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Common Council Agenda Packet - 7:30 PM

City of Oconomowoc · Waukesha County · meeting of Aug 4, 2026 · Agenda packets

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REVISED City of Oconomowoc Common Council Tuesday, August 04, 2026 - 7:30 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in an accessible format, call the City Clerk’s office at least 48 hours in advance to request adequate accommodations. Tel: (262) 569-2186 1. Call to order and confirmation of appropriate meeting notification 2. Pledge of Allegiance 3. Roll Call 4. Approval of Meeting Minutes a. Minutes of July 21, 2026 5. Comments/Suggestions from Citizens 6. Consent Agenda (Items listed under the Consent Agenda are considered in one motion - a Council member may request to remove an item): a. Resolution 26-R3388, Award of Contract for Evaluation and Preliminary Design - WWTF b. Easements on Pabst Farms Boulevard 7. New Business a. Discuss Draft Ordinances Associated with Ebikes b. Consider/act on Amendments to Reserve Policy c. Discussion Regarding Squad and Body Camera Cost Options d. Consider/act on Resolution 26-R3390 Disallowing Claim from Timothy Kay 8. Staff Reports 9. Reports and Comments from the Aldermen 10. Reports and Comments from the Mayor a. Proclamation - Lake Area Free Clinic 11. Adjourn 1 1 Common Council - July 21, 2026 City of Oconomowoc Common Council Meeting Minutes July 21, 2026 - 7:30 PM Aldermen Present: Karen Spiegelberg, April Welch, Charles Schellpeper, Lou Kowieski, Erik Jungwirth, Zachary Frankowski, Jennifer Aultman Kloth, Kevin Ellis Also Present: Matt Rosek, Stan Riffle, Mark Frye, Tina Wallace, Robert Duffy, Jason Gallo, Kevin Kaari, James Pfister, Brad Timm, Tim Reel, Steve Hatton, Ivan Lam Mayor Rosek called the Common Council Meeting to order at 7:37 PM and appropriate meeting notice was confirmed. Pledge of Allegiance Roll Call Public Hearing a. Public Hearing - The Social CUP The purpose is to hear public comment for a Conditional Use Permit allowing general outdoor recreation- commercial, located at 1340 Snyder Way. The land was formerly addressed as 965 Cannon Gate Road and was used as the Olympia Resort Ski Chalet building. Per the Table of Allowable Uses within Section 17.106 of the Oconomowoc Zoning Code, general outdoor recreation- commercial use requires a Conditional Use Permit in the GC – General Commercial Zoning District. The applicant is requesting to operate outdoor activities, including up to 36 holes of miniature golf, aerial trek ropes course, net park, 12-tube hill slide park, climbing walls, zip line, bounce pad areas, other family games, and to host outdoor events on the roof-top of the existing building, such as weddings and related events. All activities are classified as general outdoor recreation-commercial, within the Zoning Ordinance. The Public Hearing opened at 7:39 PM. Gallo gave an overview PowerPoint presentation. Lynne Wright, 707 marigold St. and James Phelp, 1355 Kari Ct. #211 are concerned with noise and rooftop capacity. Nancy Corcoran, President of the Vacation Owners Association, 1061 Regent Rd #602, is concerned with traffic going through their private parking lot, noise level and lighting. No other comments were received. The Public Hearing closed at 7:58 PM. Approval of Meeting Minutes a. Minutes of June 16, 2026 Motion to approve the Council minutes of June 16, 2026 made by Ellis and seconded by Welch. Motion carried 8-0-0. Comments/Suggestions from Citizens Michael Beatty, 1048 Saratoga Ct, stated he would like clarification on where scooters, ebikes, etc. can ride downtown and he is also concerned with future water quality. Without Objection item 10.a. was moved up Mayoral Appointments with Council Confirmation a. Mayoral Appointment with Council Confirmation Motion to confirm the Mayor's appointment as presented made by Schellpeper and seconded by Kowieski. Motion carried 8-0-0. 2 2 Common Council - July 21, 2026 Without objection New Business items 9.a., 9.b. & 9.e. were moved up a. Consider/recommend Resolution 26-R3383 for WPPI Long Term Power Supply Contract Extension Frye stated he highly recommends extending the contract. Council would like to see a written WPPI policy on Data Centers for municipalities to reference. Motion to adopt Resolution 26-R3383 for WPPI Long Term Power Supply Contract Extension made by Spiegelberg and seconded by Ellis. Motion carried 8-0-0. b. 2025 City of Oconomowoc Audit Results Presentation Hatton outlined the reports provided to Council. Paul Frantz, from Baker Tilly, provided an overview of the audit and financial statements included in the packet. e. Hearing on Intent of Revocation for the 2026-2027 Class B Fermented Malt Beverage and Class C Wine license for Pub Summit LLC The hearing opened at 8:27 pm. City Attorney Riffle introduced the Defendants Attorney, Atty. David Halbrooks (Milwaukee). Riffle stated they have discussed this situation, and they are prepared to waive the Public Hearing with a stipulated set of facts. The stipulated facts are as follows: they would agree with everything in the sworn complaint that was filed by Chief Pfister on June 23,2026, except for one allegation, under the 5th bullet point, “gaming machines appear to be the only active operation; numerous receipts were found in the interior garbage”. Motion to accept the stipulations made by Aultman Kloth and seconded by Ellis. Motion carried 8-0-0. Riffle stated Council has the right to revoke the two licenses in question because they had no license bartender on duty when the place was open and there was clear evidence that they had not commenced business from the time that they opened until today. Under city ordinance 12.04(5)(K) you must commence business within 180 days of issuance of the licenses. They violated 125.32(3)m because they did not secure the license premise. Riffle stated there is an option under city ordinance that they can ask for clemency to fix everything and ask for a 90-day extension. The hearing closed at 9:05 PM. Council discussed the revocation of the licenses. Mayor suggested a motion to accept the proposal from Council for 30 days and check back and see and hold the revocation obeyance for the 30 days while that occurs. The other motion would be to revocate. Motion to revoke the licenses that the facts are stipulated as provided in the complaint with the exceptions that there was no license operator on duty pursuant to WI Statute 125.68(2); the tavern never commenced after issuance of the licenses; and there was a failure to secure the license premises as provided by ordinance made by Aultman Kloth and seconded by Ellis. Motion carried 8-0-0. Consent Agenda (Items listed under the Consent Agenda are considered in one motion - a Council member may request to remove an item): Motion to approve the Consent Agenda made by Aultman Kloth and seconded by Ellis. Motion carried 8-0-0. a. Treasurer's Report 1. Treasurer's Report and Financials - June 2026 2. Resolution 26-R3385 Approving 2nd Quarter 2026 Grants, Donations and Budget Amendments b. Licenses 1. License Approvals - Amusement Operator 3 3 Common Council - July 21, 2026 2. Amending 2026 - 2027 Taxicab License for Oconomowoc Silver Streak 3. Resolution 26-R3384 Granting a New 2026-2027 “Class A” Intoxicating Liquor/Fermented Malt Beverage License for Costco Wholesale (Costco Wholesale #1803) c. Resolution 26-R3382 for the Awarding of Distribution Equipment Painting d. Certified Survey Map for Caribou Coffee to divide one lot into two, located at 1445 Olympia Fields Drive. e. Resolution 26-R3386, Replacement of Lift Station/Flow Meter Communication Devices Plan Commission a. Consider/act on the conditional use permit to allow Outdoor Recreation - Commercial for the Social, located at 1340 Snyder Way. Gallo stated they will work with the developer on the sound levels, the lighting plan does conform, signs will be posted for construction traffic through the development, and the capacity of the roof is to be determined. Matt Neumann stated this is for 3 season family activities, will have a main stage on the roof far northwest corner, west side restrooms and bar like a beer garden and temporarily staging for small bands and phase 1 parking with 280 stalls and 120 on the road with room to expand parking. Council discussed the following: noise levels, lighting, sound, construction traffic on Regent Rd, parking, hours of operation and the timeline. Neumann stated the timeline for completion is to have the 10 courts for pickleball open by December 1st, coffee shop\cafe will be open around the same time, the rest of the building opening sometime in the first quarter of next year and the hill by Memorial Day. Motion to approve the Conditional Use Permit to allow Outdoor Recreation - Commercial for the Social, located at 1340 Snyder Way made by Kowieski and seconded by Aultman Kloth. Motion carried 7-0-1. Voted no: Welch. New Business c. Consider/act on Resolution of Necessity 26-R3387 for 121 Cross Street, 110 and 118 Silver Lake Plaza Frye stated this resolution is required before staff can have any discussions with the property owner. He stated the property owner already indicated a willingness to sell the 3 parcels. Motion to adopt Resolution of Necessity 26-R3387 for 121 Cross St. and 110 and 118 Silver Lake Plaza made by Kowieski and seconded by Spiegelberg. Motion carried 8-0-0. d. Consider/act on the Acceptance of the Jurisdictional Transfer of Pabst Farms Blvd from the Village of Summit Frye stated accepting this transfer would allow just one municipal entity to be responsible for the signalized intersection. This adds 800 ft from the Costco driveway to the roundabout. Riffle stated this agreement is conditioned upon a new easement being granted to the village as well as an easement agreement where they have private streets that they are required to maintain and keep open for vehicular traffic. Motion to approve the Acceptance of the Jurisdictional Transfer of Pabst Farms Blvd. from the Village of Summit with some minor changes as necessary for easements or otherwise and that the final document be sent to us upon completion made by Kowieski and seconded by Ellis. Motion carried 8-0-0. Reports and Comments from the Aldermen Aultman Kloth invited everyone out to Piggly Wiggly on Sunday, July 26 for the Brat Fry for Oconomowoc Citizens on Patrol from 10 am - 3 pm. Kowieski stated this Saturday is the Lake Country Tri event and Wisconsin Ave will be closed. 4 4 Common Council - July 21, 2026 Reports and Comments from the Mayor Mayor thanked everyone for attending tonight’s meeting. Closed Session a. Closed Session Motion to go into Closed Session with staff, pursuant to §19.85(1)(a), Wis. Stats. The purpose of the meeting is to confer with legal counsel who is rendering written advice concerning strategy to be adopted with respect to litigation in which it is or is likely to become involved in as authorized under §19.85(1)(g), Stats. Specifically, to be discussed is potential litigation associated with the Notice of Claim submitted by Timothy Kay and pending litigation concerning the excessive assessment lawsuit between Fleet Farm and the City made by Ellis and seconded by Welch. Motion carried 8-0-0. Council convened into Closed Session in Conference Room 3 at 10:04 PM. Motion to adjourn closed session made by Kowieski and seconded by Welch at 10:22 PM. Motion carried 8-0-0. Adjourn Motion to adjourn made by Kowieski and seconded by Aultman Kloth. Motion carried 8-0-0. The meeting adjourned at 10:22 PM. Minutes taken by Tina Wallace, Admin. Assistant 5 1 MEMORANDUM DEPARTMENT - WASTEWATER Date: August 4, 2026 To: Mayor, Common Council and Utility Committee From: Tim Reel, Wastewater Operations Manager Re: Consider / act on Resolution 26-R3388, Award of Evaluation and Preliminary Design - WWTF RELATES TO THE STRATEGIC PLAN Strategic Goal- II. Improve and Maintain our Infrastructure/Facilities BACKGROUND In November of 2025 we presented the Wastewater Utility Facility Planning document to the Common Council. This document provided a high-level overview of improvements which should be considered, at varying priority levels, within the next 20 years. On April 21, 2026 we shared with Common Council our proposal to seek an intermediate, Evaluation and Preliminary Design step, prior to final design as we work towards a facility upgrade. The goal of this effort will be to provide more clarity and detail on specific topics for the next engineering step. Had we elected to move directly into a final design phase, as is more traditional, it would have been very difficult to identify clear and concise process and project limits. This would likely translate into increased difficulty and variation with engineer proposals and potentially higher costs. An RFP for Evaluation and Preliminary Design was both advertised and shared with qualified consultants. Nineteen parties initially showed interest in the project. Nine consultants