (W141N9978 Seven Pines Way) spoke regarding garbage services and fees. Bill Knapp (N114W17823 Blackstone Cir) spoke regarding New Business Item B (Blackstone Creek Land Exchange). Neil Risler (N106W14743 Harrison Cir) spoke regarding Village Board meetings and citizen input. Doug Loman (W180N9881 Riversbend Cir W) spoke regarding New Business Item A (IGA with Washington Co. Related to a $750,000 Forgivable Loan to Flamingo Marine), and Closed Session items (New Business Items D and E). Melanie Smythe (N140W17938 Cedar Ln) spoke regarding New Business Item A (IGA with Washington Co. Related to a $750,000 Forgivable Loan to Flamingo Marine), and development. Written comments were not read aloud, but are included with these minutes. VII. CONSENT AGENDA: Motion: Approve as presented Motioned By: David Baum Seconded By: Rick Miller Consent Agenda Item H removed by Trustee Cutts. DRAFT Page 4 of 135 Page 3 Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Roll Call Vote (Yes 9, No 0, Abstained 0) On consideration of Item H (to approve as presented): Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Roll Call Vote (Yes 9, No 0, Abstained 0) A. February 2, 2026, Meeting Minutes (ACTION) B. Application for a Second Hand Article and Jewelry Dealer License: Premier Gold Silver and Coin (GSC); Event Held at Best Western, W190N10862 Commerce Cir, 02/24/26-02/28/26 (ACTION) C. Purchase of traffic detection cameras from TAPCO for an amount not to exceed $27,340.00. (ACTION) D. Purchase of tar and mastic and an application trailer rental from Sherwin Industries for an amount not to exceed $55,861.65. (ACTION) E. Purchase center and edge line striping services from Washington County for an amount not to exceed $62,000.00. (ACTION) F. Purchase two zero turn mowers from Bobcat Plus, Inc. for an amount not to exceed $31,337.24. (ACTION) G. A three-year HVAC service agreement with Martin Peterson Company for a total of $38,260.00 and a first year cost of $12,850.00. (ACTION) H. Acceptance of an appraisal performed by WisDOT and the transfer of Village of Germantown land to WisDOT for additional right-of-way at the intersection of Divison Road and STH 145 (Fond du Lac Ave). (ACTION) VIII. UNFINISHED BUSINESS: IX. PUBLIC HEARINGS: DRAFT Page 5 of 135 Page 4 X. NEW BUSINESS: A. Intergovernmental Agreement with Washington County Related to a $750,000 forgivable loan to Flamingo Marine (ACTION) Motion: Postpone item until next Village Board meeting Motioned By: Jan Miller Seconded By: Robert Warren Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) B. Blackstone Creek Land Exchange (DISCUSSION) Members of the Village Board discussed the potential land exchange, including the provided land appraisal, ideas for development, funding, and concerns. C. Fire Station One Remodeling Project (ACTION) Motion : Approve moving forward with determining how to repair the outdoor pavilion at Firemans Park to extend its life for a minimum of one year, and to use the $30,000 to make safety repairs and cosmetic repairs to Fire Station One as presented Motioned By: Terri Kaminski Seconded By: Jan Miller Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Rick Miller, Terri Kaminski, Bob Soderberg No: Jolene Pieper Abstain: None Motion Carried by Roll Call Vote (Yes 8, No 1, Abstained 0) D. Acquisition of N96 W18058 County Line Road (Tax Parcel No. 333-999) for the purpose of relocation of Wastewater Utility Lift Station 6. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session and then may reconvene into open session to take such action as it deems appropriate. (ACTION) DRAFT Page 6 of 135 Page 5 Wastewater Superintendent Zimmerman and Public Works Director Mortwedt provided information about the requested acquisition of the County Line parcel for the relocation of Wastewater Utility Lift Station 6. Motion: Enter into Closed Session for New Business Items D and E Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Roll Call Vote (Yes 9, No 0, Abstained 0) The Village Board entered into Closed Session at 9:25 PM. E. Engagement of a professional recruiting firm to assist the Village in filling the Village Administrator and/or Director of Public Works positions and discussion of process for hiring and/or retaining key staff positions. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility and/or Wis. Stat. § 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session and then may reconvene into open session to take such action as it deems appropriate. (ACTION) Motion : Return to Open Session at 10:19 PM Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) Motion: For New Business Item D, authorize the Village Attorney to proceed as directed in Closed Session Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Kristen Borst, Jolene Pieper, Rick DRAFT Page 7 of 135 Page 6 Miller, Terri Kaminski, Bob Soderberg No: Jan Miller Abstain: None Motion Carried by Roll Call Vote (Yes 8, No 1, Abstained 0) Motion: For New Business Item E, hire Innovative Public Advisors for the Village Administrator recruitment and to proceed with an internal posting process for the Public Works Director Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Roll Call Vote (Yes 9, No 0, Abstained 0) XI. ADJOURNMENT: Village President Soderberg adjourned the Village Board meeting at 10:21 PM. DRAFT Page 8 of 135 From: crb crb To: Comments Subject: V.B. 2-16-26 COMMENTS-NEW/CONSENT AGENDA Date: Friday, February 13, 2026 10:27:25 AM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, New Business item: Item A-INTERGOVERNEMENT AGREEMENT WITH WASHINGTON COUNTY. Does the village have in writing the proper process of how          to handle new development in the village and with the          Intergovernmental Washington County? Item D- Purchase County Line Rd Property. Will we be over paying for this property? (over paid for the other purchases recently made) Who is involved in making the deal? Consent Agenda item: Item F- Lawnmowers Do we really need 2 lawnmowers at this time? Could the village only purchase one this year? Use the rest of the money to help cover the O.T. ? Sincerely, The Schneider's DRAFT Page 9 of 135 From: foley.susan10@gmail.com To: Comments Subject: Blackstone Date: Saturday, February 14, 2026 1:09:27 PM [Some people who received this message don't often get email from foley.susan10@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello! I am once again out of state for this meeting but wanted to once again make my case. The development of any part of the Blackstone golf course property is NOT in the best interest of the village and those of us that live in the village…. Remember the expense and heart ache experienced last summer during the flooding? Since I moved adjacent to this property 5 years ago we have watched over 4 times the flooding closing the golf course and reaching over the bridges! This will be a continuous problem. Please remember the neighbors that live off of Division Road, that all showed up to tell you that adding any development that would increase traffic is not in their best interest. They showed up to share their every day experience and were not heard or represented…. The motion was passed. The Village holds all the cards here…. If the property is not rezoned it cannot be developed. Please, please, please… do what is right for the people that live here… the people you represent! A golf course or park can continue to serve our community in a positive way. Flooding and excessive traffic serves no one! Thank you, Sue Foley W177N11418 Blackstone Circle 262-510-8559 Sent from my iPhone DRAFT Page 10 of 135 From: noreply@civicplus.com To: Comments Subject: Online Form Submittal: Meeting Comment Form for Committees and Village Board Date: Monday, February 16, 2026 4:23:17 PM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Meeting Comment Form for Committees and Village Board First Name Kari Last Name Wohlfeil Address1 W177N11500 BLACKSTONE CIR City Germantown State WI Zip 53022 Email Address kari.fulkerson@gmail.com (Section Break) Which Committee/Commission/Board do you have comments for? Village Board What is the date of the meeting? 2/16/2026 For which item do you wish to provide comments? Blackstone Creek Land Exchange What is your opinion of the item? I am NEITHER in favor or oppose the item. Would you like to speak at the meeting? No, I do not wish to speak at the meeting. I only want to submit my comments through this form. Comments I am writing to express my concern over the proposed land swap for the Blackstone Creek land. As a resident living on the course, I believe this project presents DRAFT Page 11 of 135 significant risks/concerns to our community. Flooding would be my main concern, I would ask that the village consider the impact rain has had on this area in the last 5-10 years, since I've lived here we've since the golf course flood at least 10 times. Safety, security and access to this area is also a concern. I don't feel the park could be accessed by car - so how would it be policed/monitored etc? The parking lot seems to be pretty far from any pavilion/volleyball courts specifically, and since that area is in my direct backyard, I'm worried how that will impact community/families in my area. While I appreciate how many different park/recreation ideas put forth on this proposal, and see the need for more facilities like this in Germantown, I would ask that the village respect the families in this neighborhood and try to make everyone as comfortable with the plan as possible. I also see there are other projects that need funding like fireman's park for similar activities that have already been started. My 3 kids have greatly benefitted from the parks & rec programs, and enhancing already existing facilities that bring in so much revenue for the village should be our first priority. I continue to have concerns about the schools handling more families with the same or less resources. There are already numerous housing developments planned or underway along Pilgrim and Mequon Roads. Adding even more apartments, condos, or townhomes at this time would place additional strain on our already limited community resources. Our schools are at capacity, and our Parks and Recreation Department continues to be underfunded and overextended. The Blackstone Golf Course is a beautiful and unique asset to Germantown — one that should be preserved and enhanced, not developed. I strongly urge the Village to consider maintaining and operating this property through the Parks and Recreation Department. Many surrounding communities take pride in supporting their park systems, and this could be an opportunity for Germantown to do the same. The existing clubhouse could serve as a Parks and Recreation facility, offering local jobs to students during the summer and promoting community engagement. At a minimum, the Village should consider maintaining the back nine holes of the course, particularly since much of that area lies within a floodplain. Given the extensive flooding we’ve witnessed over the past decade, it’s difficult to imagine any residential DRAFT Page 12 of 135 development thriving in those conditions. Please reconsider this proposal and explore options that preserve the natural beauty, recreation, and community value that Blackstone provides. Thank you for your time and consideration. Sincerely, Kari Wohlfeil Email not displaying correctly? View it in your browser. DRAFT Page 13 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Approve Contract for Ballfield Fencing (ACTION) SUBMITTED BY: SUMMARY EXPLANATION: ATTACHMENT: 1. Board Approval fencing project 2026 STAFF RECOMMENDATION: ACTION BY COMMITTEE: Page 14 of 135 Meeting Date: February 16th, 2026 To: Village Board From: Park and Recreation Director RE: Approval to contract Munson Fence Division _____________________________ Respectfully request that the Board approve allowing me to award the Kinderberg, and Haupt Strasse fencing contract to Munson Fence Division, Munson Inc. This contract will be paid out of Capitol Land/Park Improvements 40591000-592100 This contract will include Furnish and install baseball netting over the existing home plate area and back stop at Kinderberg Park. This will prevent baseballs being hit over the current backstop and flying into the park. The contract will also cover Haupt Strasse Park. Repairing the outfield fence. Pull and replace 23-line posts and 1 terminal post. This will repair the fencing at the ball field, and all post will be imbedded 36” deep in concrete for frost protection. Some areas of the fence have a one-to-two-foot gap between the fence and the ground. This will prevent small children climbing underneath the outfield fence as well as stopping balls from leaving the playing area. I received three bids to do this work. Munson Inc. bid $28,542, Northway Fence bid $29,170, and Century Fence bid $31,505. The bid Munson Inc. provided was also below the $30,000 budgeted for the project If I receive approval to proceed with Munson Inc. I will give them a contract so that work can be lined up this spring before the season begins. Thanks in advance, Gil Standridge Parks and Recreation Director Village of Germantown Page 15 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Intergovernmental Agreement with Washington County Related to a $750,000 forgivable loan to Flamingo Marine. (ACTION) SUBMITTED BY: Steve Kreklow, Administrator SUMMARY EXPLANATION: Village staff have been working with staff from Economic Development Washington County (EDWC) to assist Flamingo Marine to relocate and expand their operations to Germantown. Flamingo Marine is a high-tech start-up that manufactures recreational pontoon boats and will be leasing a building owned by Zilber Corporation in the Gateway Business Park. They will be investing $15 million in improvements to the existing facility and expect to employ 115 people with an average salary of $55,000 per year. The financing plan that EDWC has helped to assemble includes a ten-year $750,000 forgivable loan. Debt service on the loan would be paid by TID #8 for the first three years. If Flamingo Marine meets investment and job creation targets during that time period, the TID would pay the remainder of the debt service on the loan. Additional increment from the Flamingo Marine investment is expected to cover the debt service on the loan. This agreement does NOT extend the life of TID #8. In addition, the lease of space to Flamingo Marine, along with the recently announced expansion of MaySteel in Germantown, will fill most of the vacant space in Zilber owned building. This will accelerate the construction of the final Zilber building planned for TID #8. Revenue for TID #8 has increased dramatically in the past few years, as shown on the table below: Budget Year Increment 2026 $3,543,725 2025 $3,022,031 2024 $2,698,684 2023 $1,929,663 Recent TID #8 Annual Reports conservatively project TID #8 closure for 2032. Construction of the final Zilber building (which is planned to be 500,000 sq. ft.) could add an additional $750,000 in property tax revenue to the TID which would further accelerate closure. ATTACHMENT: 1. Flamingo_WhatMattersCoverSheet_2025-10-31 2. Flamingo_FactSheet_2025-10-31 3. Flamingo Marine IGA Page 16 of 135 STAFF RECOMMENDATION: A motion to approve the Intergovernmental Agreement with Washington County for a $750,000 forgivable loan to Flamingo Marine. ACTION BY COMMITTEE: Page 17 of 135 “WHAT MATTERS” TEST VISION Recognized by the taxpayers of Washington County as a highly prized reinvestment of sales tax dollars into a powerful growth engine empowering new business opportunity and prosperous lives countywide. MISSION Leverage new private sector investment to successfully accelerate business growth in Washington County, provide catalytic impact within communities and generate quality opportunities for workers. DESIRED OUTCOMES REPRESENTED IN THIS LOAN REQUEST COMPANY NAME(S) Jobs ☒ Create ☒ Upskill ☐ Retain Private Investment ☒ Equipment ☒ Real Estate ☐ Redevelopment Growth ☒ Expand Existing Businesses ☒ Attract New Businesses ☐ Transform Blight Wins ☒ Beat the Competition ☒ Close Deals ☒ Overcome Hurdles Net Public Benefits ☒ Produce New Tax Revenue ☒ Reduce Taxpayer Burden ☒ Fuel Prosperous Lives What Matters in this Request: • A high-tech marine manufacturing start-up returning to Germantown, rebuilding Wisconsin’s reputation in advanced boat propulsion. • Positions Washington County as a leader in innovation-driven, export-oriented manufacturing — over 90% of sales expected outside Wisconsin. • Reestablishes marine manufacturing employment in Germantown, leveraging the region’s skilled fabrication and electrical assembly workforce. • Catalytic use of existing industrial property, restoring advanced manufacturing activity to a previously underutilized building. • Represents a high-multiplier investment — drawing new dollars into the local economy through national and international sales. • A compelling reinvestment of public incentive resources to secure a company with strong growth potential, technical sophistication, and local ownership ties. • 115 new manufacturing and engineering positions average $32/hour — roughly 13% above Washington County’s overall manufacturing wage…workforce upskilling. Page 18 of 135 Page 19 of 135 INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE VILLAGE OF GERMANTOWN RELATING TO FLAMINGO MARINE, INC. IMPACT INCENTIVE LOAN AND TID #8 MUNICIPAL REVENUE OBLIGATION THIS AGREEMENT is entered into by and between Washington County, Wisconsin (hereinafter “COUNTY”) and the Village of Germantown, Wisconsin (hereinafter “VILLAGE”) and shall be effective as of the latest signature date set forth below. RECITALS A. Flamingo Marine, Inc., a Wisconsin corporation (formerly Flamingo Electric Inc.) (hereinafter “BORROWER”) is an advanced manufacturing start-up engaged in the design, engineering, and production of next- generation pontoon boats, propulsion systems, and related marine components. B. The BORROWER intends to acquire equipment and complete tenant improvements necessary to establish a new, purpose-built manufacturing facility within the VILLAGE (hereinafter the “PROJECT”). C. The PROJECT is anticipated to generate significant public benefits, including the creation of approximately 115 new family-sustaining full-time jobs over the next five years and an estimated $15 million of new private capital investment in the VILLAGE. D. The VILLAGE previously created Tax Incremental District No. 8 (hereinafter “TID #8”), which is currently generating tax increment revenue. E. The VILLAGE and COUNTY recognize that the PROJECT will promote economic development, reestablish marine manufacturing employment in Germantown, inject new dollars into the county economy through largely export-oriented products, and serve as a catalyst for additional private investment within and around TID #8, increasing the potential for accelerated closure of TID #8. F. The COUNTY has contracted with the Washington County Economic Development Corporation (hereinafter “EDWC”) to administer Washington County’s Impact Loan Fund Program and act on its behalf for the transactions contemplated by this Agreement and related matters. G. EDWC, on behalf of the COUNTY, has underwritten and the COUNTY has approved an Impact Loan Fund incentive commitment to the BORROWER in the form of a forgivable term note in the original principal amount of Page 20 of 135 $750,000 (hereinafter the “COUNTY NOTE”), subject to the execution of mutually acceptable loan documentation. H. The COUNTY NOTE will bear interest at a fixed rate of 4.00% per annum and will amortize over a term aligned with the remaining life of TID #8, with scheduled debt service commencing immediately upon closing. I. Notwithstanding the foregoing, during the initial three-year period following loan closing (the “PERFORMANCE PERIOD”), no principal or interest payments shall be required from the BORROWER, and all scheduled debt service will be paid exclusively from tax increment revenues generated by TID #8, as a Municipal Revenue Obligation payable to the COUNTY pursuant to this Agreement. J. Following the conclusion of the PERFORMANCE PERIOD, EDWC will assess the BORROWER’s performance relative to the key public benefits and determine the portion of the COUNTY NOTE eligible for forgiveness pursuant to the performance framework set forth in Exhibit B. K. Any portion of the COUNTY NOTE that is forgiven shall remain the obligation of TID #8 through its Municipal Revenue Obligation for the remainder of the amortization period. Any portion not forgiven (the “REMAINING PRINCIPAL BALANCE”) shall become the direct repayment obligation of the BORROWER and will amortize over a fixed ten (10) years. L. The parties agree that the PROJECT and the associated public benefits represent an important benefit to the public, and, therefore, entering into this Agreement to implement the repayment mechanism contemplated herein is appropriate and serves a public purpose. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and obligations herein set forth, and other good and valuable consideration, receipt or sufficiency of which is hereby acknowledged, it is mutually agreed between the PARTIES as follows: 1. Incorporation of Recitals The above recitals are incorporated into and made a part of this Agreement by this reference. To the extent that any recital conflicts with any paragraph below, the paragraph below shall control. 