The Docket · Government Meeting · DKT-2026-001721

On the agenda: Oconomowoc meeting — Data Center (Aug 4)

Past ⚠ Agenda Watch Oconomowoc, Wisconsin · Tuesday, August 4, 2026 — 1 month ago

About this record

The published agenda for this August 4 meeting contains: "Data Center". The meeting has passed; the record and its outcome live here permanently.

WhenTuesday, August 4, 2026
Check the agenda document for the meeting time.

WhereOconomowoc, Wisconsin

Money$ 42,190.00 was at stake

On the record“Data Center”

The agenda, word for word

Government public record — the full text of the published document, archived September 7, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

113 pages · scroll to read

Page 1 of 113

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

Page 2 of 113

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 recreationcommercial, 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.

1
Common Council - July 21, 2026

Page 3 of 113

Without objection New Business items 9.a., 9.b. & 9.e. were moved up
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.

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.

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

Resolution 26-R3385 Approving 2nd Quarter 2026 Grants, Donations and Budget
Amendments

Licenses
1.

License Approvals - Amusement Operator

2
Common Council - July 21, 2026

Page 4 of 113

Amending 2026 - 2027 Taxicab License for Oconomowoc Silver Streak

Resolution 26-R3384 Granting a New 2026-2027 “Class A” Intoxicating Liquor/Fermented
Malt Beverage License for Costco Wholesale (Costco Wholesale #1803)

Resolution 26-R3382 for the Awarding of Distribution Equipment Painting

Certified Survey Map for Caribou Coffee to divide one lot into two, located at 1445 Olympia
Fields Drive.

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.

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.

3
Common Council - July 21, 2026

Page 5 of 113

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

4
Common Council - July 21, 2026

Page 6 of 113

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
Donohue &
Associates
Carollo
Baxter Woodman
Ruekert Mielke
Trotter &
Associates
Applied Tech.

Delta from
Low

Technical
Rank

1
5
6
4

$ 42,190.00
$747,500.00
$511,131.00
$ 77,197.00

3
1
5
6

3
2

$235,000.00
$
-

2
4

Total
Points

Proposal Cost Overall
Rank

108
98
88
98

$ 280,590.00
$ 985,900.00
$ 749,531.00
$ 315,597.00

104
107

$ 473,400.00
$ 238,400.00
1

Page 7 of 113

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

Page 8 of 113

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
Donohue &
Associates
Carollo
Baxter Woodman
Ruekert Mielke
Trotter &
Associates
Applied Tech.

Delta from
Low

Technical
Rank

1
5
6
4

$ 42,190.00
$747,500.00
$511,131.00
$ 77,197.00

3
1
5
6

3
2

$235,000.00
$
-

2
4

Total
Points

Proposal Cost Overall
Rank

108
98
88
98

$ 280,590.00
$ 985,900.00
$ 749,531.00
$ 315,597.00

104
107

$ 473,400.00
$ 238,400.00

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 601-573-7000210, Capital Projects – Outside Services.
DATED:

CITY OF OCONOMOWOC
By: _____________________________
Matt Rosek, Mayor

ATTEST:
Gina Kozlik, Clerk

Page 9 of 113

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.

O:\Developments\25- Pabst Farms Drainage Improvements (Costco off Site Pipe)\Easements\Memo - Pabst
Farms Blvd Easements.docx1

Page 10 of 113

UTILITY EASEMENT
AGREEMENT
Document Number

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.
Recording Area

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”).

Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

Page 11 of 113

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.

Page 12 of 113

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]

Page 13 of 113

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 ___________
COUNTY OF ___________

)
ss
)

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

Page 14 of 113

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

61311642v1

Page 15 of 113

Exhibit A
Legal Description of Property

For informational purposes only:
OCOC0630999024

61311642v1

Page 16 of 113

Exhibit B
Legal Description of Utility Easement Area

61311642v1

Page 17 of 113

Exhibit B-1
Depiction of Utility Easement Area

61311642v1

Page 18 of 113

Document Number

ELECTRIC UTILITY
EASEMENT
AGREEMENT

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 nonexclusive 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”).

