City Council Agenda & Packet

Agenda City Council Monona Public Library 1000 Nichols Road Monday, July 20, 2026 7:00 PM This meeting may be viewed LIVE on YouTube. Notice of Electronic Meeting Option An electronic videoconferencing/teleconferencing option is available for this meeting. As such, it is possible that some or all members of, and a possible quorum, may be in attendance via electronic means and not physically present. The public may attend in person at the location stated above or via Zoom at https://us02web.zoom.us/j/81988137749. To attend via telephone conference, call 1-312-626-6799 and enter Meeting ID: 819 8813 7749. Please mute your phone/microphone when not speaking to ensure the best possible audio quality. A. Call to Order B. Roll Call and Pledge of Allegiance C. Approval of Minutes 1. July 6, 2026 D. Appearances E. Public Hearing F. Consent Agenda 1. Consideration of Renewal Application for 2026/2027 Class “B” Fermented Malt Beverage and “Class B” (Liquor) License for El Gallo Mexican Cuisine, 6309 Monona Drive (License Review Committee). G. Council Action Items 1. Unfinished Business a. Convene in Closed Session under Wisconsin Statute section 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. (San Damiano Short-Term License; Galway Companies Development Agreement; Maywood School) b. Reconvene in Open Session Under Wisconsin Statute Section 19.85(2). c. Consideration of Resolution 26-6-2907 Approval of an Interim Short-Term License for Use of the San Damiano Property (Mayor Moore). Tabled 7/6/26 d. Consideration of Ordinance 7-26-808 Amending Chapter 272 of the Monona Code of Ordinances Regarding Fencing Requirements for Alcohol Establishments (City Council). Page 1 of 47 e. Consideration of Resolution 26-7-2908 Approving a Development Agreement Between the City of Monona, Monona Community Development Authority, and Galway Companies, Inc. (Community Development Authority). 2. New Business a. Consideration of Resolution 26-7-2912 Amending the 2026 Capital Budget for Improvements to the Ahuska Park Baseball Field (Park and Recreation Board). b. Consideration of Resolution 26-7-2913 Amending the 2026 Capital Budget for Repairs to the Dream Park Shelter (Park and Recreation Director). c. Consideration of Resolution 26-7-2914 Approval to Submit a Non-Binding Letter of Intent Regarding the Maywood School Property (Mayor Moore). d. Consideration of Resolution 26-7-2915 Amending the 2026 Operating Budget and Authorizing a Contract for Facility Inspection Services at Maywood School (City Administrator). H. Reports of Elected Officials and Staff [Agendas, Supporting Documents, and Minutes are Available on the Monona Web Page – www.mymonona.com] I. Appointments J. Adjournment Agenda Posted 7/17/26 Page 2 of 47 Monona City Council Minutes July 6, 2026 Call to Order The regular meeting of the Monona City Council was called to order by Mayor Moore at 7:02 PM. Roll Call and Pledge of Allegiance Present: Mayor Nancy Moore, Alderpersons Rick Bernstein, Teresa Radermacher, Doug Wood, and Rachel Kugle. Absent: Alderpersons Brian Holmquist (excused) and Patrick DePula (excused) Also Present: Administrator Neil Stechschulte, Finance Director Marc Houtakker, City Attorney Bill Cole, Director of Planning and Community Development Doug Plowman, Community Development Authority Chair Tom Stolper, and City Clerk Christina Kahl Approval of Minutes C.1. June 15, 2026 Motion by Alder Wood, seconded by Alder Kugle to approve the June 15, 2026 meeting minutes. Motion Passed. Appearances Cara Erickson, Executive Director for Friends of San Damiano, appeared before the Council. She spoke regarding the use of the house at San Damiano. Currently, use of the house is limited to 10 calendar days per month/4 hours per day. This is where the office is located and the allowed hours are not conducive to their needs. Erickson did acknowledge that the building is not up to code currently. Friends of San Damiano would like use of the office space seasonally (not winter) for board meetings, event preparations, and coordination of events to build a successful business. Her preference would be full months (excluding winter). Attorney Cole stated that due to not meeting building codes and safety concerns the house should not be used as a base. Public Hearing There was no Public Hearing. Consent Agenda There were no consent agenda items. Council Action Items DRAFT Page 3 of 47 G.1. Unfinished Business G.1.a. Convene in Closed Session under Wisconsin Statute section 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 (San Damiano License) and section 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 (WPS Drive and West Broadway Development Agreement). Motion by Alder Wood, seconded by Alder Radermacher, to convene in closed session. On a roll call vote, all members voted in favor of the motion. Motion Passed (7:14 PM). G.1.b. Reconvene in Open Session Under Wisconsin Statute Section 19.85(2). Motion by Alder Radermacher, seconded by Alder Kugle to reconvene in open session. Motion Passed (9:15 PM). G.1.c. Consideration of Resolution 26-6-2907 Approval of an Interim Short-Term License for Use of the San Damiano Property (Mayor Moore). Motion by Alder Kugle, seconded by Alder Bernstein to table Resolution 26-6- 2907 until the next Council meeting. Motion Passed. G.2. New Business G.2.a. Consideration of Resolution 26-7-2908 Approving a Development Agreement with Galway Companies, Inc., for a Mixed Use Development at Approximately West Broadway and WPS Drive (Community Development Authority). Director Plowman stated he has the direction needed. This will be going before the Community Development Authority tomorrow night at their meeting and brought before the Council at the next July meeting. No Action, First Read G.2.b. Consideration of Resolution 26-7-XXXX Approving Modifications to Conditions of Approval for a Certified Survey Map for the Greenline Development (Director of Planning & Economic Development) Director Plowman reviewed and discussed the conditions. There is a need to get the Certified Survey Map (CSM) filed and approved to move forward. Subject to the final design per the developer. A memo was provided to supplement the conditions. The developer is asking for one read so they can obtain the CSM. Motion by Alder Wood, seconded by Alder Bernstein to suspend the rules and take action. Motion Passed. DRAFT Page 4 of 47 Motion by Alder Bernstein, seconded by Alder Radermacher to approve the resolution. Motion Passed. G.2.c. Consideration of Resolution 26-7-XXXX Approving an Amendment to the Water Tower/Land Lease Agreement With Cellco Partnership d/b/a Verizon Wireless (City Attorney) Attorney Cole gave some background information on this item. The lease will expire at the end of the year. This agreement will extend it for 20 years with a 3% increase each year. It is a substantial income resource between all the towers. Motion by Alder Kugle, seconded by Alder Bernstein to suspend the rules and take action. Motion Passed. Motion by Alder Bernstein, seconded by Alder Kugle to approve the resolution. Motion Passed. G.2.d. Consideration of Ordinance 7-26-XXXX Amending Chapter 272 Regarding Fencing Requirements for Alcohol Establishments (City Attorney) Attorney Cole reviewed the proposed amendments for three code sections. The intent would be to allow more flexibility by putting the approvals within the purview of the License Review Committee regarding fencing requirements on temporary liquor licenses, beer gardens and patio permits. No Action, First Read G.2.e. Consideration of Resolution 26-7-XXXX Approving a Capital Budget Amendment for Conceptual Design Services for a New Public Space Within the Greenline Development (Parks & Recreation Director) *Immediate Action Requested* Administrator Stechschulte gave some background on this item to use up to $20,000 from the Capital Budget to get conceptual design services. This would allow Director Anderson to seek preliminary designs for a dedicated park space. Motion by Adler Wood, seconded by Alder Bernstein to suspend the rules and take action. Motion Passed. Motion by Alder Wood, seconded by Alder Bernstein to approve