Parks, Building & Grounds Commission Meeting — Agenda Packet

Parks, Buildings and Grounds Commission Meeting Agenda August 10, 2026 - 5:30 PM Mayor's Conference Room 3805 S. Casper Dr. Amended & Published: 8/7/2026 @ 4:50 PM Published: 08/07/2026 AGENDA 1. CALL TO ORDER 2. ROLL CALL; DECLARATION OF QUORUM; PUBLIC NOTICE 3. APPROVAL OF MINUTES A. 7/13/2026 Meeting Minutes 4. NEW BUSINESS A. Discussion and possible action to approve Fundraising at Valley View Park, 5051 S. Sunny Slope Road, and at the New Berlin Athletic Complex, 5851 S. Sunny Slope Road, during the 2026 New Berlin Fall Classic Tournament from September 11-13, 2026, contingent upon the approval of the Special Event Permit by the Department of Community Development. B. Discussion and possible action to approve the operation of Kona Ice at Valley View Park, 5051 S. Sunny Slope Road, and at the New Berlin Athletic Complex, 5851 S. Sunny Slope Road, during the 2026 New Berlin Fall Classic Tournament from September 11-13, 2026, for sales of shaved ice contingent upon the issuance of the required Direct Seller Mobile Vendor License by the City Clerk's Office and approval of the Special Event Permit by the Department of Community Development. C. Discussion and possible action to approve the operation of Fine Designs Midwest Region at the New Berlin Athletic Complex, 5851 S. Sunny Slope Road, during the 2026 New Berlin Fall Classic Soccer Tournament from September 12–13, 2026, to conduct apparel item sales contingent upon the issuance of the required Direct Seller Mobile Vendor License by the City Clerk's Office and approval of the Special Event Permit by the Department of Community Development. D. Discussion and possible recommendation to the Common Council to approve a donation agreement between ABB, Inc. and the City of New Berlin for a butterfly garden, bench, and sign to be constructed at ProHealth Care Park at the location specified in the donation agreement. 5. UPDATES 6. ADJOURN Additional Information • The agenda packet, including supplemental information related to agenda items, is available online at www.NewBerlinWI.gov. Once finalized by the governing body, approved meeting minutes will also be posted online. Page 1 of 28 • Agenda items may be taken out of order at the governing body's discretion. • Members, and possibly a quorum, of other municipal governmental bodies may attend this meeting to gather information. However, no action will be taken by any governmental body other than the one referenced in this notice. • Accommodations will be provided under the Americans with Disabilities Act (ADA) to meet the needs of individuals with disabilities. If you require assistance or appropriate aids and services, please contact the Office of the City Clerk at (262) 786-8610 with reasonable notice. Page 2 of 28 Parks, Buildings and Grounds Commission MEETING MINUTES July 13, 2026 - 5:30 PM Mayor's Conference Room 3805 S. Casper Dr. MINUTES 1. CALL TO ORDER Mayor Ament called the meeting to order at 5:32 PM 2. ROLL CALL; DECLARATION OF QUORUM; PUBLIC NOTICE Present: Alderperson Kroupa, Commissioner Rafel, Commissioner Ferrante, and Mayor Ament. Commissioner Wicihowski was excused. Staff attending: Josh Fabian & Dan Hogan. 3. APPROVAL OF MINUTES MOTION: Motion to Approve Motion by: Commissioner Ferrante Second by: Alderperson Kroupa VOTE: Motion Passed 4-0 A. 06/08/2026 Meeting Minutes 4. NEW BUSINESS A. Discussion and possible recommendation to the Common Council to transfer $15,000 to account 15140000-56080 from Contingency for the purchase of a replacement OmniSpin Merry-go-round and Poured in Place surface at Biwer Park. MOTION: Motion to Approve Motion by: Commissioner Rafel Second by: Commissioner Ferrante VOTE: Motion Passed 4-0 B. Discussion and possible recommendation to the Common Council for approval to transfer $115,000 in residual funds from the former Community Center demolition project to the New Berlin Ball Field Rehabilitation capital account. Page 3 of 28 MOTION: Motion to Approve Motion by: Commissioner Rafel Second by: Alderperson Kroupa VOTE: Motion Passed 4-0 C. Discussion and possible recommendation to the Common Council for approval to amend and increase the 2026 CIP budget in the amount of $160,000 for the rehabilitation of Pro Health Care Park Diamond #1. MOTION: Motion to Approve Motion by: Alderperson Kroupa Second by: Commissioner Ferrante VOTE: Motion Passed 4-0 D. Discussion and possible recommendation to the Common Council to approve an agreement with Kujawa Enterprises, Inc. for the 2026 Athletic Field Renovation Project. E. Discussion and possible recommendation to the Common Council to approve a donation agreement between the Boy Scouts of America and the City of New Berlin for an Eagle Scout Project by Noah R Seifert to build and provide two little free libraries with one bench and a concrete pad at the location specified in the project document. F. Discussion and possible action to approve the operation of Romero's Taco Truck and The Fatty Patty Burger Food Truck at Weatherstone Park, 13355 W. Linfield Drive, during the private Weatherstone Homeowners Association Picnic on July 26, 2026, from 4:00 p.m. to 7:00 p.m., contingent upon the issuance of the required Direct Seller Food Truck Permits by the City Clerk's Office and approval of the Special Event Permit by the Department of Community Development. 