scheduled the required walk through of the facility and six consultants provided proposals on or before June 19, 2026. The proposals were reviewed and ranked by Utility staff, various Department Heads and the City Administrator. All consulting firms met the minimum scoring value necessary to open the cost proposal envelopes. The following table shows the ranking summary. Consultant Total Points Proposal Cost Overall Rank Delta from Low Technical Rank Donohue & Associates 108 $ 280,590.00 1 $ 42,190.00 3 Carollo 98 $ 985,900.00 5 $747,500.00 1 Baxter Woodman 88 $ 749,531.00 6 $511,131.00 5 Ruekert Mielke 98 $ 315,597.00 4 $ 77,197.00 6 Trotter & Associates 104 $ 473,400.00 3 $235,000.00 2 Applied Tech. 107 $ 238,400.00 2 $ - 4 6 2 In reviewing the summary table you can see we had a significant variation in proposal costs. We reviewed the hours associated with the proposals and found the costs to be consistent and correlated to the overall project costs. Additionally, the average overall technical scores did follow suit with costs. Meaning the higher quality proposals came with a higher cost. In this specific case, the large variation in cost did impact the overall ranking. In following with the process which has been adopted by the City of Oconomowoc, it is our recommendation to award the Evaluation and Preliminary Design Project to Donohue and Associates of Sheboygan, WI in the amount of $280,590.00. Donohue specializes in wastewater, water and stormwater infrastructure projects and has met all conditions of the RFP to include acknowledgement of two addendums presented throughout. ADDITIONAL ANALYSIS No contingency will be sought as part of this project. FINANCIAL IMPACT Funds for this project were budgeted for in the 2026 Capital Improvement Plan, Work Order # 126008. STAFF RECOMMENDATION Staff recommend approval of the contract with Donohue and Associates, Inc. in the amount of $280,590.00. SUGGESTED COUNCIL MOTION Motion to approve Resolution 26-R3388. U:/COMMITTEE – Util/Recommendations/2026/Memo-Evaluation Preliminary Design 8.4.26 7 Resolution No. 26-R3388 Resolution for Award of Evaluation and Preliminary Design Project - WWTF WHEREAS, the City of Oconomowoc has acknowledged updates are necessary to maintain the resiliency and long-term reliability of the Wastewater Treatment Facility; and WHEREAS, the Utility has positioned itself for these improvements through prior completion of a Facility Plan; and WHEREAS, the Utility has solicited proposals for an intermediate design step from qualified engineering consultants; and WHEREAS, six qualifying consultants provided proposals which have been reviewed and ranked by various City staff members and whose results below have been shared with Common Council; and Consultant Total Points Proposal Cost Overall Rank Delta from Low Technical Rank Donohue & Associates 108 $ 280,590.00 1 $ 42,190.00 3 Carollo 98 $ 985,900.00 5 $747,500.00 1 Baxter Woodman 88 $ 749,531.00 6 $511,131.00 5 Ruekert Mielke 98 $ 315,597.00 4 $ 77,197.00 6 Trotter & Associates 104 $ 473,400.00 3 $235,000.00 2 Applied Tech. 107 $ 238,400.00 2 $ - 4 WHEREAS, the highest ranked proposal was received from Donohue and Associates, Inc. of Sheboygan, WI in the amount of $280,590.00. NOW THEREFORE, BE IT HEREBY RESOLVED, in following the City of Oconomowoc’s policy for project award, staff recommend the award of the Evaluation and Preliminary Design Project to Donohue and Associates, Inc. BE IT FURTHER RESOLVED, work described in this resolution is within budget and cost allocations will be directed to Work Order #126008, Wastewater Utility account 601-573-7000- 210, Capital Projects – Outside Services. DATED: CITY OF OCONOMOWOC By: _____________________________ Matt Rosek, Mayor ATTEST: Gina Kozlik, Clerk 8 O:\Developments\25- Pabst Farms Drainage Improvements (Costco off Site Pipe)\Easements\Memo - Pabst Farms Blvd Easements.docx1 MEMORANDUM DEPARTMENT - PUBLIC WORKS Date: August 4, 2026 To: Mayor and Common Council From: Jason Herzog P.E., City of Oconomowoc Re: City of Oconomowoc Easements along Pabst Farms Blvd at the Costco Entrances - OCOC0630999022 & SUMT0629998012 RELATES TO THE STRATEGIC PLAN n/a BACKGROUND These easements are needed to outline two storm sewer easements along Pabst Farms Blvd, west of N Sawyer Rd, abutting land owned by Pabst Farms Land Company C, LLC & Costco. There are 5 traffic signal easements, 1 electrical easement, and 2 utility easements ADDITIONAL ANALYSIS n/a FINANCIAL IMPACT n/a RECOMMENDATION Staff recommend approval of the easements. SUGGESTED MOTION Consent agenda item: Move to approve the consent agenda. 9 Document Number UTILITY EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Utility Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company I, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive utility easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description attached hereto as Exhibit B and shown on the sketch attached hereto as Exhibit B-1 (the “Utility Easement Area”). OCOC0630999024 Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove municipal utility facilities for electric, water and sanitary sewer lines, and their related fixtures, equipment, and appurtenances that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. During the period of construction or installation of any such utility facilities within the Easement Area, the City shall have a temporary construction easement over the Easement Area. Such temporary construction easement shall expire upon the completion of the construction or installation of any such utility facilities within the Easement Area and restoration of all affected portions of the Property pursuant to Section 4 below. 2. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 10 3. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. Grade shall not change greater than 6-in without written approval from City. The Owner shall keep the Utility Easement Area free of obstructions in a reasonable manner to allow access to the utilities located therein. No permanent structures shall be located within the Easement. The Owner shall keep Easement free of obstructions, and clear snow in a reasonable manner to allow access to utilities. Snow shall be cleared around all hydrants within 24-hours of a snow event. 4. Maintenance; Restoration of Surface. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of any utility facilities located within the Easement Area pursuant to the grant of this Easement. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Utility Easement Area in neat and orderly repair at no expense to the City. 5. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 6. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 7. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 8. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 9. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 10. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 11 11. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 12. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 13. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. 14. Severability. If any term or condition of this Declaration or the application of this Declaration to any person or circumstance shall be deemed invalid or unenforceable, the remainder of this Declaration or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. [Signature Pages Follow] 12 OWNER’S SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT DATED:____________________ Owner: PABST FARMS LAND COMPANY I, LLC, a Wisconsin limited liability company By:_________________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of PABST FARMS LAND COMPANY I, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 Instrument Reviewed by H. Stanley Riffle, Esq. City Attorney 13 61311642v1 CITY’S SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 14 61311642v1 Exhibit A Legal Description of Property For informational purposes only: OCOC0630999024 15 61311642v1 Exhibit B Legal Description of Utility Easement Area 16 61311642v1 Exhibit B-1 Depiction of Utility Easement Area 17 Document Number ELECTRIC UTILITY EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Electric Utility Easement Agreement is entered into by and among PABST FARMS LAND COMPANY I, LLC, a Wisconsin limited liability company (“PFLC”), STONEBRIDGE CAPITAL UNIT II, LLC (“SCU” and together with PFLC referred to herein as an “Owner” and the “Owners”) and the City of Oconomowoc (the “City). RECITALS: A. PFLC is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A1 attached hereto. B. SCU is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A2 attached hereto. C. The City has requested that the Owners grant a non- exclusive permanent easement (the “Easement”) over, under and across a portion of the Owners’ properties that is legally described on Exhibit B attached hereto and generally depicted on the sketch attached hereto as Exhibit B1 (the “Utility Easement Area”). OCOC0630999023 and OCOC0630999024Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement. Subject to the terms of this Agreement, the Owners grant to the City and its licensees a perpetual non-exclusive easement and right-of-way to construct, reconstruct, maintain, operate, supplement and/or remove electric facilities consisting of cables, wires, and other related fixtures, equipment and appurtenances within the Utility Easement Area that may from time to time be required, with the right of reasonable ingress and egress for the purpose of this grant. All electric cable shall be located below grade. 18 ELECTRIC UTILITY EASEMENT AGREEMENT City of Oconomowoc 2. Indemnification. The City shall indemnify the Owners from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on their respective properties pursuant to the grant of this Easement. 3. Consistent Uses Allowed. The Owner reserves the right to use the Utility Easement Area for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation: (a) the granting and use of easements, including easements for utilities, roadways, paths and trails, and storm sewers, and (b) the construction of improvements including without limitation sidewalks, driveways, landscaping and signage. The grade of the Utility Easement Area shall not be changed more than 6 inches without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. Any transformers located in the Utility Easement Area shall have 10 feet of clearance on their front and 3 feet of clearance on their sides. The Owners shall keep the Utility Easement Area reasonably free of obstructions to allow access to any transformers located therein. 4. Maintenance; Restoration of Surface. The City shall be responsible, at the City’s sole cost, for the ongoing maintenance and repair of any utility facilities that may from time to time be located within the Utility Easement Area pursuant to the grant of this Easement. The City shall restore the surface disturbed by any construction or maintenance activities on the Owners’ properties to the condition existing immediately prior to such disturbance excluding, however, colored or stamped concrete, trees, shrubs, or any decorative landscaping. 5. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owners and the City and their respective successors and assigns. 6. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 7. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 8. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 9. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 10. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any 19 ELECTRIC UTILITY EASEMENT AGREEMENT City of Oconomowoc breach of any other terms or conditions of this Agreement. 11. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 12. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. 