2. Conditions Precedent a. Effective Date; Conditions to Performance. This Agreement shall be effective upon execution by the COUNTY and the VILLAGE. Notwithstanding the foregoing, the obligations of the COUNTY and the Page 21 of 135 VILLAGE to perform under this Agreement (including, without limitation, the payment and administration mechanics contemplated herein) are expressly conditioned upon satisfaction of Sections 2.b. and 2.c.. b. Execution and Funding of COUNTY NOTE. The execution and delivery of final loan documentation (including the note, loan agreement, and any related security and servicing documents, collectively, the “LOAN DOCUMENTS”) evidencing the COUNTY NOTE between the COUNTY (acting through EDWC as its administrator) and the BORROWER, and the disbursement of funds pursuant thereto, shall be conditions precedent to the Parties’ obligations to perform under this Agreement. The parties acknowledge that the executed Term Sheet attached as Exhibit B summarizes the principal business terms of the COUNTY NOTE; provided, however, that the final LOAN DOCUMENTS shall control in the event of any conflict. c. Village Authorizing Resolution / MRO. The execution of this Agreement and the adoption of an authorizing resolution by the VILLAGE establishing TID #8’s Municipal Revenue Obligation payable to the COUNTY (as a project cost of TID #8) shall be conditions precedent to the Parties’ obligations to perform under this Agreement. 3. VILLAGE Obligations a. The VILLAGE will, as a Municipal Revenue Obligation (“MRO”) of TID #8, provide to the COUNTY funds from the tax increment received by the VILLAGE from TID #8 on or before March 1 and September 1 of each year (each, a “PAYMENT DATE”), in an amount sufficient to pay (i) during the PERFORMANCE PERIOD, the portion of scheduled debt service (principal and interest) that has come due under the COUNTY NOTE since the immediately preceding PAYMENT DATE (or, for the first PAYMENT DATE following closing, since the Closing Date), and (ii) thereafter, the scheduled debt service attributable to any portion of the COUNTY NOTE that is forgiven pursuant to the performance frameworkof the COUNTY NOTE (the “AMOUNT FORGIVEN”). The MRO generated by this cost-sharing arrangement shall be a project cost of TID #8. Payments on the MRO shall be payable only to the extent that the VILLAGE shall have received, as of such PAYMENT DATE, available tax increment generated by TID #8. For the purposes of this Agreement, “available tax increment” shall mean that portion of the annual increment certified annually by the Wisconsin Department of Revenue that is not otherwise committed in some fashion by the VILLAGE as of the effective date of this Agreement including, but not limited to, the repayment of General Obligation Debt issued for other project costs of TID #8 and MROs related to other developments or projects. The VILLAGE shall not commit additional tax increment funds to in any manner that materially impacts the ability of the available increment to make the required Page 22 of 135 payments under the MRO called for in this Agreement without written approval by EDWC. If there is insufficient available tax increment as of any PAYMENT DATE to pay the amount then due, the deficiency shall be deemed an “INCREMENT DEFICIENCY.” If on a later PAYMENT DATE there is available tax increment in excess of the amount then due, the VILLAGE shall pay the COUNTY additional funds to pay the oldest INCREMENT DEFICIENCY first, to the extent such amounts are available and until all INCREMENT DEFICIENCIES are cured. The scheduled debt service amounts shall be as set forth in the amortization schedule attached as Exhibit C (to be finalized and attached at closing). Following EDWC’s determination of the AMOUNT FORGIVEN at the end of the PERFORMANCE PERIOD, the MRO shall be reduced to reflect only the AMOUNT FORGIVEN, and the VILLAGE shall have no obligation under this Agreement to pay any portion of the REMAINING PRINCIPAL BALANCE that becomes the BORROWER’s direct repayment obligation. In the event that TID #8 reaches the end of its statutorily allowed life and the available tax increment is insufficient to pay the MRO obligation hereunder in full, the VILLAGE shall not be responsible to pay for any outstanding balance at the closure of TID #8. b. To satisfy in full the VILLAGE’s obligations under this Agreement with respect to the MRO, the VILLAGE shall have the right, at any time and from time to time, to prepay all or any portion of the outstanding balance of the MRO (the “MRO Prepayment Amount”). Any such prepayment shall be applied to amounts then due and owing under the MRO (including any unpaid INCREMENT DEFICIENCIES) and thereafter to reduce the outstanding balance of the MRO. c. The parties acknowledge that, as part of the final loan documentation and/or a separate acknowledgment to be executed by the BORROWER, the BORROWER shall be required, to the extent permitted by law, to covenant during and through the life of TID #8 not to appeal the assessed value of taxable property within TID #8 that is attributable to the PROJECT. 4. COUNTY Obligations a. Upon successful execution of final loan documentation for the COUNTY NOTE and the meeting of other requirements under this Agreement, the COUNTY will act to provide the BORROWER with an Impact Loan Fund incentive in the original principal amount of $750,000. As contemplated, the incentive will be provided to the BORROWER in a lump sum or controlled draw structure as set forth in the LOAN DOCUMENTS and will start as a term note bearing interest at 4.00% per annum with scheduled debt service commencing immediately upon closing. During the PERFORMANCE PERIOD, the BORROWER will not be required to make payments, and the scheduled debt service will be paid from TID #8 as an Page 23 of 135 MRO pursuant to this Agreement on the PAYMENT DATES described herein. Following the PERFORMANCE PERIOD, EDWC will determine performance and calculate any AMOUNT FORGIVEN based on the Shortfall Ratio (as defined in Exhibit B), with the AMOUNT FORGIVEN equal to the original principal amount multiplied by (1 – Shortfall Ratio). Any REMAINING PRINCIPAL BALANCE shall become the direct repayment obligation of the BORROWER and shall amortize over a fixed ten (10) years, all as more fully set forth in the LOAN DOCUMENTS (which shall control) and summarized in Exhibit B. In the event that the REMAINING PRINCIPAL BALANCE is higher than sum obtained by taking the original principal balance less the total of all principal payments made by VILLAGE under the TID #8 MRO obligation during the PERFORMANCE PERIOD, or in the event that BORROWER defaults under the terms of the LOAN DOCUMENTS, the VILLAGE shall have the right to repayment by BORROWER of any MRO payments made and may subrogate its claim in any action filed by COUNTY against BORROWER. b. The COUNTY acknowledges and agrees that the payment mechanics described in Sections 3.a and 3.b. shall govern the remittance, deficiency and prepayment process for the MRO. c. EDWC, on the COUNTY’S behalf, shall negotiate and prepare final loan documentation with the BORROWER in good faith and shall administer the COUNTY NOTE and performance assessment process consistent with the terms of Exhibit B. 5. Indemnification To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other party, and their respective elected officials, officers, employees, agents, and insurers from and against all claims, losses, damages, and expenses, including but not limited to attorneys’ fees (together, “Claim”) arising out of or resulting from or in connection with the performance of this Agreement, provided that the Claim is caused in whole or in part by the act or commission of the party against whom the Claim is asserted. Nothing contained within this Agreement is intended to be a waiver or estoppel of the Parties, or their insurer, to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statutes §§ 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, the City or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. 6. Other Provisions a. No Third-Party Beneficiary. This Agreement is intended to be solely between the parties. Nothing in this Agreement accords any third party Page 24 of 135 any legal or equitable rights whatsoever that may be enforced by any non- party to this Agreement. b. Construction. Pursuant to Wis. Stat., § 66.0301(2), this Agreement shall be interpreted liberally in favor of cooperative action between the parties. This Agreement shall not be deemed to have been drafted by any particular party so as to be interpreted strictly against such party. The parties hereby acknowledge that this Agreement imposes on each of them a duty of good faith and fair dealing. c. Amendment. This Agreement may be amended only by written agreement of all parties hereto. d. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. e. Binding Effect. This Agreement shall be binding upon the parties and their successors and assigns, including, without limitation, future appointed or elected Village and County officials and officers. f. Severability. If any provision of this Agreement is invalidated by a court of competent jurisdiction, the invalidation of that provision shall not affect the validity of any other provision. In the event of the invalidation of all or any specific provision of this Agreement, the parties shall promptly meet for the purpose of reforming the offending provision(s). g. Term. This Agreement shall be in effect as long as is necessary for the parties to perform all material obligations described herein. The parties agree to extend the term of this Agreement if required by any term limitation specified by applicable law. h. No Waiver. The failure of any party to this Agreement to enforce any obligation hereunder shall not be construed as a waiver of that party’s right to insist on performance of such obligation in the future. All waivers under this Agreement shall be made in writing. i. Approval/Authority. Each party hereby represents that this Agreement was duly authorized by its governing body on the date stated below in accordance with all applicable state and local laws, and that its governing body has caused its duly authorized officers to execute this Agreement on its behalf on the date stated after each signature below. j. Further Assurances. The parties agree that, from time to time hereafter, at the request of any party and without further consideration they will execute, acknowledge and deliver such other instruments as reasonably may be required to more effectively accomplish the intended purposes of Page 25 of 135 this Agreement or to otherwise carry out the terms and conditions of this Agreement. k. Loan Documentation. This Agreement and the LOAN DOCUMENTS for the COUNTY NOTE are intended to supplement and complement each other and shall, where possible, be thus interpreted. If any provision of this Agreement irreconcilably conflicts with a provision of the LOAN DOCUMENTS, the LOAN DOCUMENTS shall control as between the COUNTY and the BORROWER, and this Agreement shall control as between the COUNTY and the VILLAGE with respect to the MRO payment mechanics. l. ADR. The parties recognize that problems and disputes between them may occur and that it is preferable for them to reach an amicable resolution without the need to resort to litigation. In that regard, they each pledge to participate in good faith in voluntary and non-binding alternative dispute resolution (“ADR”) procedures mutually agreeable to the parties. However, if such disputes are not resolved by mediation or another ADR procedure as the parties may agree then such disputes shall be resolved by litigation in the Washington County, Wisconsin Circuit Court. m. Non-discrimination. The parties agree that the performance of this Agreement shall be in all material respects in compliance with all laws, rules, regulations and ordinances relating to discrimination. n. No Personal Liability. Under no circumstances shall any VILLAGE or COUNTY elected official, officer, employee, attorney or agent have any personal liability arising out of this Agreement, the COUNTY NOTE and the LOAN DOCUMENTS or any other agreement relating to the PROJECT and no party shall seek or claim any such personal liability. o. Reservation of Rights. Nothing contained in this Agreement is intended to or has the effect of releasing the VILLAGE, COUNTY, or BORROWER from compliance with all applicable laws, rules, regulations and ordinances relevant to the Project. p. Execution. This Agreement may be executed in counterparts, which together shall constitute a single contract. The parties agree that fully electronic signatures and records are acceptable under Chapter 137 of the Wisconsin Statutes, and the parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer-generated image of a signature shall be treated and have the same effect as an original signature, and shall have the same effect as an original signed copy of this Agreement and any amendments thereto.. q. Notices. All communications or notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given (i) upon delivery, if hand delivered, or (ii) three business days following Page 26 of 135 deposit in the United States mail, postage prepaid, or (iii) upon delivery following deposit with a nationally recognized overnight commercial carrier that will certify as to the date and time of delivery, airbill prepaid, and each such communication or notice shall be addressed as follows, unless and until any such party notifies the other in accordance with this paragraph of a change of address: If to the COUNTY: Washington County, Wisconsin Attn: Joshua Schoemann, County Executive 432 E. Washington Street, P.O. Box 1986 West Bend, WI 53095-7986 with a copy to: Brad Stern Washington County Attorney’s Office 432 E. Washington Street, P.O. Box 1986 West Bend, WI 53095-7986 If to the VILLAGE: Village of Germantown Attn: Village Administrator N112 W17001 Mequon Rd. PO Box 337 Germantown, WI 53022 With a copy to: Brian C. Sajdak Stafford Rosenbaum LLP 1200 N. Mayfair Road, Suite 430 Milwaukee, WI 53226-3282 With a courtesy copy to: EDWC Attn: Christian Tscheschlok, CEO 2200 Green Tree Road, Suite W112 West Bend, WI 53090 [Signature page follows.] Page 27 of 135 VILLAGE OF GERMANTOWN By: Village Board President Date Attest: Village Clerk Date WASHINGTON COUNTY By: County Executive Date [This area left blank intentionally.] Page 28 of 135 EXHIBIT A BORROWER ACKNOWLEDGMENT AND CONSENT This Borrower Acknowledgement and Consent (this “Acknowledgment”) is executed by Flamingo Marine Inc. (formerly Flamingo Electric Inc.), a Wisconsin corporation (the “Borrower”), as of ____________, 2026. Borrower hereby acknowledges and agrees as follows: 1. Acknowledgment of Intergovernmental Agreement. Borrower acknowledges that the Village of Germantown, Wisconsin (the “Village”) and Washington County, Wisconsin (the “County”) have entered into that certain Intergovernmental Agreement (the “IGA”) pursuant to which the Village will make payments to the County from Tax Increment District No. 8 (“TID #8”) in order to support the debt service on the County’s incentive note issued to Borrower (the “County Note”) during the Performance Period (as defined in the IGA) and thereafter with respect to any Amount Forgiven (as defined in the IGA). Borrower acknowledges that the IGA is a material component of the incentive structure contemplated by the County Note and related loan documents (collectively, the “Loan Documents”). 2. Consent to Information Sharing. Borrower consents to the exchange of information among the County, the Village, and the Washington County Economic Development Corporation (“EDWC”) as reasonably necessary to administer the IGA and the Loan Documents, including information regarding project status, investment, employment and other performance criteria, disbursements, and repayment/forgiveness calculations consistent with applicable law and the Loan Documents. 3. Cooperation and Reporting. Borrower shall timely provide such certifications, reports, and supporting documentation as EDWC, the County, or the Village may reasonably request to verify compliance with the performance framework and other requirements under the Loan Documents and to enable EDWC’s determination of any Amount Forgiven. Borrower acknowledges that failure to provide required information when due may constitute a default under the Loan Documents. 4. Covenant Not to Challenge Assessments. To the extent permitted by law, during the term of the IGA and until the earlier of (a) full payment and satisfaction of the County Note or (b) the closing/termination of TID #8, Borrower agrees that it will not, directly or indirectly, file, prosecute, support, or encourage any challenge, objection, or appeal to the assessed value of the real property comprising the project that is subject to the County Note and/or located within TID #8 (the “Project Property”), and will not authorize any agent, affiliate, successor, or transferee to do so, except for the correction of clerical or factual errors that do not seek a reduction in assessed value. Borrower further agrees to include a substantially similar covenant in any sale, assignment, or transfer of the Project Property during such period, to the extent permitted by law and consistent with the Loan Documents. Page 29 of 135 5. No Third-Party Beneficiary; Limited Purpose. Borrower understands that Borrower is not a party to the IGA and that this Acknowledgment is executed solely to evidence Borrower’s knowledge of, and consent to, the IGA and to confirm the covenants set forth herein. Nothing in the IGA or this Acknowledgment is intended to confer upon Borrower any rights or remedies against the County or the Village, except as expressly provided in the Loan Documents. 6. Miscellaneous. This Acknowledgment shall be binding upon Borrower and its successors and permitted assigns. This Acknowledgment may be executed in counterparts and delivered electronically, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Borrower has executed this Acknowledgment as of the date first written above. FLAMINGO MARINE INC. (formerly Flamingo Electric Inc.) By: _______________________________ Brian Davis, Co-CEO Date Page 30 of 135 EXHIBIT B EXECUTED TERM SHEET (SUMMARY OF PRINCIPAL TERMS) --Attached-- Page 31 of 135 EXHIBIT C COUNTY NOTE AMORTIZATION SCHEDULE --Attached-- Page 32 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Premier Real Estate Management, LLC, Agent for Victory Place, LLC, Property Owner. Ordinance for Rezoning approximately 7 acres from the I: Institutional Zoning District to the Rm-2: Multiple- Family Residential Zoning District for a 48-unit multi-family residential development located on Fond du Lac Avenue and Crimson Road (approximately W140 N9889 Fond du Lac Avenue) in the Victory Center Corridor. (ACTION) SUBMITTED BY: Jeff Retzlaff, Community Dev. Director SUMMARY EXPLANATION: Premier Real Estate Management LLC (PRE/3) requests rezoning of a 7-acre parcel from the I: Institutional Zoning District to the Rm-2: Multi-Family Residential District to construct a 48-unit attached residential community. The development would consist of four two-story buildings (12 units each) at a density of 6.9 units per acre. Units are proposed as 2-bedroom, 2-bath residences (1,050–1,150 sq. ft.) with private entries, patios or balconies, and one-car attached garages. The site plan provides 148 parking spaces (3 spaces per unit including garage, driveway, and guest parking), landscaped buffers and beaming around the perimeter, a stormwater pond, and a central amenity area that is part of approximately 56% of total open space. Emergency access to Crimson Road and a cross-access easement for future southern development are proposed. The developer has also agreed to provide a pedestrian path across the southern property line from Amber Drive (west) to Fond du Lac Ave. The property lies within the “Victory Center Corridor,” where mixed-use and medium density, multi-family residential development are acceptable. The proposed "Town 9 Apartments" proposal density falls within the corridor’s multi-family limit of 10 units per acre and is lower in both density and unit count than a prior 66-unit proposal. Staff indicates that the parcel’s size, adjacent residential land use and density, topography, and proximity to existing neighborhoods make residential use more appropriate for this 7-ac parcel than commercial development. The proposal is consistent with the 2050 Comprehensive Plan goals by expanding housing diversity and meeting documented demand for rental housing targeting upper middle-income households earning up to $75,000–$150,000 annually. Estimated rents begin around $2,100 per month. The development would modestly adjust the Village’s housing mix while maintaining a strong majority of single-family homes (75% SF to 74.6% MF). Financially, the project is projected to generate approximately $108,300 in total annual property taxes ($36,300 to the Village) and about $412,200 in one-time impact fees for the Village. Student enrollment impacts are minimal, with an estimated five school-aged Page 33 of 135 children projected, consistent with and already taken into account by the 2025 MD Roffers School Enrollment Projection Report. The proposal is contingent on vacating the Crimson Road right-of-way and not extending the roadway. Staff supports eliminating the extension, provided pedestrian connectivity is maintained (agreed to by the developer). Final site development, building, engineering plans, a traffic impact analysis, development agreement, and a certified survey (CSM) approval by the Plan Commission and Village Board will be required prior to commencement of construction. The public hearing opened at 7:08 p.m. Residents Jo Landry, Todd Steiner, and Kim Glasshof spoke in opposition. Concerns included increased traffic, crime, noise, potential declines in property values, and objections to rental housing, with preferences expressed for owner-occupied homes. The hearing closed at 7:20 p.m. ATTACHMENT: 1. 04-2026 Amend the Official Zoning Map (Premier Real Estate Management- Victory Place) 2. STAFF REPORT-Pre-3 Rm-2 Rezoning-2-9-26 3. PC Meeting Minutes 2-9-26 4. 1-APPLICATION 5. 2-PROJECT NARRATIVE 6. 3-SITE PLAN 7. 4-BLDG RENDERING 8. 5-BLDG ELEVATION 9. 