up to $20,000 for conceptual design services. Motion Passed. Reports of Elected Officials and Staff Alders, Attorney, staff, and Mayor Moore provided various reports and updates. Appointments DRAFT Page 5 of 47 There were no Appointments. Adjournment Motion by Alder Bernstein, seconded by Alder Wood to adjourn the meeting. Motion Passed (9:54 PM). DRAFT Page 6 of 47 Page 7 of 47 Page 8 of 47 Page 9 of 47 Page 10 of 47 Page 11 of 47 Resolution No. 26-6-2907 Monona Common Council APPROVAL OF AN INTERIM SHORT-TERM LICENSE/LEASE FOR USE OF THE SAN DAMIANO PROPERTY WHEREAS, the City Council authorized the City Administrator to begin negotiations on a long-term lease for the use of the San Damiano Property with the Friends of San Damiano; and, WHEREAS, an interim short-term agreement is needed to allow the Friends of San Damiano to proceed with fund raising events while negotiations on a long-term license/lease agreement can be completed. NOW, THEREFORE, BE IT RESOLVED, that the Monona City Council hereby approves a short- term license/lease agreement for use of the San Damiano Property with the Friends of San Damiano for through the end of 2026. Adopted this ________ day of _________________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Approval Requested By: Mayor Moore Council Action: Date Introduced: 6-15-26 Date Approved: _______ Page 12 of 47 Page 1 of 11 2026 LICENSE AGREEMENT BETWEEN THE CITY OF MONONA AND THE FRIENDS OF SAN DAMIANO FOR USE OF THE HOUSE AND GROUNDS THIS LICENSE AGREEMENT (“Agreement”) is entered into effective as of the last date of signature below, by and between the City of Monona, Wisconsin, a municipal corporation, (the “City”) and the Friends of San Damiano, Inc. (“FOSD”). WHEREAS, the City is the owner of approximately 9.8 acres of land, with improvements thereon, located in the City at 4123 Monona Drive (the “Property”). The Property is currently known as “San Damiano” and is utilized by the City for public recreation purposes; WHEREAS, FOSD is a 501(c)3 corporation created and existing to encourage and support the acquisition of the Property by the City, to assist the City in the facilitation of a fundraising campaign to help defray the City’s cost of property acquisition and maintenance, to generate the philanthropic capital necessary to develop the Property as an asset for all to enjoy, to provide input to the City on the future uses of the Property, and to provide options to the City on the management and maintenance of the Property; and WHEREAS, the City and FOSD entered into a memorandum of understanding on March 24, 2025, addressing, in part, the use of the Property by FOSD; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms by which FOSD by use the Property. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. GRANT OF LICENSE. The City hereby grants to FOSD a nonexclusive limited term license to use the Property, as described herein (the “License”) asnd depicted as the four zones of activation on ExhibitEXHIBIT B LICENSED/LEASED PROPERTY. The licensed property shall be within the exterior zone boundary. The License is personal to FOSD, does not run with the land, and may not be assigned or otherwise transferred by FOSD without the prior written consent of the City. a. PERMITTED ACTIVITIES. FOSD is hereby authorized to undertake the following activities on the Property (the “Permitted Activities”): • Fundraisers and donor gatherings • Lawn games and public recreation • Live music events • Arts and cultural events and festivals • Wellness and fitness programming • Nature and environmental education • Food truck and picnic-style events • Family and youth activities Page 13 of 47 Page 2 of 11 • Private gatherings, including weddings and celebrations In addition to the above-listed permitted activities, FOSD may undertake additional activities as approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion (the “Additional Activities”; the Permitted Activities and Additional Activities shall be jointly referred to as the “Activities”). FOSD shall request permission to undertake such additional activities by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. b. SITE PLAN. The licensed premises are as set forth in Exhibit B. The licensed premises is divided into four activation zones. Unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion, all alcohol sales shall occur within the blue areas described as “Bar Sales”, and all portable restrooms shall be located within the yell areas described as “Portable Restroom”. c. ALCOHOL SALES. FOSD shall not sell, dispense or permit the carrying in of any alcohol beverages during any Activities except as permitted by Wisconsin law and pursuant to a license or permit granted by the City. The permit application for such Activities in which alcohol is proposed to be sold shall specifically identify the activation zone(s) in which the activity shall occur, which shall constitute the licensed premises for purpose of dispensing and consuming alcohol. FOSD shall take all reasonable steps to ensure alcohol dispensed or consumed in association with the Activity only occurs within the activation zones so identified. d. HOURS OF OPERATION. All Activities shall occur between the hours of 7:00am and 10:00pm, unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion. FOSD shall request permission to deviate from such hours of operation by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. All Activities shall be conducted in a manner as to not create a nuisance for neighboring uses, and all Activities shall abide by all applicable City ordinances. e. CAPACITY RESTRICTIONS. All Activities shall be limited to no more than 500 persons in attendance per day, unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion. FOSD shall request permission to deviate from such capacity restrictions by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. Notwithstanding the prior provisions of this subsection, FOSD shall comply with all provisions of the Monona Special Event Ordinance (Chapter 384 of the Monona Code of Ordinances), as it may be amended from time to time, with regard to capacity and attendance conditions. f. INFRASTRUCTURE AND LOGISTICS. Page 14 of 47 Page 3 of 11 i. TEMPORARY STRUCTURES. 1. LOCATION. FOSD shall be permitted to erect temporary structures in the areas shown on Exhibit B. FOSD may not erect any structures or penetrate the ground in any way without the prior approval of the city administrator, in his or her sole discretion. 2. DURATION. Temporary structures shall be emplaced no earlier than 24 hours prior to the start of an Activity and removed no later than 24 hours after the end of the Activity, unless approved otherwise by the City Administrator, which approval may be denied in his or her sole discretion. 3. SIZE. No temporary structures shall be permitted greater than 2,400 square feet in size without the prior approval of the city administrator, in his or her sole discretion. 