5. UPDATES 6. ADJOURN Page 4 of 28 Parks, Buildings and Grounds Commission MEETING MINUTES June 8, 2026 - 5:30 PM Mayor's Conference Room 3805 S. Casper Dr. MINUTES 1. CALL TO ORDER Alderperson Kroupa called the meeting to order at 5:30PM 2. ROLL CALL; DECLARATION OF QUORUM; PUBLIC NOTICE Present: Commissioner Rafel, Commissioner Ferrante, Commissioner Wicihowski and Alderperson Kroupa, Mayor Ament was excused. Staff attending: Lucus Pichler. 3. APPROVAL OF MINUTES A. 05/11/2026 Meeting Minutes MOTION: Motion to Approve Motion by: Commissioner Wicihowski Second by: Commissioner Ferrante VOTE: Motion Passed 3-0 4. NEW BUSINESS A. Recommend to Common Council to approve an extension of a debris removal contract with DRC Emergency Services. MOTION: Motion to Approve Motion by: Commissioner Wicihowski Second by: Commissioner Ferrante VOTE: Motion Passed 4-0 5. UPDATES Lucus stated the project at Malone is progressing. The chiller at the Library and the fuel station are on track. Page 5 of 28 6. ADJOURN MOTION: Motion to Adjourn Motion by: Commissioner Wicihowski Second by: Commissioner Ferrante VOTE: Motion Passed 4-0 Meeting adjourned at 5:36 PM. Respectfully Submitted, Robert T. Rafel MBA PB & G Commission Secretary Page 6 of 28 Ptan of Operation Event Contact Person Name. Todd Gill City, State, ZIP: 53146 Phone. 414-807-7219 .r.;,. newbedinsoccerclub@gmail.com Organizatlon lnrormatlon Group/Organization Name Address. 5275 S Oakridge Dr city, state, zlP: 53146 Non-Profir 501(C)3 Tax lD Number (if appticabte) .39-1824154 Event lntormation Event Name 2026 New Berlin Fall Classic EYent Descrlptlon Youth Soccer toumament meant to be a fundraiser for NBSC Event Locatlon(s) Valley View Park Event Date(sl Date: 9t11t2026 Starr Time: 5:00PM Da]gJ 911212026 End Time: 6:00PM DdrJ 9t13l2026 StartTime: 9:00AM End Time: 5:00PM Estimated Attendance/day Ihefottowing equation shatt be used to catculate lhe estimated daityattendance for sportingevents: _teams x (15 playerycoaches + 25 spectators) = _ people 480 1000 Total Estlmated Attendance Z,qt*O Contact lnformation Address.5275 S Oakridge Dr New Berlin Soccer Club 5n61n,'". 8:00AM g,rn nr.. 8:00AM 1 160 Page 7 of 28 Ptan of Operation Contact lntormation Event Contact Person Name Address: 5275 S Oakrid eDr City, State, ZIP: 53146 .rr,,. newberinsocceerclub@gmail.com Group/Organization Name . New Berlin Soccer Club 166sg55.5275 S Oakridge Dr city, state, zlP: 53146 Non-Profit 501(C)3 Tax lD Number (it appticabte) 39-1824154 Event lnlormation Event Name 2026 New Berlin Fall Classic Event Description Youth Soccer toumament meant to be a fundraiser for the club. Event Location(s) New Berlin Athlectic Complex New Berlin Athlectic Complex Event Date(s) Starr Time: 8:00AM ano r,r"' 4:00PM Darc.911312026 Start Time: 9:00AM End Time: 4:00PM Date: Start Time: Estimated Attendance/day Thelottowing equation shalt be used to catcutate the estimated daity attendance for sporting events: _teams x (15 ptayerycoaches + 25 spectators) = - peopte 520 480 Total Estlmated Attendance 1000 Todd Gill Phone. 414-807-7219 Organization lnlormation Darc.911212026 End Time: Page 8 of 28 Severe Weather Procedures For Events on Clty Ptopefty: City park structures are not deslgned tot severe weather shelter areas. tt severe weather is torccasted, all actMtles should stop for people to leave and find shelter. Severe Thunderstorm Watch: See Attached doc Sevele Thunderstorm Warning: See Attached doc Lightning: See Attached doc Tornado Watch: See Attached doc Tornado Warning: PLEASE DO NOT WRITE BELOW THIS LINE F Park Rental Permit E Btock Pany Permit ETemp Ctass B License gDrrect Setters Permit fi Fundrarsing E Sign Permit n Tent Permit E Electricat Permit PBG Meeting Date: PBG Meeting Date: PBG Meeting Date: 0 E City Services - EMS/ambutance E City Services - Traffic ControI fficity Rentat - Portable toitets Bcity RentaL - Trash barrets Quantity: - Quantity: Quantity: _Quantity:- Page 9 of 28 lnclement Weather Policy Lightning Safety Whenever there is lighhing present during a WYSA sanctioned activity (practice, game, or toumameflt) it is th€ responsibility of he hosting dub to determine if it is safe to remain outdoors and dayrng. Lightning is the most consistent and significant weather hazard that may