13. Severability. If any term or condition of this Agreement or the application of this Agreement to any person or circumstance shall be deemed invalid or unenforceable, the remainder of this Agreement or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. [Signature Pages Follow] 20 ELECTRIC UTILITY EASEMENT AGREEMENT City of Oconomowoc IN WITNESS WHEREOF, PFLC has executed this Agreement as of the date noted below. PABST FARMS LAND COMPANY I, LLC, a Wisconsin limited liability company DATED:____________________ By:_____________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of PABST FARMS LAND COMPANY I, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ 21 ELECTRIC UTILITY EASEMENT AGREEMENT City of Oconomowoc IN WITNESS WHEREOF, SCU has executed this Agreement as of the date noted below. STONEBRIDGE CAPITAL UNIT II, LLC a Wisconsin limited liability company DATED:____________________ By:_____________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of STONEBRIDGE CAPITAL UNIT II, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ 22 IN WITNESS WHEREOF, the City has executed this Agreement as of the date noted below. DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, Clerk to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument drafted by: City of Oconomowoc Utilities Instrument Reviewed by : H. Stanley Riffle, City Attorney 23 Exhibit A1 Legal Description of PFLC Property For informational purposes only: Tax Key: OCOC0630999024 Address: PABST FARMS BLVD 24 ELECTRIC UTILITY EASEMENT AGREEMENT City of Oconomowoc Exhibit A2 Legal Description of SCU Property Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest One- quarter (1/4) and Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11), and lands in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southeast One-quarter (1/4) and Southwest One-quarter (1/4) of the Northwest One-quarter (1/4) of Section Fourteen (14), and land in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One- quarter (1/4) of the Southwest One-quarter (1/4) of Section Fourteen (14), and lands in the Northwest One- quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Fourteen (14), and lands in the Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the City of Oconomowoc, County of Waukesha, State of Wisconsin, recorded in the Office of the Register of Deeds for Waukesha County, Wisconsin on April 25, 2001 in Volume 83 of Certified Survey Maps at pages 35 to 38 inclusive, as Document No. 2647598 and corrected by an Affidavit of Correction recorded on July 29, 2002 as Document No. 2825933, Lying South of Pabst Farms Boulevard. Excepting therefrom those lands conveyed to the Wisconsin Department of Transportation in a Warranty Deed, recorded on September 11, 2002, as Document No. 2843790. Also Excepting therefrom those lands conveyed to the State of Wisconsin, Department of Transportation in a Quit Claim Deed recorded as Document No. 3585446 and corrected by an Affidavit of Correction recorded on May 4, 2009 as Document No. 3652315 and in a Quit Claim Deed recorded as Document No. 3585448 and corrected by an Affidavit of Correction recorded on May 4, 2009, as Document No. 3652315. Also excepting therefrom those lands conveyed in a Warranty Deed recorded on December 21, 2010, as Document No. 3802544. Also excepting those lands included in Certified Survey Map No. 12723, recorded on September 15, 2025 in Book 133, pages 237-242 inclusive, as Document No. 4836784. For informational purposes only: Tax Key: OCOC0630999023 Address: PABST FARMS BLVD 25 Exhibit B Legal Description of Utility Easement Area 26 Exhibit B1 Depiction of Utility Easement Area 27 Document Number STORM SEWER EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Storm Sewer Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company C, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the Village of Summit, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive storm sewer easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). SUMT0629998012 Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove storm sewer lines and facilities and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. 2. Installation and Maintenance. Grantor shall be responsible, at Grantor’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 28 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any 29 person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 30 OWNER’S SIGNATURE PAGE TO STORM SEWER EASEMENT AGREEMENT DATED:____________________ Owner: PABST FARMS LAND COMPANY C, LLC, a Wisconsin limited liability company By:_________________________________ Brian Bell, its Authorized Signatory ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Authorized Signatory of PABST FARMS LAND COMPANY C, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 31 61312113v1 CITY’S SIGNATURE PAGE TO STORM SEWER EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 32 61312113v1 Exhibit A Legal Description of Property Lot Three (3) of CERTIFIED SURVEY MAP NO. 11510, being a division of part of the Northeast One-quarter (1/4), Southeast One-quarter (1/4), Southwest One-quarter (1/4) and Northwest One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Fourteen (14), part of the Northeast One-quarter (1/4), Southeast One- quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Eleven (11), part of the Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11) and part of the Northeast One-quarter (1/4), Southeast One-quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the Village of Summit, Waukesha County, Wisconsin, recorded in the office of the Register of Deeds for Waukesha County on December 28, 2016 in Book 114, Pages 310-319, inclusive, as Document No. 4254132. For informational purposes only: Tax Key No. SUMT0629998012 33 61312113v1 Exhibit B Legal Description and Depiction of Easement Area 34 61343841v1 Document Number TRAFFIC SIGNAL EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Traffic Signal Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company I, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive traffic signal easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). See Exhibit A attached hereto Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove a traffic signal facility and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. Notwithstanding the foregoing, the City’s rights or exercise of its rights hereunder shall not unreasonably interfere with or hinder or permanently diminish the Owner’s driveway and access drives to be located within the Easement Area including Owner’s right to access, replace, update, upgrade, repair, and maintain the same. 2. Installation and Maintenance. Owner shall be responsible, at Owner’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 35 61343841v1 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. The City, in the exercise of its rights under this Agreement, agrees to minimize impacts to access to and from the Property utilizing the driveway and access drives to be located within the Easement Area in the same manner that Grantee would address such impacts to the public right of way. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 36 61343841v1 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 37 61343841v1 OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:____________________ PABST FARMS LAND COMPANY I, LLC By:_________________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of PABST FARMS LAND COMPANY I, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 ‘ 38 61343841v1 CITY’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 39 61343841v1 Exhibit A Legal Description of Property Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest One- quarter (1/4) and Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11), and lands in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southeast One-quarter (1/4) and Southwest One- quarter (1/4) of the Northwest One-quarter (1/4) of Section Fourteen (14), and land in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One- quarter (1/4) of the Southwest One-quarter (1/4) of Section Fourteen (14), and lands in the Northwest One- quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Fourteen (14), and lands in the Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the City of Oconomowoc, County of Waukesha, State of Wisconsin, recorded in the Office of the Register of Deeds for Waukesha County, Wisconsin on April 25, 2001 in Volume 83 of Certified Survey Maps at pages 35 to 38 inclusive, as Document No. 2647598 and corrected by an Affidavit of Correction recorded on July 29, 2002 as Document No. 2825933. Excepting therefrom those lands conveyed to the Wisconsin Department of Transportation in a Warranty Deed, recorded on September 11, 2002, as Document No. 2843790. Excepting therefrom those lands conveyed to the State of Wisconsin, Department of Transportation in a Quit Claim Deed recorded as Document No. 3585446 and corrected by an Affidavit of Correction recorded on May 4, 2009 as Document No. 3652315 and in a Quit Claim Deed recorded as Document No. 3585448. Also excepting therefrom those lands conveyed in a Warranty Deed recorded on December 21, 2010, as Document No. 3802544 Further excepting therefrom those lands conveyed to the City of Oconomowoc in a Warranty Deed recorded as Document No. 3916982 and in a Warranty Deed recorded on May 9, 2012, as Document No. 3916983. Further excepting therefrom those lands being conveyed to the City of Oconomowoc for a well site in a Warranty Deed recorded on November 6, 2012, as Document No. 3964438. Further excepting therefrom those lands conveyed in a Warranty Deed recorded on July 31, 2007 as Document No. 3501541. Tax Key No. OCOC0630999016 40 61343841v1 Exhibit B Legal Description and Depiction of Easement Area 41 61343571v1 Document Number TRAFFIC SIGNAL EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Traffic Signal Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company C, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the Village of Summit, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive traffic signal easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). See Exhibit A attached hereto Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove a traffic signal facility and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. Notwithstanding the foregoing, the City’s rights or exercise of its rights hereunder shall not unreasonably interfere with or hinder or permanently diminish the Owner’s driveway and access drives to be located within the Easement Area including Owner’s right to access, replace, update, upgrade, repair, and maintain the same. 2. Installation and Maintenance. Owner shall be responsible, at Owner’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 42 61343571v1 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. The City, in the exercise of its rights under this Agreement, agrees to minimize impacts to access to and from the Property utilizing the driveway and access drives to be located within the Easement Area in the same manner that Grantee would address such impacts to the public right of way. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 43 61343571v1 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 44 61343571v1 OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:____________________ PABST FARMS LAND COMPANY C, LLC By:_________________________________ Brian Bell, its Authorized Signatory ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Authorized Signatory of PABST FARMS LAND COMPANY C, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 45 61343571v1 CITY’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 46 61343571v1 Exhibit A Legal Description of Property Lot Two (2) of CERTIFIED SURVEY MAP NO. 11510, being a division of part of the Northeast One-quarter (1/4), Southeast One-quarter (1/4), Southwest One-quarter (1/4) and Northwest One-quarter (1/4) of the Northeast One- quarter (1/4) of Section Fourteen (14), part of the Northeast One-quarter (1/4), Southeast One- quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Eleven (11), part of the Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11) and part of the Northeast One- quarter (1/4), Southeast One-quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the Village of Summit, Waukesha County, Wisconsin, recorded in the Office of the Register of Deeds for Waukesha County on December 28, 2016 in Book 114, Pages 310-319, inclusive, as Document No. 4254132. Tax Key No. SUMT0629998011 47 61343571v1 Exhibit B Legal Description and Depiction of Easement Area 48 61343210v1 Document Number TRAFFIC SIGNAL EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Traffic Signal Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company C, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the Village of Summit, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive traffic signal easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). See Exhibit A attached hereto Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove a traffic signal facility and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. Notwithstanding the foregoing, the City’s rights or exercise of its rights hereunder shall not unreasonably interfere with or hinder or permanently diminish the Owner’s driveway and access drives to be located within the Easement Area including Owner’s right to access, replace, update, upgrade, repair, and maintain the same. 2. Installation and Maintenance. Owner shall be responsible, at Owner’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 49 61343210v1 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. The City, in the exercise of its rights under this Agreement, agrees to minimize impacts to access to and from the Property utilizing the driveway and access drives to be located within the Easement Area in the same manner that Grantee would address such impacts to the public right of way. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 50 61343210v1 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 51 61343210v1 OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:____________________ PABST FARMS LAND COMPANY C, LLC By:_________________________________ Brian Bell, its Authorized Signatory ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Authorized Signatory of PABST FARMS LAND COMPANY C, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 52 61343210v1 CITY’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 53 61343210v1 Exhibit A Legal Description of Property Lot Three (3) of CERTIFIED SURVEY MAP NO. 11510, being a division of part of the Northeast One- quarter (1/4), Southeast One-quarter (1/4), Southwest One-quarter (1/4) and Northwest One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Fourteen (14), part of the Northeast One-quarter (1/4), Southeast One- quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Eleven (11), part of the Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11) and part of the Northeast One-quarter (1/4), Southeast One-quarter (1/4) and Southwest One-quarter (1/4) of the Southeast One- quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the Village of Summit, Waukesha County, Wisconsin, recorded in the office of the Register of Deeds for Waukesha County on December 28, 2016 in Book 114, Pages 310-319, inclusive, as Document No. 4254132. Tax Key No. SUMT0629998012 54 61343210v1 Exhibit B Legal Description and Depiction of Easement Area 55 61343716v1 Document Number TRAFFIC SIGNAL EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Traffic Signal Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company I, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive traffic signal easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). See Exhibit A attached hereto Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove a traffic signal facility and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. Notwithstanding the foregoing, the City’s rights or exercise of its rights hereunder shall not unreasonably interfere with or hinder or permanently diminish the Owner’s driveway and access drives to be located within the Easement Area including Owner’s right to access, replace, update, upgrade, repair, and maintain the same. 2. Installation and Maintenance. Owner shall be responsible, at Owner’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 56 61343716v1 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the construction of improvements including without limitation sidewalks, driveways, landscaping and signage within the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. The City, in the exercise of its rights under this Agreement, agrees to minimize impacts to access to and from the Property utilizing the driveway and access drives to be located within the Easement Area in the same manner that Grantee would address such impacts to the public right of way. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 57 61343716v1 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 58 61343716v1 OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:____________________ PABST FARMS LAND COMPANY I, LLC By:_________________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of PABST FARMS LAND COMPANY I, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 ‘ 59 61343716v1 CITY’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 60 61343716v1 Exhibit A Legal Description of Property Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest One- quarter (1/4) and Southeast One-quarter (1/4) of the Southwest One-quarter (1/4) of Section Eleven (11), and lands in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southeast One-quarter (1/4) and Southwest One- quarter (1/4) of the Northwest One-quarter (1/4) of Section Fourteen (14), and land in the Northwest One-quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One- quarter (1/4) of the Southwest One-quarter (1/4) of Section Fourteen (14), and lands in the Northwest One- quarter (1/4), Northeast One-quarter (1/4), Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Fourteen (14), and lands in the Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Seventeen (17) East, in the City of Oconomowoc, County of Waukesha, State of Wisconsin, recorded in the Office of the Register of Deeds for Waukesha County, Wisconsin on April 25, 2001 in Volume 83 of Certified Survey Maps at pages 35 to 38 inclusive, as Document No. 2647598 and corrected by an Affidavit of Correction recorded on July 29, 2002 as Document No. 2825933. Excepting therefrom those lands conveyed to the Wisconsin Department of Transportation in a Warranty Deed, recorded on September 11, 2002, as Document No. 2843790. Excepting therefrom those lands conveyed to the State of Wisconsin, Department of Transportation in a Quit Claim Deed recorded as Document No. 3585446 and corrected by an Affidavit of Correction recorded on May 4, 2009 as Document No. 3652315 and in a Quit Claim Deed recorded as Document No. 3585448. Also excepting therefrom those lands conveyed in a Warranty Deed recorded on December 21, 2010, as Document No. 3802544 Further excepting therefrom those lands conveyed to the City of Oconomowoc in a Warranty Deed recorded as Document No. 3916982 and in a Warranty Deed recorded on May 9, 2012, as Document No. 3916983. Further excepting therefrom those lands being conveyed to the City of Oconomowoc for a well site in a Warranty Deed recorded on November 6, 2012, as Document No. 3964438. Further excepting therefrom those lands conveyed in a Warranty Deed recorded on July 31, 2007 as Document No. 3501541. Tax Key No. OCOC0630999016 61 61343716v1 Exhibit B Legal Description and Depiction of Easement Area 62 61343917v1 Document Number TRAFFIC SIGNAL EASEMENT AGREEMENT Recording Area Name and Return Address: City Clerk City of Oconomowoc 174 East Wisconsin Ave. Oconomowoc, WI 53066______ This Traffic Signal Easement Agreement (“Agreement”) is entered into by Pabst Farms Land Company I, LLC (the “Owner”), and the City of Oconomowoc (the “City”). RECITALS: A. The Owner is the fee holder of certain real property in the City of Oconomowoc, Waukesha County, Wisconsin, as more particularly described on Exhibit A attached hereto. B. The City has requested that the Owner grant a permanent non-exclusive traffic signal easement (the “Easement”) over, under and across a portion of Owner’s property, which Easement is described on the legal description and shown on the sketch, both of which are attached hereto as Exhibit B (the “Easement Area”). See Exhibit A attached hereto Parcel Identification Number (PIN) AGREEMENT: For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements. Subject to the terms of this Agreement, the Owner grants to the City a perpetual non-exclusive easement to construct, reconstruct, repair, maintain, operate, inspect and remove a traffic signal facility and related fixtures, equipment, and appurtenances (collectively, “Facilities”) that may from time to time be required, with the right of ingress and egress over the Easement Area for the purpose of this grant. Notwithstanding the foregoing, the City’s rights or exercise of its rights hereunder shall not unreasonably interfere with or hinder or permanently diminish the Owner’s driveway and access drives to be located within the Easement Area including Owner’s right to access, replace, update, upgrade, repair, and maintain the same. 2. Installation and Maintenance. Owner shall be responsible, at Owner’s cost, for the initial installation of the Facilities within the Easement Area. The City, however, shall be responsible, at the City’s cost, for the ongoing maintenance and repair of the Facilities within the Easement Area. 63 61343917v1 3. Indemnification. The City shall indemnify the Owner from and against all loss, costs, injury, death or damage to persons or property that at any time during the term of this Agreement may be suffered or sustained by any person or entity in connection with the City’s activities conducted on the Property. 4. Consistent Uses Allowed. The Owner reserves the right to use the Easement for purposes that will not unreasonably interfere with the City’s full enjoyment of the Easement rights granted in this Agreement including without limitation the granting and use of easements, including easements for utilities, roadways, paths and trails, storm sewers and the construction of improvements including without limitation sidewalks, driveways, landscaping and signage in the Easement Area. The Owner shall keep the Easement Area free of obstructions in a reasonable manner to allow access to the Facilities located therein. The City, in the exercise of its rights under this Agreement, agrees to minimize impacts to access to and from the Property utilizing the driveway and access drives to be located within the Easement Area in the same manner that Grantee would address such impacts to the public right of way. 5. Restoration of Surface. The City shall restore the surface disturbed by any construction or maintenance activities on the Property to its condition before the disturbance, only including asphalt, curb, and associated lawn restoration. The City is not responsible to replace trees, shrubs, decorative landscaping, mailboxes, private utilities (marked or unmarked) nor decorative pavement. The Owner shall keep the Easement Area in neat and orderly repair at no expense to the City. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Owner and the City and their respective successors and assigns. 7. Non-Use. Non-use or limited use of the Easement rights granted in this Agreement shall not prevent the benefiting party from later use of the Easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds for Waukesha County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s last known address. If the other party’s address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party’s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 11. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstances, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 64 61343917v1 12. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 13. Enforcement. Enforcement of this Agreement may be by proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, from the non-prevailing party. 14. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. [Signature Pages Follow] 65 61343917v1 OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:____________________ PABST FARMS LAND COMPANY I, LLC By:_________________________________ Brian Bell, its Manager ACKNOWLEDGMENT STATE OF ___________ ) ss COUNTY OF ___________ ) Personally came before me this ____ day of __________, 2026, the above-named Brian Bell, to me known to be the Manager of PABST FARMS LAND COMPANY I, LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. ________________________________ Name: __________________________ Notary Public, State of _____________ My Commission expires:____________ This Instrument was drafted by: Tomas Clasen, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Milwaukee, WI 53202 ‘ 66 61343917v1 CITY’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT DATED:______________________ CITY OF OCONOMOWOC By:_____________________________ Matt Rosek, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk ACKNOWLEDGMENT STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA ) Personally came before me this ____ day of __________, 2026, the above-named Matt Rosek, Mayor and Gina Kozlik, to me known to be the Mayor and Clerk respectively of the City of Oconomowoc, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. ________________________________ Notary Public Printed Name :____________________ Waukesha County, Wisconsin My Commission expires:____________ Instrument Reviewed by: H. Stanley Riffle, City Attorney 67 61343917v1 Exhibit A Legal Description of Property For informational purposes only: OCOC0630999024 68 61343917v1 Exhibit B Legal Description and Depiction of Easement Area 69 1 MEMORANDUM POLICE DEPARTMENT Date: August 4, 2026 To: Mayor Rosek and Common Council From: Jim Pfister, Police Chief Re: Discussion Regarding Ordinance Revisions Associated with E-Bikes RELATES TO THE STRATEGIC PLAN Strategic Goal-NA BACKGROUND With the fast-growing popularity of E-Bikes and other electric propelled devices we have reviewed the current ordinances to determine if revisions are needed. Based on this review, we are recommending revisions to the following ordinances: 7.12 BICYLES, E-BIKES, ELECTRIC SCOOTERS AND OTHER ELECTRIC PROPELLED DEVICES  Added E-Bike, electric scooter or electric personal assistive mobility device to Definitions  Update applicable State Laws Adopted  Redefined where the usage is restricted 9.22 SKATEBOARDS, ROLLER SKATES AND ROLLER SKIS  Redefined where the usage is restricted to match the area described in 7.12 9.221 IN-LINE SKATES  Redefined where the usage is restricted to match the area described in 7.12 21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED  Added E-Bike, electric scooter or electric personal assistive mobility device to Prohibited Activities Provided in your packet are the redline version of the current ordinance and a clean version that incorporates the changes. A map of the restricted use is also included. ADDITIONAL ANALYSIS The item on the agenda is for discussion only. As noted, our current ordinances already covered this use, we just more clearly defined E-Bikes, scooters, etc. Our purpose is to hear comments from the Aldermen as we work to finalize the documents. Keep in mind, enforcement is going to be an issue no matter what the wording. We need a tool to address situations when we can. Other communities have discussed helmets, lights, impounding and use on walking paths/recreation trails. The first reading of the revised ordinances will be scheduled for August 18. If the second reading isn’t waived, it would take place on September 1. 