4. BOUNCE HOUSES. No inflatable play structures shall be permitted; including but not limited to bounce houses, inflatable slides and similar structures. ii. UTILITIES. FOSD acknowledges there are minimal utilities available to the Property. FOSD shall be solely responsible, at its sole cost, to ensure adequate utilities are procured for all Activities. FOSD shall reimburse the City within 30 days after invoice for all utility costs incurred by the City as a result of FOSD use of the Property pursuant to this Agreement. iii. PARKING/TRAFFIC. FOSD acknowledges there are minimal parking facilities available on the Property. FOSD shall be responsible, at is sole cost, to ensure adequate parking is available off site for all Activities. PARKING SHALL NOT BE PERMITTED ON ANY GRASS SURFACES, unless approved by the City Administrator as part of a parking plan. At least 30 days prior to all Activities, FOSD shall present a detailed parking plan to the City Administrator. The City Administrator may approve, deny, or modify the parking plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard parking plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. The standard parking plan is included herein as ExhibitEXHIBIT C. iv. RESTROOMS. FOSD acknowledges there are minimal restroom facilities available on the Property. FOSD shall be responsible, at is sole cost, to ensure adequate portable restrooms are available on the Property for all Activities. All portable restrooms shall be located within the areas shown on Exhibit B, unless approved otherwise by the City Administrator, which approval may be denied or conditioned in his or her sole discretion. Portable restrooms shall be emplaced no earlier than 24 hours prior to the Page 15 of 47 Page 4 of 11 start of an Activity and removed no later than 24 hours after the end of the Activity g. OPERATIONAL REQUIREMENTS. i. CLEAN UP AND WASTE MANAGEMENT. FOSD shall be responsible, at is sole cost, to ensure that all debris, garbage, and detritus from all Activities are removed from the Property within 24 hours after the end of the Activity. FOSD shall provide a written clean up and waste management plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard clean up and waste management plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY PERSONNEL OR EQUIPMENT SHALL BE UTILIZED FOR CLEAN UP OR WASTE MANAGEMENT FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. ii. NOISE CONTROL. FOSD shall be responsible to ensure the noise level at all activities shall comply with the requirements of the Monona Code of Ordinances, unless approved otherwise by the City Administrator, which approval may be denied in his or her sole discretion. FOSD acknowledges and agrees the City may order any Activity to immediately cease and all participants to leave the Property in the event noise levels exceed those permitted by the Monona Code of Ordinances or the City Administrator. iii. SECURITY REQUIREMENTS. FOSD shall be responsible, at its sole cost, to ensure that sufficient private security is in place on the Property for all Activities FOSD shall provide a written security plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard security plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY LAW ENFORCEMENT MAY BE UTILIZED TO MEET THE SECURITY REQUIREMENTS FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied in his or her sole discretion. In the event City law enforcement are called to any Activity FOSD shall reimburse the City for all costs incurred by the City as a result of such call within 30 days after receipt of an invoice from the City. iv. USE OF THE FRANK ALLIS HOUSE. FOSD acknowledges the Frank Allis house located on the Property has minimal utilities available to it, and that as a result of requirements of various laws and regulations; including but not limited to fire codes which limit the capacity to 49 persons and the Americans with Disabilities Act, there are significant restrictions, but legal and operational, on the use of the house. Page 16 of 47 Page 5 of 11 Accordingly, FOSD shall not utilize the house for permanent office space except for short-term temporary purposes of no more than ten days in any calendar month, or any Activity lasting more than 4 hours per day, without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. Permitted uses for the interior of the house are to be evaluated by the City Administrator for approval upon request shall include 1) limited temporary storage for event supplies as approved by the Fire Chief, 2) small group short duration meetings related to Activitiesevents on the Pproperty, and 3) logistics for small Activitiesevents 48 hours before, during and 48 hours after approved Activitiesevents. Public access, including group tours, is strictly prohibited without authorization by the City Administrator. Any food preparation is subject to Public Health inspections and permitting. No cooking of food will be permitted inside the house. Absolutely no activities are permitted on the second floor, which should only be accessed for maintenance purposes. h. RESTORATION AND EMERGENCY PROCEDURES. i. SITE RESTORATION. FOSD shall be responsible, at is sole cost, for all damage to the Property or improvements thereon resulting from an Activity, regardless of whether such damage is due to FOSD personnel, guests, invitees or participant; except FOSD shall not be responsible for damage resulting from City personnel or a member of the public utilizing the Property in a manner unrelated to an Activity. All restoration shall be completed and the Property returned to its prior condition no later than 14 days after the end of the event from which the damage occurred. ii. EMERGENCY ACTION PLAN. 1. EMERGENCY MEDCIAL CARE. FOSD shall be responsible, at its sole cost, to ensure sufficient emergency medical facilities and personnel are in place on the Property for all Activities FOSD shall provide a written emergency action plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard emergency action plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY EMERGENCY MEDICAL PERSONNEL MAY BE UTILIZED TO MEET THE EMERGENCY ACTION PLAN REQUIREMENTS FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied in his or her sole discretion. In the event City emergency medical personnel are called to any Activity FOSD shall reimburse the City for all costs incurred by the City as a result of such call within 30 days after receipt of an invoice from the City. Page 17 of 47 Page 6 of 11 2. SEVERE WEATHER / EVACUATION / CANCELLATION. FOSD shall be responsible, at its sole, cost, to monitor weather conditions leading up to and during all Activities, and to ensure adequate protocols are in place to safely protect all participants in all Activities from severe weather conditions and provide adequate resources to evacuate such participants if necessary. The emergency action plan described in subsection 1 above shall include details for monitoring of weather conditions, safety and evacuation protocols, and cancellation protocols in the event of severe weather. 2. FEE. In consideration of the License granted herein FOSD shall pay the City one dollar, payable within 30 days after the effective date of this Agreement. 3. TERM/TERMINATION. The License shall commence on the effective date of this Agreement and expire on December 31, 2026. Notwithstanding the expiration date, the License shall automatically renew for additional one year terms unless either party provides written notice to the other of nonrenewal at least 60 days prior to the expiration of the then current term. In the event FOSD materially breaches any requirement of this Agreement or any approved plan hereunder (either on three or more occasions, or upon failing to cure any breach within 30 days after notice) the City may immediately terminate this Agreement. 4. COMPLIANCE WITH CODE. In conducting any activities pursuant to this Agreement, FOSD shall comply with all applicable federal, state and city laws and regulations. In particular, FOSD shall comply with all provisions of the Monona Special Event Ordinance (Chapter 384 of the Monona Code of Ordinances), as it may be amended from time to time. In the event the requirement of the Monona Special Event Ordinance, or any other applicable law or regulation, differ from the requirements of this Agreement, FOSD shall comply with the more stringent requirement. 5. COSTS/EXPENSES. FOSD hereby agrees that all costs associated with, or arising from, its exercising of any rights granted herein, shall be at FOSD’s sole expense. In the event the City incurs any costs or expenses as a result of any Activity FOSD shall reimburse the City within 30 days after receipt of an invoice. 