6-FLOOR PLAN 10. 7-PH NOTICE 11. 8-SURVEY EXHIBIT 12. 9-12-9-2024 PC MTG MINS-Prevously Withdrawn Sunstarr Proposal 13. Village Engineer Review Memo-1-6-26 14. PRE3 Project Flyer-2-9-26 PC Meeting Handout 15. Pre-3-Town 9 Apartment Proposal-Applicant Presentation Slides STAFF RECOMMENDATION: STAFF RECOMMENDATION: APPROVE the request to rezone the 7-acre Victory Place LLC property from the I: Institutional to the Rm-2: Multi-Family Residential Zoning District for purposes of developing a 48-unit multi-family residential community subject to five (5) conditions [see February 9, 2026, Staff Report & Recommendation] ACTION BY COMMITTEE: Motion to APPROVE and seconded as recommended by Staff: William Shadid and Josh Tarantino Votes in FAVOR: Robert Warren, Robert Williams, Josh Tarantino Votes AGAINST: William Shadid, Russell Ewert Page 34 of 135 Abstain: None Motion Passed (Yes 3, No 2, Abstained 0) Page 35 of 135 STATE OF WISCONSIN VILLAGE OF GERMANTOWN WASHINGTON COUNTY ORDINANCE NO. 04-2026 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE VILLAGE OF GERMANTOWN ZONING CODE WHEREAS, the Village of Germantown has adopted a Zoning Code under the authority granted by Wis. Stats. 61.35 and 62.23(7); and WHEREAS, the Plan Commission held a public hearing on February 9, 2026, to consider the petition by Premier Real Estate Management LLC, agent for Victory Place LLC, owner of an approximately 7-acre property located at W140 N9895 Fond du Lac Avenue, proposing to rezone the property from the I: Institutional Zoning District to the Rm-2: Multi-Family Residential Zoning District and found the request to be consistent with the Village’s 2050 Comprehensive Plan; and WHEREAS, the Plan Commission forwarded a recommendation to approve the proposed rezoning to the Village Board to be considered at the Board meeting on March 2, 2026; NOW, THEREFORE, the Village Board of the Village of Germantown, Wisconsin, do ordain as follows: SECTION I That the zoning map of the Village of Germantown is amended by rezoning from the I: Institutional Zoning District to the Rm-2: Multi-Family Residential Zoning District the following described property: Property Description : 6.98 acres located on Fond du Lac Avenue and Crimson Road including Tax Parcels GTNV_354963 and GTNV_354978 BEING ALL OF LOT 3, A PART OF OUTLOT 1, AND A PLATTED RIGHT-OF-WAY OF "CRIMSON ROAD" ALL ON CERTIFIED SURVEY MAP NUMBER 5268, LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWN 9 NORTH, RANGE 20 EAST, VILLAGE OF GERMANTOWN, COUNTY OF WASHINGTON, STATE OF WISCONSIN, NOW BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: Page 36 of 135 ORDINANCE NO. 04-2026 Page 2 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1 /4 SECTION, THENCE SOUTH 01°25'41" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 SECTION, 529.00 FEET TO A POINT; THENCE SOUTH 88°20'13" WEST 60.00 FEET THE NORTHEAST CORNER OF LOT 3 OF SAID CERTIFIED SURVEY MAP NUMBER 5268 AND THE WEST RIGHT-OF- WAY OF "FOND DU LAC AVENUE (STATE HIGHWAY "145")" AND THE PLACE OF BEGINNING OF LANDS HEREINAFTER DESCRIBED; THENCE SOUTH 01°25'41" EAST ALONG SAID WEST LINE, 582.10 FEET TO A POINT; THENCE SOUTH 88°20'13" WEST 522.50 FEET TO A POINT ON THE EAST LINE OF "AUTUMN RIDGE" A SUBDIVISION OF RECORD; THENCE NORTH 01°25'41" WEST ALONG SAID EAST LINE, 582.10 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3; THENCE NORTH 88°20'13" EAST ALONG SAID NORTH LINE, 522.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 304,146 SQUARE FEET (OR 6.9822 ACRES) OF LAND, MORE OR LESS. SECTION II The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. SECTION III All ordinances or parts of ordinances contravening the terms of this ordinance are hereby to that extent repealed. SECTION IV This ordinance shall take effect and be in full force upon its passage and the day after its publication. Adopted: March 2, 2026 __________________________________ Robert A. Soderberg, Village President ATTEST: __________________________________ Donna Ott, Village Clerk Approved as to form: ___________________________ Brian C. Sajdak, Village Attorney Published: Page 37 of 135 REZONING APPLICATION 2/9/26 Plan Commission Meeting Premier Real Estate Management LLC / Victory Place LLC Village Staff Report & Recommendation Germantown, Wisconsin Summary Premier Real Estate Management LLC, agent for Victory Place LLC, property owner, is requesting approval to rezone 6.99 acres from the I: Institutional to the Rm-2: Multi- Family Residential Zoning District to develop a 48-unit multi-family residential community on a 7-acre parcel on Fond du Lac Ave in the “Victory Center Corridor”. Location: Fond du Lac Ave ¾ mile south of Donges Bay Road Applicant/ Owner: Emily McFarland Victory Place LLC Premier Real Estate LLC 840 S Main St Brookfield, WI 53045 Fond du Lac, WI 54935 ----------------------------------------------------------------------------------------------------------- Current Zoning: I: Institutional Proposed Zoning: Rm-2: Multi-Family Residential (up to 8 DU/acre) Adjacent Land Uses Zoning North Residential Rm-1 PDD South Residential Rs-1 East Residential/Agricultural Rs-1/A-2 West Residential (Autumn Ridge Subdivision) Rd-2 Location Map Page 38 of 135 Rezoning Premier Real Estate Management LLC Page 2 of 10 Background This parcel was created in 2000 and rezoned into the I: Institutional Zoning District in anticipation of a new Christian Life Center church development. Christian Life Center Inc. received site development and building plan approval for a new church & school facility in 2003. The proposed development of this 6.99-acre parcel was supposed to include a 39,700 sqft church, Sunday school, daycare and gymnasium with associated on-site parking and storm water facilities. Development was planned to occur in two (2) phases with Phase 1 consisting of a 17,380 sqft church, parking, on-site storm water management facilities, and an extension of Crimson Road from the Autumn Ridge Subdivision easterly to Fond du Lac Avenue. At that time, right-of-way for the extension of Crimson Road to Fond du Lac Avenue was dedicated and a development agreement with the Village was made that assigned responsibility for constructing the Crimson Road extension to Christian Life Center Inc. However, after years of no development activity, in 2008 Christian Life Center Inc. requested that the Village terminate their development agreement and withdrew their development plans. In June of 2024, SunStarr Real Estate Ventures LLC, agent for Victory Place LLC, property owner, presented a concept plan to the Plan Commission for a potential 68-unit multi-family residential development proposal to be called “Victory Place”. At that time, the PC and staff expressed concerns with the building layout, traffic circulation within the development, single access into the development, and landscape buffering along the west property line from Autumn Ridge. After making some revisions to the plan to address Plan Commission concerns (reoriented the buildings and reduced from 68 to 66 dwelling units), SunStarr submitted a rezoning application (to Rm-3: Multi-Family) that was subject of a public hearing before the Plan Commission in December 2024. At that time, the Plan Commission requested further revisions, including fewer units/lower density before adopting a recommendation that the Rm-3 rezoning be denied. SunStarr withdrew the application at that time with the intention of submitting a revised plan prior to final action by the Village Board (see 12-9-24 PC meeting minuets attached). Proposal At this time, Premier Real Estate Management LLC, a.k.a. “PRE/3”, is requesting approval to rezone the 6.99-acre parcel from the I: Institutional to the Rm-2: Multi-Family Residential Zoning District to develop a single-family attached residential community with the following characteristics (see proposed Site Plan dated 12-16-2025 and building renderings): • Forty-eight (48) total dwelling units in (4) two-story buildings (12 DU per building) • 6.9 DU/acre density • 2-bed/2 bath units w/ private patios or balconies • 1,050 to 1,150 sqft per unit each w/ private entry & 1-car attached garage • (148) total parking stalls – 3 stalls per unit 48 1-car garage stalls + 48 1-car driveway stalls + 52 surface stalls for guests) • Wood-frame const w/ vinyl shake & horizontal siding, brick veneer wainscoting & architectural shingles • Landscaping & berming around site perimeter • On-site storm water management pond • Center “amenity area” (non-specific amenities) Page 39 of 135 Rezoning Premier Real Estate Management LLC Page 3 of 10 • 3.9 acres (56%) of “open space” • Emergency access road to Crimson Road w/ gate (proposed) • Cross-access easement @ FDL driveway entrance for possible access to future development on 4.8-ac parcel to south As discussed previously, the proposal is contingent on eliminating the Crimson Road extension and vacating the existing 60’ wide right-of-way that extends through the property owned by Victory Place LLC along the southern portion of the property. Disposition of the Crimson Road right-of-way to the west through the Autumn Ridge neighborhood will be determined at the time a certified survey map (CSM) needed for this development is reviewed and approved by the Village. Staff Comments: Planning & Zoning Land Use The property is located in the “Victory Center Corridor” under the 2050 Plan. The “Victory Center Corridor” is intended to further develop as a mixed-use area with commercial, mixed-use commercial, institutional, and residential development. With respect to residential, development can be in both a traditional or conservation design pattern with single-family densities ranging from 2.2 to 2.9 DU/acre on 15-20,000 sqft lots; two and four-family densities up to 6 DU/acre; and multi-family densities up to 10 DU/acre. The PRE/3 proposal includes a total of 48 dwelling units and a density of 6.9 DU/acre that are both consistent with the parameters for residential development allowed in the “Victory Center Corridor”. Although commercial land use is the only “desirable” land use intended within the Corridor, “acceptable” land uses include all types of residential uses including those proposed in the PRE/3 plan. By comparison to the previous SunStarr “Victory Place” proposal, the PRE/3 proposal has significantly fewer units (48 vs. 66) and a lower density (6.9 vs. 9.5 DU/acre). Staff believes this property is better suited for residential (vs. commercial) development as an allowable use in the “Victory Center Corridor”. The property abuts existing single- family residential development to the west. The Autumn Ridge neighborhood is zoned Rd-2: One & Two-Family Residential that allows both single-family and two-family dwellings. To the north, the Seven Pines multi-family condominiums are zoned Rm-1: Multi-Family Residential that allows multi-family dwellings at a density up to 6 DU/acre. An existing single-family home on a 4.5-acre parcel lies to the south and is currently zoned Rs-1: Single-Family that allows 1 DU/5 acres. Density The maximum density for multi-family residential development allowed in the “Victory Center Corridor” is 10 units/acre, regardless if it is for-sale condominiums, rental apartments, or any other multi-unit building types providing rental or ownership units. Staff’s vision for future residential development in the “Victory Center Corridor” as well as other corridors and districts in the Village is one where the type of dwelling units and buildings will vary within the corridor or district and not necessarily be all of one type or Page 40 of 135 Rezoning Premier Real Estate Management LLC Page 4 of 10 density (unlike the existing residential “neighborhoods” designated in the 2050 Plan). Other than the 65-acre Frenz Trust property to the north, most if not all the remaining developable or potentially re-developable parcels in the “Victory Center Corridor” are under 10 acres in size with many in the 5-to-10-acre range... including this property. In order to foster and encourage infill development and re-development of previously subdivided parcels that have challenging characteristics or land use compatibility concerns that may have hindered development in the past, Staff believes that the Village should allow development with a higher residential density on these 5-10-acre parcels. A good example of this is the recently approved 4-unit townhouse development by Virtus Development (Greg Nagel) as part of the Kuhburg PDD that includes the former Kuhburg Junction tavern and new Kaffeehaus coffee shop. If not for the higher density (6 DU/ac) and flexibility created through the “planned development district” (PDD) zoning requirements created specifically for that area, it is unlikely that the old, dilapidated school house and bar would have been re-developed in the manner and timeframe that it has (the coffeehouse is complete, the restaurant has been permitted and financing now available, and the 4-unit townhouse project hopefully starting soon). Like the properties in the Kuhburg PDD, the size and proximity of the PRE/3 Victory Place LLC property along Fond du Lac Avenue is not conducive to single-family uses at the same density as the residential neighborhoods to the west and beyond Fond du Lac Ave/STH145. Moreover, this property is situated relatively close to and topographically higher than the Waste Management facilities located east of Fond du Lac Ave/STH 145. It’s size, relative location, and (as will be discussed later) the public right-of-way that bisects the property, are challenging characteristics that have impeded development. Therefore, it is reasonable to assume that this and other parcels like it can benefit from the Village allowing higher density AND provide dwelling unit types that serve market demand and that are economically feasible. In Staff’s opinion, a higher density allowance for multi-family development for this property is warranted. Residential Housing & Market Demand The PRE/3 proposal also meets many of the objectives contained within the Housing element under the Implementation section of the Village’s 2050 Comprehensive Plan. The 2050 Plan maintains the following “Developing a diversity of housing choices is also an important part of community resiliency, allowing residents of all ages to grow up and stay in the community through all life’s stages and encouraging inter-generational interaction and support. Diverse housing choices are also important for Germantown’s economic development, allowing the workers that earn their livelihood in Germantown the opportunity to live in the Village as well. Finally, a diverse housing stock can help ensure that living in Germantown is accessible to residents of various income levels and family sizes.” The development not only meets this goal/objective laid out in the 2050 Plan, but it also provides for a needed housing product in the Village as specified in the Residential Market Analysis prepared by Tracy Cross & Associates, Inc., dated February 9, 2024. Page 41 of 135 Rezoning Premier Real Estate Management LLC Page 5 of 10 The PRE/3 proposal is consistent with and intended to satisfy an existing market demand for new rental housing in the Village’s target household annual income range of $50k-$150k as identified in the Tracy Cross report. PRE/3 indicates that the rental price for these 2-story, 2-bed/2-bath rental units w/ private entrance and attached garage will be $2100/month and higher. Single-Family vs. Multi-Family Housing Ratio In 2025, staff was directed to keep track of the Village’s ratio of multi-to-single-family housing units. Using January 1, 2024, estimates as a baseline, the table below presents the effect of the proposed PRE/3 development on the number and ratio of single-family vs. multi-family housing units in the Village (middle table). The cumulative effect of the PRE/3 proposed development plus all residential development approved since Jan 1, 2024, is also shown below (lower table). Baseline (Jan 1, 2024) Total Units Single- Family Units Multi-Family Units Single-Family to Multi- Family Ratio Housing Units 8,619 6,464 2,155 % SF Units % MF Units 75.0% 25.0% PRE/3 Total Units Single- Family Units Multi-Family Units Single-Family to Multi- Family Ratio SF Units: 0 8,667 6,464 2,203 % SF Units % MF Units MF Units: 48 74.6% 25.4% Cumulative (Jan 1, 2024 to Feb 1, 2026) Total Units Single- Family Units Multi-Family Units Single-Family to Multi- Family Ratio SF Units: 169 8,974 6,633 2,341 % SF Units % MF Units MF Units: 186 73.9% 26.1% Residential Development Included in Cumulative Total: Sutton Farm- Home Path Financial; 2025 Carillon- Cirrus Development Corp.; 2025 Victory Place-PRE/3; proposed 2026 Financial Impact As summarized in the table below, the PRE/3 multi-family development is expected to generate approximately $36,300 in annual property tax revenue for the Village of Germantown (only); $54,300 for the Germantown School District; and a total of $108,300 annual property tax revenue for all taxing jurisdictions (including MATC and Washington County): Page 42 of 135 Rezoning Premier Real Estate Management LLC Page 6 of 10 As summarized in the table below, the PRE/3 multi-family development is expected to generate approximately $412,200 in one-time impact fee revenue for the Village of Germantown: School District Student Enrollment Impact The proposed PRE/3 development is located within Germantown School District (GSD) Attendance Area #58 which feeds the County Line Elementary School. Based on a student generation rate of 0.11 students/new multi-family unit recommended in the MD Roffers Community Growth & Students Enrollment Projection Report (dated June 2, 2025, the 48-unit development would generate a total of approximately five (5) school- aged children (4K-Grade 12 students). According to the MD Roffers Report, a total of 84 new family dwelling units (duplex and multi-family) are included in the assumed growth projections for Attendance Area #58 by 2027 with 64 new multi-family units assumed to develop on the PRE/3 7-acre property (higher than the 48 proposed units). The MD Roffers report also assumes an additional 20 duplex units will develop on the 5-acre parcel to the south in the 2035- 2040 time period. Since there has been no new residential units, single or multi-family, approved or constructed within Attendance Area #58 since the MD Roffers Report was published in June 2025, the 48 multi-family units proposed by PRE/3 for this property have already been taken into account in the student enrollment projections and school capacity impacts presented in the MD Roffers report. Housing Type Units Projected Value (unit) Estimated Total Value Estimated 2026 Property Taxes (Village Germantown) Estimated 2026 Property Taxes (Germantown School Dist) Estimated 2026 Property Taxes (ALL Taxing Jurisdictions) Multi-Family 48 165,000$ 7,920,000$ 36,416$ 54,276$ 108,338$ Total 48 7,920,000$ 36,416$ 54,276$ 108,338$ Impact Fee Type Units 2026 Fee Total Water C onnection 48 1,003$ 48,144$ Sewer C onnection 48 5,244$ 251,712$ Police Protection 48 148$ 7,104$ Park & Recreation 48 1,311$ 62,928$ Library 48 711$ 34,128$ Fire Protection 48 171$ 8,208$ Total 412,224$ Page 43 of 135 Rezoning Premier Real Estate Management LLC Page 7 of 10 Crimson Road Right-of-Way As has been the case with previous development proposals, PRE/3 has indicated that if they are required to complete Crimson Road from Amber Drive to Fond du Lac Ave/STH145, the project will not be economically nor logistically feasible. PRE/3 has indicated a willingness to provide some sort of emergency vehicle only access from the existing Crimson Road segment that abuts the development property in the southwest corner. Although a previous owner, Christian Life Center Inc., originally agreed to dedicate the right-of-way for and construct the remaining segment of Crimson Road as part of their original church and school campus proposal, subsequent developers that have discussed this property with staff and consulted with the Plan Commission have all indicated that the cost of road construction and location of the right-of-way are/would be significant impediments to development of this 7-ac parcel. When the SunStarr Victory Place multi-family proposal was discussed in 2024, residents from the Autumn Ridge subdivision expressed opposition to extending Crimson Road. The basic argument from the Autumn Ridge neighborhood was and likely will continue to be: this built out neighborhood has functioned just fine without the Crimson Road connection for 25+ years. No inconvenience or safety issues, no school bus issues, no delivery truck issues. So, why build it now? In past discussions with the Plan Commission on this topic, it was stated that the Department of Public Works, Fire Department, and Police Department did NOT support eliminating the Crimson Road extension to Fond du Lac Avenue. That position has since changed. Village staff in all three departments agree that, although the connection from Amber Drive to Fond du Lac Avenue/STH145 would provide improved traffic circulation, quicker and more convenient emergency vehicle access to the Autumn Ridge subdivision, the Crimson Road extension is not a critically important segment in the overall street system nor is it a high priority road improvement. With that said, while vehicle access may no longer be as important, the Department of Public Works is concerned with pedestrian accessibility and the opportunity potential lost if Crimson Road is not extended. Consequently, the DPW and Village Engineer are recommending that, if the Plan Commission and Village Board agree to vacating the right-of-way for the extension of Crimson Road, provisions be made to extend pedestrian access across/through the development to Fond du Lac Avenue. It was suggested by a representative for the Village’s Park & Recreation Commission back in 2024 that a pedestrian/bicycle path be installed along the southern property line starting at the existing Crimson Road segment west of the PRE/3 property and then across or through the new development property to Fond du Lac Avenue. While not shown on the proposed concept plan, PRE/3 has indicated a willingness to discuss the possibility of providing/accommodating a pedestrian path across the south side of the property. Page 44 of 135 Rezoning Premier Real Estate Management LLC Page 8 of 10 The Plan Commission should discuss the Crimson Road extension and make its own recommendation regarding the connection to Fond du Lac Ave/STH145. At this time, Village staff recommends that Crimson Road NOT be extended with the stipulations from the Department of Public Works (above). Finally, it should be noted that the proposed concept plan submitted by PRE/3 as part of the rezoning application (dated December 16, 2025) is conceptual and depicts the likely location/orientation of buildings, access & internal circulation, storm water management, landscaping, etc. If the rezoning is approved, detailed Site Development & Building Plans will need to be prepared and submitted to the Plan Commission for final review and approval. Other Staff Comments 1. A detailed set of Site Development & Building plans will need to be submitted and reviewed/approved by the Plan Commission pursuant to Section 17.43 of the Zoning Code. Said plans to include storm water management, landscaping, signage & lighting, water & sewer utilities, road & intersection construction; 2. Fond du Lac Avenue/STH 145 is under WisDOT access jurisdiction and a traffic impact analysis (TIA) study will be required to assess potential traffic impact and potential intersection improvements. Said TIA to be prepared and submitted prior to or concurrent with Village Site Development & Building Plan review; 3. Certified Survey Map (CSM) #5268 created the two parcels that comprise the subject property and existing Crimson Road right-of-way. The CSM also establishes a 50’ highway building setback line from Fond du Lac Ave/STH145; 4. A certified survey map (CSM) is required to combine the two parcels that comprise the Victory Place LLC property (GTNV 354-978 & 354-963) and, if agreed to by the Village, memorialize vacating the Crimson Road right-of-way through and adjacent to the property. Said CSM shall be submitted for Village approval prior to or concurrent with Site Development & Building Plan approval. 