affect sports. Within the United States, ttre National Oceanic and Abnospheric Administration (NOAA estimales that 60 to 70 fatalities and about 10 times as many injuries oco:r from lightning strikes ever year. While the probability of being stuck by lighfring is low, tre odds are significantly greater when a storm is in the area and proper safety precaulions are not followed. Education and prevention are the keys to lightning safety. The bslow guidelines are meanl to be an educational source and the sleps outined are recommended by WYSA to limit the lighhirp risk. 1. Designate a person (Club Director, Board Member, or Head Coadr (practice situaton only) to monitor threatening weather and to make the decision to remove teams, playens, spectaton, evenUgame personnel and individuals from an athletic complex or event. 2. Monitor local weaher reports each day before any event or practice. . Be aware of potenlial wealher situations that could develop during sdeduled events or practices. . Weather reports can be found through local news coverage, intemel cable and satellite weaher programming, he National Weaher SeMce and by smartphone applications. 3. Work with he ahletic mmplex designee to establish a working relationship between the dub system and protocols and ahleth complex system and protocols. . lf he ahletic complex DOES NOT have a working system in place, he club will provide the primary system used for lightning. o lf the athletic complex DOES have an existing working system, drscuss the rcrking details of botft to determine which is more engaged and stricter. . Preference would be to use the club system but to undeBtand the ahletic mmplex rules, regulations, and liabilities. 4. Be informed of Natjonal Weather SeMce (NWS) issued thunderstorm \vatctes' or lvamirgs,' and the waming srgns of developing thunderstoms in the area, such as trigh winds or darkening skies. . A livatch' is issued when severe thunderstoms are possrb/e in and near the watdl area. lt does not rnean that they will occur. lt only means lhey are poss,ble. . A fuaming'is issued when severe thunderstorms are occuning u imminent in the waming area. . Watches and wamings are not issued for lightning. 5. Be informed of the electronic system or mobile application issued advisory ale s to he onsite club designee. The folloling infurmation should be fdloted lo determine it he athHic complex is safe: o 30 miles or less: Ad$sory o 20 miles or less: Caution r '10 miles or less: Not Safe - remove team(s), players, spectators, evenugame personnel and individuals hom he athletic cornplex or event to a safe shelter. . Resume athletic activities or events when: Page 10 of 28 Tornado Safety Whenever here is tornado or a lhreat of a tomado present during a during a WYSA sanctbrEd adiry hraclice, game or bumament) it is the responsibility of the hosting club to determine if it is safe to remain ortdoors and playrng. o No lightning observed for 30 minutes afier both he last sound of lhunder and lasl flash of lighhing or infomed by the elecfonic system or mobile application being used. o The storm system is 10 miles away and heading away from he athletic site and no thunder is reported with any possible lightning flashes. 6. Know where the dosest 'safe structure or location' is to the field or playing area, how long it takes to evacuate to llEt location for all evenUgame personnel, and have access to it. . Safe locatrons o Any building usually occupied or frequented by people. (i.e.: a building witr plumbing and or electric wiring that acb to electrically gnound the structure) o ln the absence of the above, any vehicle witr a hard melal rmf witfr windows shut. . Dangerous locations o Oulside locations increase the risk of being struck by lighlnirq when hunderstorms are in the area. Small covercd shelters are nol safe from lightning. Concession stands, press boxes, rain shelters, maintenance sheds, and picnic shelters, even if they are pmp€rly grounded for structural safety, are usually not properly grounded ftom the effects of lightning and sile flashes to people. ThE are usually very unsafe and may aclually increase the nsk of lighhing injury. Otter dangerous locations indude areas connected to, or near, light poles, towers and fences hat can carry a nearby shike to people. Also dangerous is any localion that makes the person the highest point in the area. 7. Lighhing awarsness should be heightened at the first flash of lightning, sound of hunder and/or other signs such as increasing wind or gradually darkening skies. 8. Management prolocol for lbhtning iniuries. o Activate EMS . Survey the scene o Assess breathing and pulse. An individual trat has been sfuck by lighhing does nol hold a charge and is safe to handle. Begin CPR as it is safe to do so. Eady CPR and AED arB the keys to survival. Education and prevention are he keys to tomado safety. These below guidelines are meant to be an educational sourc€ and the steps outined are recommended by WYSA to limit tomado risk and injuries. 