6. INSURANCE. FOSD shall, at its sole expense, maintain in effect at all times during the performance of the work under this Agreement insurance coverage as set forth in Exhibit A attached hereto. FOSD shall provide a certificate of insurance to the City no later than 30 days after execution of this Agreement and upon all renewals thereafter. The certificates shall name the City as an additional insured, and shall specifically provide that all coverage may not be cancelled or modified without at least 30 days prior notice to the City. 7. INDEMNIFICATION. FOSD shall be liable for any and all damages to person or property by reason of the granting of the License herein. FOSD hereby agrees to indemnify and hold the City harmless from any and all liability and damages arising from its exercising of any rights granted herein. The term “liability” shall include all claims, suits, actions, costs, counsel or expert fees, expenses, damages, judgments or decrees. This provision shall not be construed to limit or affect any insurance coverage which the City may have for such liability and damages. Page 18 of 47 Page 7 of 11 8. NO ADDITIONAL RIGHTS GRANTED. This Agreement grants a limited license to FOSD – it is not a lease. FOSD acknowledges this Agreement shall not grant it any rights other than a limited license to utilize the Property in the manner indicated and only until such time the City decides to terminate this Agreement as provided herein. a. CITY ACCESS. City personnel may access all areas of the Property at any time and for any reason, and take any action deemed in the public interest, in the sole discretion of city personnel, whether or not such access or activity interferes with, limits or restricts any Activity or right of FOSD under this Agreement. The City shall not be responsible for any cost or expense incurred by FOSD, or Activity participants, resulting from such access or action. b. NO MODIFICATION TO PARK. FOSD shall not take any action which shall permanently change the Property or any improvements thereon; including but not limited to the Frank Allis house; without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. c. CITY RIGHT TO TERMINATE ANY ACTIVITY. This City may order any Activity or action of FOSD to immediately cease and all participants to immediately leave the Property in the event of: (a) material violation of any requirement of this Agreement or any approved plan hereunder, or (b) if reasonably deemed necessary for public health or safety in the sole discretion of any city official. 9. PUBLIC USE. a. GRANT LIMITATIONS. FOSD acknowledges the Property is a public recreational area of the City and was acquired utilizing public funds, including grant funds which require the Property be open and available to the public. No rights granted to FOSD pursuant this Agreement shall in any manner permit FOSD to preclude, limit or restrict the use of the Property by the public in contravention to any requirements imposed on the City as a result of its receipt of grant funds for the acquisition of the Property. b. OPEN TO THE PUBLIC TO THE GREATEST EXTENT POSSIBLE. FOSD further acknowledges, the Activities permitted pursuant to this Agreement shall be strictly construed to limit the use of the Property by the public to the least amount necessary for the needs of the Activity. The balance of the Property not strictly required for an Activity shall remain open to the public except as limited by City rules or regulations. c. FREE SPEECH. FOSD further acknowledges the Property has been utilized as a public recreational facility by the City and various rights to freedom of speech may apply to the Property pursuant to the 1st Amendment to the United States Constitution and associated caselaw. As a result, members of the Page 19 of 47 Page 8 of 11 public may be entitled to exercise their 1 st Amendment rights within the Property areas open to the public during Activities. The exercise of such rights may impact the Activities or cause distress to Activity participants. The City shall not be responsible for any cost or expense incurred by FOSD, or Activity participants, resulting from the exercise of such rights. SIGNATURE PAGE IMMEDIATELY FOLLOWS Page 20 of 47 Page 9 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the last date of signature below. CITY OF MONONA By:_________________________________ Nancy Moore, Mayor Date By:_________________________________ Christina Kahl, City Clerk Date THE FRIENDS OF SAN DAMIANO, INC. By:____________________________________ Wes Mosman Block, Authorized Agent Date THIS DOCUMENT DRAFTED BY: William S. Cole, City Attorney Axley Brynelson, LLP 2 E. Mifflin Street, Suite 200 Madison, WI 53703 Page 21 of 47 Page 10 of 11 EXHIBIT A INSURANCE REQUIREMENTS Unless otherwise specified in this AGREEMENT, FOSD shall, at its sole expense, maintain in effect at all times during the performance of the work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies set forth below. Worker’s Compensation and Employer’s Liability Insurance—FOSD shall cover or insure under the applicable labor laws relating to worker’s compensation insurance, all of its employees in accordance with the laws in the State of Wisconsin. FOSD shall provide statutory coverage for work related injuries and employer’s liability insurance with limits of $500,000 each accident, $500,000 disease (policy limit), and $500,000 disease (each employee). Commercial General Liability and Automobile Liability Insurance—FOSD shall provide and maintain the following commercial general liability and automobile liability insurance: Coverage—Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: 1. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001) 2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any vehicle) Limits—FOSD shall maintain limits no less than the following: 1. General Liability—One million dollars ($1,000,000) per occurrence ($2,000,000 general aggregate if applicable) for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504, or insurer’s equivalent endorsement provided to the City) or the general aggregate including product-completed operations aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability—If as any point the FOSD acquires or utilizes a vehicle, they shall maintain one million dollars ($1,000,000) for bodily injury and property damage per occurrence limit covering all vehicles to be used in relationship to the AGREEMENT .unless otherwise approved by the City Administrator. Required Provisions—The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its elected and appointed officials, officers, employees or authorized representatives or volunteers are to be given additional insured status (via ISO endorsement CG 2010, CG 2033, or insurer’s equivalent for general liability coverage) as respects: liability arising out of activities performed by or on behalf of FOSD; products and completed operations of FOSD; premises occupied or used by FOSD; and vehicles owned, leased, hired or borrowed by FOSD. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 2. For any claims related to this project, FOSD’s insurance shall be primary insurance as respects the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, self-insurance, or other coverage Page 22 of 47 Page 11 of 11 maintained by the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers shall not contribute to it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 4. FOSD’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Each insurance policy required by this AGREEMENT shall state, or be endorsed to state, that coverage shall not be canceled by the insurance carrier or FOSD, except after sixty (60) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to the City. 6. Such liability insurance shall indemnify the City against loss from liability imposed by law upon, or assumed under contract by, FOSD for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability. 7. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment and blanket contractual liability. The automobile liability policy shall cover all owned, non-owned, and hired vehicles. All of the insurance shall be provided on policy forms and through companies satisfactory to the City, and shall have a minimum A.M. Best’s rating of A-VII. Deductibles and Self-Insured Retentions—Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, the insurer shall either reduce or eliminate such deductibles or self-insured retentions. Evidences of Insurance—Prior to FOSD’s commencement of work under the AGREEMENT, FOSD shall file with the City a certificate of insurance (Acord Form 25-S or equivalent) signed by the insurer’s representative evidencing the coverage required by this AGREEMENT. Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to include all required provisions 1-7. FOSD shall, upon demand of the City, deliver to the City such policy or policies of insurance and the receipts for payment of premiums thereon. Sub-Contractors—In the event that FOSD employs other contractors (sub-contractors) as part of the work covered by this AGREEMENT, it shall be FOSD’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. Page 23 of 47 Page 1 of 11 2026 LICENSE AGREEMENT BETWEEN THE CITY OF MONONA AND THE FRIENDS OF SAN DAMIANO FOR USE OF THE HOUSE AND GROUNDS THIS LICENSE AGREEMENT (“Agreement”) is entered into effective as of the last date of signature below, by and between the City of Monona, Wisconsin, a municipal corporation, (the “City”) and the Friends of San Damiano, Inc. (“FOSD”). WHEREAS, the City is the owner of approximately 9.8 acres of land, with improvements thereon, located in the City at 4123 Monona Drive (the “Property”). The Property is currently known as “San Damiano” and is utilized by the City for public recreation purposes; WHEREAS, FOSD is a 501(c)3 corporation created and existing to encourage and support the acquisition of the Property by the City, to assist the City in the facilitation of a fundraising campaign to help defray the City’s cost of property acquisition and maintenance, to generate the philanthropic capital necessary to develop the Property as an asset for all to enjoy, to provide input to the City on the future uses of the Property, and to provide options to the City on the management and maintenance of the Property; and WHEREAS, the City and FOSD entered into a memorandum of understanding on March 24, 2025, addressing, in part, the use of the Property by FOSD; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms by which FOSD by use the Property. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. GRANT OF LICENSE. The City hereby grants to FOSD a nonexclusive limited term license to use the Property, as described herein (the “License”) and depicted as the four zones of activation on Exhibit B. The License is personal to FOSD, does not run with the land, and may not be assigned or otherwise transferred by FOSD without the prior written consent of the City. a. PERMITTED ACTIVITIES. FOSD is hereby authorized to undertake the following activities on the Property (the “Permitted Activities”): • Fundraisers and donor gatherings • Lawn games and public recreation • Live music events • Arts and cultural events and festivals • Wellness and fitness programming • Nature and environmental education • Food truck and picnic-style events • Family and youth activities • Private gatherings, including weddings and celebrations Page 24 of 47 Page 2 of 11 In addition to the above-listed permitted activities, FOSD may undertake additional activities as approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion (the “Additional Activities”; the Permitted Activities and Additional Activities shall be jointly referred to as the “Activities”). FOSD shall request permission to undertake such additional activities by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. b. SITE PLAN. The licensed premises are as set forth in Exhibit B. The licensed premises is divided into four activation zones. Unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion, all alcohol sales shall occur within the blue areas described as “Bar Sales”, and all portable restrooms shall be located within the yell areas described as “Portable Restroom”. c. ALCOHOL SALES. FOSD shall not sell, dispense or permit the carrying in of any alcohol beverages during any Activities except as permitted by Wisconsin law and pursuant to a license or permit granted by the City. The permit application for such Activities in which alcohol is proposed to be sold shall specifically identify the activation zone(s) in which the activity shall occur, which shall constitute the licensed premises for purpose of dispensing and consuming alcohol. FOSD shall take all reasonable steps to ensure alcohol dispensed or consumed in association with the Activity only occurs within the activation zones so identified. d. HOURS OF OPERATION. All Activities shall occur between the hours of 7:00am and 10:00pm, unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion. FOSD shall request permission to deviate from such hours of operation by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. All Activities shall be conducted in a manner as to not create a nuisance for neighboring uses, and all Activities shall abide by all applicable City ordinances. e. CAPACITY RESTRICTIONS. All Activities shall be limited to no more than 500 persons in attendance per day, unless otherwise approved by the City Administrator, which approval may be denied of conditioned in his or her sole discretion. FOSD shall request permission to deviate from such capacity restrictions by providing a detailed written request to the City Administrator at least 30 days prior to the start of the Activity. Notwithstanding the prior provisions of this subsection, FOSD shall comply with all provisions of the Monona Special Event Ordinance (Chapter 384 of the Monona Code of Ordinances), as it may be amended from time to time, with regard to capacity and attendance conditions. f. INFRASTRUCTURE AND LOGISTICS. i. TEMPORARY STRUCTURES. Page 25 of 47 Page 3 of 11 1. LOCATION. FOSD shall be permitted to erect temporary structures in the areas shown on Exhibit B. FOSD may not erect any structures or penetrate the ground in any way without the prior approval of the city administrator, in his or her sole discretion. 2. DURATION. Temporary structures shall be emplaced no earlier than 24 hours prior to the start of an Activity and removed no later than 24 hours after the end of the Activity, unless approved otherwise by the City Administrator, which approval may be denied in his or her sole discretion. 3. SIZE. No temporary structures shall be permitted greater than 2,400 square feet in size without the prior approval of the city administrator, in his or her sole discretion. 4. BOUNCE HOUSES. No inflatable play structures shall be permitted; including but not limited to bounce houses, inflatable slides and similar structures. ii. UTILITIES. FOSD acknowledges there are minimal utilities available to the Property. FOSD shall be solely responsible, at its sole cost, to ensure adequate utilities are procured for all Activities. FOSD shall reimburse the City within 30 days after invoice for all utility costs incurred by the City as a result of FOSD use of the Property pursuant to this Agreement. iii. PARKING/TRAFFIC. FOSD acknowledges there are minimal parking facilities available on the Property. FOSD shall be responsible, at is sole cost, to ensure adequate parking is available off site for all Activities. PARKING SHALL NOT BE PERMITTED ON ANY GRASS SURFACES, unless approved by the City Administrator as part of a parking plan. At least 30 days prior to all Activities, FOSD shall present a detailed parking plan to the City Administrator. The City Administrator may approve, deny, or modify the parking plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard parking plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. The standard parking plan is included herein as Exhibit C. iv. RESTROOMS. FOSD acknowledges there are minimal restroom facilities available on the Property. FOSD shall be responsible, at is sole cost, to ensure adequate portable restrooms are available on the Property for all Activities. All portable restrooms shall be located within the areas shown on Exhibit B, unless approved otherwise by the City Administrator, which approval may be denied or conditioned in his or her sole discretion. Portable restrooms shall be emplaced no earlier than 24 hours prior to the start of an Activity and removed no later than 24 hours after the end of the Activity Page 26 of 47 Page 4 of 11 g. OPERATIONAL REQUIREMENTS. i. CLEAN UP AND WASTE MANAGEMENT. FOSD shall be responsible, at is sole cost, to ensure that all debris, garbage, and detritus from all Activities are removed from the Property within 24 hours after the end of the Activity. FOSD shall provide a written clean up and waste management plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard clean up and waste management plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY PERSONNEL OR EQUIPMENT SHALL BE UTILIZED FOR CLEAN UP OR WASTE MANAGEMENT FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. ii. NOISE CONTROL. FOSD shall be responsible to ensure the noise level at all activities shall comply with the requirements of the Monona Code of Ordinances, unless approved otherwise by the City Administrator, which approval may be denied in his or her sole discretion. FOSD acknowledges and agrees the City may order any Activity to immediately cease and all participants to leave the Property in the event noise levels exceed those permitted by the Monona Code of Ordinances or the City Administrator. iii. SECURITY REQUIREMENTS. FOSD shall be responsible, at its sole cost, to ensure that sufficient private security is in place on the Property for all Activities FOSD shall provide a written security plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard security plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY LAW ENFORCEMENT MAY BE UTILIZED TO MEET THE SECURITY REQUIREMENTS FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied in his or her sole discretion. In the event City law enforcement are called to any Activity FOSD shall reimburse the City for all costs incurred by the City as a result of such call within 30 days after receipt of an invoice from the City. iv. USE OF THE FRANK ALLIS HOUSE. FOSD acknowledges the Frank Allis house located on the Property has minimal utilities available to it, and that as a result of requirements of various laws and regulations; including but not limited to fire codes which limit the capacity to 49 persons and the Americans with Disabilities Act, there are significant restrictions, but legal and operational, on the use of the house. Accordingly, FOSD shall not utilize the house for office space except for short-term temporary purposes of no more than ten days in any calendar Page 27 of 47 Page 5 of 11 month, or any Activity lasting more than 4 hours per day, without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. Permitted uses for the interior of the house are to be evaluated by the City Administrator for approval upon request shall include 1) limited temporary storage for event supplies as approved by the Fire Chief, 2) small group short duration meetings related to Activities on the Property, and 3) logistics for small Activities 48 hours before, during and 48 hours after approved Activities. Public access, including group tours, is strictly prohibited without authorization by the City Administrator. Any food preparation is subject to Public Health inspections and permitting. No cooking of food will be permitted inside the house. Absolutely no activities are permitted on the second floor, which should only be accessed for maintenance purposes. h. RESTORATION AND EMERGENCY PROCEDURES. i. SITE RESTORATION. FOSD shall be responsible, at is sole cost, for all damage to the Property or improvements thereon resulting from an Activity, regardless of whether such damage is due to FOSD personnel, guests, invitees or participant; except FOSD shall not be responsible for damage resulting from City personnel or a member of the public utilizing the Property in a manner unrelated to an Activity. All restoration shall be completed and the Property returned to its prior condition no later than 14 days after the end of the event from which the damage occurred. ii. EMERGENCY ACTION PLAN. 1. EMERGENCY MEDCIAL CARE. FOSD shall be responsible, at its sole cost, to ensure sufficient emergency medical facilities and personnel are in place on the Property for all Activities FOSD shall provide a written emergency action plan to the City Administrator. The City Administrator may approve, deny, or modify the plan in his or her sole discretion. FOSD may present for approval by the City Administrator standard emergency action plans based on anticipated attendance, which, if approved, may constitute approval on an on-going basis. NO CITY EMERGENCY MEDICAL PERSONNEL MAY BE UTILIZED TO MEET THE EMERGENCY ACTION PLAN REQUIREMENTS FOR ANY ACTIVITY without the prior approval of the City Administrator, which approval may be denied in his or her sole discretion. In the event City emergency medical personnel are called to any Activity FOSD shall reimburse the City for all costs incurred by the City as a result of such call within 30 days after receipt of an invoice from the City. 2. SEVERE WEATHER / EVACUATION / CANCELLATION. FOSD shall be responsible, at its sole, cost, to monitor weather conditions leading up to and during all Activities, and to ensure Page 28 of 47 Page 6 of 11 adequate protocols are in place to safely protect all participants in all Activities from severe weather conditions and provide adequate resources to evacuate such participants if necessary. The emergency action plan described in subsection 1 above shall include details for monitoring of weather conditions, safety and evacuation protocols, and cancellation protocols in the event of severe weather. 2. FEE. In consideration of the License granted herein FOSD shall pay the City one dollar, payable within 30 days after the effective date of this Agreement. 3. TERM/TERMINATION. The License shall commence on the effective date of this Agreement and expire on December 31, 2026. Notwithstanding the expiration date, the License shall automatically renew for additional one year terms unless either party provides written notice to the other of nonrenewal at least 60 days prior to the expiration of the then current term. In the event FOSD materially breaches any requirement of this Agreement or any approved plan hereunder (either on three or more occasions, or upon failing to cure any breach within 30 days after notice) the City may immediately terminate this Agreement. 4. COMPLIANCE WITH CODE. In conducting any activities pursuant to this Agreement, FOSD shall comply with all applicable federal, state and city laws and regulations. In particular, FOSD shall comply with all provisions of the Monona Special Event Ordinance (Chapter 384 of the Monona Code of Ordinances), as it may be amended from time to time. In the event the requirement of the Monona Special Event Ordinance, or any other applicable law or regulation, differ from the requirements of this Agreement, FOSD shall comply with the more stringent requirement. 5. COSTS/EXPENSES. FOSD hereby agrees that all costs associated with, or arising from, its exercising of any rights granted herein, shall be at FOSD’s sole expense. In the event the City incurs any costs or expenses as a result of any Activity FOSD shall reimburse the City within 30 days after receipt of an invoice. 6. INSURANCE. FOSD shall, at its sole expense, maintain in effect at all times during the performance of the work under this Agreement insurance coverage as set forth in Exhibit A attached hereto. FOSD shall provide a certificate of insurance to the City no later than 30 days after execution of this Agreement and upon all renewals thereafter. The certificates shall name the City as an additional insured, and shall specifically provide that all coverage may not be cancelled or modified without at least 30 days prior notice to the City. 7. INDEMNIFICATION. FOSD shall be liable for any and all damages to person or property by reason of the granting of the License herein. FOSD hereby agrees to indemnify and hold the City harmless from any and all liability and damages arising from its exercising of any rights granted herein. The term “liability” shall include all claims, suits, actions, costs, counsel or expert fees, expenses, damages, judgments or decrees. This provision shall not be construed to limit or affect any insurance coverage which the City may have for such liability and damages. 