5. If Crimson Road is not extended and the right-of-way through the subject parcel is vacated, an easement for the existing water and sewer utilities that Crimson Road dead end that abuts the subject property in the southwest corner will have to be created; 6. Subject to detail plans submitted as part of the Site Development & Building plans, the sanitary sewer connection for the development will have to be made to the existing sewer in the Crimson Road dead end at Amber Drive or by way of extending a collector from the Seven Pines development to the north. Connection to the 35+ feet deep interceptor sewer in the Fond du Lac Ave/STH145 right-of- way would require an outside drop and is discouraged; 7. Watermain will need to be installed through the development and connect to the existing services that are also located in the existing Crimson Road dead end (southwest) to complete a loop and provide a “betterment of service” benefit for the Village. Page 45 of 135 Rezoning Premier Real Estate Management LLC Page 9 of 10 Staff Comments: Village Engineer & Public Works In a review memo dated January 6, 2026, the Village Engineer identifies a series of issues and requirements that will need to be addressed and/or provided in the detailed site development & building plans. The memo contains a number of detailed specifications for water and sewer facility connections that more appropriate for addressing during the site development & building plan review stage of the review process, but are provided now to the developer to guide preparation of the required detailed plans. APPROVE the request to rezone the 7-acre Victory Place LLC property from the I: Institutional to the Rm-3: Multi-Family Residential Zoning District for purposes of developing a 48-unit multi-family residential community subject to the following conditions: 1. The final arrangement of buildings, parking, access & internal circulation, storm water management facilities, public & private utilities, landscaping & lighting, sidewalks, pedestrian paths and other amenities, the final number, density, and type of buildings and dwelling units, building architecture and materials, emergency vehicle access, and all other features of the development will be determined through the site development & building plan review and approval process. Detailed site development & building plans shall be submitted for review and approval by the Plan Commission pursuant to Section 17.43 of the Zoning Code prior to the issuance of any permits authorizing construction. Said plans shall be generally consistent with the Proposed Site Plan dated December 16, 2025, and conceptual elevations and renderings submitted in the rezoning application in terms of the number and layout of buildings and dwelling units, architecture and materials, access intersection and internal street layout. 2. A certified survey map (CSM) is required to combine the two parcels that comprise the Victory Place LLC property (GTNV 354-978 & 354-963) and memorialize the right-of-way vacation of Crimson Road through and adjacent to the property. Said CSM shall be submitted for Village approval prior to or concurrent with Site Development & Building Plan approval. 3. If the Village does not require the developer to construct the Crimson Road extension to Fond du Lac Ave/STH145 and agrees to vacate the Crimson Road right-of-way through the property, the developer shall: a. work cooperatively with the Village and pay all cost associated with said right-of-way vacation; b. accommodate any/all utility connections deemed necessary by the Village to/from the existing segment of Crimson Road; c. provide an emergency access to/from the existing Crimson Road at the southwest corner of the property if deemed necessary by the Village as part of the site development & building plan approval process. The VILLAGE STAFF RECOMMENDATION Page 46 of 135 Rezoning Premier Real Estate Management LLC Page 10 of 10 design of said emergency access to be reviewed and approved by the Village Engineer in cooperation with the Village Fire Department; d. include in the detailed site development plans a pedestrian/bicycle path to be installed along the southern property line starting at the existing Crimson Road segment west of the PRE/3 property and then across and through the multi-family development to connect to the required sidewalk along the west side of Fond du Lac Avenue. The design of said pedestrian/bicycle path to be reviewed and approved by the Village Engineer in cooperation with the Village Parks & Recreation Department; 4. As deemed necessary through the site development & building plan approval process, the developer will be required to enter into a Development Agreement with the Village pursuant to section 17.43 of the Zoning Code to address the responsibility for and timing of public and private improvements, including but not limited to the installation of water & sewer utilities, landscaping and street trees, storm water management facilities, roadway & intersection improvements, pedestrian path & sidewalk, and any other provision(s) deemed necessary by the Village. Unless otherwise provided for in the Development Agreement, all development shall meet and comply with all applicable Village Code requirements and design standards for public improvements, including the construction of sidewalk adjacent to and the full length of property frontage along Fond du Lac Avenue. 5. Fond du Lac Avenue/STH 145 is under WisDOT access jurisdiction. A traffic impact analysis (TIA) shall be prepared to assess potential traffic impact on the abutting street system and the potential need for intersection improvements on Fond du Lac Ave/STH145. Said TIA to be prepared and submitted prior to or concurrent with Village Site Development & Building Plan review. NOTE: If the Plan Commission forwards a positive recommendation to the Village Board in favor of rezoning the property as requested, the Plan Commission should also provide any additional feedback and direction it feels is necessary to guide the developer with preparation of the detailed site development & building plans and other aspects of the proposed development, e.g., architecture & exterior materials, buffering & landscaping, type, amenities, etc. Page 47 of 135 MEETING: REGULAR MEETING OF THE PLAN COMMISSION DATE AND TIME: Monday, February 9, 2026 6:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. II. ROLL CALL: Committee Members Warren, Shadid, Tarantino, Williams and Ewert were all present. Committee Members Soderberg and Henk were absent excused. Also present were Community Development Director Retzlaff, Associate Planner Yanke and Administrative Coordinator Remich (both via Webex). Motion: Appoint Trustee Warren as Chairman Pro Tem Motioned By: William Shadid Seconded By: Josh Tarantino Yes: Robert Warren, William Shadid, Robert Williams, Josh Tarantino, Russell Ewert No: None Abstain: None Motion Passed (Yes 5, No 0, Abstained 0) III. CITIZEN INPUT/PUBLIC APPEARANCE: (Please be advised per 19.84(2) that information and comment will be received from the public. It is the policy of this municipality that public input be limited to a four (4) minute period per person with a time extension granted at the discretion of the Chairperson. Be advised that there may be limited discussion of the information received but no action will be taken under public comments.) Comments that may be injurious to village personnel or other individuals will not be allowed. Citizens that spoke included: Melanie Smythe who lives on Cedar Lane. Sarah Larson who lives on Butternut Road. IV. MEETING MINUTES: A. PC Minutes 1-12-26 Motion: Approve as presented Motioned By: William Shadid Seconded By: Josh Tarantino Yes: Robert Warren, William Shadid, Robert Williams, Josh Tarantino, Russell Ewert No: None Abstain: None Motion Passed (Yes 5, No 0, Abstained 0) Page 48 of 135 Page 2 V. NEW BUSINESS: A. Premier Real Estate Management, LLC, Agent for Victory Place, LLC, Property Owner. Application for Rezoning 6.87 acres from the I: Institutional Zoning District to the Rm-2: Multiple-Family Residential Zoning District for a 48-unit multi-family residential development located on Fond du Lac Avenue and Crimson Road (approximately W140 N9889 Fond du Lac Avenue) in the Victory Center Corridor. (PUBLIC HEARING & ACTION) Director Retzlaff reviewed the history of multifamily proposals that have been brought to the Plan Commission for this location, with the last one being in 2024 which was denied due to the density. Retzlaff gave a brief summary of the current proposal and stated that this plan is consistent with the 2050 plan for the Victory Center Corridor and is an acceptable use. Retzlaff introduced Emily McFarland and Josh Kenitzer from PRE/3 Development. McFarland went over the background of PRE/3 and gave a review of their proposal and layout, which included four, 12-unit buildings totaling 48 homes each with 2-bedrooms and bathrooms, an attached garage with an onsite management office. The entrance to the development will be off Fond du Lac Avenue. Their goal is to begin construction in 2026 with home rentals to begin by the Fall of 2027. The density of the proposed project is in the 6.8/acre range, which is lower than the allowed density. Retzlaff went over the Village's housing ratio, financial and school district impacts and the potential for a bicycle/walking path through the development. He also stated that the Crimson Road extension if not critical to the local road system and could be abandoned. Chairman Warren opened the Public Hearing at 7:08pm. Residents that spoke included: Jo Landry who lives on Knollcrest Circle was against the proposal due to the increased traffic, crime, noise and thinks property values will go down. Todd Steiner who lives on Fond du Lac Avenue was against the proposal because he doesn't want any rentals, only owner-occupied homes. Kim Glasshof who lives on Amber Drive is also against the proposal for the same reasons as Todd Steiner. Chairman Warren closed the Public Hearing at 7:20pm. Discussion Followed. Plan Commission members' were positive about the lower density, private roads, walking path, onsite management and enhanced landscaping. Retzlaff stated that there is no Village ordinance that mandates only owner-occupied developments are allowed. And he stated that no other types of development for this property have been brought forward to the Plan Commission other than multifamily in years. McFarland stated they submitted references, and they have similar products in many of our surrounding communities. They encourage residents to drive by those developments and reach out to those references. Kenitzer stated they maintain all their properties and do not outsource their property management. Tenants are signed to 12-month leases and continue with month-to-month after that, a security deposit is required, and they perform background and criminal checks on prospective tenants. Commissioners feel that multifamily is an important part of a healthy community, single family housing in this corridor just doesn't work. Page 49 of 135 Page 3 Staff recommends approval of this request to rezone the 7-acre Victory Place LLC property from the I: Institutional to the Rm-3: Multi-Family Residential Zoning District for purposes of developing a 48-unit multifamily residential community subject to the following conditions: 1. The final arrangement of buildings, parking, access and internal circulation, stormwater management facilities, public & private utilities, landscaping & lighting, sidewalks, pedestrian paths, and other amenities, the final number, density, and type of buildings and dwelling units, building architecture and materials, emergency vehicle access, and all other features of the development will be determined through the site development and building plan review and approval process. Detailed site development and building plans shall be submitted for review and approval by the Plan Commission pursuant to Section 17.43 of the Zoning Code prior to the issuance of any permits authorizing construction. Said plans shall be generally consistent with the Proposed Site Plan dated December 16, 2025, and conceptual elevations and renderings submitted in the rezoning application in terms of the number and layout of buildings and dwelling units, architecture and materials, access intersection and internal street layout. 2. A certified survey map (CSM) is required to combine the two parcels that comprise the Victory Place LLC property (GTNV_354978 & 354963) and memorialize the right-of-way vacation of Crimson Road through and adjacent to the property. Said CSM shall be submitted for Village approval prior to or concurrent with Site Development & Building Plan approval. 3. If the Village does not require the developer to construct the Crimson Road extension to Fond du Lac Ave/STH145 and agrees to vacate the Crimson Road right-of-way through the property, the developer shall: o Work cooperatively with the Village and pay all costs associated with said right-of-way vacation; o Accommodate any/all utility connections deemed necessary by the Village to/from the existing segment of Crimson Road; o Provide emergency access to/from the existing Crimson Road at the southwest corner of the property if deemed necessary by the Village as part of the site development and building plan approval process. The design of said emergency access to be reviewed and approved by the Village Engineer in cooperation with the Village Fire Department; o Include in the detailed site development plans a pedestrian/bicycle path to be installed along the southern property line starting at the existing Crimson Road segment west of the PRE/3 property and then across and through the multifamily development to connect to the required sidewalk along the west side of Fond du Lac Avenue. The design of said pedestrian/bicycle path to be reviewed and approved by the Village Engineer in cooperation with the Village Parks & Recreation Department; 4. As deemed necessary through the site development and building plan approval process, the developer will be required to enter into a Development Agreement with the Village pursuant to section 17.43 of the Zoning Code to address the responsibility for and timing of public and private improvements, including but not limited to the installation of water and sewer utilities, landscaping and street Page 50 of 135 Page 4 trees, storm water management facilities, roadway & intersection improvements, pedestrian path & sidewalk, and any other provision(s) deemed necessary by the Village. Unless otherwise provided for in the Development Agreement, all development shall meet and comply with all applicable Village Code requirements and design standards for public improvements, including the construction of sidewalk adjacent to and the full length of property frontage along Fond du Lac Avenue. 5. Fond du Lac Avenue/STH 145 is under WisDOT access jurisdiction. A traffic impact analysis (TIA) shall be prepared to assess potential traffic impact on the abutting street system and the potential need for intersection improvements on Fond du Lac Ave/STH145. Said TIA to be prepared and submitted prior to or concurrent with Village Site Development & Building Plan review. Motion: Approve as presented Motioned By: William Shadid Seconded By: Josh Tarantino Yes: Robert Warren, Robert Williams, Josh Tarantino No: William Shadid, Russell Ewert Abstain: None Motion Passed (Yes 3, No 2, Abstained 0) B. Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application to amend/transfer Conditional Use Permit No. 6-12 for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238-21342 Bonniwell Road. (PUBLIC HEARING & ACTION) Director Retzlaff stated that Brad Jansen, the applicant and prospective owner of the property, has applied for a CUP to allow the operation of a commercial stable and horse boarding facility at the location. Although the write-up included in the packet indicated this is a transfer of an existing CUP that was issued for the same use back in 2012 to the current owner, the Village will actually be issuing a new CUP to the applicant if approved as the existing CUP had a condition that it's non-transferable. The only change from the existing operation proposed by the applicant under a new CUP is an increase in the maximum number of horses allowed to be kept on site, from 12 to 18 horses for the commercial operation. Chairman Warren opened the Public Hearing at 8pm. No residents came forward to speak. Chairman Warren closed the Public Hearing at 8:01pm. Staff recommends approval of a Conditional Use Permit to allow for the operation of a commercial stable and horse boarding facility at N136W21238-21342 Bonniwell Road, subject to the following conditions: 1. The uses and activities allowed on the property shall be limited to those uses and activities specified in the Conditional Use Permit (CUP) application documents received January 5, 2026. Days and hours of operation shall be limited to those specified in the CUP documents submitted to the Village. Page 51 of 135 Page 5 2. The total number of horses allowed to be kept on site at any one time that are not owned by the property owner shall not exceed eighteen (18). Hours of operation shall be Monday to Sunday 7AM– 7PM. 3. All manure shall be disposed of in a manner that does not create a nuisance affecting adjacent and/or nearby property owners. The spreading of manure on site or on adjacent land shall be in accordance with accepted practices and all applicable DNR regulations.  4. The owner/operator is responsible for reporting any significant changes in the type, intensity, amount, or location of the land uses and activities, days and hours of operation, size or location or other operational characteristics of said uses and activities authorized under this CUP to the Village Zoning Administrator.  5. If the use, activities and/or operation subject of this permit fall out of conformity with the conditions herein, or, where there is a change in the nature, character, intensity or extent of the activities or uses which cause problems or harmful effects that were not anticipated at the time of approval of this CUP, the Conditional Use Permit (CUP) may be modified or terminated by the Village Board by the amendment to or addition of conditions after public hearing thereon. 6. All temporary and permanent exterior signs require a permit and shall comply with all current sign regulations. Off-premises advertising and directional signage is regulated by the Village and requires a permit if/when allowed.  7. All future site improvements, including all building, parking area, landscaping, stormwater management facilities, signage, exterior lighting, and any other improvements made to or on the property that are necessary for the land uses and activities authorized under this CUP shall be submitted for review and approval by the Village through the Zoning Permit or Site Plan application process as determined by the Village Zoning Administrator. If required, Site Plan review and approval will include Plan Commission review and approval. 8. Pursuant to Section 17.47 of the Zoning Code, if the Village observes and/or receives complaints regarding negative impacts associated with and/or created by business-related activities conducted on the property, including but not limited to noise, dust or other airborne materials, the Property Owner/Operator shall work with the Village to identify the source of such impact(s), evaluate alternative mitigation measures, and implement a mutually-agreeable solution to mitigating the impact(s). 