70 2 FINANCIAL IMPACT N/A RECOMMENDATION Discussion only. SUGGESTED MOTION N/A Z:\City Administrator\Police Department\Ebikes\Background Memo for Ordinance Revisions Associated with E-Bikes 08042026.docx 71 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 1 of 3 7.12 BICYLES, E-BIKES, ELECTRIC SCOOTERS AND OTHER ELECTRIC PROPELLED DEVICES (1) STATE LAWS ADOPTED. The provisions of Chs. 340 to 349 and other Wisconsin Statutes now in force or which may be enacted in the future as amendatory or supplementary thereto pertaining to the rules of the road and the regulation and/or operation of bicycles are adopted as a portion of this section so far as applicable, except as otherwise provided by this section. (2) DEFINITION. “Electric bicycle” means a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less and that meets the requirements of any of the following classifications: (a) Class 1 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that eases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (b) Class 2 electric bicycle is an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (c) Class 3 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (d) “Electric personal assistive mobility device” means a self-balancing, 2 nontandem- wheeled device that is designed to transport only one person and that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. (e) “Electric scooter: means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. Electric scooter does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (f) “Electric Propelled Device” means any system or machine that uses electric power to generate motion, force, or propulsion, but excludes certain handicapped or mobility- related devices. (3) RULES FOR RIDING. (Rn. #97-0386) (a) State Laws Adopted. The statutory provisions describing and defining regulations with respect to bicycles in the following enumerated sections of the Wisconsin statutes, exclusive of any provision therein relating to the penalties to be imposed or the punishment for the violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section: 346.77 (Responsibility of Parent or Guardian for Violation of Bicycle Regulations) 346.78 Play vehicles not to be used on roadway346.80  (Riding Bicycle, electric scooter, or electric personal assistive mobility device on Roadway) 72 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 2 of 3 346.803 Riding bicycle, electric scooter, or electric personal assistive mobility device on bicycle way 346.804 Riding bicycle on sidewalk 346.805 Riding electric scooter, or electric personal assistive mobility device on sidewalk 346.806 Special rules applicable to electric bicycles 346.807 Operating delivery devices on sidewalk(b) Feet Not to Be Removed from Pedals. No person shall operate a bicycle, E-Bike, electric scooter or electric personal assistive mobility device on the City streets with his/her feet removed from the pedals. (c) Trick Riding Prohibited. No rider of a bicycle, E-Bike, electric scooter or electric personal assistive mobility device shall remove both hands from the handlebars or practice any trick or fancy riding in any street. (d) Riding Two Abreast. Persons riding bicycles, E-Bike, electric scooter or electric personal assistive mobility devices upon any public street shall not ride more than 2 abreast, except in a general parade or public demonstration. (e) Riding on Sidewalks. No person shall operate a bicycle, E-Bike, electric scooter or electric personal assistive mobility device on any sidewalk in the City, except in districts zoned residential or for the purpose of learning the operation of a bicycle. (4) APPLICABILITY OF STATE LAW: Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other person proceeding in the same direction. (5) RIDING ON ROADWAY. (a) Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices on a 2-way public street or alley shall keep as close to the right-hand curb as possible and shall proceed with traffic. . (b) Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices on a 2-way public street or alley shall ride single file (c) Persons using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a public roadway shall not impede the normal and reasonable movement of motor vehicles. (6) CLINGING TO MOVING VEHICLES PROHIBITED. It shall be unlawful for any person using bicycles, E-Bikes, electric scooters and other electric propelled devices to cling to or attach to any bicycle or other moving vehicle upon a public roadway. (7) OBSERVANCE OF TRAFFIC REGULATIONS. Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a public roadway shall obey all traffic signs and signals. (8) YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right-of-way to a user of using bicycles, E-Bikes, electric scooters and other electric propelled devices in the same manner as for bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. When using bicycles, E-Bikes, electric scooters and other electric propelled devices, every person shall, upon entering a public roadway, yield the right-of-way to motor vehicles, 73 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 3 of 3 except that a person using bicycles, E-Bikes, electric scooters and other electric propelled devices shall be subject to the same regulations as bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. (9) PROHIBITED USE. No person shall ride bicycles, E-Bikes, electric scooters and other electric propelled devices upon the following listed premises: (a) Any tennis court or in any shelter in a City park. (b) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Railroad tracks; on the east by the east curb line of S. Silver Lake Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks.; (c) Railroad Track Underpass Route: The underpass between Second Street and South Street. (10) FORFEITURE. (Rn. #97-0386) Any person who shall violate any provision of this section shall upon conviction thereof pay a forfeiture of not more than $50, together with costs of prosecution, and on default of payment of such forfeiture and costs may be imprisoned in the County Jail until such forfeiture and costs are paid but not exceeding 90 days. 74 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 1 of 3 7.12 BICYLES, E-BIKES, ELECTRIC SCOOTERS AND OTHER ELECTRIC PROPELLED DEVICES (1) STATE LAWS ADOPTED. The provisions of Chs. 340 to 349 and other Wisconsin Statutes now in force or which may be enacted in the future as amendatory or supplementary thereto pertaining to the rules of the road and the regulation and/or operation of bicycles are adopted as a portion of this section so far as applicable, except as otherwise provided by this section. (2) DEFINITION. “Electric bicycle” means a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less and that meets the requirements of any of the following classifications: (a) Class 1 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that eases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (b) Class 2 electric bicycle is an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (c) Class 3 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (d) “Electric personal assistive mobility device” means a self-balancing, 2 nontandem-wheeled device that is designed to transport only one person and that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. (e) “Electric scooter: means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. Electric scooter does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (f) “Electric Propelled Device” means any system or machine that uses electric power to generate motion, force, or propulsion, but excludes certain handicapped or mobility-related devices. (32) RULES FOR RIDING. (Rn. #97-0386) (a) State Laws Adopted. The statutory provisions describing and defining regulations with respect to bicycles in the following enumerated sections of the Wisconsin statutes, exclusive of any provision therein relating to the penalties to be imposed or the punishment for the violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section: 346.77 (Responsibility of Parent or Guardian for Violation of Bicycle Regulations) 346.78 Play vehicles not to be used on roadway 346.79 (Special Rules Applicable to Bicycles) 346.80 (Riding Bicycle, electric scooter, or electric personal assistive mobility device on Roadway) 346.803 Riding bicycle, electric scooter, or electric personal assistive mobility device on bicycle way 346.804 Riding bicycle on sidewalk 346.805 Riding electric scooter, or electric personal assistive mobility device on sidewalk 75 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 2 of 3 346.806 Special rules applicable to electric bicycles 346.807 Operating delivery devices on sidewalk 346.81 (Lamps and Other Equipment on Bicycles) (b) Feet Not to Be Removed From Pedals. No person shall operate a bicycle , E-Bike, electric scooter or electric personal assistive mobility device on the City streets with his/her feet removed from the pedals. (c) Trick Riding Prohibited. No rider of a bicycle, E-Bike, electric scooter or electric personal assistive mobility device shall remove both hands from the handle barshandlebars or practice any trick or fancy riding in any street. (d) Riding Two Abreast. Persons riding bicycles, E-Bike, electric scooter or electric personal assistive mobility devices upon any public street shall not ride more than 2 abreast, except in a general parade or public demonstration. (e) Riding on Sidewalks. No person shall operate a bicycle , E-Bike, electric scooter or electric personal assistive mobility device on any sidewalk in the City, except in districts zoned residential or for the purpose of learning the operation of a bicycle. (4) APPLICABILITY OF STATE LAW: Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other person proceeding in the same direction. (5) RIDING ON ROADWAY. (a) Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices on a 2-way public street or alley shall keep as close to the right-hand curb as possible and shall proceed with traffic. Every person using in-line skates upon a one-way public street or alley shall proceed in the direction of the one-way traffic. (b) Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices on a 2-way public street or alley shall ride single file on all public roadways. (c) Persons using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a public roadway shall not impede the normal and reasonable movement of motor vehicles. (6) CLINGING TO MOVING VEHICLES PROHIBITED. It shall be unlawful for any person using bicycles, E-Bikes, electric scooters and other electric propelled devices to cling to or attach to any bicycle or other moving vehicle upon a public roadway. (7) OBSERVANCE OF TRAFFIC REGULATIONS. Every person using bicycles, E-Bikes, electric scooters and other electric propelled devices upon a public roadway shall obey all traffic signs and signals. stop for all stop signs and traffic signals. (8) YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right-of-way to a user of using bicycles, E-Bikes, electric scooters and other electric propelled devices in the same manner as for bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. When using bicycles, E-Bikes, electric scooters and other electric propelled devices, every person shall, upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using bicycles, E-Bikes, electric scooters and other electric propelled devices shall be subject to the same regulations as bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. (9) PROHIBITED USE. No person shall ride upon using bicycles, E-Bikes, electric scooters and other electric propelled devices upon the following listed premises: (a) Any tennis court or in any shelter in an a City park. 76 Created: 2026-05-22 11:29:25 [EST] (Supp. No. 39) Page 3 of 3 (b) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Soo Line Railroad tracks; on the east by the east curb line of S. Silver Lake Street Walnut Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks.Fowler Lake; on the north by the south shore of Fowler Lake westerly to the spillway under North Main Street and continuing along the south shore of Lac LaBelle to a point where the west curb