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
OCOC0630999023
OCOC0630999024Parcel

and

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.

Page 19 of 113

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
ELECTRIC UTILITY EASEMENT AGREEMENT
City of Oconomowoc

Page 20 of 113

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]

ELECTRIC UTILITY EASEMENT AGREEMENT
City of Oconomowoc

Page 21 of 113

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 ___________
COUNTY OF ___________

)
ss
)

ELECTRIC UTILITY EASEMENT AGREEMENT
City of Oconomowoc

Page 22 of 113

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 ___________
COUNTY OF ___________

)
ss
)

ELECTRIC UTILITY EASEMENT AGREEMENT
City of Oconomowoc

Page 23 of 113

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

Page 24 of 113

Exhibit A1
Legal Description of PFLC Property

For informational purposes only:
Tax Key: OCOC0630999024
Address: PABST FARMS BLVD

Page 25 of 113

Exhibit A2
Legal Description of SCU Property
Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest Onequarter (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 Onequarter (1/4) of the Southwest One-quarter (1/4) of Section Fourteen (14), and lands in the Northwest Onequarter (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

ELECTRIC UTILITY EASEMENT AGREEMENT
City of Oconomowoc

Page 26 of 113

Exhibit B
Legal Description of Utility Easement Area

Page 27 of 113

Exhibit B1
Depiction of Utility Easement Area

Page 28 of 113

STORM SEWER EASEMENT
AGREEMENT
Document Number

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”).

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

Page 29 of 113

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

Page 30 of 113

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]

Page 31 of 113

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 ___________
COUNTY OF ___________

)
ss
)

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

Page 32 of 113

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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

61312113v1

Page 33 of 113

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 Onequarter (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

61312113v1

Page 34 of 113

Exhibit B
Legal Description and Depiction of Easement Area

61312113v1

Page 35 of 113

Document Number

TRAFFIC SIGNAL
EASEMENT
AGREEMENT

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”).

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

61343841v1

Page 36 of 113

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.

61343841v1

Page 37 of 113

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]

61343841v1

Page 38 of 113

OWNER’S SIGNATURE PAGE TO TRAFFIC SIGNAL EASEMENT AGREEMENT
DATED:____________________
PABST FARMS LAND COMPANY I, LLC
By:_________________________________
Brian Bell, its Manager
ACKNOWLEDGMENT
STATE OF ___________
COUNTY OF ___________

)
ss
)

61343841v1

Page 39 of 113

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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

61343841v1

Page 40 of 113

Exhibit A
Legal Description of Property
Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest Onequarter (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 Onequarter (1/4) of the Southwest One-quarter (1/4) of Section Fourteen (14), and lands in the Northwest Onequarter (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

61343841v1

Page 41 of 113

Exhibit B
Legal Description and Depiction of Easement Area

61343841v1

Page 42 of 113

Document Number

TRAFFIC SIGNAL
EASEMENT
AGREEMENT

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”).

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

61343571v1

Page 43 of 113

61343571v1

Page 44 of 113

61343571v1

Page 45 of 113

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 ___________
COUNTY OF ___________

)
ss
)

61343571v1

Page 46 of 113

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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

61343571v1

Page 47 of 113

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 Onequarter (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

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Exhibit B
Legal Description and Depiction of Easement Area

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Document Number

TRAFFIC SIGNAL
EASEMENT
AGREEMENT

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

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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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

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Exhibit A
Legal Description of Property
Lot Three (3) of CERTIFIED SURVEY MAP NO. 11510, being a division of part of the Northeast Onequarter (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

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Exhibit B
Legal Description and Depiction of Easement Area

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Document Number

TRAFFIC SIGNAL
EASEMENT
AGREEMENT

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

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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.