9. This Conditional Use Permit (CUP) shall be non-transferable. In the event there is a change in the owner/operator of the commercial stable and horse boarding facility for which this CUP was issued, this CUP shall become null and void. If the owner/operator wants to operate a commercial stable and horse boarding facility, a new CUP would have to be obtained pursuant to Sections 17.13 and 17.42 of the Zoning Code to operate said business from this property. Motion: Approve as presented Motioned By: William Shadid Seconded By: Josh Tarantino Yes: Robert Warren, William Shadid, Robert Williams, Josh Tarantino, Russell Ewert No: None Page 52 of 135 Page 6 Abstain: None Motion Passed (Yes 5, No 0, Abstained 0) C. Lisa Burck, Innovative Signs, Agent for Truck Country of WI, Inc. property owner; N128 W21795 Holy Hill Road; Sign Application for wall and monument signage. (ACTION) Director Retzlaff reviewed the sign proposal for wall and monument signage, including a monument sign on the southwest corner of the property along the highway as well as multiple wall signs. The proposed wall signs are code compliant. There is a provision in the zoning code that provides for taller monument signs due to topographical challenges, allowing up to a maximum height of 75' but cannot be more than 25' higher topographically than the highest roadway within 200' of the sign location. The overall size can be increased up to 144' sqft per side or 288' sqft on all sides. This property sits very low, so this sign would need to be taller to be seen from the freeway, but cannot be higher than the elevation of the nearby off-ramp. They are requesting an increase in height of the sign from 10' to 50'. There are six criteria for discretionary allowances to be used by the Plan Commission to determine allowance. Retzlaff introduced Jamie Dieman and Brian Harrigan with Innovative Signs, who stated that they proposed the taller monument sign due to the site and visibility for truck traffic. Retzlaff stated that within 200' of this proposed sign is the Hwy 41 off ramp and that elevation is 975'. The code states that you can't be 25' higher than that top elevation and the proposed sign is at 999', so it is allowable. You won't be seeing a large portion of that sign, you will see the top sections and maybe 1 or 2 of the lower support sections. Discussion Followed. Concerns included the brightness and timing on the digital portion of the sign and whether the sign meets all six (6) criteria specified in the Village code that would allow for the Plan Commission to approve. Staff recommends approval of the proposed wall and monument sign package for Truck Country USA located at N128W21795 Holy Hill Road, subject to the following conditions:   1. The Plan Commission determines that the criteria under Section 17.50(g) are or can be met by the Truck Country sign proposal. 2. The Plan Commission determines that the proposed monument sign base, comprised of two pylons covered with aluminum shrouds, are code compliant and acceptable. 3. Applicant/owner shall obtain an electrical permit(s) from Building Inspection Services prior to sign installation.  4. Owner shall provide information required under 17.46(7)(h) and necessary to determine compliance with the electronic message center operational requirements. Motion: Approve as presented Motioned By: William Shadid Seconded By: Russell Ewert Yes: Robert Warren, William Shadid, Josh Tarantino, Russell Ewert No: Robert Williams Page 53 of 135 Page 7 Abstain: None Motion Passed (Yes 4, No 1, Abstained 0) D. Status Report on Village Center District Community Engagement Program (CEP) Director Retzlaff updated the Plan Commission on the Village Center District Community Engagement Program. He stated that SRF gave a presentation of the engagement program to the Village Board on Feb. 2nd and one major change was made to the timeline, extending it out 1 month into July to allow for one of the pop-up events being held on July 4th. The program will include one community online and hard copy survey, an interactive mapping portal that will allow people to view and comment on various aspects of the project, a dedicated project website, email and social media postings and notifications along with traditional press releases, two focus group meetings with interest groups and two pop-up events. The Village Board also received a schedule of items that could be added as time goes on throughout the process. No additions were made but if we get to the point where we think we want to add another pop-up event or survey, we can do so. The original scope was to focus on the three properties already owned by the Village, but they voted to expand the scope to include the west main street properties. We will keep the Plan Commission apprised as we move forward on progress and activities. VI. ANNOUNCEMENTS: None. VII. ADJOURNMENT: Chairman Warren adjourned the meeting at 9:09pm. Page 54 of 135 . Docusign Envelope lD: 9993DA49-8D474626'9889-22A2298488C2 Village of FEES MUST BE PAID AT TIME OF APPLICATION n $350 Plan Commission Consultation m $1,250 Rezoning - General o $2,620 Rezoning - FloodPlain s $2,620Rezoning'Wetland n $1,430 PDD < 5 acres o $2,410 PDD 5-20 acre site n $3,980 PDD > 20 acre site paid on: le.aa.a5cnecr.rcfub.blll REZONING & PDD APPLICATION Pursuant to Section 17.51 of lhe MuniciDal Code please read and complete this application carefully. AII applications must be signed and dated' O *.",#sP*bl9A$IP-f,f35HJn,,.-r, PROPERTY OWNER Mctorv Place LLC 3120 Gatewav 840 S Main Street. Suite 100 Brookfiel d. w|53045 Fond du Lac. Wl 54S35 Phone ( 262 ) 790-4560 920 929-8600 F-Mail emily. mcfarland@Pre-3.com tr-Mail conlact@sunstan.com @ PROPERTY ADDRESS OR GENEML LOCATION TAX KEY NUMBER o REZONING REQUEST *Sillhffimetr FRoM l-1 lnstitutional To Rm-2 MultiPle-familY residential district @ METES AND BOUNDS LEGAL DES CRIPTI ON OF PROPERTY. REQUIRED s54978 AND 354963PT OF NE SE CSM 5268 LOT 3 DOC 883461+86416e AND PT OF NE SE CSM 5268 oL I DOc 863461+804169 Exc PT soLD \(0 \\t $1-t ot 'LL'Ltittt - See attached - lnformatlon,Documenta Revised 1215/25 Sharepoint>06APPLICATIONS ALL>Application Foms>Rezonlng & PDD Page 55 of 135 Docusign Envelope lD: 9993DA49-8D47-4626-9869-22A2Z9B4BBC2 o PURPOSE OF REZONING REQUEST a SUPPORTING DOCUMENTATION : Plat of Survey (1:100) Site Plan and elevations for new construction (can be conceptual) o o READ AND INITIAL THE FOLLOWING: &understand that the Village is under no obligation to rezone property and that density and lot coverages provided in the Zoning Code are maximums. Actual build out will depend on myriad iactors including topography and other natural conditions, surrounding neighborhood context and the detailed design of a project. * & ooot'" n'l^/nn ,(k;n o*n"'fu/t flerl4ltt'u I undersland that Village Staff, Plan Commission and/or Village Board may request additional information to properly evaluate this request and failure to provide such information may in itself by sufficient cause to deny the petition. kam aware that this rezoning shall go into effect immediately upon the final approval of the Village Board and its sxecution of the rezoning ordinance fu^Oerstand that Village Staff is required to post one or more signs along the street frontage of and/or on the- property subject of this application that indicate to nearby property owners and the general public that a public hearing of my application will be held before the Village Plan Commission and/or Village Board prior to action taken on this application: I hereby grant Village Staff permission to enter onto the property for the expressed purpose of installing said sign(s) provided Village Staff is responsible for installing, maintaining and removing said signs in a reasonable manner and time frame. O srcNATuREs - ALL AppucATroNS MUsr BE sTGNED By owNERt { -:ls.Cln ll-D"F 12119t2025 Date desc ribe why the p rezon ng the property ea of the proposed use, sany new construction - See attached - an d n umber of employees, rt applicable. Revised 1215/25 Sharepolnt>06-4PPLICATIONS ALL>Application Forms>Rezoning & pDD Page 56 of 135 Docusign Envelope lD: 9993DA49-8D47-4626-9869-22A229P.48BC2 PREI- December 19,2025 Commu nity Devetopment Department Vittage of Germantown N 1 12 W17001 Mequon Road Germantown Wl53022 Re: Project Description - W140 N9935 Fond du Lac Ave (Tax key 354978 & 354963) Proposed RM-2 ResidentiaI RentaI Community Dear Vittage of Germantown: Premier Reat Estate Management, LLC respectfutty submits this apptication for rezoning to atlow devetopment of an RM-2 Residentiat Rentat Community at W140 N9935 Fond du Lac Ave. This proposat has been shaped by pubtic feedback and is thoughtfutty designed for compatibitity with surrounding neighborhoods and the Vittage Comprehensive Plan. The devetopment witt create 48 apartment homes, between approximatety 1,050 and 1,1 150 square feet, atlfeaturingtwo bedrooms, two fut[ bathrooms, with a private entrance, an attached garage and individual. patio space. we find that this tayout offers residents a singte-famity-styte living experience without the burden of ongoing maintenance. As a resutt, our communities typicatty experience annuaI turnover of 20-250/o, compared to approximatety 45% nationatty. This lower-than-average turnover supports stabte, market-rate, community-oriented neighborhoods that contribute to the tong-term vitatity of the vittage. Projecl_Qvervlelu The proposed 4B-unit residentiat market-rate rentat devetopment, comprised of four (4) 12-unit, two- story buitdings arranged with abundant open space, provides a scate and layout that functions as an appropriate residentiattransition within the Victory Center Corridor, consistent with the Vitl.age of Germantown's 2050 Comprehensive Ptan and recent residentiaI market findings. This apptication reflects a meaningfut reduction in density and intensity from prior cohcepts presented for the site and has been refined with feedback from Vittage staff, Ptan Commission members, and nearby residents in mind. The buitding placement and open space are designed to increase separation from adjacent neighbors, creating a park-tike setting along the property ed$e. This proposat buitds on what we have tearned from eartier discussions and reftects a thoughtfut approach to aLigning with community needs and desires, white remaining economicatty viabte. De-osily 3- L-a n d U se Co m pati bi tity The Victory Center Corridor attows mutti-famity residentiat devetopment up to 10 units/ac. The proposed devetopment is designed at 6.87 units/acre under RM-2 zoning, wett betow the maximum attowed' Lower density was chosen not out of necessity, rather it was setected as a thoughtfut response to community input about density, noise, green space, and traffic and as an appropriate fit for this Page 57 of 135 Docusign Envelope lD: 9993DA49-BD47-4626-9869-22A22SB4}BC2 transitional residentiat area, given its proximity to the existing RD-2 and RM-'l neighborhoods to the west and north. OwnershipA Lo n g:Icrnn Managemcn! The proposed community wittbe owned and professionatty managed by Premier ReaI Estate Management, LLC, a tocatty based reaI estate company with a tong-term focus on residential neighborhoods. Founded in 1978, Premier Reat Estate Management, LLC speciatizes in the devetopment, ownership and management of muttifamity properties in smat[ to mid-sized communities. With severat thousand apartment homes devetoped across Wisconsin, and more than 16,000 apartment homes currentty managed in 16 states, Premier Reat Estate Management, LLC is a leader in creating high-quatity, tow-density housing in underserved markets. We are dedicated to fostering strong communities through smart design, enduring quatity and a focus on neighborhood success. ln the past five years atone, Premier Reat Estate Management, LLC has devetoped over 2,500 units in Wisconsin, emphasizing [ow-density communities with home-tike amenities. This thoughtfutdesign attracts long-term tenants who take pride in their homes and positivety contribute to their communities. Retationship to Adjacent Neighbo-rhoods Carefut attention has been given to how the development interfaces with the Autumn Ridge subdivision and Seven Pines Condominiums. Design considerations inctude: ' Enhanced perimeter tandscaping and buffering . Two-story buil.ding height timits . Buitding orientation away from existing homes r Preservation of existing tree [ines & tandscaping The intent is for the devetopment to be a quiet, residentiaI area, white atso providing an effective buffer to STH 145. ln doing so, the proposed residential use offers a more appropriate transition than potentiat commerciat, mixed-use or institutionaI atternatives. Ir ln response to previous comments pertaining to traffic, noise and safety, the pretiminary site ptan enctosed inctudes a private drive with direct access to Fond du Lac Ave (STH 145) to direct att traffic to this arteriat highway. ln doing so, we wil[ request at a future meeting to vacate Crimson Road right-of- way. We recognize there is atso a desire to keep this right-of-way, so we remain open to conversations about emergency access and look forward to continued coordination with Vittage staff to refine the most appropriate sotution during Site Devetopment Ptan review. This site ptan atso shows an access easement al.towing the property to the south to use the STH 145 entrance. Market Need & Community Benefit lndependent anatysis prepared for the Vittage confirms a strong demand for wett-designed, middte- market rentaI housing. This proposal responds directty to this documented need while providing housing that have many of the benefits of singte-famity tiving. Page 58 of 135 Docuslgn Envelope lD: 9993DA49-8D47-4626-9869-22M29WBBC2 Gommitment to OndoinE Coordination Premier Reat Estate Management, LLC is committed to working with Vittage staff, etected officiats and area residents to hetp ensure this project aLigns with Germantown's Comprehensive Ptan vision. 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T h F g @ d- @ ^,A.\sg OVERALL IFo tFtt)zoo ou F 2 t z. =J U&o- Page 64 of 135 NOTICE OF PUBLIC HEARING VILLAGE OF GERMANTOWN NOTICE is hereby given that a Public Hearing will be held before the Village of Germantown Plan Commission at the Germantown Village Hall located at N112W17001 Mequon Road, Germantown, Wisconsin and virtually through the WebEx platform on the following date and at the time noted below (or soon thereafter): DATE: Monday, February 9 th, 2026 TIME: 6:30 pm or later The purpose of said hearing is to hear all parties, their attorneys or agents, for or against a REZONING application to rezone the following described property from the I: Institutional Zoning District to the Rm -2: Multi-Family Residential Zoning District for the purpose of developing a 48 -unit multi- family residential development on 6.98 acres: Applicant: Premier Real Estate Management, LLC, Agent for Victory Place, LLC, Property Owner Property: 6.98 acres located on Fond du Lac Avenue and Crimson Road including Tax Parcels GTNV_354963 and GTNV_354978 Property Description: BEING ALL OF LOT 3, A PART OF OUTLOT 1, AND A PLATTED RIGHT-OF-WAY OF "CRIMSON ROAD" ALL ON CERTIFIED SURVEY MAP NUMBER 5268, LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWN 9 NORTH, RANGE 20 EAST, VILLAGE OF GERMANTOWN, COUNTY OF WASHINGTON, STATE OF WISCONSIN, NOW BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1 /4 SECTION, THENCE SOUTH 01°25'41" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 SECTION, 529.00 FEET TO A POINT; THENCE SOUTH 88°20'13" WEST 60.00 FEET THE NORTHEAST CORNER OF LOT 3 OF SAID CERTIFIED SURVEY MAP NUMBER 5268 AND THE WEST RIGHT-OF-WAY OF "FOND DU LAC AVENUE (STATE HIGHWAY "145")" AND THE PLACE OF BEGINNING OF LANDS HEREINAFTER DESCRIBED; THENCE SOUTH 01°25'41" EAST ALONG SAID WEST LINE, 582.10 FEET TO A POINT; THENCE SOUTH 88°20'13" WEST 522.50 FEET TO A POINT ON THE EAST LINE OF "AUTUMN RIDGE" A SUBDIVISION OF RECORD; THENCE NORTH 01°25'41" WEST ALONG SAID EAST LINE, 582.10 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3; THENCE NORTH 88°20'13" EAST ALONG SAID NORTH LINE, 522.50 FEET TO T HE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 304,146 SQUARE FEET (OR 6.9822 ACRES) OF LAND, MORE OR LESS. A copy of the application and a map showing the property described above are on file at the Community Development Department-Planning & Zoning Services office in the Germantown Village Hall and can be viewed on the Village’s website by following this link: Website: https://www.germantownwi.gov/589/Proposed-Development-Projects Citizens wishing to submit any public comments should do so by sending them by email to : comments@germantownwi.gov no later than 4:00pm on the meeting date listed above. Donna Ott, Village Clerk Dated this 14th day of January 2026 To Be Published On: January 21st and January 28th, 2026 Page 65 of 135 EXHIBIT s0t'25'41'E 529.00 (P.o.c.) lt.E. OoSTER U+15-9-20 DATE: l2-15-2025 _LaI_2,_QaA_529A_ ltry_E!_gaEs__ry!8Q!_4D_ o -I xl$l r-!ol!l si L-' 9i\l n!\#l bi{i si LI si{i lol!ri l\lst{l si Llqi -l \l Isl{i ;- T -3c t3a o N6rn !t ,-l io! si 4lhiaivl 5l fri>l<t o!<rJl =lol 2i Orrri *q E. (J =CD = -b =56 E s N.f ortrost U oc\l I o I lr,r) oFoLJtn .+ L!a lrl -F u-o LJz. =ul s88' s"w 522.50 _t41t_9f._0!nQr_!. !94_5_2_6!_ LjT 4u SCALE: 1"=100 ROAD 60' wrDE PUBUC R.o.W NORTH 1909t lV Crpltol Dr Snlts 2ll0 Broolfid4 WI 6g0ltPtoc ECD trO-rrrO 0 50 100 THIS EXHIBIT WAS PREPARED BY TRIO ENGINEERING, LLC. ---n ... CRIMSON ROAD ./// -TAELIT,-O-!JLQLJ. lta_wg_ // P.0.t. __L2LJ,- csit 5268 TOTAL IJND AREA = 304,146 S.F, (e.sezz Ac.) HoRE oR tEss TRIO ,\ \s-{vr.-\__-- Page 66 of 135 MEETING: REGULAR MEETING OF THE PLAN COMMISSION DATE AND TIME: Monday, December 9, 2024 6:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. Chairman Wolter called the meeting to order at 6:30pm. II. ROLL CALL: Chairman Wolter and Committee Members Baum, Tarantino, Shadid, Williams, Henk and Ewert were all present. Also present were Community Development Director Retzlaff and Associate Planner Jordan Yanke. III. APPROVAL OF MINUTES: A. PC Minutes 11/11/24 Motion: Approve with correction to Commissioner Henks last name as presented Motioned By: David Baum Seconded By: William Shadid Yes: Dean Wolter, David Baum, Josh Tarantino, Robert Williams, William Shadid, Bridget Henk No: None Abstain: None Motion Passed (Yes 6, No 0, Abstained 0) IV. UNFINISHED BUSINESS: A. OneEnergy Development, LLC, Agent for Wayne Lutynski, Property Owner. Certified Survey Map (CSM) to combine parcels and Site Plan Review for a 30- acre Solar Energy Facility located at approximately N132W18100 Rockfield Road. (ACTION) Page 67 of 135 Page 3 V. NEW BUSINESS: Page 68 of 135 Page 4 A. Sunstarr Real Estate Ventures LLC, Agent for Victory Place LLC, Property Owner - Application to Rezone a 7-acre parcel located at approximately W140 N9915 Fond du Lac Avenue from the I: Institutional to the Rm-3: Multifamily Residential Zoning District. (PUBLIC HEARING & ACTION) Director Retzlaff went over the Site Plan for this proposal, stating that it is within the Victory Center Corridor, which lists commercial and both single or multifamily residences as desirable. The proposal would have six, 2-story buildings with 66 total units, a central open space, onsite storm water management and potential emergency access at Crimson Road. This property has sat idle since the early 2000s. We have had a variety of proposals for multifamily with varying densities since then, with the common theme of requiring Crimson Road to be completed. It's not suitable for single family lots, and we have had no commercial proposals for this property in over 15 years. The Crimson Road extension issue needs to be resolved. He suggests that its extension to FDL Ave is a convenience and although the Fire, Police and DPW would like the connection, they all agree that it's not critical. Staff recommends the approval of this request to rezone 6.99 acres from the I: Institutional to the Rm-3: Multi-Family Residential Zoning District for purposes of developing a multifamily residential development subject to the following conditions: 1. The final arrangement of buildings, parking, access & internal circulation, storm water management facilities, public & private utilities, landscaping & lighting, sidewalks, trails and other amenities, the type and number of buildings and dwelling units, architecture, and materials will be determined through the Site Development & Building Plan review and approval process for the Village. Detailed Site Development & Building plans shall be submitted and reviewed/approved by the Plan Commission pursuant to Section 17.43 of the Zoning Code prior to the issuance of any permits authorizing construction; 2. If the Village does not require the developer to construct the Crimson Road extension to Fond du Lac Ave/STH145 and agrees to vacate the Crimson Road right-of-way through the property, the developer shall: a. work cooperatively with the Village and pay all cost associated with said right-of- way vacation; b. accommodate any/all utility connections deemed necessary by the Village to/from the existing segment of Crimson Road; c. provide a mutually acceptable emergency access to/from Crimson Road if deemed necessary as part of the Site Development & Building Plan approval process; d. submit detailed development plan generally consistent with the Proposed Site Plan (date September 24, 2024) 3. If the Village does require the developer to construct the Crimson Road extension to Fond du Lac Ave/STH145 and does not agree to vacate the Crimson Road right- of-way through the property, the developer shall: a. submit a revised site plan for review and discussion with the Plan Commission prior to submitting detailed Site Development & Building Plans. 