1. Designate a person (Club Direc{or, Board Mernber, or Head Coach (prac{ice situation only)) to monitor hrsatening weather and to make the decision to remove teams, playes, spectators, evenUgann personnel and individuals from an athletic complex or event. 2. Monitor local wsath€r roporb each day beforo any event or practice. e Be aware of potential weather situations that could develop during scheduled evenb or practices. . Weather reports can be found through local news coverage, intemet, cable and satellite weaher programming, he National Weaher Service and by smarphone applications_ 3. Be informed of Natpnal Weaher Service (NWS) issued Tomado lvatches' or wamings,' and he waming Page 11 of 28 signs of developing ftunderstorms in the area, such as rolation in doud base or greenish black skies. . A latch' is issued when conditions are hvorable for he development of tomadoes in and close to the watch area. o A ?aming" is issued wtlen a tcmado is irdicated by the radar or swed by spotters; therefore, people in the affected area should seek safe shelter immediately. 4. Be informed of he electronic system or mobile applications issued advisory alerts b he onsite club designee. The following information should be followed to determine if the athletic complex is safe. o 30 miles or less: Advisory . 20 miles or less: Caution . 10 miles or less: Not Safe - remove team(s), players, spectatoB, evenugame personnel and individuals forn he ahletics complex or event to a safe shelter. o Resume afiletic activities or events when: o The storm syslem is '10 miles away and heading away from he athletic site. . o The cornplex has been properly evaluated and cleared of any possible damage or debris. 5. Know where the closest 'safe strucfure or location" is to the field or plalng area, how long it takes to evacuate to hat locaton for all evenUgame personnel and have access to it. lmmediate Ac{bn: . People with mobility concems should seek sheher at he time of a tomado watdr, NoT a tomado waming. . Seek sheher immediately. Areas to look for include a sturdy building. tf you can ddve away from the tomado safely, do so. DO NOT seek shelter in a car. But if you must, get down in your car and cover your head, or abandon your car and seek shelter in a low-lying area such as a ditch or ravine. 6. Managernent protocol for tomado iniuries. . Aclrvate EMS . Survey lhe scene . Remain calm and listen for instructions ard information from emergency personnel and WYSA Representatives. . Provide firsl aid if it can be done safely. Approved 06125122 WYSA Board of Directon Page 12 of 28 Event Activities (Location: Valley View Park ) Complete this sheetfor each location Description of Event Activities Additionat security personnel For events on City Ptoperty and/ot ROW, City Services including on'site EMS/ambutance (oveftime) andfratfic control (oveftime) may be required based upon event attendance. !ves ENo Amptified music !ves E t'lo City Park Facitities & Rentals The exctusive use ol a City picnic area, shetter or athtetic facitity. Optionat rentat of additionat benches, picnic tabtes, signs, or barricades. Appticant is responsibte for set-up. ENo Fencing (temporary) !ves ENo Medicat/first aid kits I ves Parking nlon site E ofi site Potable water fol consumption on site ! ves Etto Road Closure EYes, Btock Party Permit Iruo Sales, beer and/oI wine The sale oI beer and/or wine requires a Temporary Ctass I Retailer's License' which appticants must quatiry Ior and obtain approvallrom the Cterk's Office ALcohot sales are not permitted at events that are primarily youth-focused. EYes, Temporaryclass B License For events on City Property, approvat from the Parks, Buitdings and Grounds Commission is required for non-City sponsored events. Er'ro Sales, ,ood and/or merchandise Att mobite vendors shaLt obtain a Direct Setlers Permit from the Cterk's Otfice. No individuat may utitize publicLy owned park facilities for personal profit, inctuding, but not timited to, clinics, tessons, tournaments, or the sate of athtetic items 0r concessions, without a Direct Setters Permit from the Cterk's Otfice. nYes, Direct Setters Permit For events on City Property, approvat from the Parks, Buitdings and Grounds Commission is required lor non-City sponsored events. ENo Sales, lund raising Fundraisers on City Property shatt compty with the Wisconsin Department of Financiat lnstitutions and are attowed for etigibte Community Based Non-Profit Organizations, or on behalf of benevotent, phitanthropic, patriotic' or charitabLe organizations. IYes For events on City Property, approvat from the Parks, Buitdings and Grounds Commission is