On the agenda: Prescott meeting — ALPR (Sep 28)

CITY OF PRESCOTT, WISCONSIN
MEETING NOTICE
REGULAR CITY COUNCIL MEETING
MONDAY, SEPTEMBER 28, 2026, AT 6:00 P.M.
800 BORNER STREET
PRESCOTT, WI 54021
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – THE CITY COUNCIL WILL RECEIVE PUBLIC COMMENTS
ON ANY ISSUE(S) RELATED TO AGENDA ITEMS. LIMITED DISCUSSION BY THE CITY COUNCIL
MAY TAKE PLACE.
5. CONSENT AGENDA
1.
Health and Safety Committee Minutes – September 14, 2026
2.
City Council Minutes – September 14, 2026
3.
Police Commission Minutes – September 15, 2026
4.
Parks and Public Works Committee Minutes – September 21, 2026
5.
Finance Committee Minutes – September 23, 2026
6.
Approval of Service Agreement with Chippewa Valley Technical College for First Aid/CPR/AED
Training Class for October 27
7.
Approval of Firewood Shed at Magee Park
6. REPORTS OF STANDING COMMITTEES AND COMMISSIONS
A. FINANCE COMMITTEE
1.
Committee Report – Wednesday, September 23, 2026
2.
Budget Meeting – Wednesday, October 7 at 4:00 PM
B. PLANNING COMMISSION
1.
Next Meeting – Monday, October 5 at 6:00 PM
C. PARKS & PUBLIC WORKS
1.
Committee Report – Monday, September 21, 2026
2.
Next Meeting – Monday, October 19, 2026, at 5:00 PM
D. HEALTH & SAFETY
1.
Next Meeting – Monday, November 16, 2026, at 5:00 PM
E. PERSONNEL
1.
Next Meeting – Wednesday, November 4, 2026 at 5:00 PM
7. COMMUNICATIONS & NEW BUSINESS
1.

PUBLIC COMMENTS – The City Council will receive public comments on any issue(s) not related to
agenda items. Limited discussion by the City Council may take place; however, no action will be taken
on any items. This includes receiving written requests or documentation and possible action at a future
meeting.

2.

Response to Public Comment – Potential Expansion of Slow-No-Wake Zone on the St. Croix River

3.

Approval of 5’ Wide Utility Easement Between the City of Prescott and T-Mobile

4.

Resolution 44-26 Approving Traffic Control Changes on Borner Street

5.

Resolution 45-26 Approving a State/Municipal Agreement with the Wisconsin Department of
Transportation for the Prescott US Highway 10 and State Highway 35 Bike/Pedestrian Transportation
Alternatives Program Project

8. OTHER BUSINESS
1.
None
9. CLOSED SESSION
1.

Closed Session per Wisconsin State Statute 19.85 (1)(e) “Deliberating or negotiating the purchasing of
public properties, the investing of public funds, or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session.”
a. Discussion on Parcel ID 020-01101-1000
b. Discussion on 915 Canton Street

2.

Reconvene into Open Session

3.

Possible Action on Closed Session Items(s)

NOTICE
ACCESS TO THE MUNICIPAL BUILDING FOR THE DISABLED IS AVAILABLE THROUGH THE REAR
PARKING LOT ENTRANCE. ALL THOSE WITH SPECIAL NEEDS SHOULD CALL CITY HALL OFFICES
(715-262-5544) IF ASSISTANCE IS NEEDED

HEALTH & SAFETY COMMITTEE MEETING MINUTES
SEPTEMBER 14, 2026
Pursuant to due call and notice thereof, a meeting of the Health & Safety Committee was held on
Monday, September 14, 2026, at 800 Borner St., Prescott, WI 54021.
1. Call to Order/Roll Call: The meeting was called to order by Chair Dar Hintz at 5:06 PM.
Members present were Dar Hintz, Maureen Otwell, and Bailey Ruona. Also present were City
Administrator Matt Wolf, Clerk Rashel Temmers, Police Chief Eric Michaels, Mayor Michael
Gerke, and Lindsey Sorenson.
2. Approval of Health and Safety Committee Minutes from July 13, 2026.
Committee Member Ruona motioned to approve the minutes from July 13, 2026, seconded by
Committee Member Otwell. Motion passed unanimously by a voice vote, 3-to-0.
3. Review of ALPR Cameras in the City of Prescott
4. Discuss Ordinance Language for E-Bikes, E-Scooters, and Electronic Motorcycles
Police Chief Eric Michaels presented concerns regarding the operation of E-Bikes, E-Scooters,
and Electronic Motorcycles within the city limits. Chief Michaels main concern is the instances
where children are operating these vehicles through stop signs and creating roadway safety
hazards. Wisconsin State law already establishes requirements for these vehicles under Statute
§ 340.01, which includes speed limits, licensing, and registration requirements. A municipality
cannot enact an ordinance that prohibits what the state law allows. However, state law does
provide municipalities with the authority to regulate where certain E-vehicles may be operated,
which municipalities throughout Wisconsin are starting to create in order to regulate them.
After some discussion, there was no motion on this item, and the committee recommended
tabling this item to the next Health and Safety Committee meeting in order for staff to collect
more information.
5. Employee Training on CPR/AED/First Aid
City Administrator Matt Wolf presented on the proposed First Aid/CPR and AED Training for city
staff. Staff have been working with Chippewa Valley Technical College (CVTC) regarding on-site
training for city employees. The training would be offered to all full-time non-union employees
and would be conducted at City Hall. The proposed training would take place on October 27,
2026, or October 28, 2026.
Committee member Ruona motioned to approve Employee Training on CPR/AED/First Aid.
Committee member Otwell seconded the motion. There was no further discussion. Motion
passed unanimously by a voice vote, 3-0.

6. Review of Three-Hour Parking on Borner Street
City Administrator Matt Wolf presented on the proposal to designate the west side of Borner
Street, from St. Croix Street to James Street, as no parking. Currently, the west side of Borner
Street is designated as three-hour parking. Initially, it was designated as such to prevent longterm parking during sporting events. With the development of ball fields on Dexter Street, the
demand for event-related parking on Borner Street has been reduced, resulting in fewer issues
with vehicles being parked for extended periods of time. At the same time, the city has
observed increased use of on-street parking along Borner Street by residents and guests of the
Prescott Heights Apartments. The proposal to remove the three-hour parking on the west side
of Borner Street would make parking on the west side subject to the same general on-street
parking regulations that apply anywhere else in the city. The east side of Borner would remain
designated as no parking.
Committee member Otwell motioned to approve the removal of the three-hour parking on
the west side of Borner Street between St. Croix Street and James Street. Committee member
Ruona seconded the motion. Chair Hintz stated that there should be some discussion with the
apartment complex owner about painting the curb and no parking. Committee member
Otwell amended her motion to include discussion with the apartment owners. Chair Hintz
seconded the amended motion. Motion passed unanimously by a voice vote, 3-0.
7. Other Business:
Chief Michaels stated that he would like to review the city’s Golf Cart Ordinance at the next
Health and Safety Committee meeting.
8. Adjournment: Committee Member Ruona made a motion to adjourn the meeting, seconded
by Committee Member Otwell. Motion passed unanimously (3-to-0); meeting adjourned at
5:52 p.m.
Respectfully Submitted,

Rashel Temmers
Rashel Temmers
City Clerk

September 14, 2026, City Council Meeting Minutes
Pursuant to due call and notice thereof, the City Council Meeting of the Prescott City Council was
held on Monday, September 14, 2026, in the Prescott Municipal Building, 800 Borner St., Prescott,
WI 54021.
1.

CALL TO ORDER
Mayor Gerke called the regular City Council meeting to order on September 14, 2026, at 6:00
p.m.

2.

ROLL CALL
Members present for the roll call were Lindsey Sorenson, Ben Bettis, Maureen Otwell, Dar
Hintz, Adam Granquist, and Bailey Ruona. Also present were City Administrator Matt Wolf
and City Clerk Rashel Temmers.

3.

PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.

4.

CONSENT AGENDA
1.
2.
3.
4.
5.
6.
7.

Tourism Committee Minutes – August 8, 2026
City Council Minutes – August 24, 2026
Personnel Committee Minutes – August 26, 2026
General Fund Balances – August 2026
Cash Balances – August 2026
Paid Invoices Report – August 2026
Special Event Permit – A Night Through Time – November 7, 2026 at Prescott
Historical Society from 6:00 PM to 10:00 PM

Granquist/Ruona motioned to approve the consent agenda items 1-7 . There was no
further discussion on the motion. The motion passed without a negative voice vote.
5.

6.

REPORTS OF STANDING COMMITTEES AND COMMISSIONS
A.

FINANCE COMMITTEE
1. Budget Meeting will be held on September 23, 2026, at 5:00 PM
2. Budget Meeting will be held on October 7, 2026, at 4:00 PM

B.

PLANNING COMMISSION – Next meeting – Monday, October 5, 2026,
at 6:00 PM

C.

PARKS & PUBLIC WORKS – Next meeting – Monday, September 21,
2026, at 5:00 PM

D.

HEALTH & SAFETY – Next meeting – November 16, 2026, at 5:00 PM
Alderperson Hintz provided an overview of the minutes from the Health and
Safety Committee meeting of September 14, 2026.

E.

PERSONNEL - Next Meeting – November 4, 2026, at 5:00 PM

COMMUNICATIONS AND NEW BUSINESS
1.

PUBLIC COMMENTS – The City Council will receive public comments on any
issue(s) not related to agenda items. Limited discussion by the City Council may take
place; however, no action will be taken on any items. This includes receiving written
requests or documentation and possible action at a future meeting.