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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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

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Exhibit B
Legal Description and Depiction of Easement Area

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Document Number

TRAFFIC SIGNAL
EASEMENT
AGREEMENT

Recording Area
Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
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.

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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

Instrument Reviewed by: H. Stanley Riffle, City Attorney

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Exhibit A
Legal Description of Property

For informational purposes only:
OCOC0630999024

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Exhibit B
Legal Description and Depiction of Easement Area

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UTILITY EASEMENT
AGREEMENT
Document Number

This Utility Easement Agreement (“Agreement”) is
entered into by Stonebridge Capital Unit II, 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.
Recording Area

Name and Return Address:

City Clerk
City of Oconomowoc
174 East Wisconsin Ave.
Oconomowoc, WI 53066______
OCOC0630999023
Parcel Identification Number (PIN)

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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 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]

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OWNER’S SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT
DATED:____________________

Owner:
STONEBRIDGE CAPITAL UNIT II, LLC,
a Wisconsin limited liability company
By:_________________________________
Brian Bell, its Manager

ACKNOWLEDGMENT
STATE OF ___________
COUNTY OF ___________

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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:____________
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

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CITY’S SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT
DATED:______________________

CITY OF OCONOMOWOC
By:_____________________________
Matt Rosek, Mayor

ATTEST:
_____________________________
Gina Kozlik, Clerk
ACKNOWLEDGMENT
STATE OF WISCONSIN

Instrument Reviewed by: H. Stanley Riffle, City Attorney

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Exhibit A
Legal Description of Property
Outlot Two (2) of CERTIFIED SURVEY MAP NO. 9171, being a division of land in the Southwest Onequarter (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:
OCOC0630999023

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Exhibit B
Legal Description of Utility Easement Area

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Exhibit B-1
Depiction of Utility Easement Area

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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.
1

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FINANCIAL IMPACT
N/A
RECOMMENDATION
Discussion only.
SUGGESTED MOTION
N/A

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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 nontandemwheeled 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 mobilityrelated 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)
Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
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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,
Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
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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.

Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
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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
Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
Page 1 of 3

Page 84 of 113

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.

Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
Page 2 of 3

Page 85 of 113

(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.

Created: 2026-05-22 11:29:25 [EST]

(Supp. No. 39)
Page 3 of 3

Page 86 of 113

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)

Created: 2026-05-22 11:29:27 [EST]

(Supp. No. 39)
Page 1 of 1

Page 87 of 113

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.

Created: 2026-05-22 11:29:27 [EST]

(Supp. No. 39)
Page 1 of 1

Page 88 of 113

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)

(c )

Notwithstanding the provisions of subparagraph (e) above, no person shall use in-line skates in front of
any commercial property.

Created: 2026-05-22 11:29:27 [EST]

(Supp. No. 39)
Page 1 of 1

Page 89 of 113

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)

(4)

(5)

RIDING ON ROADWAY.
(a)

(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)

(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)

Created: 2026-05-22 11:29:27 [EST]

(Supp. No. 39)
Page 1 of 2

Page 90 of 113

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.

Created: 2026-05-22 11:29:27 [EST]

(Supp. No. 39)
Page 2 of 2

Page 91 of 113

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)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 1 of 2

Page 92 of 113

(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. #18O938)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 2 of 2

Page 93 of 113

21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED. (Cr. #84-0138; Am. #18-O938)
(1)

(2)

(3)

(4)

(5)

PROHIBITED ACTIVITIES.
(a)

(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)

(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)

(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)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 1 of 2

Page 94 of 113

(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. #18O938)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 2 of 2

Page 95 of 113

21.051 FOWLER LAKE BOARDWALK AND PIER USE CONTROLLED. (Cr. #84-0138; Am. #18-O938)
(1)

(2)

(3)

(4)

(5)

PROHIBITED ACTIVITIES.
(a)

(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)

(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)

(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)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 1 of 2

Page 96 of 113

(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. #18O938)

Created: 2026-05-22 11:29:33 [EST]

(Supp. No. 39)
Page 2 of 2

Page 97 of 113

Page 98 of 113

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.