required for non-Crty sponsored events. ENo Sanltation services For events on City Ptopefty and/or ROW rcntal of poftable toilets may be required based upon event aftendance. ENo Signs (temporary signs and/or banners gteater than 6 sq ft) E Yes, Sign PeImit Etto Signs (temporary signs and/or directional yard signs 6 sq ft or tess) IYes ENo Tents (pop up tents) Iilvpq ENo Tents and temporary structures (targerthan pop uptents) EYes, Tent Permit Eruo Wiring (temporary) E Yes, Etectricat Permit Er.to E yes E Yes, Park Rentat Permit ENo E Yes waste management selvices Fot events on City Ptoperty and/ot ROW rental ol additional trash barrels maybe requied based upon event attendance. E lto Page 13 of 28 Parking Lot Jennifer Ct Sm all Rd CenterBlvd ForestAve ForestRidge Dr ValleyView Dr Hickory Hills Dr Elmwood Dr Beloit Rd Sunny Slope Rd Basketbal l Disc Golf Course Archery Range Sled Hill Valley View Park Shelter 2 (South) Playground Restrooms Playground Shelter 1 (North) Restrooms Parking Lot Parking Lot Parking Lot Ball Diamond #1 Tennis Courts Soap Box Derby Ball Diamond #2 Soccer Field#2 Soccer Field#1 Soccer Field#3 Soccer Field#4 Soccer Field#5Soccer Field#6 Soccer Field#7 Soccer Field#8 Soccer Field#9 Page 14 of 28 6/18/26. '11:2't AM Valley View Fall Classtc 2025.ipg httpsr//mail goog16.com/mail/u/o/#inbox^vhclKLcFBnTfdkgDqkFhNHDJXbSgkmDNhPhCgpHnfBgHFHpwTxLPMlFvWTnnntnzeJwLtw?proiector=1&m... 1t,l VdIE? Vfi.{rf#r{! Ur.3+ Lin.oln I WIEJ mrei*rt Hts L IEI]E? Vn:{el?ffi} \ g cqrtrfiorr EI, '! a Tournament Shuttle ofl + hE t 't tt t_ E -ll,-- I \ /t vLr/r2 A Dol ul.lre I firj I- l Google uglro FoIsy$ Advi!ors ulrA2 tErs3 noiltir- vebo Lcim.m Alhtatc Page 15 of 28 Event Activities (Location: New Berlin Athletic Complex ) Complete this sheetfor each location Description of Event Activities ! ves Er.ro Amptified music ! ves ENo City Park Facilities & Rentats The exctusive use of a City picnic area, shetter or athletic facitity. Optionat rentat of additionat benches, picnic tables, signs, or barricades. Appticant is responsibte f or set-up. EYes, Park Rental Permit nlto Fencing (temporary) IYes Etio Medicat/first aid kits nYes Er'ro Parking E On site E Off site Potabte water for consumption on site !ves Et'to Road Ctosure E Yes, Btock Party Permit Er'ro Sales, beer and/or wine The sale of beer and/or wine requares a Temporary Ctass B Retaiter's License, which appticants must qualify for and obtain approval from the Cterkt Office Atcohotsales are not permitted at events that are primarity youth-focused. nYes, Temporary Class B License For events on City Property, approvat from the Parks, Buitdings and Grounds Commission is required for non-City sponsored events. Eruo Sales, tood and/or merchandise Att mobite vendors shatt obtain a Direct Setters Permit from the Clerk's Office. No individuat may utitize pubticty owned park tacilities for personat profit, inctudrng, but not Limited to, clinics, lessons, tournaments, or the sale ol athtetic items or concessions, without a Direct Setters Permit from the Cterk's Otfice. ElYes, Dlrect Setters Permit For events on City Property, approvat trom the Parks, Buitdings and Grounds Commission is required for non-City sponso,ed events. E r'ro Sates, tundraising Fundraisers on City Property shatlcomptywith theWisconsin Department of Financiat lnstatutions and are altowed for etigible Community Based Non-Prolat Organizations, or on behatf of benevotent, phitanthropic, patriotic, or charitabte organizations. Bves For events on City Property, approvat from the Parks, Buitdings and Grounds Commission is required for non-City sponsored events. nro Sanltatlon services For events on City Ptopefty and/or ROW rental ot poftable toilets may be requhed based u pon event aftendance. E Yes nro Signs {temporarysigns and/or banners greaterthan 6sq ft) E Yes, sign Permit ENo Signs (temporary signs and/or d ireclionat yard signs 6 sq ft or tess) E Yes ENo Tents {pop up tents) E Yes Etlo Tents and temporary structures {targerthan pop up renrs) nYes, Tent Permit Etto Wiring (temporary) E Yes, Etectricat Permit Etlo Waste management services For events on City Propetty and/or ROW, rental of additionaltrash baffels may be required based upon event attendance. Ives ENo Additionat securlty personnel Fot events on City PropetA and/ot ROW, City Services including on-site EMS/ambulance (oveftime) and Tratfic control (oveftime) may be required based upon event aftendance. Page 16 of 28 Brook Hollow Ct Sunny Slope Rd New Berlin Athletic Complex Soccer Field#1Parking Lot Soccer Field#2 Soccer Field#3 Page 17 of 28 6hgn6.11.21 AM NBAC 2025 Fall Classic map.jpg htFs/mail.goog16.com/mail/u/o/#nbox,A&hctKLCFBnTfdkgDqkFhNHOJXbSgkmDNhPhCgpHnfBgHFHpwlxLPMlFvWTnnntnZQJwLlw?projoctor='l&m... 