Todd Langenfeld discussed drainage issues at his 220 Broad St property, claiming
that prior alley paving had resulted in water draining toward his property. He was
unwilling to cost-participate in any private drain improvements to the City’s storm
sewer in the alley, stating that the City should be responsible for this cost.
Joe Bauman of 440 Lake St questioned the possibility of creating a no wake zone 300
yards north of where it is currently to reduce shoreline erosion.
2.

Presentation of Prescott Area Historical Society Year in Review
Dallas Eggers mentioned the success of their speaker series and noted that the
Historical Society has seen a significant increase of visitors in the last couple of
years. The Prescott Historical Society has also separated from Pierce County this
summer to establish 501(c)3 status and apply for grants separately from the latter.
Otwell/Hintz moved that the City provide $3,000 in funding to the Prescott Area
Historical Society as part of the 2027 budget. There was no discussion on the
motion. The motion passed without a negative voice vote.

3.

Update and Decision on Next Steps Regarding 915 Canton Street
City Administrator Wolf presented a background of the property, including findings
from an inspection conducted by himself, Todd Dolan of AllCroix Inspections, and
Police Chief Michaels. Council proceeded with a repair or raze approach, with a
repair and improvement plan being approved on February 23, 2026. No meaningful
sign of progress has occurred in the last six months, resulting in the City Attorney
providing formal notice of noncompliance on August 31, 2026 to the property owner.
It was noted that any interested buyers would also need to comply with the original
Repair Agreement, should ownership be transferred. This property has been identified
in the 2026 Comprehensive Plan as appropriate to transition to a multi-family
residential/commercial area.
Two options were presented to the Council: either to allow a repair order with a new
owner, or to continue with the raze order and remove the building.
Otwell/Granquist motioned to proceed with the raze order on 915 Canton St.
There was no discussion on the motion. Motion passed without a negative voice
vote.

7.

OTHER BUSINESS
Economic Development 101 – Monday, September 21 from 2:00 PM – 5:00 PM at
River Falls St. Croix Business Innovation Center
City Administrator Wolf extended an invitation to Council Members to attend this
session.

8.

CLOSED SESSION
1.

Closed Session per Wisconsin State Statute 19.85 (1)(c) “Considering employment,
promotion, compensation or performance evaluation data of any public employee
over which the governmental body has jurisdiction or exercises responsibility.” – City
Administrator
Otwell/Ruona motioned to enter closed session at 6:51 p.m. There was no
discussion on the motion. Mayor Gerke called for a roll-call vote; Sorensen – yes,
Bettis – yes, Hintz – yes, Granquist – yes, Otwell – yes, and Ruona – yes. Motion
passed without a negative vote.
Granquist/Otwell motioned to come out of closed session at 7:12 p.m. There was
no discussion on the motion. Mayor Gerke called for a roll-call vote; Sorensen –
yes, Bettis – yes, Hintz – yes, Granquist – yes, Otwell – yes, and Ruona – yes.
Motion passed without a negative vote.

2.

Possible Action on Closed Session Items(s)
Otwell/Ruona motioned to make contract amendments to the City
Administrator Employment Agreement from a 3-month severance to a 6-month
severance, which will be brought before Council for formal approval. There was
no discussion on the motion. Motion passed without a negative voice vote.

9.

ADJOURNMENT
Ruona/Otwell motioned to adjourn the meeting at 7:17 p.m. There was no discussion on the
motion. Motion passed without a negative voice vote.

Respectfully Submitted,

Ruth Whall

Ruth Whall
Administrative Assistant

​Prescott Wisconsin Police Commission Meeting​
​September 15, 2026​

​The meeting was called to order at 5:58 PM by President Pierce.​
​ embers present: President Mark Pierce, Dave Hovel, Tom Gotzinger and Scott​
M
​Grabowski​
​Absent member: Lisa Johnson​
​Guests: Deputy Andy Thoms, Officer Kyle Knepler​
​5:59 PM Motion by Hovel to go into closed session 2nd by Gotzinger​
​6:32 PM Motion by Hovel to go out of closed session 2nd by Gotzinger​
​ otion by Hovel, to allow discussed items in closed session to be at the discretion of​
M
​Chief Michaels, 2nd by Grabowski. After a short discussion it was passed.​
​6:34 PM Motion by Hovel to adjourn 2nd by Pierce.​
​Meeting ended at 6:34 PM​
​Next meeting to be determined.​

Parks and Public Works Committee Meeting Minutes
September 21st, 2026
Pursuant to due call and notice thereof, a meeting of the Parks and Public Works
Committee was held September 21st, 2026, Municipal Building, 800 Borner Street,
Prescott, Wisconsin, 54021. The meeting was called to order at 5:01 PM.
Committee Present: Ben Bettis, Dar Hintz, Lindsey Sorenson
Committee Absent: None
Staff Present: City Administrator Matt Wolf, City Planner Luke Wiese
Others Present: Mayor Mike Gerke, Greg Adams of Cedar Corporation
1. Approve Minutes for July 20th, 2026
Hintz motioned to approve the minutes for July 20th. Bettis seconded; motion passed
without a negative voice (3-0).
2. Discussion on Riverfront Improvements Dock Planning
City Administrator Wolf provided an update on the potential riverfront transient dock. The
City was awarded a $53,395 Boating Infrastructure Grant for the Phase 2 riverfront
improvements. The grant is intended for transient recreational vessels 26 feet or longer.
Greg Adams of Cedar Corporation presented the riverfront transient dock proposal. The
dock incorporates multiple slip sizes and angled slips.
Committee member Bettis expressed concerns with the current design. He noted that the
angled slips are oriented opposite the direction of the river flow, which may make it difficult
to park. Bettis also raised concerns about ice and said the dock should be designed with
that in mind.
Bettis asked if some of the slips could be seasonal. Wolf explained that the grant may not
allow seasonal slips, but staff would confirm. Wolf stated that if the grant does not allow
seasonal slips, it may be better for the City to forego the grant if seasonal slips are
preferred.

The Committee supported incorporating electrical service, public Wi-Fi, potable water
service, dock lighting, security cameras, and slip numbering into the design. Committee
member Sorenson suggested that staff coordinate with the Fire Chief regarding safety
equipment and emergency access features.
3. Well 4 Park Concept Plan
City Planner Luke Wiese presented the Well 4 Park Concept Plan. The concept plan would
replace the existing Prescott Skate Park.
The plan incorporates climbing as a central play element while also adding a trail
connection from Borner Street to Dexter Street. A picnic pavilion, playground equipment,
and possible relocation of equipment from Shane Park Circle are also included in the plan.
The Committee generally supported the concept plan, including climbing as the central
recreational element, and preferred the name The Bluffs Park. Staff will continue refining
the concept and return with a final design at a future meeting.
4. 526-11 Dead or Diseased Tree Removal on Private Property
City Administrator Wolf gave an overview of City Code § 526-11. The ordinance allows the
City to require removal of dead or diseased trees on private property when the trees
constitute a hazard to life and property or harbor insects or disease that pose a potential
threat to other trees within the City. Property owners are notified in writing and have 60
days after service of the notice to remove the tree at their own expense. If the property
owner does not comply, the City may remove the tree and charge the cost of removal on
the owner's property tax notice. Wolf explained that the City has typically addressed these
issues after receiving a complaint and asked whether the Committee would like staff to
take a more proactive approach.
The Committee preferred to first get an idea of how many trees and properties this would
apply to. They also stated that enforcement should focus on trees that present an
immediate threat and directed staff to create a set of parameters.
Greg Adams of Cedar Corporation said there is a Wisconsin DNR grant opportunity that
may help offset the cost of tree removal.
5. Firewood Shed at Magee Park
City Administrator Wolf presented the request from Coulee River Trails to place a small
firewood shed at Magee Park for use by park visitors. The shed would be constructed
through the Prescott High School woods/technical education program and would measure

approximately 8 feet wide by 6 feet deep. The final location and placement of the shed
would be coordinated with City staff.
Hintz motioned to recommend the fire shed at Magee Park to Council for approval.
Bettis seconded; motion passed without a negative voice (3-0).
6. Other Business
City Administrator Wolf provided an update on the Armstrong Bench. After looking at the
non-motorized boat launch, the Armstrong family preferred to have the bench moved to
another location within Mercord Mill Park.
The Committee said the bench could be moved when Public Works has time.
Committee member Hintz commented on potholes on Campbell Street and Henry Street.
Hintz also raised a lighting concern for the area and said it should be accounted for if the
City pursues a trail system along Campbell Street.
Commissioner Hintz motioned to adjourn. Bettis seconded; motion passed without a
negative voice (3-0). The meeting was adjourned at 6:24 PM.
The next Parks & Public Works Committee will be October 19, 2026, at 5:00 PM.
Respectfully Submitted,

Luke Wiese, Planner

September 23, 2026, Finance Committee Meeting
Meeting Minutes
Pursuant to due call and notice thereof, a meeting of the Finance Committee was held on
Wednesday, September 23, 2026, in the Prescott Municipal Building, 800 Borner St.,
Prescott, WI 54021
1.

Call to Order
Mayor Gerke called the Finance Committee meeting to order on Wednesday,
September 23, 2026, at 5:04 p.m.

2.

Roll Call
Committee present: Chair Mayor Gerke, Councilmember Sorenson, Councilmember
Bettis, Councilmember Hintz, Councilmember Ruona, and Councilmember Otwell.
Committee members absent: Councilmember Granquist.
Staff present: City Administrator, Matt Wolf, City Treasurer, Beth Lansing, Police
Chief, Eric Michaels, and Library Director, Carissa Langer.
Others Present: Greg Adams, Cory Scheidler, and Jessie Sather with Cedar
Corporation

3.