Page 99 of 113

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.

Y:\Policies & Procedures\Reserve Policy - 2025 DRAFT Revision.docx
99

Page 100 of 113

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. When utilized for capital needs with
approval of the Common Council, and will appropriate funds will be
budgeted in the subsequent year to restore the minimum valueto it
annually to provide for timely replacement of equipment and other capital
projects.

Y:\Policies & Procedures\Reserve Policy - 2025 DRAFT Revision.docx
G:\DATA\Sarah\Fund Balance\Reserve Policy - recommended 2011.docx
100

Page 101 of 113

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Weight

Aaa

Baa

Caa

F actor: Economy (30%)

Resident Income
(MHI Adjusted for RPP/US MHI)[1]
Full Value per Capita
(Full Valuation of the Tax Base /
Population)[2]
Economic Growth
(Difference Between Five-Year Compound
Annual Growth in Real GDP and Five-Year
CAGR in Real US GDP)[3]
F actor: Financial Performance (30%)

10%

100% - 120%

80% - 100%

65% - 80%

50% - 65%

35% - 50%

20% - 35%

< 20%

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

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]
Liquidity Ratio
(Unrestricted Cash/Revenue)[5]

20%

25% - 35%

15% - 25%

5% - 15%

0% - 5%

(5)% - 0%

(10)% - (5)%

< (10)%

10%

30% - 40%

20% - 30%

12.5% - 20%

5% - 12.5%

0% - 5%

(5)% - 0%

< (5)%

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Weight

Aaa

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.

Baa

Caa

F actor: Institutional Framework (10%)
The majority of
The majority of
revenue is subject revenue is subject
to externally
to externally
imposed caps but imposed caps but
the governing
the governing
body can increase body can increase
revenue
revenue
meaningfully
moderately
without the
without the
approval of voters approval of voters
or other
or other
governments.
governments.
Or
Or
The ability to
The ability to
meaningfully
meaningfully
reduce
reduce
expenditures is
expenditures is
mildly constrained moderately
by externally
constrained by
imposed
externally
mandates or
imposed
restrictions.
mandates or
restrictions.

The majority of
The majority of
revenue is subject revenue is subject
to externally
to externally
imposed caps and imposed caps and
the governing
the governing
body can increase body cannot
revenue only
increase revenue
minimally without without the
the approval of
approval of voters
voters or other
or other
governments.
governments.
Or
Or
The ability to
The ability to
meaningfully
meaningfully
reduce
reduce
expenditures is
expenditures is
heavily
very heavily
constrained by
constrained by
externally
externally
imposed
imposed
mandates or
mandates or
restrictions.
restrictions.

The majority of
Not applicable.
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.

F actor: Leverage (30%)
Long-term Liabilities Ratio
((Debt + ANPL + Adjusted Net OPEB +
Other Long-Term Liabilities)/Revenue)[6]
Fixed-costs Ratio
(Adjusted Fixed Costs/Revenue)[7]

20%

100% - 200%

200% - 350%

350% - 500%

500% - 700%

700% - 900%

900% - 1,100%

> 1,100%

10%

10% - 15%

15% - 20%

20% - 25%

25% - 35%

35% - 45%

45% - 55%

> 55%

P reliminary outcome

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Notching factors
A dditional trength in Local Resources
0 to +2 notches
Limited cale of Operations
-1 to 0 notches
F inancial Disclosures
-2 to 0 notches
P otential Cost hift to or from the tate
-1 to +1 notches
P otential for ignificant Change in Leverage
-2 to +1.5 notches
corecard-indicated outcome

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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

108

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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

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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
[email protected]
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

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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
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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

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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

113

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