'll1 I N L r, I I Comol€r t t Z t t' Page 18 of 28 REQUESTED ACTION STATEMENT DATE: August 5, 2026 TO: Mayor Common Council Parks, Buildings and Grounds Commission FROM: Lucas Pichler – Director of Public Works ISSUE: Donation Agreement - ABB Butterfly Garden REQUESTED: Recommend to Common Council to approve a donation agreement between ABB, Inc. and the City of New Berlin for a butterfly garden, bench, and sign to be constructed at ProHealth Care Park at the location specified in the donation agreement. FISCAL IMPACT: None RATIONALE: ABB, Inc. approached the City regarding construction of this butterfly garden. The garden will be placed in a location that is currently grass turf, but near to an existing prairie area. The proposed butterfly garden will require similar maintenance as the existing prairie. This butterfly garden will be beneficial to pollinators, and further the City’s efforts toward education of naturalization. Page 19 of 28 ACCESS and DONATION AGREEMENT This Access and Donation Agreement is made and entered into by and between the CITY OF NEW BERLIN, a Wisconsin municipal corporation (hereinafter referred to as the “City”) with its principal office at 3805 South Casper Drive, New Berlin, Wisconsin, 53151, and the ABB INC., a corporation, organized and validly existing under the laws of the State of Delaware, acting by and through its Motion Products Division (hereinafter referred to as the “Donor”), with a place of business in the State of Wisconsin located at ______18250 W. Lincoln Avenue, New Berlin__________________________________________, Wisconsin, ____________. R E C I T A L S WHEREAS, the City operates ProHealth Care Park located at 2950 S. Sunnyslope Road in New Berlin, Wisconsin (hereinafter referred to as the “Park”); and WHEREAS, the Donor is desirous of supporting the New Berlin community through the construction of a butterfly garden to provide benefits to the City, and in particular, the users of the Park; and WHEREAS, the City is desirous of accepting the donation of the Donor. NOW, THEREFORE, based upon the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby covenant and agree as follows: 1. The Recitals set forth above are incorporated herein as though fully set forth. 2. The City does hereby grant permission to the Donor, its contractors, agents and/or assigns to enter the Park to construct a butterfly garden based upon the terms and conditions as otherwise set forth herein. 3. The parties agree that the design and specifications of the butterfly garden shall be as set forth in the attached Exhibit A; and the location of said butterfly garden within the Park shall be as designated in the attached map marked as Exhibit B. The parties agree to work together to make arrangements to finalize the specifics of the location and content of the butterfly garden. 4. The City and Donor agree that all necessary approvals and permits for such work shall be identified jointly and provided by the City prior to the commencement of construction. Construction is anticipated to take place during the 2026 construction season and will be specifically arranged for based upon the mutual consent of the parties. 5. In addition to the butterfly garden as described in Exhibit A, Donor also anticipates constructing a bench and sign identifying the Donor as the provider of this amenity. The City will allow placement of such bench and sign (if constructed) at a mutually agreed location in the Park. 6. Donor shall furnish all supplies, plants and materials necessary to create the butterfly garden, bench and sign, which shall be solely at the Donor’s expense. Donor shall obtain full final Lien Waivers from all construction contractors utilized for the construction and planting of the butterfly garden, bench and sign at the time of the completion of the project. Said Lien Waivers shall be supplied to the City for its records. 7. Donor agrees to maintain the safety of the construction area to restrict access of persons not involved in the construction process; and to appropriately guard the construction area so as to maintain the safety of park users. 1 Page 20 of 28 8. Donor agrees to obtain Waivers and Consents in a form acceptable to a n d p r o v i d e d b y the City to the extent any construction is conducted by volunteers. In the event a volunteer participant is under the age of eighteen, the Donor shall obtain consent of such person’s parent or legal guardian before such persons are allowed to participate in any construction activity. 