Discussion on Concept Plans and Costs for Police, Library, City Hall and Shared
Space Improvements
Cedar Corporation Architecture Director Sheidler presented on the conceptual layouts
for a combined Police, Library, and City Hall Building with shared space. The layouts
included a potential option to add a Fire Hall in the future. The Finance Committee
requested a tax impact review of two separate options at the upcoming Finance
Committee meeting on October 7:
Option 1 – Construction of Police, Library, City Hall and Shared Space as
shown in the concept plans (total estimate of $11.5 million).
• Option 2 – All of the construction included in Option 1 plus the Fire Hall
(total estimate of $17.1 million).
•

4.

2026 Budget Overview
City Treasurer Lansing gave a presentation on the current year end projections of the
2026 Budget.

5.

2027 Capital Improvement Items Discussion
City Administrator Wolf gave a presentation on the 2027 Capital Improvements Items
found in the Finance Committee packet. The Committee was in favor of moving
forward with financing the City’s portion of the well #4 improvements out of the
City’s Water Fund rather than a potential water rate increase if approved by the
Wisconsin DNR and PSC.

Councilmember Hintz requested that power be added to the pavilion at Fairy
Wonderland Park. Mayor Gerke requested that the City review the culvert at Henry
and Campbell Street to make sure no further repairs are needed before the Orrin Road
Mill and Overlay Project. Staff will review these items and make sure they are
addressed.
6.

2028 and Beyond Capital Projects
City Administrator Wolf gave a presentation on the possible extension of Ryden Road
in 2028 and the Long Term Water Utility Improvements. The Committee expressed
their approval of moving forward with the Ryden Road extension in 2028 unless a
potential user buys one of the lots, which could move up the timeline.
The Committee did not have concerns regarding the long-term water improvements.
Councilmember Ruona requested that the City review our emergency preparedness
especially as it relates to utilities.

7.

2027 Wage and Personnel
City Treasurer Lansing presented on the 2027 Wages and Personnel with a proposal
that non-represented staff be given a 3% cost of living adjustment and represented
staff (Police) have a 4% increase as found in their union agreement with the City. The
Committee was fine with the wage proposals for the 2027 Budget and requested that
an updated compensation study be done in 2028.

8.

Discussion on Long Term Options for 256 Front
City Treasurer Lansing presented three options for the property at 256 Front Street:
•
•
•

Option 1 – Short Term Rental
Option 2 – Long Term Rental
Option 3 – Sale for Commercial Property

The Finance Committee reviewed and preferred Option 1 pending review by the City
Attorney.
9.

Ruona/Sorenson motioned to adjourn the Council meeting at 7:40 p.m. Motion
passed without a negative voice vote.

Respectfully Submitted,

Matthew J. Wolf
City Administrator

To:

Mayor and Council

From:

Matt Wolf, City Administrator

Date:

September 25, 2026

Subject:

First Aid, CPR, and AED Training

Discussion
Staff has been in contact with Chippewa Valley Technical College (CVTC) regarding onsite first aid, CPR, and AED training for City employees. The training would be offered
to all full-time non-union employees and would be conducted at City Hall.
Based on current staffing, approximately 16 employees would participate. To
accommodate staff schedules and maintain City operations, the training would be
provided in two separate sessions. The proposed costs from CVTC are provided below.

Benefits of the training for the staff would include:
•
•
•
•
•
•
•
•

Faster emergency response
Improved survival from cardiac arrest
Better response to workplace injuries
Protection of the public
Greater employee confidence
Stronger workplace safety culture
Support for emergency responders
Reduced organizational risk

The Health and Safety Committee approved sending this item to Council at their
meeting on September 14, 2026 by a vote of 3-to-0.

Recommendation
Approve the Service Agreement with Chippewa Valley Technical College for First
Aid/CPR/AED Training Class for October 27.

To: Mayor and Council
From: Matt Wolf, City Administrator
Date: September 24, 2026
Subject: Firewood Shed at Magee Park
Discussion
Coulee River Trails (CRT) is requesting approval to place a small firewood shed at
Magee Park for use by park visitors. The shed
would be constructed through the Prescott High
School woods/technical education program and
would measure approximately 8 feet wide by 6
feet deep.
The proposed shed would contain divided
sections identifying the quantity of firewood
included with each purchase. Firewood would be
available on an honor-system basis, with
payments deposited into a secured lockbox
located at the shed. Funds collected would go to
the High School technical education program.
The High School program would be responsible
for stocking the firewood and maintaining the
shed, with CRT providing oversight and
coordinating with the program as necessary. CRT
would also install a placard on the shed outlining
the proper use, purchasing instructions, and
applicable rules.

Figure 1 Example of woodshed without dividers.

The proposed firewood shed would provide a convenient source of firewood for Magee
Park users while also creating an opportunity for the High School technical education
program to participate in an ongoing community project.
The Parks and Public Works Committee recommended the firewood shed to Council by
a vote of 3-to-0. With a final location yet to be determined.
Recommendation

Consider approval of Coulee River Trails' request to install and operate an
approximately 8' x 6' firewood shed at Magee Park, subject to coordination with City
staff regarding the final location and placement of the shed.

To:

Mayor and Council

From:

Matt Wolf, City Administrator

Date:

September 24, 2026

Subject:

Response to Public Comment – Expansion of Slow No Wake Zone

Background
At the September 14, 2026 City Council meeting, Joe Bauman, 440 Lake Street, asked
whether the City could extend the existing slow-no-wake zone approximately 300 yards
north to help reduce shoreline erosion.
Staff contacted Robert Kneeland with the Wisconsin Department of Natural Resources
(DNR) regarding the City's authority and the process for considering an expanded slowno-wake area.
Discussion
According to Mr. Kneeland, there is a possibility that the City could establish an
expanded slow-no-wake zone through a local boating ordinance under Wis. Stat. §
30.77. DNR staff consulted with their legal department and were not aware of any state
statute or administrative rule that would preempt the City from adopting such an
ordinance.
The DNR's boating ordinance guidance confirms that cities may adopt local boating
regulations in the interest of public health, safety or welfare, including the preservation
of natural resources. Local ordinances may include speed restrictions and restrictions
on boating activities within specified portions of a river or stream.
Any ordinance would need to be consistent with existing St. Croix River regulations
under Wis. Admin. Code § NR 5.33 and other applicable state and federal laws.
The DNR also provided a 1984 legal opinion regarding local boating regulation on the
St. Croix River. While the opinion addressed St. Croix County rather than the City of
Prescott, it supports the general conclusion that local boating regulations may be
enforceable on this boundary water.
Recommended Process
Mr. Kneeland provided the DNR publication A Guideline for Creating Local Boating
Ordinances and Placing Waterway Markers in Wisconsin Waters. The most relevant
portions include:

•

Page 5 – Local Boating Ordinances: Describes the ordinance process and
factors that should be considered, including waterway characteristics, boating
traffic and speeds, public safety, congestion, recreational use and impacts on
natural resources.

•

Page 7 – Condition Report: Although the DNR does not perform advisory
ordinance reviews for rivers, Mr. Kneeland recommended preparing a condition
report documenting why the additional regulation is needed. The report should
identify existing conditions, how the ordinance would address them, potential
negative impacts and arguments both for and against the regulation.

•

Page 15 – Slow-No-Wake Ordinance: Provides model ordinance language and
requires the regulated area to have clearly defined beginning and ending points.

•

Page 25 – Mapping: Provides examples for mapping the regulated area and
proposed waterway markers.

Because shoreline erosion is the primary concern, a condition report could document
existing erosion, boat traffic and speeds, shoreline characteristics, photographs, the
proposed 300-yard extension, effects on navigation and comments from affected
property owners and river users. However, staff have not reached out to any
consultants who would be able to complete this work for cost estimates.
Challenges and Financial Implications
Based on the information received from the DNR, the City appears to have a legal
avenue to consider extending the existing slow-no-wake zone. However there are the
following challenges and costs that would need to be addressed.
1. Intergovernmental Coordination - The St. Croix River is a federal navigable
waterway and forms the boundary between Wisconsin and Minnesota. The DNR
therefore recommended that the City consult with the U.S. Coast Guard,
Minnesota authorities, and the City Attorney to determine whether there are
additional jurisdictional or regulatory requirements associated with expanding the
slow-no-wake zone.
2. Waterway Markers - If additional regulatory buoys or markers are required,
permits and approvals would need to be obtained. The Wisconsin DNR can issue
waterway marker permits only for markers located in Wisconsin waters. Any
markers outside Wisconsin waters may require approval from Minnesota or the
appropriate federal authority.
3. Condition Report - Before adopting an ordinance, the DNR recommended
preparing a condition report establishing the factual basis for the additional
regulation. Because the purpose of the proposed expansion is to reduce
shoreline erosion, the report would need to document existing shoreline

conditions, boating activity, the effects of boat wakes, and why extending the
slow-no-wake zone is a reasonable response. Preparing the report would require
professional and technical assistance at an unknown cost.
4. Enforcement - If the City adopts a local boating ordinance, the City would be
responsible for enforcing it. The City currently does not have a water patrol or
other direct means of enforcing boating violations on the river. Before adopting
an ordinance, the City would need to determine how enforcement would occur
and whether an agreement with another law enforcement agency could be done
or additional equipment and staffing would be necessary.
Recommendation
Give a recommendation on next steps to staff to further consider or table further
discussion.