4. As deemed necessary through the Site Development & Building Plan approval process, the developer may be required to enter into a Development Agreement with the Village pursuant to section 17.43 of the Zoning Code to address the responsibility for and timing of public and private improvements, including but not limited to the installation of utilities, landscaping and street trees, and storm water management facilities. Page 69 of 135 Page 5 NOTE: If the Plan Commission decides to forward a positive recommendation to the Village Board in favor of rezoning the property as requested, the Plan Commission should also give further feedback and direction to the developer regarding the proposed site plan and other aspects of the proposed development, e.g., architecture & materials, type, number & density of residential units types, amenities, etc. Chairman Wolter opened the Public Hearing at 7:44pm. He read 6 emails that were received all of which were against the development for various reasons, including increased traffic, sidewalk issues and the possibility of the property owner subsidizing the units as rentals. Residents that spoke included: Sarah Bidwall who lives in Seven Pines, is against this due to privacy issues for her, her daughter and their dog. As well as safety issues, including walking in the area and high speed traffic on the road. Sarah Larson who lives on Butternut Road, is against this development. She wants lower density and condos in that space. Todd Steiner who lives on FDL Ave. is against this development due to increased traffic and the possibility of subsidizing rentals in that space would bring more crime, trash and noise. Brian Depies who lives on Ridgewood Lane feels multifamily is probably best for this location. He wanted to address connectivity with the extension of Crimson Road would be a convenience not a necessity, but it would connect walking paths and allow residents to walk safely. Brenda Hofmann who lives on Amber Drive, is against this development due to the density and increased traffic. Kim Anderson who lives on Ridgewood Lane is against this due to the increase of noise it will create. Colin Murphy who lives on Crimson Road, is against this due to the safety impact, and also the increased traffic. Bob Hoff who lives on Amber Drive is against this because this will be a drain on infrastructure and safety will be an issue. Bill Conway who lives on Seven Pines Way is against this due to its nearness to Milwaukee and feels crime will increase. Charles Krieger who lives on FDL Ave, is against this due to the density, traffic issues with parking and trespassing on surrounding properties, a reduction in green space and wildlife, and feels this will put a strain on resources including utilities. James Wagner on Autumn Ridge is against this and feels this would increase traffic and putting in a high volume apartment complex would not enhance Germantown. Amanda Krieger who lives on FDL Ave is against this due to the large quantity of apartments in Germantown, higher crime, less wildlife and green space, dangerous driving conditions and noise issues. Chairman Wolter closed this Public Hearing at 8:14pm. Motion: Approve as presented Motioned By: David Baum Seconded By: William Shadid Discussion Followed. Baum stated that residents only want owner-occupied housing in this location. No one is looking for Crimson Road to go through anymore and this developer has proposed an emergency access gate which would be the responsibility Page 70 of 135 Page 6 of the development owner to maintain it. Baum stated that retail is not being built on the edges of town, the church walked away because they couldn't afford to build. How do we make this suitable for both a developer and residents? The developers representative, Jack Collier, stated that Sunstarr has no intention of subsidizing the apartments, they understand the traffic issues and would be willing to put walking paths along the southside of the property. Their intent is to build a development with rent ranges of $1600-$1700/month, targeting middle to upper income individuals. Shadid feels we have to respect residents in the area that wish to have it be owner occupied. Ewert asked if they had studies done on student impact on school districts where they are developing? Collier said no, and he didn't believe this would be impactful on the schools in the area. Developments like this attract seniors, young couples without children as well as families. Tarantino asked how many units would be allowed in RM1-Six, RM2-Eight, RM3-Ten per acre. Would it be doable financially if it stayed zoned RM1 with a lower density? Collier stated that it would be tough. Chairman asked if there was a reason they weren't looking at condos or senior living? Collier stated that general apartments are more conducive for the site and they don't do condo developments, but he has done alot of senior development. He wants to work with the Village, but they prefer it be multifamily. Chairman Wolter stated that there are condominiums and single-family surrounding that site, so he wants to see a much lower density, and the possibility of a walkway to connect to Autumn Ridge. Retzlaff stated that the walkways are filling in as developments have gone in, but the Village may have to step in to complete the intermediate connections. Collier stated that they would consider dropping to 60 units and eliminating building six, but they would still need RM3 zoning. Baum asked, what do we do with these parcels if condos are slow in sales and no one wants apartments? Do we change the 2050 plan to make it all commercial? Chairman Wolter believes that condos would sell in that area pretty quickly. He asked Sunstarr to come up with something else with a much lower density. Collier asked how they felt about abandoning Crimson Road? Wolter stated that they agree with the Police and Fire recommendation as far as the emergency gate, and they are not looking at extending Crimson all the way to Fond du Lac Avenue. Results of Motion: Yes: None No: Dean Wolter, David Baum, Josh Tarantino, Robert Williams, William Shadid, Bridget Henk Abstain: None Motion Failed (Yes 0, No 6, Abstained 0) Page 71 of 135 C:\Users\jyanke\Downloads\2026-01-06_GTNV_354978 (1).doc Engineering Department Memorandum To: Jeff Retzlaff, Director of Community Development From: Kevin Driscoll, Village Engineer Date: January 6, 2026 Re: GTNV_354978 – STH 145 Fond du Lac Ave Items Reviewed: 1. Rezoning Application Dated: 12/22/20205 General Comments: 1. Please respond to each item below. A written response addressing each item shall be included in your submittal. 2. Submit plans for review of general conformance with State and Village design guidelines. Additional comments could arise as a result of the plan completion and modifications. The items listed below will need to be fully resolved before the Engineering Dept. can recommend a formal approval of the plans and permit for construction. 3. This project will require a WRAPP/NOI from the DNR. Please submit a copy of the approved permit prior to final approval. 4. The WDNR Surface Water Data reflects wetland indicators in the proposed project area near Amber Drive, Crimson Road and Fond du Lac Ave, south of Seven Pines. Provide a wetland delineation and/or copies of approved artificial wetland exemptions. 5. Prepare plans with a professional engineer’s original seal is to be affixed, signed and dated on the final set of construction plans. Prepare As-builts to Village standards shall be prepared and provided to the Village post-construction (for all applicable items). 6. Utility permits and permits for work within the ROW will be required. Contact the Village engineering department to obtain permits. 7. Provide documentation for WisDOT approval of the driveway and sidewalk work shown in the ROW. 8. As a guide to the review response: Items in italics are resolved or acknowledged, items in regular font are to be addressed yet, items in Bold are additional feedback to remaining original comment. Storm Water Management 1. Identify the proposed Total Impervious Area. A Storm Water Management Plan may be required, along with grading plan, storm sewer plans and other plans as outline in the Village of Germantown Development Handbook requirements. Sanitary 1. The existing Sanitary interceptor in Fond du Lac Avenue is +/-35ft deep. A connection to the deep interceptor would require outside drop to be installed to make connections. Page 72 of 135 2 2. Evaluate an alternate connection for feasibility of sanitary depth on Amber Dr. or extend 7 pines collector back to the south. Wat er • Loop the two dead end water connections be made into a loop with the associated valves and hydrants needed. The layout below is not per any plan but a reference only. • A 4” or 6” lateral was run from the main to the ROW, at the ROW a lateral shut valve was installed from there, a smaller water lateral was run and split with a separate shut off installed on the outside of the building to each livable meter unit. • Each shut off valve to be surveyed for the Village of Germantown’s records. A ccess Easements Maintain access to Crimson as noted on drawing dated 12/16/2025. Plan for a d rivable easement with improved stone base to support 80,000lbs. Page 73 of 135 Page 74 of 135 Page 75 of 135 Page 76 of 135 Page 77 of 135 Page 78 of 135 TRIO DESIGNLANDSURVEYING CIV INGILENGINEER Page 79 of 135 Village of Germantown GIS Sanitary Village Of Germantown N112 W17001 Mequon Road Germantown, WI 53022 262-250-4700 2,400.00 DISCLAIMER: This map is not a survey of the actual boundary of any property this map depicts. The Village of Germantown Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. Print Date: 1/6/2026 SCALE: 1 = 200' Page 80 of 135 Village of Germantown GIS Storm Village Of Germantown N112 W17001 Mequon Road Germantown, WI 53022 262-250-4700 2,400.00 DISCLAIMER: This map is not a survey of the actual boundary of any property this map depicts. The Village of Germantown Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. Print Date: 1/6/2026 SCALE: 1 = 200' Page 81 of 135 Village of Germantown GIS Water Village Of Germantown N112 W17001 Mequon Road Germantown, WI 53022 262-250-4700 2,400.00 DISCLAIMER: This map is not a survey of the actual boundary of any property this map depicts. The Village of Germantown Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. Print Date: 1/6/2026 SCALE: 1 = 200' Page 82 of 135 Bob Murray 414.899.0214 bob@pre-3.com Community Minded Development Emily McFarland 920.988.587 4 emily.mcfarland@pre-3.com Josh Kenitzer 414.322.2301 joshua@pre-3.com Page 83 of 135 FOUNDED IN 1978 Company Summary Founded in 1 978, with over 45 years of experience, PRE/3 has grown into a trusted leader in multifamily development, ownership, and management. With a focus on small to mid-sized communities, our team combines decades of expertise with a deep understanding of what makes neighborhoods thrive. Over the years, PRE/3 has developed more than 1 0,000 apartment homes across Wisconsin and now proudly manages over 1 8,000 units in 1 6 states. PRE/3 is dedicated to creating high-quality, low-density housing in underserved markets — communities where thoughtful investment makes a significant difference. By blending smart design, lasting construction, and strong management, we aim to build more than housing — we build places where residents feel connected, supported, and proud to call home. We believe this approach is what truly builds communities, and we are proud to deliver both the stability of scale and the personal attention that ensures our communities stand out from the rest. Page 84 of 135 PRE-3.COM Relevant Developments PRE/3 has been a driving force in Wisconsin’s housing market for decades, developing thousands of apartment homes across the state, including more than 2,000 units in just the past five years. Our communities are intentionally low-density, designed to feel more like a neighborhood than a complex. With features such as attached garages, private entrances, and single-family home-like layouts, residents enjoy both comfort and privacy. This thoughtful, low-impact approach attracts longer-term tenants who take pride in their homes and communities. Below are a few of our recent developments that reflect this scale and vision: Recent Developments HILLCREST ESTATES (2025) 60-unit Market Rate Nicolet Construction hillcrestestatesapartments.com THE PENINSULA (2024) 96-unit Market Rate Nicolet Construction thepeninsulaapartmentliving.com THE RESIDENCES AT DUNHAM GROVE (2022) 120-unit Market Rate Nicolet Construction residencesatdunhamgrove.com CLAYTON CROSSING (2023) 96-unit Market Rate 91 17 Clayton Avenue, Neenah, WI 54956 Nicolet Construction claytoncrossingapartments.com Under Construction FOX LAKE, WI 72-unit Market Rate Nicolet Construction PORTAGE, WI 60-unit Market Rate Nicolet Construction BERLIN, WI 48-unit Market Rate Nicolet Construction BEAVER DAM, WI 60-unit Market Rate Nicolet Construction BARABOO, WI 72-unit Market Rate Nicolet Construction Page 85 of 135 FOUNDED IN 1978 Floor Plans At PRE/3, we take great care to partner with communities that align with our long-term vision of creating thriving communities. While each development is thoughtfully tailored to its setting, we consistently rely on proven floor plans that deliver on our goals: providing residents with comfortable, high-quality living spaces and offering communities durable, attractive housing that adds long-term value. Below are examples of the floor plans we typically use to achieve these results. LOWER UNIT 2 bedroom, 2 bathroom 1,067 square feet UPPER UNIT 2 bedroom, 2 bathroom 1,144 square feet Page 86 of 135 FOUNDED IN 1978 Floor Planscont. In addition to utilizing our proven floor plans, PRE/3 is committed to using materials and finishes that are durable, attractive, and thoughtfully matched to each community. Inside our homes, residents enjoy high-quality features such as maple shaker cabinets with crown molding, granite countertops, stainless steel appliances, vinyl plank flooring, plush carpet, and ceiling fans in dining rooms and bedrooms. On the exterior, we prioritize lasting construction with 2x6 walls, Atlas Pinnacle shingles, LP SmartSiding with brick or stone accents, composite balconies, and fiberglass entry doors. While finishes may vary slightly by community and material availability, each choice is made with the same goal in mind—to provide lasting quality and a welcoming place to call home. UPPER SPLIT BEDROOM 2 bedroom, 2 bathroom 1,075 square feet Page 87 of 135 PRE-3.COM References We encourage you to reach out to our references and hear directly from those who know our work best. At PRE/3, we truly believe in the quality of what we do—from thoughtful design to responsible management—and we want you to share that same confidence. Our track record speaks through the communities we’ve built and the partners we’ve worked with, and we welcome the opportunity for you to see that firsthand. THE VILLAGE OF WATERFORD, WI Zeke Jackson, Village Administrator 123 N. River Street, Waterford, WI 53185 262.534.3980 zjackson@waterfordwi.org THE VILLAGE OF SAUKVILLE, WI Dawn Wagner, Village Administrator 639 E. Green Bay Avenue, Saukville, WI 53080 262.235.9016 dwagner@village.saukville.wi.us THE VILLAGE OF PLOVER, WI Steve Kunst, Village Administrator 2400 Post Road, Plover, WI 54467 715.345.5250 skunst@ploverwi.gov CITY OF REEDSBURG, WI Brian Duvalle, Planner/Bldg Inspector 134 S. Locust Street, Reedsburg, WI 53959 608.768.3354 CITY OF PORTAGE, WI Justin Schoenemann, City Administrator 1 15 W. Pleasant Street, Portage, WI 53901 6 0 8. 742. 2176 justin.schoenemann@portagewi.gov Page 88 of 135 PRE-3.COM Example Properties Here are samples of a few of our properties, but we invite you to visit pre-3.com for additional photos, virtual tours, and a closer look at communities we’ve developed. EXTERIOR VIEWS a PRE/3 apartment community showing a combination of brick and siding, landscaped grounds and private balconies. Page 89 of 135 PRE-3.COM INTERIOR VIEWS : LIVING ROOM vinyl plank flooring with space for a couch, and coffee table; access to the first floor patio and a fireplace is also shown INTERIOR VIEWS : KITCHEN AND HALLWAY granite countertops, stainless steel appliances, white shaker-style cabinets, and vinyl plank flooring Page 90 of 135 PRE-3.COM INTERIOR VIEWS : BATHROOM vinyl plank flooring, white trim, granite countertops, brushed nickel fixtures, and a shower INTERIOR VIEWS : BEDROOM/OFFICE plush carpet, white trim, and room for a desk, guest chair and side table Page 91 of 135 PRE-3.COM INTERIOR VIEWS : MASTER BEDROOM AND EN SUITE BATHROOM AND LAUNDRY A large bed and dresser are shown with access to the en suite bathroom in addition to a full-size washer and dryer INTERIOR VIEWS : BEDROOM plush carpet, white trim, a large bed, a chair, and side tables Page 92 of 135 For more information, contact us PRE-3.COM 262.790.4560 3120 Gateway Road Brookfield, WI 53045 Thank you! Put your trust in the professionals who’ve led the way in multifamily real estate for more than 45 years. Every community deserves high-quality development that adds lasting value to the community. With our proven expertise and commitment to excellence, we deliver projects that meet today’s needs while building long-term value for years to come. Page 93 of 135 GERMANTOWN PLAN COMMISSION MEETING TOWN NINE APARTMENTS FEBRUARY 9, 2026 Page 94 of 135 ABOUT PRE/3  Started in 1975  Three parts to the business:  Development  Management  Investment  PRE/3 has developed thousands of apartment homes across Wisconsin  PRE/3 is dedicated to creating high-quality, low-density housing in underserved markets Page 95 of 135 TOWN NINE APARTMENTS  4- 12-unit buildings, 48 homes  2-bedroom, 2-bathroom  In-unit laundry  Attached garage with additional parking onsite  Onsite management office  Granite countertops, stainless steel appliances, LP SmartSiding  Entrance off Fond du Lac Ave  Begin in 2026 with the goal to rent apartment homes by fall 2027 Page 96 of 135 EXAMPLE PROPERTIES Page 97 of 135 EXAMPLE PROPERTIES Page 98 of 135 EXAMPLE PROPERTIES Page 99 of 135 EXAMPLE PROPERTIES Page 100 of 135 EXAMPLE PROPERTIES Page 101 of 135 INTEGRATION WITH EXISTING NEIGHBORHOODS  Careful attention has been given to how the development interfaces with the Autumn Ridge subdivision and Seven Pines Condominiums  Design considerations include:  Enhanced perimeter landscaping and buffering  T wo-story building height limits  Building orientation away from existing homes  Preservation of existing tree lines & landscaping  The intent is for the development to be a quiet, residential area, while also providing an effective buffer to STH 145 Page 102 of 135 TRAFFIC AND ACCESS  Private drive with direct access to Fond du Lac Ave (STH 145) to direct all traffic to this arterial highway  We will request a vacation of the Crimson Road right-of- way  We are open to requests for emergency access needs on Crimson Road  Draft site plan also shows an easement allowing the property to the south to use the STH 145 entrance  Peak evening hour traffic impact is about 24 trips, 15 inbound, 9 outbound Page 103 of 135 NEXT STEPS  Plan Commission  February 9th  Rezoning request  The Victory Center Corridor allows multi-family residential development up to 10 units/ac.  The proposed development is designed at 6.87 units/acre under RM-2 zoning  Nearby condos are 5.7 units/acre  Village Board for rezoning consideration  Plan Commission: site plan review and CSM  CSM needed to combine the parcels and vacate the right of way of Crimson Road  Village Board for Development Agreement for improvements Page 104 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238-21342 Bonniwell Road. (ACTION) SUBMITTED BY: Jordan Yanke, Associate Planner SUMMARY EXPLANATION: Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238-21342 Bonniwell Road. ATTACHMENT: 1. STAFF REPORT_BRADLEY JANSEN (STABLES)_CUP 2. CUP# XX-2026 ORDINANCE_BRADLEY JANSEN (STABLES)_03.02.26 3. APPLICATION & DESCRIPTION 4. SITE SURVEY (CSM) 5. SITE PLAN (ORIGINAL) 6. CUP #6-12 7. PUBLIC HEARING NOTICE STAFF RECOMMENDATION: APPROVE a Conditional Use Permit for the operation of a commercial stable and horse boarding facility at N136W21238-21342 Bonniwell Road, subject to (9) conditions as listed in the draft CUP ordinance. ACTION BY COMMITTEE: Plan Commission recommended to APPROVE a Conditional Use Permit for the operation of a commercial stable and horse boarding facility at N136W21238-21342 Bonniwell Road, subject to (9) conditions as listed in the draft CUP ordinance. Page 105 of 135 CONDITIONAL USE PERMIT (CUP) 03/02/26 Village Board Meeting Bradley Jansen / Rao Farms, LLC Village Staff Report & Recommendation Germantown, Wisconsin Property Location: N136W21238-21342 Bonniwell Road Applicant/ Owner: Bradley Jansen Rao Farms, LLC W209N11271 Schiller Dr W204N13781 Goldendale Dr Germantown, WI 53022 Richfield, WI 53076 --------------------------------------------------------------------------------------------------------------------- Zoning: A- 2: Agricultural District SUMMARY Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238-21342 Bonniwell Road. Adjacent Land Uses Zoning North Agricultural A-2 South Agricultural/Residential A-2/Rs-2 East Agricultural/Residential A-2/Rs-1 West Agricultural A-2 Location Map Page 106 of 135 CUP Bradley Jansen / Rao Farms, LLC Page 2 of 4 Background/Proposal Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238-21342 Bonniwell Road. In September 2012, the Village granted a Conditional Use Permit (CUP No. 6-12) to Rao Farms, LLC to operate a commercial stable and horse boarding facility at the location. The stables have been in operation since, but at this time Rao Farms (existing owner) is looking to sell the property to Bradley Jansen (applicant). Under the original CUP No. 6-12 (attached), a condition was included that reads as follows: “This conditional use permit shall be non-transferable. In the event there is a change in the owner/operator of the operation receiving this CUP, this CUP shall become null and void. A new CUP shall be required in order for a new owner/operator to commence operation of a commercial stable from this property.” Given the above language and pending sale of the property, the applicant has applied for a new Conditional Use Permit in order to operate the commercial stable and horse boarding facility from the property. At the same time, the applicant’s proposal includes an increase to the total number of horses (not owned by the property owner) allowed to be kept on site at any one time. The proposal specifies a maximum of 18 horses, while the original CUP specified a maximum of 12 horses. According to the application materials, all other aspects of the existing operation would remain the same. Conditional Use Permit (CUP) This project proposes a Conditional Use Permit. The details of what is requested under the application are listed below: • Conditional Use Permit in A-2: Agricultural District o “Operation of a Commercial Stable and Horse Boarding Facility” at subject location by new owner. o Total number of horses allowed to be kept on site at any one time that are not owned by the property owner is 18 horses. o Other aspects of operation:  Hours of Operation: Monday to Sunday 7:00AM – 7:00PM.  