line of Worthington Street extended intersects with the south shore of Lac LaBelle; on the west by the west curb line of Worthington Street and the west curb line of Worthington Street extended to the Soo Line Railroad tracks. Fowler Lake Route: The sidewalk on the east side of Main Street between the spillway from Fowler Lake to Lac LaBelle, southerly to the Village Green parking lot; thence through the Fowler Lake parking lot (in compliance with applicable traffic regulation and this ordinance) to the east end of the boardwalk on the south shore of Fowler Lake; thence in the northernmost traffic lane of the parking lot between the boardwalk and St. Paul Street, to St. Paul Street, and on the sidewalk on the north side of Pleasant Street to Walnut Street and on the sidewalk on the west side of Walnut Street to the shore of Fowler Lake. Continuing to the west sidewalk of Oakwood Avenue running north to Greenland Ave to Lisbon Road, onto south sidewalk on Lisbon Road to the west sidewalk on N. Lake Drive to N. Main Street. North/South Route: The sidewalk on the east side of Walnut Street to Collins Street; the sidewalk on the south side of Collins Street to Silver Lake Street; and southerly on the sidewalk on the east side of Silver Lake Street. City Beach and Recreation Center Route: The pedestrian path from N. Main Street along the spillway from Fowler Lake to Lac LaBelle and the Legion parking lot; thence westerly on the sidewalk on the north side of West Wisconsin Avenue and the pedestrian pathway along the southern border of Lake Lac La Belle. Soo Railroad Trac Underpass Route: The underpass between Second Street and South Street. (c) Notwithstanding the provisions of subparagraph (b) above, no person shall use E-Bikes, electric scooters and other electric propelled devices in front of any commercial property. (113) FORFEITURE. (Rn. #97-0386) Any person who shall violate any provision of this section shall upon conviction thereof pay a forfeiture of not more than $25.00 $50, together with costs of prosecution, and on default of payment of such forfeiture and costs may be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 90 days. 77 Created: 2026-05-22 11:29:27 [EST] (Supp. No. 39) Page 1 of 1 9.22 SKATEBOARDS, ROLLER SKATES AND ROLLER SKIS. (Am. #91-0271) No person shall ride, push or travel upon a skateboard, roller skates or roller skis upon the following listed premises: (1) Any City street. (2) All premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. (3) Any tennis court or in any shelter in a City park. (4) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Railroad tracks; on the east by the east curb line of S. Silver Lake Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks. 78 Created: 2026-05-22 11:29:27 [EST] (Supp. No. 39) Page 1 of 1 9.22 SKATEBOARDS, ROLLER SKATES AND ROLLER SKIS. (Am. #91-0271) No person shall ride, push or travel upon a skateboard, roller skates or roller skis upon the following listed premises: (1) Any City street. (2) All premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. (3) Sidewalks or pedestrian ways within any shopping center in the City. This limitation includes, but is not limited to, Whitman Park, Sentry, Lorleberg's Hardware and K-Mart. (3) Any tennis court or in any shelter in a City park. (4) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Railroad tracks; on the east by the east curb line of S. Silver Lake Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks.Any sidewalk, alley or pedestrian way in the following described area of the City; an area bounded on the south by the Soo Line Railroad track; on the east by the east right-of-way line of Wood Street and such line extended to Fowler Lake; on the north by the south shore of Fowler Lake westerly to the west curb line of Fowler Street, southerly to the north curb line of Pleasant Street, westerly to the east right-of-way line of St. Paul Street, northerly to the south shore of Fowler Lake, westerly along the south shore of Fowler Lake, the spillway under North Main Street and continuing along the south shore of Lac LaBelle to the west property line of the City Beach and Recreation Department premises; and on the west by such property line extended to the south curb line of West Wisconsin Avenue, thence easterly to the west curb line of Worthington Street. and thence southerly along such curb line to the Soo Line Railroad Tracks. 79 Created: 2026-05-22 11:29:27 [EST] (Supp. No. 39) Page 1 of 1 9.221 IN-LINE SKATES. (Cr. #95-0358) (1) This section is created pursuant to the authority granted in §349.235, Wis. Stats. (2) DEFINITION. "In-line skates" means skates with wheels arranged singly in a tandem rather than in pairs. (3) APPLICABILITY OF STATE LAW. Every person using in-line skates upon public roadway shall be subject to the provisions of all ordinances and state laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (4) PUBLIC SIDEWALKS OR WALKWAYS. Every person using in-line skates upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other person proceeding in the same direction. (5) RIDING ON ROADWAY. (a) Every person using in-line skates on a 2-way public street or alley shall keep as close to the right-hand curb as possible and shall proceed with traffic. Every person using in-line skates upon a one-way public street or alley shall proceed in the direction of the one-way traffic. (b) Every person using in-line skates on a 2-way public street or alley shall ride single file on all public roadways. (c) Persons using in-line skates upon a public roadway shall not impede the normal and reasonable movement of motor vehicles. (6) CLINGING TO MOVING VEHICLES PROHIBITED. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway. (7) OBSERVANCE OF TRAFFIC REGULATIONS. Every person using in-line skates upon a public roadway shall stop for all stop signs and traffic signals. (8) YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right-of-way to a user of in-line skates in the same manner as for bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. When using in-line skates, every person shall, upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. (9) PROHIBITED USE. No person shall ride upon in-line skates upon the following listed premises: (a) Any tennis court or in any shelter in any City park. (b) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Railroad tracks; on the east by the east curb line of S. Silver Lake Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks. Railroad Track Underpass Route: The underpass between Second Street and South Street. (c ) Notwithstanding the provisions of subparagraph (e) above, no person shall use in-line skates in front of any commercial property. 80 Created: 2026-05-22 11:29:27 [EST] (Supp. No. 39) Page 1 of 2 9.221 IN-LINE SKATES. (Cr. #95-0358) (1) This section is created pursuant to the authority granted in §349.235, Wis. Stats. (2) DEFINITION. "In-line skates" means skates with wheels arranged singly in a tandem rather than in pairs. (3) APPLICABILITY OF STATE LAW. Every person using in-line skates upon public roadway shall be subject to the provisions of all ordinances and state laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (4) PUBLIC SIDEWALKS OR WALKWAYS. Every person using in-line skates upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other person proceeding in the same direction. (5) RIDING ON ROADWAY. (a) Every person using in-line skates on a 2-way public street or alley shall keep as close to the right-hand curb as possible and shall proceed with traffic. Every person using in-line skates upon a one-way public street or alley shall proceed in the direction of the one-way traffic. (b) Every person using in-line skates on a 2-way public street or alley shall ride single file on all public roadways. (c) Persons using in-line skates upon a public roadway shall not impede the normal and reasonable movement of motor vehicles. (6) CLINGING TO MOVING VEHICLES PROHIBITED. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway. (7) OBSERVANCE OF TRAFFIC REGULATIONS. Every person using in-line skates upon a public roadway shall stop for all stop signs and traffic signals. (8) YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right-of-way to a user of in-line skates in the same manner as for bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. When using in-line skates, every person shall, upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats. (9) PROHIBITED USE. No person shall ride upon in-line skates upon the following listed premises: (a) Any tennis court or in any shelter in any City park. (b) On any City street or alley from one-half hour before sunset to sunrise of the following day. (c) Sidewalks or pedestrian ways within any shopping center in the City. This restriction includes, but is not limited to, Whitman Park, Sentry, Mueller Square, Lorleberg's Hardware and K-Mart. (d) All premises held out to the public for use of their motor vehicles whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. (b) Downtown and Fowler Lake Area: The sidewalk in the following described area of the City: an area bounded on the south by the Railroad tracks; on the east by the east curb line of S. Silver Lake Street and such line extended to N. Oakwood Ave continuing to Greenland Ave; Greenland Ave going northwesterly to Lisbon Rd; Lisbon Rd to N. Lake Rd; N. Lake Rd (including Veterans park) along the south shore of Lake Lac LaBelle to City Beach; South on Worthington Street to the railroad tracks. to a point where the west curb line of Church Street extended intersects with the south shore of Lac 81 Created: 2026-05-22 11:29:27 [EST] (Supp. No. 39) Page 2 of 2 LaBelle; on the west by the west curb line of Church Street and the west curb line of Church Street extended to the Soo Line Railroad tracks. The area of prohibited operation set forth in this paragraph shall not apply to persons using in-line skates on the following direct routes through the City: Fowler Lake Route: The sidewalk on the east side of Main Street between the spillway from Fowler Lake to Lac LaBelle, southerly to the alley between 125 North Main Street and 117 North Main Street; thence through the Fowler Lake parking lot (in compliance with applicable traffic regulations and this ordinance) to the east end of the boardwalk on the south shore of Fowler Lake; thence in the northernmost traffic lane of the parking lot between the boardwalk and St. Paul Steeet, to St. Paul Street, and on the sidewalk on the north side of Pleasant Street to Walnut Street and on the sidewalk on the west side of Walnut Street to the shore of Fowler Lake. North/South Route: The sidewalk on the east side of Walnut Street to Collins Street; the sidewalk on the south side of Collins Street to Silver Lake Street; and southerly on the sidewalk on the east side of Silver Lake Street. City Beach and Recreation Center Route: The alley leading from North Main Street along the spillway from Fowler Lake to Lac LaBelle and the Sell municipal parking lot; thence westerly on the sidewalk on the north side of West Wisconsin Avenue. Soo Railroad Track Underpass Route: The underpass between Second Street and South Street. (f) On the pavement of any of the following streets, subject to the prohibitions of (e) above; Summit Avenue, East Wisconsin Avenue, West Wisconsin Avenue, Silver Lake Street, North Lake Road, Pleasant Street, Walnut Street, and Concord Road from West Wisconsin Avenue to West Lincoln Street. On these streets, in-line skating shall be permitted only on sidewalks. (g) Notwithstanding any other provision of this section, no person shall use in-line skates on any of the following parts of streets: Allen Road and South Concord Road from Lincoln Street south to the City Limits. (c ) Notwithstanding the provisions of subparagraph (e) above, no person shall use in-line skates in front of any commercial property. 82 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 1 of 2 21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED. (Cr. #84-0138; Am. #18-O938) (1) PURPOSE. (Am. #18-O938) The Fowler Lake boardwalk and pier were constructed to provide a facility from which the beauty of Fowler Lake could be enjoyed, and to promote economic development in the downtown business district. Use of these facilities should provide the most enjoyment for the greatest number of people with public use taking precedence over private use. (2) ADMINISTRATION. (Am. #18-O938) The Parks and Recreation Board shall receive and process applications for use of the boardwalk and pier, and may grant permits therefor. The Board need not grant permits if it determines that the proposed use would not further the purposes for which the facility was constructed. (3) PERMIT REQUIRED. (Am. #18-O938) No person shall make use of the boardwalk and pier for a privately sponsored event unless such person shall have obtained a permit from the Parks and Recreation Board authorizing such use. (4) CONDITIONS AND FEE. (Am. #18-O938) The Parks and Recreation Board may impose reasonable conditions on the granting of a permit for the use of the boardwalk and pier, and shall charge a reasonable rental fee therefor. (5) PROHIBITED ACTIVITIES. (a) No person shall ride a motor scooter, motorcycle, snowmobile or bicycle, E-Bike, electric scooter or electric personal assistive mobility device, or roller skate, walk with ice skates or skateboard on the boardwalk and pier. (Am. #18-O938) (b) No person shall throw any glass, refuse, waste or litter upon the boardwalk and pier, or the adjacent parking lot, or in the waters of Fowler Lake. (Am. #18-O938) (c) No person shall loiter upon the boardwalk and pier, so as to obstruct the free entry of persons to and from or on such facilities. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after being requested to do so by a police officer. (Am. #18-O938) (d) No person shall display for sale or sell merchandise on the boardwalk and pier without having first obtained a permit. (Am. #18-O938) (e) No person shall sell, offer for sale or consume fermented malt beverages or intoxicating liquor upon the boardwalk and pier, or the parking lot adjacent thereto, unless an appropriate permit has been issued by the City Council, or except at municipally approved community functions or events authorized by resolution of the City Council. (Am. #18-O938) (f) No person shall mark, deface, disfigure, injure, tamper with or displace or remove any part of the boardwalk, pier, benches, railings or other appurtenances thereto. (Am. #18-O938) (g) No person shall climb, stand or sit upon planters, railings, fences or upon any other property not designated or customarily used for such purpose. (h) No person shall post, paint, affix or place any plaque, sign, handbill, circular or advertisement upon the boardwalk and pier, or any appurtenance thereto, unless authorized by the Parks and Recreation Board in conjunction with a valid use permit. (Am. #18-O938) 83 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 2 of 2 (i) No person shall fish from the boardwalk. Fishing is allowed from the pier by any method except overhead casting. (j) No person shall moor a boat to the boardwalk or pier. Boats may be moored to the pier at the Fowler Lake boat launch for up to 3 consecutive hours. (Am. #18-O938) (k) Amplified music is prohibited on the boardwalk and pier unless a permit is obtained. (Cr. #18- O938) 84 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 1 of 2 21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED. (Cr. #84-0138; Am. #18-O938) (1) PURPOSE. (Am. #18-O938) The Fowler Lake boardwalk and pier were constructed to provide a facility from which the beauty of Fowler Lake could be enjoyed, and to promote economic development in the downtown business district. Use of these facilities should provide the most enjoyment for the greatest number of people with public use taking precedence over private use. (2) ADMINISTRATION. (Am. #18-O938) The Parks and Recreation Board shall receive and process applications for use of the boardwalk and pier, and may grant permits therefor. The Board need not grant permits if it determines that the proposed use would not further the purposes for which the facility was constructed. (3) PERMIT REQUIRED. (Am. #18-O938) No person shall make use of the boardwalk and pier for a privately sponsored event unless such person shall have obtained a permit from the Parks and Recreation Board authorizing such use. (4) CONDITIONS AND FEE. (Am. #18-O938) The Parks and Recreation Board may impose reasonable conditions on the granting of a permit for the use of the boardwalk and pier, and shall charge a reasonable rental fee therefor. (5) PROHIBITED ACTIVITIES. (a) No person shall ride a motor scooter, motorcycle, snowmobile or bicycle , E-Bike, electric scooter or electric personal assistive mobility device, or roller skate, walk with ice skates or skateboard on the boardwalk and pier. (Am. #18-O938) (b) No person shall throw any glass, refuse, waste or litter upon the boardwalk and pier, or the adjacent parking lot, or in the waters of Fowler Lake. (Am. #18-O938) (c) No person shall loiter upon the boardwalk and pier, so as to obstruct the free entry of persons to and from or on such facilities. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after being requested to do so by a police officer. (Am. #18-O938) (d) No person shall display for sale or sell merchandise on the boardwalk and pier without having first obtained a permit. (Am. #18-O938) (e) No person shall sell, offer for sale or consume fermented malt beverages or intoxicating liquor upon the boardwalk and pier, or the parking lot adjacent thereto, unless an appropriate permit has been issued by the City Council, or except at municipally approved community functions or events authorized by resolution of the City Council. (Am. #18-O938) (f) No person shall mark, deface, disfigure, injure, tamper with or displace or remove any part of the boardwalk, pier, benches, railings or other appurtenances thereto. (Am. #18-O938) (g) No person shall climb, stand or sit upon planters, railings, fences or upon any other property not designated or customarily used for such purpose. (h) No person shall post, paint, affix or place any plaque, sign, handbill, circular or advertisement upon the boardwalk and pier, or any appurtenance thereto, unless authorized by the Parks and Recreation Board in conjunction with a valid use permit. (Am. #18-O938) 85 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 2 of 2 (i) No person shall fish from the boardwalk. Fishing is allowed from the pier by any method except overhead casting. (j) No person shall moor a boat to the boardwalk or pier. Boats may be moored to the pier at the Fowler Lake boat launch for up to 3 consecutive hours. (Am. #18-O938) (k) Amplified music is prohibited on the boardwalk and pier unless a permit is obtained. (Cr. #18- O938) 86 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 1 of 2 21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED. (Cr. #84-0138; Am. #18-O938) (1) PURPOSE. (Am. #18-O938) The Fowler Lake boardwalk and pier were constructed to provide a facility from which the beauty of Fowler Lake could be enjoyed, and to promote economic development in the downtown business district. Use of these facilities should provide the most enjoyment for the greatest number of people with public use taking precedence over private use. (2) ADMINISTRATION. (Am. #18-O938) The Parks and Recreation Board shall receive and process applications for use of the boardwalk and pier, and may grant permits therefor. The Board need not grant permits if it determines that the proposed use would not further the purposes for which the facility was constructed. (3) PERMIT REQUIRED. (Am. #18-O938) No person shall make use of the boardwalk and pier for a privately sponsored event unless such person shall have obtained a permit from the Parks and Recreation Board authorizing such use. (4) CONDITIONS AND FEE. (Am. #18-O938) The Parks and Recreation Board may impose reasonable conditions on the granting of a permit for the use of the boardwalk and pier, and shall charge a reasonable rental fee therefor. (5) PROHIBITED ACTIVITIES. (a) No person shall ride a motor scooter, motorcycle, snowmobile or bicycle , E-Bike, electric scooter or electric personal assistive mobility device, or roller skate, walk with ice skates or skateboard on the boardwalk and pier. (Am. #18-O938) (b) No person shall throw any glass, refuse, waste or litter upon the boardwalk and pier, or the adjacent parking lot, or in the waters of Fowler Lake. (Am. #18-O938) (c) No person shall loiter upon the boardwalk and pier, so as to obstruct the free entry of persons to and from or on such facilities. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after being requested to do so by a police officer. (Am. #18-O938) (d) No person shall display for sale or sell merchandise on the boardwalk and pier without having first obtained a permit. (Am. #18-O938) (e) No person shall sell, offer for sale or consume fermented malt beverages or intoxicating liquor upon the boardwalk and pier, or the parking lot adjacent thereto, unless an appropriate permit has been issued by the City Council, or except at municipally approved community functions or events authorized by resolution of the City Council. (Am. #18-O938) (f) No person shall mark, deface, disfigure, injure, tamper with or displace or remove any part of the boardwalk, pier, benches, railings or other appurtenances thereto. (Am. #18-O938) (g) No person shall climb, stand or sit upon planters, railings, fences or upon any other property not designated or customarily used for such purpose. (h) No person shall post, paint, affix or place any plaque, sign, handbill, circular or advertisement upon the boardwalk and pier, or any appurtenance thereto, unless authorized by the Parks and Recreation Board in conjunction with a valid use permit. (Am. #18-O938) 87 Created: 2026-05-22 11:29:33 [EST] (Supp. No. 39) Page 2 of 2 (i) No person shall fish from the boardwalk. Fishing is allowed from the pier by any method except overhead casting. (j) No person shall moor a boat to the boardwalk or pier. Boats may be moored to the pier at the Fowler Lake boat launch for up to 3 consecutive hours. (Am. #18-O938) (k) Amplified music is prohibited on the boardwalk and pier unless a permit is obtained. (Cr. #18- O938) 88 89 1 MEMORANDUM FINANCE DEPARTMENT Date: August 4, 2026 To: Mayor, Common Council, Committee of the Whole From: Steve Hatton, Finance Director Re: Updates to Reserve Policy RELATES TO THE STRATEGIC PLAN Strategic Goal(s): V. Enhance the Effectiveness of City Government BACKGROUND Common Council adopted a Reserve Policy on June 15, 1982. The Policy was updated on December 11, 2011. The policy contains three elements: 1. Emergency Reserve 2. Contingency Reserve 3. Capital Reserve ADDITIONAL ANALYSIS Adequate reserves are important to the City’s ability to sustain significant interruptions of revenue or significant and unanticipated expenditures. Reserves also provide liquidity to weather seasonality in revenues and expenditures FINANCIAL IMPACT Higher reserves are key factor in credit ratings. Higher credit ratings can minimize borrowing costs. Higher reserve balances can generate interest earnings on deposits. RECOMMENDATION Recommend approval of updates to Reserve Policy as presented. SUGGESTED COUNCIL MOTION Motion to approve revised Reserve Policy as presented. 90 Y:\Policies & Procedures\Reserve Policy - 2025 DRAFT Revision.docx A RESOLUTION ESTABLISHING FINANCIAL POLICY FOR THE CITY OF OCONOMOWOC RESERVE POLICY (Original adoption: June 15, 1982) (Revised: December 20, 2011, August 4, 2026) 1. The City will establish an emergency reserve to pay for needs caused by unforeseen emergencies. This reserve will be established through maintaining the unassigned fund balance of the General Fund at a minimum of thirty-five percent (35%) of the subsequent year’s budgeted general fund total expenditures and capital projects fund expenditures that are funded by tax levy. 2. The City will establish a contingency reserve in each year’s operating budget to provide for unanticipated expenditures of a nonrecurring nature, or to meet unexpected small increases in service delivery costs. This reserve will be maintained at 0.5% of the general operating fund. 3. The City will establish a capital reserve through maintaining the unassigned fund balance of the Capital Projects Fund at a minimum $750,000 value. When utilized for capital needs with approval of the Common Council, appropriate funds will be budgeted in the subsequent year to restore the minimum value. 91 Y:\Policies & Procedures\Reserve Policy - 2025 DRAFT Revision.docx G:\DATA\Sarah\Fund Balance\Reserve Policy - recommended 2011.docx A RESOLUTION ESTABLISHING FINANCIAL POLICY FOR THE CITY OF OCONOMOWOC RESERVE POLICY (Original adoption: June 15, 1982) (Revised: December 20, 2011, August x, 2026) 1. The City will establish an emergency reserve to pay for needs caused by unforeseen emergencies. This reserve will be established maintained through maintaining the unassigned fund balance of the General Fund at a minimum of twenty thirty five percent (2535%) of the subsequent year’s budgeted general operating fund total expenditures and capital projects fund expenditures that are funded by tax levy. 2. The City will establish a contingency reserve in each year’s operating budget to provide for unanticipated expenditures of a nonrecurring nature, or to meet unexpected small increases in service delivery costs. This reserve will be maintained at 0.5% of the general operating fund. 3. The City will establish a capital reserve fund in the capital projects fund through maintaining the unassigned fund balance of the Capital Projects Fund at a minimum $750,000 value. 