To:

Mayor and Council

From:

Matt Wolf, City Administrator

Date:

September 24, 2026

Subject:

Utility Easement with T-Mobile

Background
The City currently leases space at the City’s water tower property located at 2000
Tower Street North, also identified as 769 Dexter Street, for telecommunications
equipment. The original Site Lease Agreement was entered into with Sprint Spectrum in
2000 (T-Mobile merged with Sprint in 2020) and provides for telecommunications
facilities on and adjacent to the City’s water tower. The lease has subsequently been
amended as the telecommunications equipment at the site has been modified and
upgraded.
T-Mobile, through its agent Concordia Wireless, Inc., has requested approval of a new
utility easement associated with upgrading its existing telecommunications facilities.
The project would consist of the installation of one new 2-inch fiber conduit extending
from T-Mobile's existing lease area to an existing meet-me-point handhole on the
property. The conduit would be installed by trenching, and one new handhole would
also be installed. No new antennas or other wireless equipment are proposed as part of
this project.
Discussion
To accommodate the fiber installation, T-Mobile is requesting that the City grant a 5foot-wide utility easement across a portion of the City property. The proposed easement
contains approximately 1,195 square feet, or 0.027 acres.
The easement would be non-exclusive and would allow T-Mobile to install, operate,
maintain, repair and ultimately remove fiber, conduit and related utility equipment. TMobile would be responsible for the costs associated with installation and would be
required to repair or replace physical damage caused by its work.
The easement agreement provides that its term will coincide with the term of the
existing lease, including amendments, and that the easement automatically terminates
upon termination of the underlying lease. This ensures that the City is not granting a
permanent utility right independent of T-Mobile's continued operation at the City’s water
tower.

The proposed agreement also provides protections for the City. The City retains use of
the easement area so long as its use does not interfere with the utilities; assignment of
the easement requires City approval; T-Mobile provides indemnification to the City for
claims arising from its activities; and T-Mobile is responsible for recording the easement
at its expense.
One provision Council should be aware of is that if the City later needs to relocate or
modify improvements that affect the easement area, the easement may be relocated
provided T-Mobile's service is not materially interrupted; however, the agreement places
the cost of such relocation on the City. Given the relatively narrow easement and its
purpose of serving the existing telecommunications installation, staff do not currently
anticipate this creating a significant conflict with use of the property.
Recommendation
Approval of the 5’ Wide Utility Easement Between the City of Prescott and T-Mobile
Attachments
1. Utility Easement Agreement w/ Exhibits

Prepared by and, when recorded, please return to:
Concordia Wireless, Inc.
361 Randy Rd
Suite 101
Carol Stream, IL 60188
Attn: Owen Nason

Grantee Site Name ID: A1Q0119A

GRANT OF 5’ WIDE UTILITY EASEMENT
THIS GRANT OF 5’ WIDE UTILITY EASEMENT (“Easement”) is made and entered into on this
______ day of ___________________, 2026, by and between City of Prescott, a municipal corporation
under the laws of Wisconsin (hereinafter “Grantor”), and T-Mobile Central LLC, a Delaware limited
liability company (hereinafter “Grantee”), with its principal offices located at 1400 Opus Place, Downers
Grove, IL 60515. Grantor and Grantee are at times collectively referred to hereinafter as the “Parties” or
individually as the “Party”.
WHEREAS, Grantor is the owner of certain real property located in Pierce County, Wisconsin, as
more fully described in Exhibit A attached hereto and incorporated herein by reference (the “Property”);
WHEREAS, Grantor has agreed to grant to Grantee a certain easement over, under, and across a
portion of the Property as legally described in Exhibit B attached hereto and incorporated herein by
reference (the “Easement Area”);
WHEREAS, Grantor is the owner of certain real property located in Pierce County, Wisconsin, as
legally described in Exhibit C attached hereto and incorporated herein by reference (the “Survey”); and
WHEREAS, Grantee has a tenant interest at a communications site located at the Property
(“Lease”) and this Easement will support such interest.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties, it
is covenanted and agreed as follows:

1

1. Grant of Easement. Subject to the conditions of this Easement, Grantor hereby grants, gives and
conveys to Grantee and its successors and assigns a non-exclusive easement over, under, and across
the Easement Area for the purposes of installation, construction, operation, use, maintenance,
repair, and removal of utility wires, fiber, cables, conduits, pipes, and ancillary equipment
(collectively, the “Utilities”). Grantor acknowledges that a utility company may be utilized by
Grantee to conduct the installation, construction, operation, use, maintenance, repair, and removal
of the Utilities. Grantor hereby agrees that said utility company shall be permitted to perform such
operations and have access to the Easement Area. All costs directly associated with the installation
of any Utilities in the Easement Area shall be the responsibility of Grantee.
2. Restoration of Easement. Grantee shall promptly repair or replace all physical damage over the
Easement Area proximately caused by the construction, operation, maintenance or use of the
Utilities by Grantee.
3. Term. The easement, rights, and privileges herein granted shall be for a term coinciding with the
term of the Lease, including any amendments thereof, and shall, without any further action on the
part of Grantor or Grantee, terminate immediately upon the termination of said Lease. In addition,
Grantee may terminate this Easement at any time upon notice to Grantor.
4. Covenants Running with the Land. The easement created, established and granted hereby shall (a)
exist at all times hereafter amongst all persons, corporations, partnerships, trusts, or other entities
having or acquiring ownership or other interest in and to the Easement Area or any portion thereof
while this Easement is in effect; (b) be binding upon and inure to the benefit and detriment of
Grantee and Grantor and their respective successors and assigns; and (c) run with the land subjected
to this Easement, to be held, owned, and conveyed subject to this Easement.
5. Grantor Use of the Easement Area. Following completion of installation of the Utilities, Grantor
reserves full use of the Easement Area which is not inconsistent with the existence and maintenance
of the Utilities, provided, however, that Grantor shall not (a) change elevation or grade within the
Easement Area or (b) construct any structure, building, or obstruction upon the Easement Area
without the prior written consent of Grantee, which consent shall not be unreasonably withheld,
conditioned or delayed.
6. Assignment. This Easement may be, assigned or transferred by Grantee with approval or consent
of Grantor, which consent shall not be unreasonably withheld, conditioned or delayed.
7. Transfer of Ownership of Property. Whenever a transfer of ownership of the Property occurs, the
transferor shall remain liable for any breach of covenant occurring before the transfer but shall not
be liable for any breach of covenant occurring after the transfer. Any transferee shall automatically
assume, and be bound by, the burdens and obligations hereunder running with the land.
8. Indemnification. Grantee agrees to indemnify, defend and hold harmless Grantor from and against
all claims and liabilities caused by or arising out of (a) Grantee’s breach of any of its obligations,
covenants or warranties contained herein or (b) Grantee’s acts or omissions with regards to this
Easement, except in each case to the extent such claims or liabilities may be due to or caused by
the negligence or willful misconduct of Grantor.
9. Interpretation. The rule of strict construction does not apply to the grants herein. The grants herein
shall be given a reasonable construction to carry out the intentions of the parties.

2

10. Notice & Contacts. All notices and other communications given pursuant to this Easement shall be
in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by
commercial courier, provided the courier's regular business is delivery service and provided further
that it guarantees delivery to the addressee by the end of the next business day following the courier's
receipt from the sender, addressed as follows (or any other address that the party to be notified may
have designated to the sender by like notice:
GRANTOR:

Attn: City Administrator
City of Prescott
800 Borner Street
Prescott, WI 54021-2012

GRANTEE:

T-Mobile Central LLC
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ A1Q0119A

11. Entire Agreement. This Easement constitutes the entire agreement between Grantor and Grantee
relating to the subject matter hereof. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Easement are of no force and effect.
12. Authority. Grantor represents and certifies that it is fully empowered to execute and deliver this
document; that Grantor has full capacity to convey the real estate described herein; that there are
no other liens, judgment or impediments of title on Grantor’s Property or affecting Grantor’s title
to the same; that there are no covenants, easements or restrictions which prevent the use of the
Easement by the Grantee set forth above; and that all necessary action for the making of such
conveyance has been taken and done. Grantor agrees to indemnify and hold Grantee harmless from
any loss or liability arising out of, or in connection with, any breach of any of the representations,
warranties or covenants made by Grantor in this Paragraph.
13. Amendments. Any modification or termination of this Easement shall become effective only upon
the execution by Grantor and Grantee of a written instrument.
14. Recording. Grantee shall record this Easement, at its sole cost and expense, in the Official Public
Records of Pierce County, Wisconsin.
15. Miscellaneous. To the extent that the grant of the Easement made hereby shall fail in any respect,
or is held to be invalid, in whole or in part, including but not limited to the effectiveness of the
grant made hereby, this Easement shall continue in full force and effect to the full extent of the
portion of the Easement that did not fail or was not held to be invalid.
16. Modification. In the event Grantor needs to relocate or modify improvements or other items on the
Property that affect the Easement Area, Grantor may, at Grantor’s sole cost and expense, relocate
or modify the Easement Area, provided that such relocation or modification does not materially
interfere with Grantee’s rights under this Easement or result in an interruption or loss of service to
the Grantee or end user.
[Signatures appear on the following page.]