Professional trainer provides training and riding lessons on site and takes care of the animals.  Approximately 4-5 patrons visit daily 1-2 hours at a time.  No retail sales or special events from the facility. Page 107 of 135 CUP Bradley Jansen / Rao Farms, LLC Page 3 of 4 Staff Comments Community Development: Planning and Zoning The zoning for the site is A-2: Agricultural District, which allows the operation of a commercial stable and horse boarding facility with a Conditional Use Permit. Given that a commercial stable and horse boarding facility has been operating at the subject location under an approved CUP since 2012, and the only difference in operational characteristics under the current/new CUP application is an increase in the total number of horses allowed (12 to 18), staff does not have concerns with the proposal. Additionally, the subject property is 20 acres in size, and the applicant advises that the existing facility was originally designed to comfortably maintain 19 horses. For comparison, Diamante Stables, which is located at the northwest corner of Freistadt Road and Mary Buth Lane, operates a commercial stable and boarding facility on approximately 20 acres and typically maintains 15 horses (20 maximum) per Village record. APPROVE a Conditional Use Permit for the operation of a commercial stable and horse boarding facility at N136W21238-21342 Bonniwell Road, subject to the following conditions: 1. The uses and activities allowed on the property shall be limited to those uses and activities specified in the Conditional Use Permit (CUP) application documents received January 5, 2026. Days and hours of operation shall be limited to those specified in the CUP documents submitted to the Village. 2. The total number of horses allowed to be kept on site at any one time that are not owned by the property owner shall not exceed eighteen (18). Hours of operation shall be Monday to Sunday 7:00AM – 7:00PM. 3. All manure shall be disposed of in a manner that does not create a nuisance affecting adjacent and/or nearby property owners. The spreading of manure on site or on adjacent land shall be in accordance with accepted practices and all applicable DNR regulations. 4. The owner/operator is responsible for reporting any significant changes in the type, intensity, amount, or location of the land uses and activities, days and hours of operation, size or location or other operational characteristics of said uses and activities authorized under this CUP to the Village Zoning Administrator. 5. If the use, activities and/or operation subject of this permit falls out of conformity with the conditions herein, or, where there is a change in the nature, character, intensity or extent of the activities or uses which causes problems or harmful effects that were not anticipated at the time of approval of t his CUP, the Conditional Use Permit (CUP) may be modified or terminated by the Village Board by the amendment to or addition of conditions after public hearing thereon. VILLAGE STAFF RECOMMENDATION Page 108 of 135 CUP Bradley Jansen / Rao Farms, LLC Page 4 of 4 6. All temporary and permanent exterior signs require a permit and shall comply with all current sign regulations. Off-premises advertising and directional signage is regulated by the Village and requires a permit if/when allowed. 7. All future site improvements, including all building, parking area, landscaping, storm water management facilities, signage, exterior lighting, and any other improvements made to or on the property that are necessary for the land uses and activities author ized under this CUP shall be submitted for review and approval by the Village through the Zoning Permit or Site Plan application process as determined by the Village Zoning Administrator. If required, Site Plan review and approval will include Plan Commission review and approval. 8. Pursuant to Section 17.47 of the Zoning Code, if the Village observes and/or receives complaints regarding negative impacts associated with and/or created by business -related activities conducted on the property, including but not limited to noise, dust or other airborne materials, the Property Owner/Operator shall work with the Village to identify the source of such impact(s), evaluate alternative mitigation measures, and implement a mutually -agreeable solution to mitigating the impact(s). 9. This Conditional Use Permit (CUP) shall be non-transferable. In the event there is a change in the owner/operator of the commercial stable and horse boarding facility for which this CUP was issued, this CUP shall become null and void. If a new owner/operator wants to operate a commercial stable and horse boarding facility, a new CUP would have to be obtained pursuant to Sections 17.13 and 17.42 of the Zoning Code to operate said business from this property. Page 109 of 135 On the following described property located in the Village of Germantown, Washington County, Wisconsin: LOT 2 OF CERTIFIED SURVEY MAP NO. 7422 AS RECORDED IN THE WASHINGTON COUNTY REGISTRY IN VOLUME 58 OF CERTIFIED SURVEY MAPS ON PAGES 62 -67 AS DOCUMENT NO. 1619438, BEING ALL OF THE NW ¼ OF THE SE ¼, PART OF THE SW ¼ OF THE SE ¼ AND PART OF THE SE ¼ OF THE SW FRACTIONAL ¼ OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 20 EAST, VILLAGE OF GERMANTOWN, WASHINGTON COUNTY, WISCONSIN. Tax Key No: 064-991 Address: N136W21238-21342 Bonniwell Road Pursuant to the following condition(s): 1. The uses and activities allowed on the property shall be limited to those uses and activities specified in the Conditional Use Permit (CUP) application documents received January 5, 2026. Days and hours of operation shall be limited to those specified in the CUP supporting documents and in Exhibit A attached. 2. The total number of horses allowed to be kept on site at any one time that are not owned by the property owner shall not exceed eighteen (18). Hours of operation shall be Monday to Sunday 7:00AM – 7:00PM. 3. All manure shall be disposed of in a manner that does not create a nuisance affecting adjacent and/or nearby property owners. The spreading of manure on site or on adjacent land shall be in accordance with accepted practices and all applicable DNR regulations. 4. The owner/operator is responsible for reporting any significant changes in the type, intensity, amount, or location of the land uses and activities, days and hours of operation, size or location or other operational characteristics of said uses and activities authorized under this CUP to the Village Zoning Administrator. Whereas: Bradley Jansen, Applicant and Property Owner agrees to comply with applicable Codes and Ordinances of the Village of Germantown, Wisconsin, and further agrees that all work done pursuant to the permission granted herewith will conform with the applications and drawings filed with and approvals granted by officials of the Village for the purpose of obtaining this permit. This Conditional Use Permit replaces CUP #6-12 (recorded as Document #1321236 on 11/19/2012) and becomes effective upon the sale of the property to Bradley Jansen, property owner. Now, therefore, this permit is issued to allow for the operation of a commercial stable and horse boarding facility from the property located at N136W21238-21342 Bonniwell Road pursuant to Section 17.13(2)(jj) of the Village Zoning Code. CUP # __-2026 Document No. CONDITIONAL USE PERMIT Document Title VILLAGE OF GERMANTOWN, WASHINGTON COUNTY, WISCONSIN CONDITIONAL USE ZONING PERMIT Name & Return Address: Village of Germantown P.O. Box 337 Germantown, WI 53022 Parcel Identification No: GTNV_064-991 Page 110 of 135 Conditional Use Permit (CUP) Bradley Jansen, Applicant and Property Owner Page 2 of 5 5. If the use, activities and/or operation subject of this permit falls out of conformity with the conditions herein, or, where there is a change in the nature, character, intensity or extent of the activities or uses which causes problems or harmful effects that were not anticipated at the time of approval of this CUP, the Conditional Use Permit (CUP) may be modified or terminated by the Village Board by the amendment to or addition of conditions after public hearing thereon. 6. All temporary and permanent exterior signs require a permit and shall comply with all current sign regulations. Off-premises advertising and directional signage is regulated by the Village and requires a permit if/when allowed. 7. All future site improvements, including all building, parking area, landscaping, storm water management facilities, signage, exterior lighting, and any other improvements made to or on the property that are necessary for the land uses and activities authorized under this CUP shall be submitted for review and approval by the Village through the Zoning Permit or Site Plan application process as determined by the Village Zoning Administrator. If required, Site Plan review and approval will include Plan Commiss ion review and approval. 8. Pursuant to Section 17.47 of the Zoning Code, if the Village observes and/or receives complaints regarding negative impacts associated with and/or created by business - related activities conducted on the property, including but not limited to noise, dust or other airborne materials, the Property Owner/Operator shall work with the Village to identify the source of such impact(s), evaluate alternative mitigation measures, and implement a mutually-agreeable solution to mitigating the impact(s). 9. This Conditional Use Permit (CUP) shall be non- transferable. In the event there is a change in the owner/operator of the commercial stable and horse boarding facility for which this CUP was issued, this CUP shall become null and void. If a new owner/operator wants to operate a commercial stable and horse boarding facility, a new CUP would have to be obtained pursuant to Sections 17.13 and 17.42 of the Zoning Code to operate said business from this property. Page 111 of 135 Conditional Use Permit (CUP) Bradley Jansen, Applicant and Property Owner Page 3 of 5 Granted by the Village Board of the Village of Germantown, Washington County, Wisconsin on the _____ day of ___________________, 2026. ________________________________ Robert A. Soderberg, Village President ATTEST: ______________________________________ Donna Ott, Village Clerk STATE OF WISCONSIN ) SS WASHINGTON COUNTY) Personally came before me this _____ day of ____________________, 2026, the above- named Robert A. Soderberg, Village President, and Donna Ott, Village Clerk, to me known to be the persons who executed the foregoing instrument and acknowledged the same. ______________________________________ {type or print name of Notary on this line} ______________________________________ {signature of Notary on this line} Notary Public, State of Wisconsin My Commission Expires: ________________ Page 112 of 135 Conditional Use Permit (CUP) Bradley Jansen, Applicant and Property Owner Page 4 of 5 ACCEPTANCE OF TERMS AND CONDITIONS BY APPLICANT AND PROPERTY OWNER I hereby accept the terms and conditions set forth in this Permit and realize that non- adherence to the terms and conditions as stated hereon may result in the revocation of this Permit by the Village of Germantown. Dated this ___ day of ________________, 2026 _____________________________________________ Bradley Jansen, Applicant and Property Owner STATE OF WISCONSIN) SS ____________ COUNTY) Personally came before me this ______ day of __________________, 2026, being the above named _____________________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. ______________________________________ {type or print name of Notary on this line} ______________________________________ {signature of Notary on this line} Notary Public, State of Wisconsin My Commission Expires: _________ This instrument was drafted by: Jordan Yanke Associate Planner Village of Germantown, Wisconsin Page 113 of 135 Conditional Use Permit (CUP) Bradley Jansen, Applicant and Property Owner Page 5 of 5 EXHIBIT A Uses/Activities – Conditional Use Permit in A-2: Agricultural District • Operation of a Commercial Stable and Horse Boarding Facility • Total number of horses allowed to be kept on site at any one time that are not owned by the property owner is 18 horses. • Hours of Operation: Monday to Sunday 7:00AM – 7:00PM. • Professional trainer provides training and riding lessons on site and takes care of the animals. • Approximately 4-5 patrons visit daily 1-2 hours at a time. • No retail sales or special events from the facility. Page 114 of 135 Village of G Fee must accompany application. nr::iri[#"Iiz:oz --ffiillhnmmrlrr *** o CONDITIONAL USE PERMIT APPLICATION Pursuant to Section 12.42 of the Municipal Code Please read and complete this application carefully. All applications must be signed and dated APPLICANT/AGENT Bradley Jansen W209N11271 Schiller Dr Germantown, Wl 53022 61 8-579-9689 bradleyj ja nsen @ pwc.com PROPERTY OWNER: (prospective owner) Bradley Jansen W209N 11271 Schiller Dr Germantown, Wl 53022 61 8-579-9689 brad leyj jansen @ pwc.com @ TO WHOM SHOULD THE PERMIT BE ISSUED? Bradley Jansen - Agent o PROPERTY ADDRESS TAX KEY NUMBER N1 36W21238-N1 36W21 242 Bonniwell Rd, Richfield Wl 53076 GTNV- 064991 GTNV- 064993 @ DESCRIPTION OF EXISTING OPERATION Rao Farms, LLC (current owners of the 59.44 acre horse facility) operates a commercial stable (under previously approved CUP #6-12). The facility consists of a horse boarding facility comprised of an indoor riding arena (73'x 150') and stable with twelve ('12) horse stalls, an outdoor riding arena (70'x125'), seven (7) outdoor paddocks, and a concrete manure enclosure. The facility The existing operation includes boarding, training and riding lessons. A professional trainer lessons and also maintains the animals. Typically, 4-5 patrons per day, visit the operations for 1 is designed to comfortably maintain 19 horses. OF THE VILLAGE PLANNER OF OFFIOE Page 115 of 135 Write the name of the proposed conditional use exactly as it appears in the Municipal Code. 17.12(2) dd) Commercial stables and riding academies. o o o o DESCRIPTION OF PROPOSED OPERATION Describe the proposed use, including size, number of employees, hours of operation and extent of any new construction,/alterations. Ownership of the property is changing and the Agent of the prospective owner is applying to continue the existing operation (which operatesunderthenon-transferrableCUP(#6-12)). Theagent,isapplyingtocontinuetooperateacommercial stableonthe property. Aprofessional trainerwill providetrainingsessionsandridinglessonsandwill beon-sitefortakingcareoftheanimals(18 horses maximum) Monday to Sunday for approximately 2-10 hours per day. Access to the facility by the patrons would be by appointment, Monday to Sunday - 7:00AM to 7:00PM, when the trainer is present. METES AND BOUNDS LEGAL DESCRIPTION OF PROPERW - REQUIRED Please submit a separate WORD Document with this information. Placed on the attached CSM, Lot 2 and Outlot 1 (59.44 Acres in total ) are being sold to prospective owner SUPPORTING DOCUMENTATION: n Site Plan and elevations for new construction (can be conceptual ) n Photos of existing use and,/or proposed use operating elsewhere READ AND INITIAL THE FOLLOWING: X I understand that the Village is under no obligation to issue a Conditional Use Permit and will do so only if the applicant successfully demonstrates that the proposed use is harmonious with the neighborhood and the long-range goals of the Village. X _l will notify the Village if anv aspects of the conditional use changes. I understand that failure to do so may result in the revocation of the CUP. X understand that a Conditional Use Permit is valid only if the conditions and restrictions of the permit are met. I understand that failure to comply with any aspect of the permit may result in revocation 6 0 SIGNATURES - ALL APPLICATIONS MUST BE SIGNED BY OWNER 6^*t 6^'& 12/31/202s_ Prus:p,ective Owner 12/31/202s DateApplicant Revised '1215/25 Date Sharepoint>06-APPLICATIONS ALL>Application Forms>CU P Page 116 of 135 Document # 1619438 MAP # 7422 VOLUME:5a PAGE:62 WASHINGTON COUNW WISCONSIN 2025-08-26 12:05r00 PM Washington County Certified Survey Map All ot rhs Nw l/4 ol tfie sE 1/4, part oflho sw 1/4 of the sE 1/4 and part of ths sE 1/4 ot lhe Sw Fracdonal 1/4 of Soclion 0, Tilnship 9 Norlh, Range 20 Eas{, Vlllage of Germsntown, dt/l-.. Washington Csnty, Wisconsin. WASHINGTON COUNW B€aringsarerclerenc€dtothe 0 loo 300 600 (r'a')-means't€cordedas' REGISTERoFDEEDS WlsconsinstalePlaneCoordinale i::-:--- P.O.B.-means'Pointof Bsglnnlng'. F€e: +3O.0O SElo in feet 1'= 300' o - indic€t3s 1.3"od x 18'iron Fee Exempt: 2R pipe weishins 1.08 lbs./fr. s€t. *"T[#:,Tot' Grid Systom, South Zone (NAD-83/201 1 Adiuotm€nt). The soulh line of th6 SE 1/4 of Ssc. 6-09-20 has a grid bearing of N 89'29'26' E' -unp-letcd-tanls- LISA BUDISH s 89'13?e 2631 Shaot 1 ofo tr0pla!t9d_la_n-ds_ Cent{ Ss. S920 @nc.mn./bE$ found bal . . lndlcatss 1.3'od iron plps found unless noied. €p ltnpjaltgllaJ1lS N 8S13'46" lv isi6.94- - - \ /) _) Est Ss. €p Owner/Subdivider RAO Farms LLC Kailas & Becky Rao W204N13781 Goldendale Rd. Rlchti€ld, Wl 53076 Surueyor Oonald J. Thoma "teQqqcrr Accurate Sury€ying & Englnsaring, LLP. 2911 Wildlile Lane Rlchfield, Wl 53075 \-\ ' (o rO si|ooEI Fi ui -q:d cltr b6l o shslts. -".#(" Uao5 o o o I o o *iE €in9i5r,F o I a t 3q Q62lA77-2120 N U rtl o S88'59'5E W Outlot 1 39.422 Acres 1,717,212 Sq. Ft. (exdusive of road) A-2 zoning 281.g', s 89'22',24'W o FF(o Nq o soutl llno, NW 114 ol th. SE 1/r /t60.0O' z z sh€ltsr e FA €r EE 8g oooEoogS >@oc;Eo ;g Ea EE e"b ot eiE gi r, Io m Itgarage -css sh€llsr trtE o"'' hou$ o rG)nn \'gg -sli.ll€r Lot 2 20.019 Acres 872.013 So. Ft. qr .. ,' .. 6netr&(exdustva ol roao) A-2 zoning exlstlng pond sE Shoot 2 ot 5 for Lin6 ".abt. lin6 ol tho SE 1/4 of o B s 88'27"7. € Lot 3 co +) oJ s 85.52'00. E Bonniuell Rood N E v.i s q N ffi Shoot 2 ol 5 for Lim Tabt€ L1 E: &l Lot 1 24.350 Acres I,000,689 Sq. Fl. (exdusive of road) A-2 zming od -LqtJ-qs_lLs!?o_ was drafiod ei lr Or zi =rA)r o; fond2025, .4. 89'293r E) !Eplaltqd_lgnlg 9AU 1- -N 89'20'28' 6 N sm?e, @lh Page 117 of 135 existlng pond Lot 1 Er o lE =lq '? I building sstbsck lire o I N \ s ciin. building sstbsck ilns _EI mtn. builThg s€iback lim-\ - e) N(') o Lot 3 29.352 Acres 1,278,504 Sq. Ft. {exclusive of roed) A-2 zoning (r6. S 88'2?'38,E) s 88.27'4?" E Washington County Certified Survey Map All ot th3 NW 1/4 of the sE 1/4, part of the sw l/4 of ths sE 1/4 and part of the sE 1/4 ofthe SW Fractional 1/4 ot S€c'tlon 6, Township I North, Range 20 East, Villags ol Germantofln' Waehington County, Wsconsh. Shsst 2 of 6 _rr0p_laltqd-]an!C Csntgr S*.8-$20m.mn./bE$ 6p unolatted land6 tum o- N 89'46',14'W 2536-13' W6sl Ouarler @mgr Se. G9-20 @rc.rcn./alum. €p north line otthe SE 1/4 ofth€ SW Frrcl 1/4 \ N 8fl 3'46" w 1315.94 tound (r.a.) - means'recordsd as" P.O.B. - means 'Point ol B€ginning". o - iMi€tes 1.3'od x 18' iron pipo woighing 1.68 lbs./1. st. a - indicat6s'l.3"od lron pipe found unless noled. 100 300 Scale in f€et 1" = 300' Bearings are roforenced to the Wiscondn Stiate Plans Coordinate Grid System, South Zone (NAD-83/201 I Adjustrn€nt). Tho south llne of ths SE 'll4 of Ssc. 6-09-20 has a grid bearhg of "'pe@q. "/" N 89'29'26" E, 9r dl 8iEtd:dclJl Outlot L ffi. 32 o 9 I; 281.34' m s Dated 2025. lE ls Revis€d day c!!p&!lgdlan_de g 4 (t b .'€ Ei5 -rt fls:'i aol j e s 88'5958'W 8h€ll€t € E sh€lterm *s N Ba69€ 6h€lt€r E]O o,' hou$ (..a. N tGhs EJ oosh€ltor sheltd irJ o!NI 1i 2i >r 8i EIc:ol 8iEt EIclJt o!NI qi Or zi >r6to; u '6 s E oa Lot 2 20.019 Acres _ 872,013 Sq, Ft,.. S"n",(exdusrye ot roao.l A.2 zoning eheltsr 6 Sothwostmr Ss. S+20 @rc.mon./bE$ 6p found ",F 353.81, 8A'271r E N -Bogd- --F 40'dedicaiod to lhe Vlllage of Germantiln br road purposes 1.300 acres (56,607 6q.fi.) _LdJ-qs_!L59e0- South Qua.ter wSc- SS20 This instrumsnt was draffgd Donald J. Thoma, 5-2470 s@th line Planc MAP #7422 VOLUME: 58 PAGE: 63 Page 118 of 135 no w€tlandsFloodway no Flood wetlandsn/ ) oc Outlot 1 V 39.422 Aqes 1,7'17,2123q. Ft. (exclusiv€ ol road) {u A-zzoning V v v v Flood Flood .\a' v^s V Ftood -/ v v v min. building slbsck line \ min. b0ilding selback ma co +) oJ Lot 3 I _81 Pr t: ila \ lp 6 ,9 3 lc E L t tf,al!F+€.D$i -rn. ornlin!