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ah tTTcMsT ti aetT TMpahs5 fEcj.jg ’ :N Sv1vpD Rah Scsa1vpD DSctpSRth Weight Aaa Aa A Baa Ba B Caa Ca Resident Income (MHI Adjusted for RPP/US MHI)[1] 10% 100% - 120% 80% - 100% 65% - 80% 50% - 65% 35% - 50% 20% - 35% < 20% Full Value per Capita (Full Valuation of the Tax Base / Population)[2] 10% $100,000 - $180,000 $60,000 - $100,000 $40,000 - $60,000 $25,000 - $40,000 $15,000 - $25,000 $9,000 - $15,000 < $9,000 Economic Growth (Difference Between Five-Year Compound Annual Growth in Real GDP and Five-Year CAGR in Real US GDP)[3] 10% (1)% - 0% (2.5)% - (1 )% (4.5)% - (2.5)% (7)% - (4.5)% (10) % - (7)% (15)% - (10)% < (15)% Available Fund Balance Ratio (Available Fund Balance + Net Current Assets/Revenue)[4] 20% 25% - 35% 15% - 25% 5% - 15% 0% - 5% (5)% - 0% (10)% - (5)% < (10)% Liquidity Ratio (Unrestricted Cash/Revenue)[5] 10% 30% - 40% 20% - 30% 12.5% - 20% 5% - 12.5% 0% - 5% (5)% - 0% < (5)% FFactor: Financial Performance (30%) FFactor: Economy (30%) 2 2 4PFp gJg0 snevFR ape6cMcbcRdh w- :vevp' nFM :cPFevp' 97 accMdy' snevFR' wU-U .PubvS lvFnFSp Weight Aaa Aa A Baa Ba B Caa Ca 10% The majority of revenue is not subject to externally imposed caps and the governing body can increase revenue meaningfully without limitation or without approval of voters or other governments. And The ability to meaningfully reduce expenditures is not constrained by externally imposed mandates or restrictions. The majority of revenue is subject to externally imposed caps but the governing body can increase revenue meaningfully without the approval of voters or other governments. Or The ability to meaningfully reduce expenditures is mildly constrained by externally imposed mandates or restrictions. The majority of revenue is subject to externally imposed caps but the governing body can increase revenue moderately without the approval of voters or other governments. Or The ability to meaningfully reduce expenditures is moderately constrained by externally imposed mandates or restrictions. The majority of revenue is subject to externally imposed caps and the governing body can increase revenue only minimally without the approval of voters or other governments. Or The ability to meaningfully reduce expenditures is heavily constrained by externally imposed mandates or restrictions. The majority of revenue is subject to externally imposed caps and the governing body cannot increase revenue without the approval of voters or other governments. Or The ability to meaningfully reduce expenditures is very heavily constrained by externally imposed mandates or restrictions. The majority of revenue is subject to externally imposed caps and the governing body cannot increase revenue. Or The ability to meaningfully reduce expenditures is extremely constrained by externally imposed mandates or restrictions. Not applicable. Not applicable. Long-term Liabilities Ratio ((Debt + ANPL + Adjusted Net OPEB + Other Long-Term Liabilities)/Revenue)[6] 20% 100% - 200% 200% - 350% 350% - 500% 500% - 700% 700% - 900% 900% - 1,100% > 1,100% Fixed-costs Ratio (Adjusted Fixed Costs/Revenue)[7] 10% 10% - 15% 15% - 20% 20% - 25% 25% - 35% 35% - 45% 45% - 55% > 55% FFactor: Institutional Framework (10%) FFactor: Leverage (30%) PPreliminary outcome 3 2 4PFp gJg0 snevFR ape6cMcbcRdh w- :vevp' nFM :cPFevp' 98 accMdy' snevFR' wU-U .PubvS lvFnFSp -1 to +1 notches PPotential for ignificant Change in Leverage -2 to +1.5 notches corecard-indicated outcome NNotching factors AAdditional trength in Local Resources 0 to +2 notches LLimited cale of Operations -1 to 0 notches FFinancial Disclosures -2 to 0 notches PPotential Cost hift to or from the tate 0 2 4PFp gJg0 snevFR ape6cMcbcRdh w- :vevp' nFM :cPFevp' 99 1 MEMORANDUM POLICE DEPARTMENT Date: August 4, 2026 To: Mayor and Common Council From: Chief Jim Pfister Captain Brad Timm Lieutenant Wollenhaupt Re: Discussion Regarding Squad and Body Camera Cost Options RELATES TO THE STRATEGIC PLAN Strategic Goal-NA BACKGROUND At our July 28 Capital Budget Workshop Lt. Wollenhaupt provided a presentation for the grant writing and 2027 purchase of new squad and body cameras. The Council requested additional cost information to add features to streamline the processing of data. Lt. Wollenhaupt will have an updated presentation for our meeting. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION Discussion Item: Provide direction for the option supported by Common Council. SUGGESTED MOTION Discussion Item: Provide direction for the option supported by Common Council. Z:\City Administrator\Budgets\2027\Body and Squad Camera Proposal\08042026\Background Memo for Discussion Regarding Squad and Body Camera Cost Options 08042026.docx 100 1 MEMORANDUM ADMINISTRATION Date: August 4, 2026 To: Mayor and Common Council From: Mark Frye, City Administrator Re: Consider/act on Resolution 26-R3390 for Denial of Claim by T Kay RELATES TO THE STRATEGIC PLAN Strategic Goal-NA BACKGROUND On June 29, 2026, we received a “Notice of Claim” submitted by Peyton B. Engel of Hurley Burish, S.C. 33 East Main Street, Ste 400, Madison, WI 53701 For Timothy Kay where he claims Defamation, Tortious Interference and Abuse of Process. The City filed the claim with the Claims Division of our insurance carrier, Statewide Services Inc. ADDITIONAL ANALYSIS Statewide Services, Inc, assigned Taylor Anderson of the Boardman Clark, LLP law firm, to defend the City in this matter. Based on his investigation, it was recommended that the City of Oconomowoc deny this claim. FINANCIAL IMPACT N/A RECOMMENDATION It is recommended that the City of Oconomowoc Council disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80. The disallowance of the claim in this manner will allow us to shorten the statute of limitations period to six months. SUGGESTED MOTION Motion to approve Resolution 26-R3390 disallowing the Claim of Timothy Kay. Z:\City Administrator\Lake Country Municipal Court\Judge\Council 08042026\Background Memo for Denial of Claim by T Kay 08042026.docx 101 TAYLOR ANDERSON A TT OR N EY TA ND ER S O N @B OA R D M A NC LA R K. C OM D I R EC T ( 6 08) 28 3 7 5 0 2 FAX ( 6 08) 28 3 1 7 0 9 July 8, 2026 Via Email Only Mark Frye City Administrator City of Oconomowoc 174 E. Wisconsin Avenue Oconomowoc, WI 53066 mfrye@oconomowoc-wi.gov RE: Notice of Claim by Timothy Kay, dated June 29, 2026 Dear Mr. Frye: Based upon a review of the materials underlying the circumstances surrounding the Notice of Claim filed by Timothy Kay, dated June 29, 2026 and after discussing the matter with the City of Oconomowoc’s counsel Stan Riffle, it is our recommendation that the City issue a notice of disallowance pursuant to Wis. Stat. § 893.80(1g) for the claim. Should you have any questions or concerns, please do not hesitate to reach out. Sincerely, BOARDMAN & CLARK LLP Taylor Anderson CC: Jeffrey Ek (via email only) H. Stanley Riffle (via email only) TRA/TRA 102 Resolution No. 26-R3390 RESOLUTION DISALLOWING CLAIM WHEREAS, on or about June 29, 2026, the City received a “Notice of Claim” (the “Claim”); and WHEREAS, Wis. Stat. sec. 893.80(1d) sets forth: (1d) Except as provided in subs. (1g), (1m), (1p) and (8), no action may be brought or maintained against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or agency thereof nor against any officer, official, agent or employee of the corporation, subdivision or agency for acts done in their official capacity or in the course of their agency or employment upon a claim or cause of action unless: (a) Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, political corporation, governmental subdivision or agency and on the officer, official, agent or employee under s. 801.11. Failure to give the requisite notice shall not bar action on the claim if the fire company, corporation, subdivision or agency had actual notice of the claim and the claimant shows to the satisfaction of the court that the delay or failure to give the requisite notice has not been prejudicial to the defendant fire company, corporation, subdivision or agency or to the defendant officer, official, agent or employee; and WHEREAS, the Common Council of the City of Oconomowoc, Wisconsin (“City”), has on the date hereof determined pursuant to Wis. Stat. sec. 893.80(1g), to disallow the Claim, if any, and to provide notice to Hurley Burish, S.C., attorneys for Timothy Kay, of the disallowance. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Oconomowoc that the proper City officials are hereby authorized and directed to disallow the following demand for alleged damages against the City of Oconomowoc: CLAIMANT: TIMOTHY KAY BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the attorneys for the Claimant by certified mail at the law offices of Hurley Burish, S.C., 33 East Main Street, Ste 400, Madison, WI 53701 of the disallowance of the claim, if any, and the fact that the Claimants have six (6) months from the date of service of the notice of disallowance to appeal pursuant to Wis. Stat. sec. 893.80(1g). BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance of the claim, if any, to the appropriate insurance carrier and legal counsel for the City of Oconomowoc. Dated at Oconomowoc, Wisconsin, this ______ day of _______, 2026. APPROVED: __________________________ Matt Rosek, Mayor ATTEST: ________________________ Gina Kozlik, City Clerk Z:\City Administrator\Lake Country Municipal Court\Judge\Council 08042026\Resolution 26-R3390 Disallowing Kay Claim 08042026.docx 103 NOTICE OF DISALLOWANCE OF CLAIM Via Certified Mail Return Receipt Requested Hurley Burish, S.C. 33 East Main Street, Ste 400, Madison, WI 53701 Attn. Attorney Peyton B. Engel Re: Timothy Kay Claim Dear Counsel: PLEASE TAKE NOTICE that the Common Council of the City of Oconomowoc at its regular meeting on August 4, 2026, adopted a resolution denying the notice of circumstances of claim dated June 29, 2026, pursuant to the provisions of Wis. Stats. §893.80 (1g). PLEASE TAKE FURTHER NOTICE that §893.80(1g) provides that no action on a claim against a municipal corporation, nor against any officer, official, agent or employee, may be brought after six (6) months from the date of service of this notice. DATED: August 4, 2026 CITY OF OCONOMOWOC By: Gina Kozlik, City Clerk Z:\City Administrator\Lake Country Municipal Court\Judge\Council 08042026\Oconomowoc Notice of Disallowance 08042026.docx 104 PROCLAMATION WHEREAS, Lake Area Free Clinic (LAFC) has been serving low-income residents of Waukesha County and the Oconomowoc School District since 2001; and WHEREAS, in 2015, LAFC was recognized for its many contributions to the residents of its community, the Oconomowoc Area Chamber of Commerce recognized it as the Nonprofit service organization of the year; and WHEREAS, LAFC has offered free medication since opening its doors and has secured more than $5 million in free medication since 2001 for its patients; and WHEREAS, LAFC is the largest free clinic in Waukesha County offering acute and chronic care services and specialty services including cardiology, dermatology, gastroenterology, gynecology, hepatology, mental health, neurology, orthopedics, physical therapy, rheumatology, sleep medicine and diabetes care; and WHEREAS, LAFC has hosted hundreds of students for their Clinical rotations including nursing students, health information students, medical interpretation students, dental hygiene students, dental assistant students and dental students; and WHEREAS, the Clinic utilizes services in place such as Waukesha County Public Health for immunizations, Wisconsin Well Women for health screenings, and Waukesha County Mental Health (for Mental Health Services) to avoid duplication; and WHEREAS, LAFC maintains wonderful partnerships with local healthcare systems including ProHealth (providing all labs and x-rays free of charge and discounted transportation services), Aurora (providing access to all CT and MRI imaging and specialty services not offered at LAFC), and Rogers Behavioral Health (providing a counselor one day per week); and WHEREAS, LAFC saw an unmet need of the community, and opened a six-chair Dental Clinic in 2017 to see patients with Medicaid or who were uninsured, and has had over 40,000 dental patient visits since that time; and WHEREAS, LAFC provides a life-changing volunteer experience for over 250 volunteers who give over 14,000 hours of their volunteer time annually, holding LAFC in high enough regard, to support the Clinic financially and through volunteerism since 2001; and WHEREAS, LAFC had its 100,000th patient visit in 2024; and WHEREAS LAFC is celebrating its 25th anniversary in July of 2026; and NOW, THEREFORE, I, Matt Rosek, Mayor of the City of Oconomowoc do hereby recognize the incredible contributions of the Lake Area Free Clinic, and do formally declare July 18, 2026, as; “LAKE AREA FREE CLINIC DAY” IN WITNESS WHEREOF, I hereunto set my hand and cause the official seal of the City of Oconomowoc to be affixed this 18th day of July 2026. Matt Rosek, Mayor City of Oconomowoc 105

Source: City of Oconomowoc website. First collected Oct 7, 2026.