3

IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year
first above written.
GRANTOR:
City of Prescott, a municipal corporation under the laws
of Wisconsin

By: ____________________________________
Name: _________________________________
Its: ____________________________________
Date: ___________________________________

GRANTEE:
T-Mobile Central LLC

By: ____________________________________
Name: _________________________________
Its: ____________________________________
Date: ___________________________________

State of______________County of_________________
The foregoing instrument was acknowledged before me
this_________day of____________________________
By___________________________________________
__________________________________Notary Public
My Commission Expires_________________________

4

EXHIBIT A
Legal Description of Property
PARENT PARCEL, LEGAL DESCRIPTION (NOT FIELD SURVEYED) PER TITLE ORDER #:
50039870:
PARENT PARCEL
ALL THAT PARCEL OF LAND IN THE CITY OF PRESCOTT IN THE COUNTY OF PIERCE AND
STATE OF WISCONSIN AS MORE FULLY DESCRIBED IN DEED VOLUME 369 PAGE 210 AND
PARCEL # 271-01160-2100, BEING KNOWN AND DESIGNATED AS:
PARCEL NUMBER: 271-01160-2100
BEING THE SAME PROPERTY ACQUIRED BY THE CITY OF PRESCOTT, WISCONSIN BY
DEED OF SIEWERT CONSTRUCTION CO., INC., DATED 08/08/1997 AND RECORDED
04/20/1998 IN VOLUME / PAGE : 369 / 210

5

EXHIBIT B
Legal Description of Easement Area
PROPOSED 5' WIDE UTILITY EASEMENT
BEING A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHEAST QUARTER
(NE1/4) OF SECTION TEN (10), TOWNSHIP TWENTY-SIX (26) NORTH, RANGE TWENTY (20)
WEST, CITY OF PRESCOTT, PIERCE COUNTY, WISCONSIN CONTAINING 1,195 SQUARE
FEET (0.027 ACRES) OF LAND AND BEING DESCRIBED BY:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10; THENCE N00°-28'10"E 1217.04 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 10; THENCE
N89°-31'-50"W 33.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF DEXTER
STREET (ALSO BEING THE SOUTHEAST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP OF
PIERCE COUNTY REGISTER OF DEEDS VOL. 8, PG. 78, DOCUMENT NO. 410324) AND THE
POINT OF BEGINNING; THENCE S00°-28'-10"W 5.00 FEET ALONG SAID WEST RIGHT OF
WAY LINE; THENCE S89°-42'-10"W 127.93 FEET; THENCE N00°-38'-55"E 34.88 FEET; THENCE
N49°-44'-48"W 52.93 FEET; THENCE N89°-14'-16"W 24.25 FEET; THENCE N00°-37'-01"W 5.00
FEET; THENCE S89°-14'-16"E 26.17 FEET; THENCE S49°-44'-48"E 57.07 FEET; THENCE S00°-38'55"W 32.09 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID
LOT 2; THENCE N89°-42'-10"E 122.91 FEET ALONG THE SOUTH LINE OF SAID LOT 2 AND ITS
WESTELRY EXTENSION TO A POINT ON THE WEST RIGHT OF WAY LINE OF DEXTER
STREET AND THE POINT OF BEGINNING; BEING SUBJECT TO ANY AND ALL EASEMENTS
AND RESTRICTIONS OF RECORD.

6

EXHIBIT C
SURVEY
(see attached)

7

To:

Mayor and Council

From:

Matt Wolf, City Administrator

Date:

September 24, 2026

Subject:

Three-Hour Parking on Borner Street

Background
The City of Prescott currently designates parking on the west side of Borner Street, from
St. Croix Street to James Street, as three-hour parking. This restriction was originally
established to prevent the area from being used for long-term parking during sporting
events at the Prescott School District.
Since that time, the Prescott School District has developed additional softball and
baseball fields along Dexter Street, which has reduced the demand for event-related
parking on Borner Street. As a result, the City has experienced fewer issues with
vehicles being parked for extended periods during school sporting events.
At the same time, the City has observed increased use of on-street parking along
Borner Street by residents and guests of the Prescott Heights Apartments.

Discussion
Because the original need for the three-hour parking restriction has diminished, staff is
requesting that the Health and Safety Committee discuss removing the three-hour
parking restriction on the west side of Borner Street between St. Croix Street and
James Street.
Removing the restriction would make parking on the west side of Borner Street subject
to the same general on-street parking regulations that apply elsewhere in the City.
The east side of Borner Street would remain designated as no parking. Currently, a
small section of curb in front of the southernmost apartment building is not painted
yellow, as shown below.

Figure 1 Small area on Borner Street that allows for parking on the east side (where white and red vehicle are parked in the
picture).

The Health and Safety Committee reviewed this at their September 14, 2026 meeting
and approved the traffic change to Council by a vote of 3-to-0. Staff will discuss the
mailboxes on the street with the apartment owner across the street before moving
forward with the change. In an attempt to move them into cluster mailbox units like was
previously done on Henry Street.

Recommendation
Approve Resolution 44-26 Approving Traffic Control Changes on Borner Street
Attachments
1. Resolution 44-26

RESOLUTION 44-26
CITY OF PRESCOTT, WISCONSIN

A RESOLUTION APPROVING TRAFFIC CONTROL CHANGES ON BORNER
STREET
WHEREAS, the City currently designates parking on the west side of Borner Street between
St. Croix Street and James Street as three-hour parking; and
WHEREAS, the original need for the three-hour parking restriction has diminished due to
changes in parking demand associated with Prescott School District sporting events; and
WHEREAS, the Health and Safety Committee reviewed the proposed traffic control changes
on September 14, 2026, and recommended approval by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Prescott,
Wisconsin, that the following traffic control changes are hereby approved:
1. The three-hour parking restriction on the west side of Borner Street between St. Croix
Street and James Street is removed, and parking shall thereafter be subject to the
City's general on-street parking regulations.
2. The east side of Borner Street between St. Croix Street and James Street shall remain
designated as no parking.
3. City staff is authorized to remove, install, or modify signage, curb markings, and
other traffic-control devices necessary to implement these changes.
Adopted this 28th day of September, 2026.
___________________________
Michael H. Gerke, Mayor
ATTEST:
____________________________
Rashel Temmers, City Clerk

To:

Mayor and Council

From:

Matt Wolf, City Administrator

Date:

September 25, 2026

Subject:

TAP State/Municipal Agreement (SMA)

Background
The City has been awarded Transportation Alternatives Program (TAP) funding through
the Wisconsin Department of Transportation (WisDOT) for pedestrian improvements
along U.S. Highway 10 (see attached map). The current project scope includes a
bicycle/pedestrian bridge over U.S. Highway 10, multi-use trail and sidewalk
connections along Orrin Road, Campbell Street, St. Croix Street, Borner Street, Pine
Street, Henry Street, and Filkins Street, and the closure of Orrin Road east of Campbell
Street.
The project developed from the City’s 2025 TAP planning work and the concept plan
approved by the Council. The original project concept was presented in phases,
including the west pedestrian bridge and approaches, the east pedestrian bridge and
approaches, and the pedestrian underpass/retaining wall connection to the WisDOT
trail.
In May 2026, WisDOT notified the City that TAP funding was available for the
construction phase only and that design would need to be funded entirely by the City. At
the May 27, 2026 Council workshop, the Council agreed to proceed with the
construction-only TAP award and to fund the design phase locally. The Council also
directed that the future Campbell Street street and storm sewer layout be designed
concurrently so the pedestrian improvements can be coordinated with future street
improvements.
The design-related costs were subsequently incorporated into the City’s 2026A
borrowing. That borrowing included $580,000 for TAP engineering and design,
$108,000 for Campbell Street street and storm sewer design, and $457,627 for the
planned Orrin Road mill and overlay. The local share of future TAP construction was
intentionally deferred to a later borrowing because WisDOT anticipates construction not
starting until 2030.
Discussion
WisDOT has now provided the SMA for Council approval. The agreement formalizes
the City’s acceptance of the TAP award and establishes the responsibilities of the City
and WisDOT for project delivery. Under the SMA, the project has a maximum federal

participation of $5,567,440, representing 80% of eligible construction-related costs. The
current SMA estimates total construction-related costs at $6,959,800, with an estimated
City share of $1,392,360. The agreement also includes a $25,000 State Design Review
cost that is 100% locally funded.

The SMA also requires the City to comply with applicable federal and state project
requirements, including environmental review, federal authorization before eligible costs
are incurred, consultant procurement and project administration requirements,
competitive bidding requirements, record retention, and ongoing maintenance of project
facilities within the City’s jurisdiction. Work within the U.S. Highway 10 right-of-way will
require a WisDOT work-in-right-of-way permit and a separate State/Municipal
Maintenance Agreement.
The project award date for the agreement is August 21, 2026. The SMA has an August
21, 2030 commencement deadline and a June 30, 2033 completion deadline.
Next Step - Design Agreement
Approval of the SMA does not approve the consultant design contract. If Council
approves the SMA, staff will next bring forward a separate design agreement with Cedar
Corporation for Council consideration. That agreement will establish Cedar’s scope, fee,
and schedule for completing the locally funded design work in accordance with WisDOT
requirements.
Recommendation
Consider Approval of Resolution 45-26 Approving a State/Municipal Agreement with the
Wisconsin Department of Transportation for the Prescott US Highway 10 and State Highway
35 Bike/Pedestrian Transportation Alternatives Program Project
Attachments
1. Resolution 45-26
2. Approved TAP Concept Layout
3. State/Municipal Agreement with WisDOT