-."t0fr tin"- -l t tt t Lot 1 24.350 Acres 1,060,689 Sq. Ft. (exclusive of road) A-2 zonlng ,$ - ezz,ots sq. Fi... R"rr- sneFrer I r= (gxctusve ot roao) .! a-z zoning l€- - - mintqulldlng setoac* lil bam g .8 IE 3 e oosheller sh€lter o 6h€lt€r d*g shslltr tl min. building s€lbackr- liN lTashington County Certified Survey Map Ail of the Nw 'll4 of ths sE 1/4, parl of the sw 1l4 of the sE l/4 and part of the sE 1/4 ol the sW Fractional 1/4 of S€c1ion 6, Township I Norlh, Range 20 East, Village of Germantown, Washington County, Wisconsln- ffi,:Sff '&:i:1", j^Tt[*i"","0ry009-rndicareswerands. Sheel 3 of 6 Grid Systsm, South Zone (NAD-83/201 1 Adiustment). The south llne of the SE 1/4 of Sec. 6.09-20 has a grid b€aring of N 89'29'26" E. t qplS$C{Anlg Scale in feet 1'= 300' - - indi€tes l0o year llood llne. C€nt€r S@. &S20 @nc.mn./bEss tound - indicates 100 year flood lin6. @P !,!Pfs!ted-len!9 rcrth lin€ _ulplqltgilan!9 2631 Sids - 25' \r/ Rsar-so' -tr\ \Y/ Westlands - 25' ""O)\. Flood Easl Quarltr ffiss.6$20 @rc.mon./b6s €p b(rnd Floodway Flooclway Developm€nt within thes€ setbacl ar6as is prohibitsd unless otherwise allowed pur€uant to ths provisions of Chapier 24 (Shoreland-wetland Zoning Coda) in the Germantown v Flood t Uo Municipal Code. o v 3z 4 op Et DEo ,o olEI Ei ;!ot €r EICIfl FT @ -g) F crt oo m The wetland line, 100 year ll@d llne, floodway and the creeUditch lines have be€n traced from the Washlngtofl countY websita. oo ,u", t4I' q 2 Ua t 3o o olE HiE Erogr> Ei; :il oo E@th Oated 38r.00 U) ROW 2025. E) 9! B b it5 6met found N: €p .50 ----l8oParel 1 , !ltut CSM No.54 ;:lt6r lEl 'drThis instrum€nt _Nr{ Lol 1A Ne.-49..9SM_ulpf4tCd_lan!S South€asl @rntr Ss. &$20ffic.mn./b6$ lound s-2470was ol 1i 2i >l 8i _LqU.cS-!LqOao_ 3 d b z tri 381.00' F(o ! MAP #7422 VOLUME: 58 PAGE: 64 Page 119 of 135 Shoet 4 ot 6 Washington County Certified Survey Map All ol the Nw 'll4 of the sE 1/4, part ol the 8w 1/4 of ths sE 1/4 and part of the sE 1/4 of the SW Fractlonal 1/4 of Seclion 6, Totr,nship 9 North, Rangs 20 East, Vlllage of Gormantorvn' Washlngton County, Wisconsln. Location Sketch SE 1/4 & SW l/4 S*tion F920 S€1.: 1':2m0' N89"16'14'W 2536.13 s t-- --T---- -tb 'oit3 f-it.bI ro| 3bz I I E fig l*8E s32 F L --.1 -Js 88'2/47' N E 265(t,68 Bmnlwsll R@d $ururgor'r @ertificstr: l, Dondd J. Thoma, Professional Land Suryeyor, horeby c€diry that by the direcilon of Kailas & B€cky Rao, I hayo survsyod, dlvided, rnappod and dedicated ths land shotvn and desc.ib€d hereon, All ot lhe NW 1/4 of the SE 1/4, pari ofhe SW 1/4 olthe SE 1l4 and part of the SE 1/4 of the SW Fractlmal 1l4 of Seclion 6, Township 9 Nodh, Range 20 East, Vlllage ol Getnrantiln, washington Counv, Wscomin, whldt is bounded and doscribed a6lollows: B€ginning at thB Seth Quartsr corner of said S€ction 6, mafigd by a consete monumont with a brass cap found; thsncs N 89'2926' E, along the south lin€ ol said SE 114,277.71 fesl, to lh€ soulhwest corner of Certifisd Survey Map No. 4429 as recorded in he Washington Counly Rsgistry in Volurno 29 of Ceriified Surv€y Maps on pagps 23$237 as Documsnt No. 683821 i thenc€ N 00'30'34'W, along lhe wost line ofsaid Cerlified Survsy Mep No. 4429, 67 1,45 fe6tr th6nca N 89'29'26'E, along the nonh fine of said Cortifod Suryey Map No. 4429, 381.00 feet; thsnce S 00'30'34' E, along he east lino of said Codiflod Suryey Map No. 4429, 671.45 feel, to the intsrssclion of sald souih lln8 of the SE 1/4: tfi€nce N 89'29'26' E, along sald soulh lin€ ofthe SE 1/4, 666.63 feel, to th6 east lino of said SW 1/4 oflie SE 1/4; thenco N 00'50'10'W, along said east lln€ of ths SW 1/4 ofthe SE l/4 and along the oast line of said NW 1/4 ot tha SE 114,2677.81 t$t; th6nc6 N 89'13'46'W, along the notth llne of sald SE 1/4, 1315.94 f6et, to lh€ Cant€r of said S€ction 6, marl(€d by a concrsle rnonurnenl with a baags cap foundi lh€nc€ I 00'37'36' E, almg the west llne of said SE 1/4, 1353.58 fe6t thenc€ N 89'07'06' W, along the north lino of said SE 1/4 ol lhe SW Fracfionall/4, 1331.02 feei. to t\o intsrssction ot ths monumentsd west llng of s€id SE l/4 of the SW Fraclional l/4, marked by a 1.3 inch od iron dpe found; thoncs S 00'50'13'E, along said rpnumsntsd west lins of the SE 1/4 of the SW Frac{ion€l 1/4, 960..17 b€t, to the northwost corn€r of Cgrtf€d Survoy Map No. 5326 as remrded in lhe Washinglon County Rsgistry in Volum€ 37 of Cerlifi€d Suruey Maps on pag€s 30$306 as Docxment No. 074346, marksd by a t.3 inch od iron pipo found: th€nco S 88'27'47' E, along thg north lino of said Certifi€d Survsy Map No. 5320, 20'1.83 foet. to a 1.3 lnch od irm pipe lound; th€nc€ S 01'32'13'W, along lhe oasl line ot saki Cedified Suruey Map No. 5326, 377.85 fe6t, to the lnterseclion of the south lin€ of said SW Fraciional 1/4; lhencs S 88'2747'E, along said soulh lins of h€ SW Fracllonsl 1/4, 1 138.1 9 fe€|, to tho polni of bsginnlng. Containing 115.054 acros (5,011,746 square feal) more or less, I further certify lhat I hav6 fully complied with the provlsions of ssc. 236.34 of Wlsconsin Stelutes and the ChaplerlS of the Villag€ of Germantown SuMivision Conlrol Ordinancg in surveying, diMding, land suryeyod and the mapping and d€dicating said lands, ard that this mp ls a conecl boundarios oflhe divislon of said lands. 2025. Revis€dthis Isthdayol iltrr, Donald J. &tr!F}}3.On ,rrtllr MAP #7422 VOLUME: 58 PAGE: 65 Page 120 of 135 Washington County Certified Survey Map AII of the NW 1/4 of fie SE 1/4, part of tlo SW l/4 ol 01e SE 1/4 and pad of lhe SE t/4 ot lho Sw Fractional l/4 ol S€cllon 6, Tort nship I North, Rango 20 East, Villago ol Germantoivn, washington Counly, Wsconsin. Sh6st 5 of 6 Oorporatr (Ownrr'r @rrtificatr: RAO Farms LLC. a corporation duly organized and existing undgr and by vittua of lhs laws of the State ot Wsconsin, as orner, does hereby c€rllty that s€id corporaton caus€d the land on his Certifi€d Survey Map to be suryeyed, divided, mapped and dedicated that part of Bonniwoll Road to the Villaga of Germanto,vn br public road purposes as repres€ntod on Shsst I and 2 of 5 of this Cediflsd Suwey Map. R/AO Farms LLC, do€s furth6r cortily th.l th6ro i6 a mortgage on this prop€dy and this C8ttifi8d Survey MaP is required by ssc. 236.34 of Wisconsln Statutes to be submlttsd to the following for approval. Village of Germanto,vn Plan Commission Vlllage of Gomantown Villago Board lN WITNESS WHEREOF, RAO Farms LLC, has @us€d lhose presenls lo be signed by Kaills J. Rao & Bedry L. Rao, its Offcars, "r6€MrAftbN,wisconsin,^r--anditscorporatesealtobehelounloaffixeornis trl day ot HEAbt,zoz2. ln lhe prsson€ of: Farms LLC Name &b/ Kailas J. Becky L. Rao (Pdnt) (Pdnt) STATE OF WTSCONSTN) WASHINGTON COUNTY)S.S Personelly cam6 b€tore me tris 2/ oay ot Aur^ur< Kailas J. Rao & B€dq L. Rao Ofiicers ofth€ abovo named corporation, to me knofln lo b€ th€ p€Fons who Execuiod the foregoing inslrumgnt, and lo me knotrn to b€ such Offcers of said coeoratlon, and acknowledge that they exsruted the lnstrumsnt as such officers as the de€d of said corporallon, by its authotity. (Nolary Notary Public, l,-lt+ttt<6SilA,wisconsin. Coupr1 My commission sxpirss tt I o>l 2o>ult llillage of (Nrrmantown plnn @ommisrion Approuul: This Cerlified Survsv Mao is herebv ot c€.mantown on th,.lt*i| t f?.pr.^ \,/ Cornmission of lhe Vlllago Robert A. Soderberg - Chairperson - Secretary l8illage of Ormsntourn, lEillagr Bonr! Approual: This Cerlified Surv€y Map, All of th6 Nw 1/4 of lhe SE 1/4, parl of tho SW 1/4 of the SE 'U4 and parl ot the SE 1/4 of the SW Fractional 1/4 of Soction 6, Township g North, Range 20 East, Vlllage of Garmantown, WasHngton CounV, wisconsin, having b€en approyed by ths Pl€nning Commisdon being th6 same, is hsreby approved and the dedicalion of that part of Bonniwcll Road for public road purpos€g as shown on Shset I ol 5 and Sh€el 2 of 5 iB horoby eccoptad by ths Villege Bo€rd ol Itltllrt, ruste?rAthe thisl-davof of Germantown on -zo>l +aal!rclnD 01./^ Robert A. Soderb€rg - Villags CleIk Dated this s-2470 R€vis.d lhis 'l5th day ot J. ArlY mlJ{ot sE This ott 2025. n 2025. MAP #7422 VOLUME: 58 PAGE: 66 Page 121 of 135 Washington County Certified Survey Map All of the Nw 1/4 ofthe sE 1/4, parl of the sw 1/4 oftho sE 1/4 and part of the sE l/4 of th€ SW Fractional 114 of Secton 6, Toflnshlp 9 Norih' Ran96 20 Easl, villago of G€rmantofln, washinglon County, wisconsln. sheet 6 0f6 (0ongrnt of @orporatr lorlgagr: (fuw>cr F, Yo'rc ' n L a coryoratiofl duly o(ganized and oxlsting under and by virtu€ of the brls ol the State of wisconsin, rnodgages of lh6 above descfibsd land, do€s heroby conssnt lo the surveying, dividing, mapplng and dsdicating of he land descdb€d on his Codifisd Suwey Map' and doos hereby consent io the above cedilicate of RAO Farms LLC, oynsrs - Kallas J. Rao & Beoky L. Rao offimE. I lN WITNESS WHE aeor , na *w (anP. t F , fw nC 'Hscaused lhese Presents to b€ signed uv Lder*rtrltLl{"t r+ , it prucduil, and countsrsisnsd u1.J34&JZrr-' irr gffiffi) , a 6tld dtt I o C , wis@nsin, and its co.poralo seal to b€ hersunlo atfixeottrlsll dayot 6b.at*vl,zo6. ln lho pres€nc€ of: e Seal) Nam€ E- A.]r Fq Date fay 4cl-zcr STATE OF WISCONSIN} 4**9**, ""."T[]"15 iio Z-toq or ouqu e* , 202s. h)qlq A A ^hr+Affit\'P ^nqJ^!-fu.cr-,4#4tn't '-.f tho above namad corporation, to rno kno,vn lo bo th3 6€rson9 who executsd ths forogoing instrurn€nt, and lo me known to be such Prssident and Socretary(cashisr) of said and ac*nowladge that they €xecuied the bregoing instrulMl as such its authorig.ofR6F as the do6d of said by (Notary Notary Public, Q.n.LI tt I at My commigsion expires l laqlab ttllltr, tflt!ml!3.On Oated lhis day Rovisod lhrs 1 5lh day of Oonakl J. SHELLY TOUREIER Notary Publlc Strte of Wlcondn inBtrumont was drafied 2025. MAP #7422 VOLUME: 58 PAGE: 67 Page 122 of 135 Page 123 of 135 t ir-- i: j *: t: ii ;: H F il]" dnv t..) 'r;-i ;ir +" ir,J.$ ?.r,-. t i' \ :;,...ir" -z/ .l e i'a. F .F g I l. ,*-rt.* t ..'. r .-l. 'n*yro,..i*: . ".+---:-i. . ,..,*t:'- -t-ir "l t -4. I --H rt"!il# -i :t J ( .( T j I - 7/1312012 5:0a:24PM Page 124 of 135 VILLAGE OF GERMANTOWN, WASHINGTON COUNTY, WISCONSIN CONDITIONAL USE ZONING PERMIT Name & Return Addressi Village of Germantown P.O. Box 337 Germantown, Wl 53022 Parcel ldentification No: GTNV 063-989 cuP #6 - 12 Document No. CONDITIONAL USE PERMIT Document Title 1Se1 e36 lllil il ilrilil ltilt iltilillillil RECOROED Whereas the Applicant Fee Asount; t?5.00 Becky Rao, Agent for Rao Farms LLG, Property Owner agree to comply with applicable Codes and Ordinances of the Village of Germantown, Wisconsin, and further agrees that all work done pursuant to the permission granted herewith will conform with the applications and drawings filed with and approvals granted by officials of the Village for the purpose of obtaining this permit. Now, therefore, this permit is issued to the Applicant to permit the operation of a commercial stable and horse boarding facility in the A-1: Agricultural Zoning District pursuant to Section 17.12(2)(dd) of the Village Zoning Code. On the following described property located in the Village of Germantown, Washington County, Wisconsin: A 46.73 acre being a part of the SE % of the SW % and the SW % of the SEy4of Section 6, Township I North, Range 20 East in the Viltage of Germantown, Washington County, Wisconsin. Tax Key No: 063-989 Address: N136 W21342 Bonniwell Road Pursuant to the following condition(s): 1. This permit authorizes the uses and activities as set forth in the conditional use permit application dated July 1 2,2012 and in the supporting documents and plans made part of the application (including the A.ugust- 6, ?012 e-mail responses). All of the cperational characteristics and services as described, as well as any commitments made by the Applicant as set forth in the application, supporting documents, and made during presentations to the Village Plan Commission, Vitlage Board and Village staff are deemed to be conditions of approval. 2. lf the use, activities and/or operation subject of this permit falls out of conformity with the conditions herein, or where there is a change in the nature, character, intensity or extent of the permitted conditional use which causes special problems or harmful effects otherurise associated with the use to be no longer ameliorated or eliminated, or where conditions imposed were anticipated to mitigate or eliminate harmful effects associated with the use but are subsequently insufficient to do so, or for similar cause based upon consideration for the public comfort, safety, and welfare, the conditional use permit may be terminated or modified by the Village Board by the amendment to or addition of conditions after public hearing thereon. 3 Page 125 of 135 Conditional Use Permit (CUP) *h-tZ Rao Farms LLC, Property Owner Page 2 of 3 3. The total number of horses allowed to be kept on site at any one time that are not owned by the property owner shall not exceed twelve (12). Hours of operation shall be Monday to Sunday 7:00 am to 7:00 pm. 4. All manure shall be disposed in a manner that does not create a nuisance affecting adjacent and/or nearby property owners The spreading of manure on-site or on adjacent land shall be in accordance with accepted practices and all applicable DNR regulations. 5. The property owner shall prepare and submit impervious area calculations for all impervious features (e.g. roof top area, pavement area, and gravel roadways) that have been installed on the property since January 1,2002.ln the event the total amount of impervious area that has been constructed since 2002 exceeds Tz-acre, or,5% of the property owners total land area, a storm water management plan meeting MMSD requirements shall be prepared. ln the event storm water management facilities, e.g. swales, ponds, are required by MMSD, said facilities shall be installed in a manner and time table mutually agreed upon with MMSD and the Village Engineer. 6. All exterior signage, including temporary signs, require a permit from the Village. 7. This conditional use permit shall be non-transferable. ln the event there is a change in the owner/operator of the operation receiving this CUP, this CUP shall become null and void. A new CUP shall be required in order for a new owner/operator to commence operation of a commercial stable from this property. Granted by the Village Board of the on the 17th day of September,2012 Village of Germantown Washington County, a(rgtto n ATTES Dean Wolter, Vill Presid Barbara K. D Clerk STATE OF WISCONSIN ) SS WASHTNGTON COUNTY) Personally came before me thiS ;5 day of gfitlle r .2012, the above named Dean Wolter, Village President, and Barbara K. D. Goeckner, Village Clerk, to me known to be the persons who executed the foregoing instrument and acknowledged the same Lh,i r ne- {type or print name of NotarY on natute Notary on lhis line) Notary Public, State of Wisconsjl /i My Comrnission Expires: 'l - I 'l ' I 5 Op Page 126 of 135 DrlC* 13etP36 Conditional Use Permit (CUP) *futZ Rao Farms LLC, Property Owner Page 3 of 3 ACCEPTANCE OF TERMS AND CONDITIONS BY PROPERTY OWNER As representative(s) for Rao Farms LLC, Property Owner, hereby accept the terms and conditions set forth in this Permit, and realize that non-adherence to the terms and conditions as stated hereon may result in the revocation of this Permit by the Village of Germantown. Dated tnis l) oay or )c*abx ,2012 L Ra.r n on (si[nature on thid]line] Agent for fao Farms LLC {type or print name on this line} srATE OF WTSCONSTN) SS CYa*ni"qlon' COUNTY) ---:o_i_ Personallv came before me this named , Be_oK* L,R.AO {signature on this line} Agent for Rao Farms LLC l2't day of 2Q12, being the above , to me known to be the person who orr this executed tnJforegding instrument and acknowledged the same print name of on this line) This instrument was drafted by: Jeffrey W Relzlaff, AICP Village Plan ner/Zoning Administralor Village of Germantown, Wisconsin Notarv Public. State of Wisconsin r MyCommission Expires: ll lq lZotq BRENT J. LUCKOW *H Page 127 of 135 NOTICE OF PUBLIC HEARING VILLAGE OF GERMANTOWN NOTICE is hereby given that a Public Hearing will be held before the Village of Germantown Plan Commission at the Germantown Village Hall located at N112W17001 Mequon Road, Germantown, Wisconsin and virtually through the WebEx platform on the following date and at the time noted below (or soon thereafter): DATE: Monday, February 9 th, 2026 TIME: 6:30 pm or later The purpose of said hearing is to hear all parties, their attorneys or agents, for the following: Application to amend/transfer Conditional Use Permit No. 6-12 for the “Operation of a Commercial Stable and Horse Boarding Facility” from the property described below pursuant to Section 17.13(2)(jj) of the Village Zoning Code. Applicant: Bradley Jansen, Agent/Prospective Owner for Rao Farms, LLC, Property Owner Property Address: N136W21238 & N136W21342 Bonniwell Road (GTNV_064991) Property Description: LOT 2 OF CERTIFIED SURVEY MAP NO. 7422 AS RECORDED IN THE WASHINGTON COUNTY REGISTRY IN VOLUME 58 OF CERTIFIED SURVEY MAPS ON PAGES 62 -67 AS DOCUMENT NO. 1619438, BEING ALL OF THE NW ¼ OF THE SE ¼, PART OF THE SW ¼ OF THE SE ¼ AND PART OF THE SE ¼ OF THE SW FRACTIONAL ¼ OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 20 EAST, VILLAGE OF GERMANTOWN, WASHINGTON COUNTY, WISCONSIN. A copy of the application and a map showing the property described above are on file at the Community Development Department-Planning & Zoning Services office in the Germantown Village Hall and can be viewed on the Village’s website by following this link: Website: https://www.germantownwi.gov/589/Proposed-Development-Projects Citizens wishing to submit any public comments should do so by sending them by email to : comments@germantownwi.gov no later than 4:00pm on the meeting date listed above. Donna Ott, Village Clerk Dated this 14 th day of January 2026 To Be Published On: January 21st and January 28th, 2026 Page 128 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: An Ordinance Amending Section 1.379(2) Of The Germantown Municipal Code Relating To The Membership Of The Economic Development Commission. (ACTION) SUBMITTED BY: SUMMARY EXPLANATION: This ordinance amends Section 1.379(2) of the Germantown Municipal Code to increase the number of members appointed to the Economic Development Commission from seven to nine. The Village President has identified two community business leaders he desires to appoint to the Economic Development Commission ATTACHMENT: 1. 05-2026 Ordinance updating Economic Development Commission membership STAFF RECOMMENDATION: A motion to recommend to the Village Board to approve the proposed ordinance as presented. ACTION BY COMMITTEE: Page 129 of 135 STATE OF WISCONSIN VILLAGE OF GERMANTOWN WASHINGTON COUNTY ORDINANCE NO. 05-2026 AN ORDINANCE AMENDING SECTION 1.379(2) OF THE GERMANTOWN MUNICIPAL CODE RELATING TO THE MEMBERSHIP OF THE ECONOMIC DEVELOPMENT COMMISSION WHEREAS, section 1.379(2) of the Germantown Municipal Code establishes the rules and regulations related to the membership of the Economic Development Commission; and WHEREAS, the Village Board desires to amend those regulations to increase the number of members appointed to the Economic Development Commission. NOW, THEREFORE, the Village Board of the Village of Germantown, Wisconsin, do ordain as follows: SECTION I Section 1.379(2) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck through; Added text is double underlined): (2) MEMBERSHIP. The Economic Development Commission shall consist of 79 voting members, who must be Germantown residents, business owners or community leaders. Members shall be appointed by the Village President and confirmed by a majority vote of the Village Board. The Village President shall appoint the Chairman. SECTION II The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. SECTION III All ordinances or parts of ordinances contravening the terms of this ordinance are hereby to that extent repealed. Page 130 of 135 ORDINANCE NO. 05-2026 Page 2 SECTION IV This ordinance shall take effect and be in full force upon its passage and the day after its publication. Adopted: March 2, 2026 ______________________________________ Robert A. Soderberg, Village President ATTEST: ____________________________________ Donna Ott, Village Clerk Approved as to form: ____________________________ Brian C. Sajdak, Village Attorney Published: Page 131 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: 4th of July -- Report and Discussion (ACTION) SUBMITTED BY: Jan Miller, Trustee SUMMARY EXPLANATION: See the attached agenda request form from Trustee Jan Miller. ATTACHMENT: 1. AgendaItem4TH STAFF RECOMMENDATION: ACTION BY COMMITTEE: Page 132 of 135 Page 133 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Update on Recruiting for Village Administrator and Director of Public Works. (ACTION) SUBMITTED BY: SUMMARY EXPLANATION: ATTACHMENT: STAFF RECOMMENDATION: ACTION BY COMMITTEE: Page 134 of 135 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 2, 2026 PLACEMENT: Action Item ITEM TITLE: Retention bonuses for Certain Department Heads. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility and then may reconvene into open session to take such action as it deems appropriate. (ACTION) SUBMITTED BY: SUMMARY EXPLANATION: Because of the departure of two key department heads in short succession, efforts to retain certain department heads that remain may be important to ensure appropriate continuity of operations. Under the statutes, the Board may utilize a closed session under Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction. In this case, the compensation of specific employees is a permitted use of a closed session. Further, as part of the discussion, it is anticipated the performance evaluation data may be considered for the employees, another permitted use of a closed session under the statute. ATTACHMENT: STAFF RECOMMENDATION: A motion to convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering compensation and/or performance evaluation data of any public employee over which the Village Board has jurisdiction or exercises responsibility. ACTION BY COMMITTEE: Page 135 of 135