9. In the event the Donor retains a construction contractor or landscaper to plant the butterfly garden, and construct/install the bench and sign, Donor shall retain a construction contractor reasonably acceptable to the City and said contractors shall be required by Donor to carry public or general liability insurance with limits of $1 million per occurrence and aggregate listing the City as an Additional Insured on a primary and non-contributory basis. Donor, as well as any construction contractors or subcontractors they may retain, shall to the extent of Donor’s fault, indemnify and hold the City harmless as and against any and all liabilities, claims, demands, damages, causes of action, expenses, fees, actual attorney fees, fines, penalties, suits, proceedings, actions of any kind and nature arising or growing out of, or in any way connected with the Donor’s use, occupancy, management or control of the area within the Park where the butterfly garden, bench and sign are to be constructed/installed but only for that period of time during which Donor uses, occupies, manages or controls such area during Donor’s performance under this Agreement. Donor shall not be responsible for any claims which arise from the negligence of the City, its agents, servants or employees. 10. Donor represents that it carries public or general liability insurance and shall keep said insurance in full force and effect at their sole cost, with liability limits of $1 Million per occurrence and $2 Million in the aggregate. Said policy shall provide that thirty days’ written notice shall be given to the City prior to cancelation of the terms of said policy. Clauses of such policy which indicate the insured or insurer shall endeavor to notify the City if such changes are unacceptable. Donor shall provide a certificate of insurance as evidence to the City at the time this Agreement is executed that such coverage is in full force and effect, and the City shall be named as an Additional Insured under such policy on a primary and non-contributory basis as evidenced by a blanket Policy Endorsement, but only to the extent any claims are caused by the Donor’s fault. 11. Upon the completion of the planting and construction contemplated herein, the Donor agrees to turn over custody and control of the butterfly garden, bench and sign to the City. The transfer of control and lia bility from the Donor to the City is recognized at such point and time the Donor’s authorized representative or delegate issues a written or electronic confirmation of completion and vacating of the site to the City’s authorized representative. The City shall be responsible for the maintenance of said butterfly garden, bench and sign following the City’s acceptance of these improvements. 12. This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin. 13. In no event shall Donor, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise. Donor's aggregate liability for all claims whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, shall in no case exceed the reasonable value of the donation provided by Donor. 14. This Agreement represents the complete understanding of the parties with respect to the subject matter set forth herein and may only be amended by a subsequent agreement executed by both parties. Page 21 of 28 Page 22 of 28 Dated: NEW BERLIN BUTTERFLY GARDEN - PLANTING PROPOSAL (15' x 20') Overview This planting proposal outlines a 15' x 20' (300 sq ft) butterfly garden designed for the Milwaukee, Wisconsin area (USDA Hardiness Zone 5b/6a), The garden features two Pagoda Dogwoods as small anchor trees, complemented by native nectar and host plants to support a full butterfly life cycle, All plants are Wisconsin natives or well-adapted species suited to southeastern Wisconsin's climate, This revised proposal reflects an increase from the original 15' x 15' design, adding 75 sq ft of planting space and 12 additional plants, What Changed from the 15' x 15' Proposal Item Garden Area Total Plants Materials Cost Labor (mid-range) Garden + Installation With Bench (recycled plastic) Important Note on Pagoda Dogwood Size 15' x 20' 300 sq ft 37 plants $476 $715 $1,191 $1,571 A Pagoda Dogwood (Cornus alternifolia) typically matures to 15-25 ft tall with a 20-25 ft spread, In a 15' x 20' garden, the two trees are placed at the back corners to allow the canopy to spread outward beyond the garden boundary, Regular pruning can help manage size and maintain the garden layout, Page 23 of 28 Garden Layout Plan Figure 1: Top-down planting plan for 15' x 20' Milwaukee Butterfly Garden Planting Details Trees Plant Pagoda Dogwood (Cornus alternifolia) Nectar Plants Qty 2 Placement Back corners, 15' apart Butterfly Benefit Host plant for Spring Azure; shelter and overwintering habitat These plants provide food for adult butterflies: Plant Joe-Pye Weed (Eupatorium maculatum) New England Aster (Symphyotrichum novae-angliae) Bee Balm (Monarda fistulosa) Qty 2 4 3 Height 4-7 ft 3-6 ft 2-4 ft Bloom Time Late summer-fall Late summer-fall Mid-summer Butterflies Attracted Monarchs, swallowtails, fritillaries Monarchs, painted ladies, skippers Swallowtails, skippers, fritillaries 2/5 Page 24 of 28 Plant Blazing Star (Liatris spicata) Purple Coneflower (Echinacea purpurea) Black-Eyed Susan (Rudbeckia hirta) Host Plants Qty 2 3 3 Height 2-4 ft 2-3 ft 1-3 ft Bloom Time Mid-late summer Summer Summer-fall Butterflies Attracted Swallowtails, monarchs, skippers Swallowtails, fritillaries, admirals Fritillaries, skippers, pearl crescent These plants support caterpillars for egg-laying and larval feeding: Plant Common Milkweed (Asclepias syriaca) Swamp Milkweed (Asclepias incarnata) Butterfly Milkweed (Asclepias tuberosa) Violets (Viola spp,) Stinging Nettle (Urtica dioica) - IN CONTAINER Qty 3 4 3 7 1 Height 3-5 ft 3-4 ft 1-2 ft 3-6 in 2-4 ft Placement Back-middle row Middle sides Front row Front border (ground cover) Front center (container) Host For Monarchs, fritillaries, clouded sulphur Monarchs, bronze copper, fritillaries Monarchs, coral hairstreak, fritillaries Great spangled fritillary, meadow fritillary Red admiral, Milbert's tortoiseshell Plant Count Summary Category Trees Nectar Plants Host Plants TOTAL Cost Estimate Plant Costs Species 1 (Pagoda Dogwood) 6 5 12 15' x 20' Qty 2 17 18 37 Plant Pagoda Dogwood Joe-Pye Weed New England Aster Bee Balm Category Tree Nectar Nectar Nectar Qty 2 2 4 3 Unit Price $28,50 $8,00 $8,00 $12,00 Total $57,00 $16,00 $32,00 $36,00 3/5 Page 25 of 28 Plant Blazing Star Purple Coneflower Black-Eyed Susan Common Milkweed Swamp Milkweed Butterfly Milkweed Violets Stinging Nettle + container PLANTS SUBTOTAL Category Nectar Nectar Nectar Host Host Host Host Host Qty 2 3 3 3 4 3 7 1 37 Unit Price $8,00 $8,00 $8,00 $8,00 $8,00 $8,00 $8,00 $10,00 Total $16,00 $24,00 $24,00 $24,00 $32,00 $24,00 $56,00 $10,00 $351,00 Full Cost Breakdown Item Plants (37 total) Mulch Soil Amendment/Compost Miscellaneous MATERIALS SUBTOTAL Labor - Basic ($38-51/hr) Labor - Mid-Range ($55-75/hr) Labor - Premium ($85-110+/hr) TOTAL - Basic (materials + labor) TOTAL - Mid-Range (materials + labor) TOTAL - Premium (materials + labor) Add: Recycled Plastic Bench (4 ft with back) GRAND TOTAL - Basic + Bench GRAND TOTAL - Mid-Range + Bench GRAND TOTAL - Premium + Bench Details 2 trees + 35 perennials/ground cover Additional bags for 300 sq ft Larger area coverage Stakes, container for nettle 11 hours x $45/hr 11 hours x $65/hr 11 hours x $100/hr Low-maintenance, 20+ yr lifespan Cost $351,00 $60,00 $40,00 $25,00 $476,00 $495,00 $715,00 $1,100,00 $971,00 $1,191,00 $1,576,00 $380,00 $1,351,00 $1,571,00 $1,956,00 4/5 Page 26 of 28 Seasonal Bloom Calendar Plant Pagoda Dogwood Violets Black-Eyed Susan Bee Balm Purple Coneflower Blazing Star Milkweeds (all) Joe-Pye Weed New England Aster Spring 7 (flowers) 7 Early Summer 7 7 7 7 Late Summer 7 7 7 7 7 7 7 Fall 7 (berries) 7 7 Care & Maintenance Tips Plant in full sun to maximize nectar production and butterfly activity, Avoid all chemical pesticides - use natural pest control methods only, Contain Stinging Nettle in a pot to prevent spreading, Plant Violets as ground cover throughout the front border, Milkweed plants are critical for Monarch survival - the larger garden allows for more milkweed coverage, Allow seed heads to remain through winter for overwintering insects, Add flat stones in sunny spots for butterflies to warm themselves, Consider a shallow water source (puddling station) nearby for butterflies, Source plants from local native nurseries: Johnson's Nursery (Menomonee Falls) or Prairie Moon Nursery, Wild Ones Fox Valley plant sales offer plants for as low as $6,50 each - a great way to reduce material costs, Local Plant Resources - Milwaukee Area (examples) Nursery Johnson's Nursery Prairie Moon Nursery Wild Ones Fox Valley MMSD Rain Garden Plant Sale Monches Farm Location Menomonee Falls, WI Winona, MN (ships to WI) Fox Valley, WI Milwaukee, WI Colgate, WI Notes Wisconsin natives list; 20% off in June for Wild Ones members Excellent native plant catalog; seed & plug options Annual native plant sale; $6,50/plant Very low-cost native plants; seasonal sale Great native stock; scenic location 5/5 Page 27 of 28 Overview Map Legend Approximate Donation Area ¬ City of New Berlin Department of Community Development 3805 S Casper Drive, New Berlin Wl 53151 0 The information and depictions herein have been produced using data available through photogrametric means by the City of New Berlin, The informations and depictions herein are for informational purposes and the City of New Berlin specifically disclaims accuracy in this reproduction and specifically admonishes and advises that any and all depiction, measurements, distances depicted herein and as to which specific or precise accuracy is required should be determined by procurement of certified maps, surveys, plats, Flood 75 1 in = 150 ft 150 Feet (262) 797-2445 www.newberlin.org Insurance Studies, or other official means, Map Printed: 7/16/2026 9:11:25 AM Page 28 of 28