RESOLUTION 45-26
CITY OF PRESCOTT, WISCONSIN

A RESOLUTION APPROVING A STATE/MUNICIPAL AGREEMENT WITH THE
WISCONSIN DEPARTMENT OF TRANSPORTATION FOR THE PRESCOTT US
HIGHWAY 10 AND STATE HIGHWAY 35 BIKE/PEDESTRIAN TRANSPORTATION
ALTERNATIVES PROGRAM PROJECT
WHEREAS, the City of Prescott has pursued pedestrian and bicycle improvements in the U.S.
Highway 10 and STH 35 corridor through the Wisconsin Department of Transportation
Transportation Alternatives Program (TAP); and
WHEREAS, the City previously approved a concept plan for the project and authorized
submission of a TAP application for design and construction funding; and
WHEREAS, WisDOT awarded the City TAP funding for the construction phase of the project,
while design is required to be funded locally by the City; and
WHEREAS, the Common Council previously directed staff to proceed with the constructiononly TAP award and approved financing for the locally funded design phase, with the City’s
construction share to be funded in a future borrowing closer to construction; and
WHEREAS, WisDOT has prepared a State/Municipal Agreement for Project I.D. 7888-0005/75, Prescott USH 10 and STH 35 Bike/Ped, establishing the project scope, funding
participation, deadlines, and responsibilities of the City and WisDOT; and
WHEREAS, the State/Municipal Agreement provides for a maximum federal TAP
contribution of $5,567,440 toward eligible federally participating project costs, with the City
responsible for the required local share, locally funded design and design review costs, nonparticipating costs, and other costs assigned to the Project Sponsor under the agreement; and
WHEREAS, approval of the State/Municipal Agreement is necessary for the City to continue
implementation of the TAP project and proceed to subsequent project development actions,
including separate Council consideration of a consultant design agreement.
NOW, THEREFORE, BE IT RESOLVED , By the Common Council of the City of Prescott,
Wisconsin, as follows:
1. Approval of Agreement. The State/Municipal Agreement with the Wisconsin Department of
Transportation for Project I.D. 7888-00-05/75, Prescott USH 10 and STH 35 Bike/Ped, is
hereby approved substantially in the form presented to the Common Council.
2. Authorization to Execute. The Mayor and other appropriate City officials are authorized to
execute the State/Municipal Agreement on behalf of the City of Prescott and to take such
administrative actions as are reasonably necessary to carry out the agreement.
3. Local Funding Responsibility. The City acknowledges its responsibility for the local share
and other Project Sponsor costs identified in the State/Municipal Agreement, subject to
applicable Council-approved budgets, borrowing, and future appropriations.

4. Design Agreement. Approval of this Resolution does not constitute approval of a consultant
design contract. Any proposed agreement with Cedar Corporation for project design
services shall be presented separately to the Common Council for consideration.
Adopted this 28th day of September 2026.
___________________________
Michael H. Gerke, Mayor
ATTEST:
____________________________
Rashel Temmers, City Clerk

LEGEND

PROPOSED PROJECT PHASES
PIM #2 - SEPTEMBER 10, 2025

PHASE I
PHASE II
PHASE III

0

200

PHASE III
·
PED UNDERPASS
·
RETAINING WALLS
·
TRAIL & SIDEWALK
·
CONNECT TO WISDOT TRAIL

400

NEW RAMP/RET. WALL
NEW TRAIL
EA

PHASE II
·
EAST PED BRIDGE
·
APPROACH RAMPS
·
TRAIL & SIDEWALK

5
W
I-3

AD
RO
ES
AC
R
N

CANTON STREET

D
OA

FUTURE TRAIL (WISDOT)

ER
IDG
ER

NEW STRUCTURE

GL

NEW SIDEWALK

US-10

US-10
ORRIN ROAD

DEXTER STREET

CAMPBELL STREET
ST CROIX STREET

BORNER STREET N

HENRY STREET

PHASE I
·
WEST PED BRIDGE
·
APPROACH RAMPS
·
TRAIL & SIDEWALK
·
CROSSING AT CAMPBELL
·
WISDOT TRAIL

July 2026 SMA

STATE/MUNICIPAL
AGREEMENT
FOR AN
INFRASTRUCTURE
TRANSPORTATION
ALTERNATIVES
PROGRAM (TAP)
PROJECT
Subprogram #: 290
Program Name: TAP
Program Cycle: 2026-2030

Date: 8/31/2026
I.D.: 7888-00-05/75
WisDOT UEI #: CBE4JHP1S8H7
Project Sponsor UEI #: TBD
FAIN ID: TBD
Project Title: Prescott USH 10 and STH 35 Bike/Ped
Location/Limit: Various Locations
Project Length (if applicable): 12,320 feet
Project Sponsor: City of Prescott
County: Pierce
MPO Area (if applicable): NA

The signatory, the City of Prescott, hereinafter called the Project Sponsor, through its undersigned duly
authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter
called the State or WisDOT, to initiate and effect the transportation project hereinafter described.
Wisconsin Statute § 85.021 authorizes the State to administer a program to award grants of assistance to certain
political subdivisions, state agencies, counties, local government units, and Indian tribes, consistent with federal
law.
The authority for the Project Sponsor to enter into this State/Municipal Agreement with the State is provided by
Sections 86.25(1), (2), and (3) and Section 66.0301(2) of the Wisconsin Statutes.

NEEDS AND ESTIMATE SUMMARY:
All components of the project must be defined in the environmental document if any portion of the project will be
submitted for approval for participation in a federally funded program. The Project Sponsor agrees to complete all
participating and any non-participating work included in this improvement consistent with the environmental
document. No work on final engineering and design may occur prior to approval of the environmental document.
Existing Facility: This project is located within the city limits of Prescott. Locations include:
1) A bike/pedestrian bridge over USH 10 with approaches along both sides of USH 10 between Canton
St. and Campbell St.
2) A multi-use trail along the north side of Orrin Rd. from Canton St. to Dexter St,
3) A multi-use trail along the east side of Campbell St. from Orrin Rd. to St. Croix St.
4) A multi-use trail along the west side of Campbell St. from St. Croix St. to Malone Elementary
School.
5) Sidewalk along the south side of St. Croix St. from Campbell St. to Borner St.
6) Sidewalk along the east side of Borner St. from St. Croix St. to Orrin Rd.
7) Sidewalk along the north side of Pine St. from Borner St. to Dexter St.
8) Sidewalk along the south side of Henry St. from Campbell St. to Filkins St.
9) Sidewalk along the east side of Filkins St. from Henry St. to Orrin Rd.
The total approximate project length is 12,320 feet.
Proposed Improvement: This TAP infrastructure project includes, but is not limited to, construction of a
bike/pedestrian bridge, construction of 10 foot wide asphalt multi-use trails, construction of 5 foot wide
concrete sidewalks, construction of curb ramps and crosswalks, and closure of Orrin Road east of the
Campbell St. Intersection.

Prescott USH 10 and STH 35 Bike/Ped

Page 1

WISDOT PROJECT 7888-00-05/765 (NW REGION)

July 2026 SMA

Any work within the USH 10 right-of-way will require that the City obtain a WisDOT Work in the Right-ofway permit and enter into a State Municipal Maintenance Agreement with WisDOT.
This project may also require utility relocation and/or real estate acquisition which are not funded under
this agreement.
Non-participating work in the project includes work that is necessary to completely finish the project and that is
undertaken solely at the cost of the Project Sponsor. Please note that non-participating components of a
project/contract are considered part of the overall project and will be subject to applicable federal requirements.
A nominal amount of $500 is included for any necessary maintenance or repair of haul roads.

The Project Sponsor agrees to the following Federal Fiscal Year 2026-2030 TAP project funding conditions:
All Project Sponsors and processes, including real estate acquisition and environmental documentation, must
comply with A Sponsor’s Guide to Non-Traditional Transportation Project Implementation (Sponsor’s Guide) and
the current WisDOT Facilities Development Manual (FDM). The WisDOT Local Program Real Estate Manual (LP
RE Manual) may assist project sponsors during the real estate acquisition process (if applicable).
The subject project is funded with 80% federal funding up to a maximum of $5,567,440.00 for all federally funded
project phases when the Project Sponsor agrees to provide funds in excess of the $5,567,440.00 federal funding
maximum, in accordance with TAP guidelines. Design will be 100% locally funded. Real estate, railroad, and
utility project phases will be 100% locally funded. Non-participating costs are 100% the responsibility of the
Project Sponsor. Any work performed by the Project Sponsor prior to federal authorization is not eligible for federal
funding. The Project Sponsor will be notified by the State when each project phase or ID is authorized and available
for charging.
No Disadvantaged Business Enterprise (DBE) goal shall be assigned unless requested by the sponsor and
approved by WisDOT or assigned by WisDOT. Has a DBE goal been assigned? ☒ No ☐ Yes, the DBE goal is
_______________.
The subject project must be commenced within four (4) years of the project award date, or the grant is rescinded.
Sec. 85.021, Wis. Stats.
1) For construction projects, a project is commenced when construction is begun.
2) For planning projects, a planning project is commenced when the planning study is begun.
3) For non-infrastructure projects that do not fall within any of the above categories, a project is considered
commenced on the date that WisDOT receives the first reimbursement request from the Project
Sponsor, as noted on form DT1713 in the ‘Date Received’ field.
4) For design-only projects, a project is commenced when design is begun and/or when a contract is
signed and executed with the consulting firm that has been selected to lead the project design effort.
Project Award date: 8/21/2026
Commencement deadline: 8/21/2030
Completion deadline: 6/30/2033
The project commencement deadline is fixed by statute and may not be extended.
The Sunset Date is 6 years from the end of the state fiscal year (SFY) in which the project is issued the
Authorization to Incur Costs (ATIC) by WisDOT. The subject project must be completed by 6/30/2033, and the
Project Sponsor must submit a Project Completion Certificate to WisDOT Central Office on or before this date.
WisDOT may consider a written request to extend the completion deadline from the Project Sponsor and may
approve such a request in the presence of extenuating circumstances. The written request shall explain the
reasons for project implementation delay and a revised timeline for project completion.
In the summary funding table below, the federal share of the total estimated cost distribution indicates the
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maximum amount of federal funding available to the project, to be distributed across federally funded project
phases. The final Project Sponsor share is dependent on the final federal participation, and the actual costs will
be used in the final division of costs for billing and reimbursement.

SUMMARY OF COSTS

PROJECT TYPE
ID: 7888-00-05
State Design Review

Total Est.
Cost

Federal
Funds

%

Project
Sponsor
Funds

$25,000.00

$0.00

0%

$25,000.00

$6,379,300.00
$500.00

$5,103,440.00
$0.00

80%
0%

$1,275,860.00
$500.00

$555,000.00

$444,000.00

80%

$111,000.00

State Construction Review
Construction Total

$25,000.00
$6,959,800.00

$20,000.00
$5,567,440.00

80%

$5000.00
$1,392,360.00

Total Est. Cost Distribution

$6,984,800.00

$5,567,440.00

MAX

$1,392,360.00

ID: 7888-05-75
Participating Construction
Non-Participating Construction
Construction Engineering

%
100%

20% +
balance
100%
20% +
balance
20% +
balance

N/A

*This project has a TAP federal funding maximum of $5,567,440.00. This maximum is cumulative for all federally funded project
phases.

This request is subject to the terms and conditions that follow (pages 4–10) and is made by the undersigned under
proper authority to make such request for the designated Project Sponsor and, upon signature by the State, shall
constitute agreement between the Project Sponsor and the State. No term or provision of this State/Municipal
Agreement nor any of its attachments may be changed, waived, or terminated orally, but only by an instrument in
writing duly executed by both parties to this State/Municipal Agreement.
Signed for and on behalf of: City of Prescott
Name (print):

Title:

Signature:

Date:

Signed for and on behalf of State of Wisconsin
Name (print): Paul L. Conlin

Title: Northwest Region Deputy Director

Signature:

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GENERAL TERMS AND CONDITIONS:
1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation
Improvement Program (STIP) prior to requesting authorization.
2. Work prior to federal authorization is ineligible for federal funding. The State will notify Project Sponsor
when/if each project phase or ID is authorized and available for charging.
3. The initiation and accomplishment of the project will be subject to the applicable federal and state regulations,
as referenced in the document A Sponsor’s Guide to Non-Traditional Transportation Project Implementation.
The Project Sponsor, throughout the entire project, commits to comply with and promote all applicable federal
and state laws and regulations that include, but are not limited to, the following:
a. Environmental requirements, including, but not limited to, those set forth in 23 U.S.C. 139 and the
National Environmental Policy Act (42 U.S.C. 4321 et seq.).
b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights
Act and Wis. Stat. Sec. 16.765. The Project Sponsor agrees to comply with and promote applicable
federal and state laws, Executive Orders, regulations, and to implement requirements intended to
provide for the fair and equitable treatment of individuals and the fair and equitable delivery of
services to the public. In addition, the Project Sponsor agrees not to engage in any illegal
discrimination in violation of applicable federal or state laws and regulations. This includes, but is
not limited to, Title VI of the Civil Rights Act of 1964, which provides that “no person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.” The Project Sponsor agrees that public funds, which are collected in
a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate
illegal discrimination based on prohibited factors such as race, color, national origin, sex, age,
physical or mental disability, sexual orientation, or retaliation.
c.

All applicable DBE requirements that the State specifies.

d. Federal and state statutes that govern the Transportation Alternatives Program (TAP), including, but
not limited to, Wis. Stat. Sec. 85.021 and all applicable federal laws.
4. Additional applicable state and federal requirements may include, but are not limited to, the following:
a. Prevailing wage requirements, including but not limited to 23 U.S.C. 113.
b. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat.
Sec. 16.754.
c. Competitive bidding requirements set forth in 23 U.S.C. 112 and Wis. Stat. § 84.06
STATE RESPONSIBILITIES AND REQUIREMENTS:
5. Funding for the project is subject to inclusion in Wisconsin’s approved Transportation Alternatives Program.
Federal funding for approved projects will be limited to participation in the costs of the following items, as
applicable to the project:
a. The grading, base, pavement, curb and gutter, sidewalk, and replacement of disturbed driveways in
kind.
b. Storm sewer mains necessary for surface water drainage.
c.

Catch basins and inlets for surface water drainage in the area of the improvement, with connections
to the storm sewer main.

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d. Construction engineering incident to inspection and supervision of actual construction work (except
for inspection, staking, and testing of sanitary sewer and water main).
e. Signing and pavement marking, including marking of detour routes.
f.

New installations or alteration of street lighting and traffic signals or devices.

g. Landscaping.
h. Preliminary Engineering.
i.

State Review Services.

k. Other eligible TAP non-infrastructure items as enumerated in the approved application.
6. Project items purchased with federal funding are for the primary use of the Transportation Alternatives
Program.
7. State Disbursements:
a. The State shall make payments to the Project Sponsor on a regular basis upon the Project Sponsor’s
presentation of Reimbursement Requests for expenditures incurred during prior periods of the
project duration subject to the allowable maximum payment. Exceptions to this schedule will be
made as appropriate. In general, the State will make reimbursements after sufficient proof of
payment is sent to the State.
b. The State will make a final adjustment of State payments upon completion of the State’s audit of the
project. If the State’s audit establishes that the State paid more than its share of the eligible project
costs, the Project Sponsor shall refund to the State, upon demand, a sum equal to the overpayment.
PROJECT SPONSOR RESPONSIBILITIES AND REQUIREMENTS:
8. Work necessary to complete the TAP project to be financed entirely by the Project Sponsor or other utility or
facility owner includes the following items, when applicable to the project:
a. New installations of, or alteration of, sanitary sewers and connections, parking meters, and water, gas,
electric, telephone, telegraph, fire or police alarm facilities, along with other similar utilities.
b. Damages to abutting property after project completion due to change in street or sidewalk widths,
grades, or drainage.
c.

Detour routes and haul roads. The Project Sponsor is responsible for determining the detour route.

d. Conditioning, if required, and maintenance of detour routes.
e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the
improvement.
f. All work related to underground storage tanks and contaminated soils.
g. Real Estate for the improvement.
g. Street and bridge width exceeding standards, in accordance with the current WisDOT FDM.

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9. The Project Sponsor will administer the work eligible for federal and state participation. The Project Sponsor
is an eligible recipient of these grant funds pursuant to Wis. Stat. Sec. 85.021 and all applicable federal laws.
10. Where applicable, the Project Sponsor will let all contracts by competitive bid and will award contracts to the
lowest responsible bidder in accordance with the requirements set forth in 23 U.S.C. 112 and Wis. Stat. Sec.
84.06. Where applicable, all contracts for design-related services shall be awarded and administered in
accordance with the requirements of 23 CFR 172 and procedures published in the WisDOT FDM, Chapter 8,
Consulting Services.
11. The Project Sponsor must receive, read, and agree to meet the requirements outlined in the Sponsor’s Guide
to Non-Traditional Transportation Project Implementation. The Project Sponsor must indicate this
understanding and agreement by submitting the Sponsor’s Guide Acknowledgement Form, which must be
accepted by the State before approval of this State/Municipal Agreement shall be granted.
12. The Project Sponsor must complete and submit Certification for Non-Traditional Project Administration and
Delivery documentation, and this documentation must be accepted by the State, before approval of this
State/Municipal Agreement shall be granted. The Project Sponsor, and all consultants and other entities
working on behalf of the Project Sponsor, are required to comply with the federal and state rules and
requirements for projects being administered through a local letting process.
13. The Project Sponsor, in accordance with the project’s scope, must employ the services of a registered
professional engineer, architect, or landscape architect, to be responsible for design and construction
engineering, and related activities.
14. The Project Sponsor must provide a copy of the plans, specifications, and estimates containing the engineer’s,
architect’s, or landscape architect’s seal as prepared for bidding purposes (in accordance with project scope)
to the State for approval prior to advertising the project for bids.
15. The project will take place in accordance with the appropriate standards unless an exception to standards is
granted by the State prior to construction. The entire cost of the construction project, not constructed to
standards, will be the responsibility of the Project Sponsor unless such exception is granted.
16. Work to be performed by the Project Sponsor without federal funding participation, necessary to ensure a
complete improvement acceptable to the Federal Highway Administration and/or the State, may be done in a
manner at the election of the Project Sponsor but must be coordinated with all other work undertaken during
construction.
17. The Project Sponsor is responsible for financing administrative expenses related to Project Sponsor
responsibilities.
18. The Project Sponsor will not proceed with any State/Municipal Agreement revisions without first receiving
prior approval from the State. A change order must be executed for revisions to the State/Municipal
Agreement prior to the Project Sponsor’s request for reimbursement for the revisions.
19. If reviews or audits show any of the work to be ineligible for federal funding, the Project Sponsor will be
responsible for any withdrawn costs associated with the ineligible work.
20. If the Project Sponsor should withdraw the project, it will reimburse the State for any costs incurred by the
State on behalf of the project upon demand and no further reimbursements will be made.
21. The Project Sponsor will assume all responsibility for retaining a complete project file that includes not only
construction documentation but also copies of letting documents, all local and state submittals and approvals
contained in these instructions, and other pertinent documents to support project procurement, development,
implementation, and cost, along with any other item required by federal and state law, as well as submitting
such information, upon request, in order to receive reimbursement. The Project Sponsor will keep all project

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records and have them available for inspection by representatives of the Federal Government and the State,
and the Project Sponsor will furnish copies thereof when requested.
22. The Project Sponsor shall allow the State and U.S. Department of Transportation auditors to have access to
the Project Sponsor’s records and financial statements as necessary for determining the presence of, and
compliance with, all information and requirements specified in 2 CFR 200.332(a), as amended effective
November 12, 2020.
23. In connection with the performance of work under this State/Municipal Agreement, the Project Sponsor agrees
not to discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in S. 51.01(5), sexual orientation or
national origin. This provision shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. Except with respect to sexual
orientation, the Project Sponsor further agrees to take affirmative action to ensure equal employment
opportunities. The Project Sponsor agrees to post in conspicuous places, available for employees and
applicants for employment, notices to be provided by the employment officer setting forth the provisions of
the nondiscrimination clause.
24. The Project Sponsor will include in all contracts executed by them a provision obligating the contractor not to
discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
defined in s. 111.32 (13m), or national origin.
25. When applicable to the project, the Project Sponsor will at their own cost and expense:
a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning
storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins,
curb and gutter, parking lanes [including snow and ice removal], bicycle lanes, trails, and other
facilities, sidewalks and other pedestrian facilities, and other project infrastructure) for such
maintenance through statutory requirements in a manner satisfactory to the State, and will make
ample provision for such maintenance each year.
b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during their
construction.
c.

Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied
by parked vehicles will be needed to carry active traffic in the street.

d. Assume general responsibility for all public information and public relations for the project and to
make fitting announcements to the press and such outlets as would generally alert the affected
property owners and the community of the nature, extent, and timing of the project and of
arrangements for handling traffic within and around the project.
e. Provide relocation orders and real estate plats and easements, as required by the project, to the
State upon request.
f.

Use the WisDOT Utility Accommodation Policy unless the Project Sponsor adopts a policy with equal
or more restrictive controls.

g. Provide maintenance and energy for lighting.
h. Provide proper care and maintenance of all landscaping elements of the project, including
replacement of any plant materials damaged by disease, drought, vandalism, or other cause.
26. The Project Sponsor further agrees that:

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a. The Project Sponsor assumes full responsibility for the design, installation, testing, and operation of
any sanitary sewer and water main infrastructure within the project and relieves the State and all of
its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water
main construction under this State/Municipal Agreement.
b.

The Project Sponsor assumes full responsibility for the plans and special provisions provided by
their designer or anyone hired, contracted, or otherwise engaged by the Project Sponsor. The
Project Sponsor is responsible for any expense or cost resulting from any error or omission in such
plans or special provisions. The Project Sponsor will reimburse the State if the State incurs any
cost or expense in order to correct or otherwise remedy such error or omission, or consequences
of such error or omission.

c.

The Project Sponsor will be 100% responsible for all costs associated with utility issues involving
the contractor, including costs related to utility delays.

d. All signs and traffic control devices and other protective structures erected on or in connection with
the project, including such of these as are installed at the sole cost and expense of the Project
Sponsor or by others, will be in conformity with such “Manual on Uniform Traffic Control Devices” as
may be adopted by the American Association of State Highway and Transportation Officials,
approved by the State, and concurred in by the Federal Highway Administration.
27. The subject project must be completed by the project completion date, listed on page 2 of this State/Municipal
Agreement, and the Project Sponsor must submit a Project Completion Certificate to WisDOT Central Office
on or before this date. The State may consider a written request to extend the completion deadline from the
Project Sponsor and may approve such a request in the presence of extenuating circumstances. The written
request shall explain the reasons for project implementation delay and a revised timeline for project
completion.
LEGAL RELATIONSHIPS:
28. Responsibility for Damage and Tort Claims: The Project Sponsor and the Project Sponsor's surety shall
indemnify and save harmless the State, and its officers and employees, from all suits, actions, or claims of
any character brought because of any injuries or damages received or sustained by any person, persons, or
property on account of the operations of the Project Sponsor; or on account of or in consequence of any
neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Project
Sponsor; or because of any claims or amounts recovered for any infringement by the Project Sponsor of
patent, trademark, or copyright; or from any claims or amounts arising or recovered under the Worker's
Compensation Act, relating to the Project Sponsor's employees; or any other law, ordinance, order, or decree
relating to the Project Sponsor's operations. So much of the money due the Project Sponsor under and by
virtue of the contract as shall be considered necessary by the State for such purposes, may be retained for
the use of the State; or, in case no money or insufficient money is retained, the Project Sponsor's surety may
be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall
have been settled and suitable evidence to that effect furnished to the State; except that money due the
Project Sponsor will not be withheld when the Project Sponsor produces satisfactory evidence that the Project
Sponsor is adequately protected by public liability and property damage insurance. The Project Sponsor also
shall comply with all of the above requirements, indemnifying and saving harmless the county, town, or
municipality in which the improvement is made, and each of them separately or jointly, and officers and
employees.
The State shall not be liable to the Project Sponsor for damages or delays resulting from work by third parties.
The State, also, shall be exempt from liability to the Project Sponsor for damages or delays resulting from
injunctions or other restraining orders obtained by third parties except where the damage or delay is a direct
result of an injunction or restraining order obtained by a citizen's action alleging violations of 42 U.S.C. 4331
- 4332, 23 U.S.C. 138, or Public Law 91-646.
It shall be the Project Sponsor's responsibility to see that all of the contract operations incident to the
completion of the State/Municipal Agreement are covered by public liability and property damage liability
insurance so the general public or any representative of the contracting authority may have recourse against
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a responsible party for injuries or damages sustained as a result of the contract operations. This requirement
shall apply with equal force, whether the work is performed by the Project Sponsor, by a subcontractor, or by
anyone directly or indirectly employed by either of them.
It is the express intent of this provision that a Project Sponsor that is a county, town, or municipality may and
should contractually pass on this entire Responsibility for Damage and Tort Claims provision to any public
and private entities with which they may subcontract any of the work covered by this State/Municipal
Agreement.
a. The word, "surety" in the above paragraphs refers to the issuer of a payment and performance bond
under Wis. Stat. Sec. 779.14.
b. Nothing in this section should be construed as a waiver of any statutory defenses that may be
available to any governmental party.
29. The Project Sponsor, also known as the primary participant, certifies to the best of their knowledge and
belief, that it and its principals, in accordance with all applicable federal and state statutory and regulatory
requirements:
a. Are not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any State of Wisconsin or federal department or agency;
b. Have not, within a three-year period preceding this State/Municipal Agreement, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
c.

Are not currently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated above;

d. Have not, within a three-year period preceding this State/Municipal Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default; and
e. That all grantees, contractors, and suppliers, including what is also known as lower tier participants,
have certified in writing that neither they nor their principals are currently debarred, suspended,
proposed for debarment or suspension, have been declared ineligible, or have voluntarily been
excluded from participating in this or any other federal, state, or local transaction by any federal, state,
or local department, agency, or official, as set forth in, but not limited to, the terms described in 2 CFR
200.214.
30. Contract Modification: This State/Municipal Agreement can only be modified by written instruments duly
executed by both parties. No term or provision of neither this State/Municipal Agreement nor any of its
attachments may be changed, waived or terminated orally.
31. Binding Effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits
of the legal representatives, successors, and executors. No rights under this State/Municipal Agreement may
be transferred to a third party. This State/Municipal Agreement creates no third-party beneficiary rights to be
held by any person or entity who is not a party to this State/Municipal Agreement. Nor does it accord on any
non-party the right of enforcement.
32. Choice of Law and Forum: This State/Municipal Agreement shall be interpreted and enforced in accordance
with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein,
and in any deed executed pursuant to this State/Municipal Agreement, are enforceable by an action in the
Circuit Court of Dane County, Wisconsin.
33. Nothing in this State/Municipal Agreement shall be construed as a waiver of the State’s sovereign immunity.
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PROJECT FUNDING CONDITIONS
35. Non-Appropriation of Fund: With respect to any payment required to be made by the State under this
State/Municipal Agreement, the parties acknowledge the State’s authority to make such payment is
contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the
Legislature. If such funds are not so appropriated, either the Project Sponsor or the State may terminate
this State/Municipal Agreement after providing written notice not less than thirty (30) days before
termination.
36. For situations where bid let costs are greater than five percent (5%) above original estimates, the Project
Sponsor agrees to provide the State concurrence to award within thirty (30) days. Any concurrence
provided beyond this 30-day time period could result in the bidder being relieved of its obligation to execute
a contract pursuant to WisDOT Standard Specification 103.2 Awarding the contract. Per WisDOT
Standard Specification 103.2 Awarding the Contract, the department has 30-days to award the contract:
103.2(2) If the department does not make an award within 30 calendar days after opening the proposals,
the lowest responsible bidder, after those 30 days, may request, in writing, that the department make the
award. Stipulate a deadline of 10 business days or more, after the date of the request, for the department
to make the award. If the department does not make the award within the stipulated time, the bidder is
relieved of its obligation to execute a contract and contract bond.
37. Maintenance of Records: During the term of performance of this State/Municipal Agreement, and for a
period not less than three years from the date of final payment to the Project Sponsor, records and
accounts pertaining to the performance of this State/Municipal Agreement are to be kept available for
inspection and audit by representatives of the State. The State reserves the right to audit and inspect such
records and accounts at any time. The Project Sponsor shall provide appropriate accommodations for such
audit and inspection.
In the event that any litigation, claim, or audit is initiated prior to the expiration of said records maintenance
period, the records shall be retained until such litigation, claim, or audit involving the records is complete.
Records pertaining to the performance of the State/Municipal Agreement are subject to disclosure
pursuant to Wis. Stats. Sec. 19.31 et seq, and shall be preserved by the Project Sponsor.
38. The Project Sponsor agrees to the following State Fiscal Year 2026-2030 TAP project funding conditions:
The maximum participation of federal/earmark funding will be limited to 80% of the actual eligible project
cost or the total cost distribution of TAP funds shown on page 3 of this State/Municipal Agreement,
whichever is less. The project federal/earmark funding maximum of $5,567,440.00 is cumulative for all
federal/earmark funded project phases.
39. Federal Inactive List: Once a project has received its authorization to incur costs letter until the competition
of the project, reimbursement requests must be submitted periodically. Failure to submit reimbursement
requests may result in the project being placed on a federal inactive list and therefore, at risk of losing
federal funding. As such, reimbursement requests should be submitted quarterly to indicate continued
activity on the project.

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