8. NO ADDITIONAL RIGHTS GRANTED. This Agreement grants a limited license to FOSD – it is not a lease. FOSD acknowledges this Agreement shall not grant it any Page 29 of 47 Page 7 of 11 rights other than a limited license to utilize the Property in the manner indicated and only until such time the City decides to terminate this Agreement as provided herein. a. CITY ACCESS. City personnel may access all areas of the Property at any time and for any reason, and take any action deemed in the public interest, in the sole discretion of city personnel, whether or not such access or activity interferes with, limits or restricts any Activity or right of FOSD under this Agreement. The City shall not be responsible for any cost or expense incurred by FOSD, or Activity participants, resulting from such access or action. b. NO MODIFICATION TO PARK. FOSD shall not take any action which shall permanently change the Property or any improvements thereon; including but not limited to the Frank Allis house; without the prior approval of the City Administrator, which approval may be denied or conditioned in his or her sole discretion. c. CITY RIGHT TO TERMINATE ANY ACTIVITY. This City may order any Activity or action of FOSD to immediately cease and all participants to immediately leave the Property in the event of: (a) material violation of any requirement of this Agreement or any approved plan hereunder, or (b) if reasonably deemed necessary for public health or safety in the sole discretion of any city official. 9. PUBLIC USE. a. GRANT LIMITATIONS. FOSD acknowledges the Property is a public recreational area of the City and was acquired utilizing public funds, including grant funds which require the Property be open and available to the public. No rights granted to FOSD pursuant this Agreement shall in any manner permit FOSD to preclude, limit or restrict the use of the Property by the public in contravention to any requirements imposed on the City as a result of its receipt of grant funds for the acquisition of the Property. b. OPEN TO THE PUBLIC TO THE GREATEST EXTENT POSSIBLE. FOSD further acknowledges, the Activities permitted pursuant to this Agreement shall be strictly construed to limit the use of the Property by the public to the least amount necessary for the needs of the Activity. The balance of the Property not strictly required for an Activity shall remain open to the public except as limited by City rules or regulations. c. FREE SPEECH. FOSD further acknowledges the Property has been utilized as a public recreational facility by the City and various rights to freedom of speech may apply to the Property pursuant to the 1st Amendment to the United States Constitution and associated caselaw. As a result, members of the public may be entitled to exercise their 1 st Amendment rights within the Property areas open to the public during Activities. The exercise of such rights may impact the Activities or cause distress to Activity participants. The Page 30 of 47 Page 8 of 11 City shall not be responsible for any cost or expense incurred by FOSD, or Activity participants, resulting from the exercise of such rights. SIGNATURE PAGE IMMEDIATELY FOLLOWS Page 31 of 47 Page 9 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the last date of signature below. CITY OF MONONA By:_________________________________ Nancy Moore, Mayor Date By:_________________________________ Christina Kahl, City Clerk Date THE FRIENDS OF SAN DAMIANO, INC. By:____________________________________ Wes Mosman Block, Authorized Agent Date THIS DOCUMENT DRAFTED BY: William S. Cole, City Attorney Axley Brynelson, LLP 2 E. Mifflin Street, Suite 200 Madison, WI 53703 Page 32 of 47 Page 10 of 11 EXHIBIT A INSURANCE REQUIREMENTS Unless otherwise specified in this AGREEMENT, FOSD shall, at its sole expense, maintain in effect at all times during the performance of the work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies set forth below. Worker’s Compensation and Employer’s Liability Insurance—FOSD shall cover or insure under the applicable labor laws relating to worker’s compensation insurance, all of its employees in accordance with the laws in the State of Wisconsin. FOSD shall provide statutory coverage for work related injuries and employer’s liability insurance with limits of $500,000 each accident, $500,000 disease (policy limit), and $500,000 disease (each employee). Commercial General Liability and Automobile Liability Insurance—FOSD shall provide and maintain the following commercial general liability and automobile liability insurance: Coverage—Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: 1. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001) 2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any vehicle) Limits—FOSD shall maintain limits no less than the following: 1. General Liability—One million dollars ($1,000,000) per occurrence ($2,000,000 general aggregate if applicable) for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504, or insurer’s equivalent endorsement provided to the City) or the general aggregate including product-completed operations aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability—If as any point the FOSD acquires or utilizes a vehicle, they shall maintain one million dollars ($1,000,000) for bodily injury and property damage per occurrence limit covering all vehicles to be used in relationship to the AGREEMENT unless otherwise approved by the City Administrator. Required Provisions—The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its elected and appointed officials, officers, employees or authorized representatives or volunteers are to be given additional insured status (via ISO endorsement CG 2010, CG 2033, or insurer’s equivalent for general liability coverage) as respects: liability arising out of activities performed by or on behalf of FOSD; products and completed operations of FOSD; premises occupied or used by FOSD; and vehicles owned, leased, hired or borrowed by FOSD. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 2. For any claims related to this project, FOSD’s insurance shall be primary insurance as respects the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, self-insurance, or other coverage Page 33 of 47 Page 11 of 11 maintained by the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers shall not contribute to it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 4. FOSD’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Each insurance policy required by this AGREEMENT shall state, or be endorsed to state, that coverage shall not be canceled by the insurance carrier or FOSD, except after sixty (60) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to the City. 6. Such liability insurance shall indemnify the City against loss from liability imposed by law upon, or assumed under contract by, FOSD for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability. 7. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment and blanket contractual liability. The automobile liability policy shall cover all owned, non-owned, and hired vehicles. All of the insurance shall be provided on policy forms and through companies satisfactory to the City, and shall have a minimum A.M. Best’s rating of A-VII. Deductibles and Self-Insured Retentions—Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, the insurer shall either reduce or eliminate such deductibles or self-insured retentions. Evidences of Insurance—Prior to FOSD’s commencement of work under the AGREEMENT, FOSD shall file with the City a certificate of insurance (Acord Form 25-S or equivalent) signed by the insurer’s representative evidencing the coverage required by this AGREEMENT. Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to include all required provisions 1-7. FOSD shall, upon demand of the City, deliver to the City such policy or policies of insurance and the receipts for payment of premiums thereon. Sub-Contractors—In the event that FOSD employs other contractors (sub-contractors) as part of the work covered by this AGREEMENT, it shall be FOSD’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. Page 34 of 47 Ordinance No. 7-26-808 Monona Common Council AMENDING CHAPTER 272 OF THE MONONA CODE OF ORDINANCES REGARDING FENCING REQUIREMENTS FOR ALCOHOL ESTABLISHMENTS WHEREAS, the Common Council finds it in the public interest to amend the Code of Ordinances with regard to fencing requirements for entities licensed to dispense alcohol. NOW, THEREFORE, the Common Council of the City of Monona, Dane County, Wisconsin, do ordain as follows: SECTION 1. Section 272-8.E of the Code of Ordinances is hereby amended as set forth in Exhibit A. SECTION 2. Section 272-17.C of the Code of Ordinances is hereby amended as set forth in Exhibit A. SECTION 3. Section 272-20.C(4) of the Code of Ordinances is hereby amended as set forth in Exhibit A. SECTION 4. All other provisions of the Monona Code of Ordinances not specifically amended herein shall remain unmodified and in full force and effect. SECTION 5. This ordinance shall take effect upon passage and publication as provided by law. Adopted this ______ day of , 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Requested By: City Council – 6/15/26 Drafted By: William S. Cole, City Attorney – 6/22/26 Approved As To Form By: William S. Cole, City Attorney – 6/22/26 Council Action: Date Introduced: 7-6-26 Date Approved: _____ Page 35 of 47 2 EXHIBIT A Redline of Changes § 272-8 Qualifications of applicants and premises. … E. Right to premises. No applicant will be considered unless he, or she, or it possesses the legal right to occupy and control has the right to possession of the premises described in the application for the license period. by lease or by deed … § 272-17 Restrictions on temporary fermented malt beverage or wine licenses. … C. Fencing. If determined necessary by the License Review Committee, fencing of a size, type, configuration and location as determined by the License Review Committee. A double-row snow fence shall be required and installed around the event area. The snow fence and, if used, tent shall be erected no more than 48 hours in advance and removed within 48 hours after the event is over. Where possible, there shall be only one point of ingress and egress. The double fence shall be a minimum of four feet high and a minimum of six feet between fences. Exceptions may be granted for instances of inclement weather or undue hardship. … § 272-20 Beer garden or patio permits required for outdoor consumption. … (4) If determined necessary by the License Review Committee, eEvery beer garden shall be completely enclosed with a fence or wall of a size, type, configuration and location as determined by the License Review Committeenot less than five feet in height, ands approved by the Plan Commission. Beer gardens shall only be accessible through a latched gate, which shall remain closed except for ingress and egress of individual persons. … Page 36 of 47 Resolution No. 26-7-2908 Monona Common Council APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MONONA, MONONA COMMUNITY DEVELOPMENT AUTHORITY, AND GALWAY COMPANIES, INC. WHEREAS, the City Attorney and City Staff have negotiated a development agreement with the developer concerning a 357-unit mixed-use development at approximately 1709 W. Broadway; and, WHEREAS, on July 17, 2026, the Community Development Authority reviewed and voted unanimously to recommend approval of the development agreement to the Common Council; and, WHEREAS, the Common Council finds it to be in the public interest to enter into the development agreement. NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Monona, Dane County, Wisconsin, hereby resolves to accept and approve the attached development agreement between the City of Monona, Monona Community Development Authority, and Galway Companies, Inc. Adopted this _______ day of _______________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Approval Recommended By: Community Development Authority – 07/17/26 Council Action: Date Introduced: 07-06-26 Date Approved: _______ Page 37 of 47 Resolution No. 26-7-2912 Monona Common Council AMENDING THE 2026 CAPITAL BUDGET FOR IMPROVEMENTS TO THE AHUSKA PARK BASEBALL FIELD WHEREAS, Ahuska Park is home to one of the City's most heavily utilized baseball facilities, serving youth, school, and adult baseball organizations throughout the baseball season; and, WHEREAS, the 2026 Capital Budget includes $35,000 for improvements to the Ahuska Park baseball infield to remove field lips, improve the overall playing surface, and construct a batting cage along the first base/right field side to better serve existing user groups and provide additional practice opportunities for the greater Monona community; and, WHEREAS, updated construction quotes for renovation of the baseball infield exceed the amount originally budgeted, requiring additional funding to complete the planned improvements; and, WHEREAS, the Parks and Recreation Board reviewed the proposed project and recommended amending the 2026 Capital Improvement Budget to utilize Parkland Dedication Fees to complete these improvements. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Monona, Dane County, Wisconsin, that the 2026 Capital Budget is hereby amended to increase the total budget for the Ahuska Park Baseball Field Improvements from $35,000 to $65,000, with the additional $30,000 allocated from Parkland Dedication Fees. Adopted this ______ day of ________________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Approval Recommended By: Park and Recreation Board – 6/24/26 Council Action: Date Introduced: 7-20-26 Date Approved: ______ Page 38 of 47 City of Monona Policy and Fiscal Note Original or Update: Original Title: Consideration of Resolution 26-7-2912 Amending the 2026 Capital Budget for Improvements to the Ahuska Park Baseball Field (Park and Recreation Board). Policy Analysis Statement: Brief Description of Proposal: The proposed project includes renovation of the baseball infield to remove field lips, improve the overall playing surface, and to construct a batting cage along the first base/right field side. The total cost of this project is $65,000. The City budgeted $35,000 in 2026 using Parkland Dedication fees. A budget amendment is required to complete the project as proposed. Staff recommends using $30,000 from the Parkland fund balance. Total available fund balance is $236,197. Current Policy or Practice: The project is currently budgeted at $35,000. Impact of Adopting Proposal: Able to complete the project and reduce the Parkland fund balance. Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget ____ No change to budget required X Expenditure not authorized in budget ____ Budget amendment required Fiscal Effect ("x" all that apply) ____ No fiscal effect ____ Creates new expenditure account ____ Creates new revenue account X Increases expenditures ____ Increases Revenues X Decreases fund balance: Parkland Fund Vote Required: ____ Majority X Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Expenditure/Revenue Changes: Budget Amendment No. 26-15 No Budget Amendment Required: ________ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object 403 57 57620 825 Ahuska Park Baseball Field 35,000 30,000 65,000 403 46 49300 000 Parkland Fund Balance Applied 80,000 30,000 11,000 Prepared By: Department: Parks and Recreation Approved by: Marc Houtakker, Finance Director Date: 7/16/2026 Page 39 of 47 Resolution No. 26-7-2913 Monona Common Council AMENDING THE 2026 CAPITAL BUDGET FOR REPAIRS TO THE DREAM PARK SHELTER WHEREAS, the Dream Park shelter is a heavily utilized community facility that serves park visitors, recreational programs, and special events throughout the year; and, WHEREAS, an evaluation of the facility has identified several building improvements which have been deemed necessary to preserve the structure, improve accessibility and functionality, and reduce future maintenance costs; and, WHEREAS, proposed improvements include replacement of the shelter roof, plumbing modifications associated with the drinking fountains, ceiling repairs and improvements, and other related building improvements; and, WHEREAS, this work was unbudgeted in 2026, so a budget amendment for $60,000 will be necessary, with approximately half of the funds allocated from savings on other capital projects and the remaining from capital fund balance. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Monona, Dane County, Wisconsin, that the 2026 Capital Budget is hereby amended to reallocate $10,748 from the Pool Painting Project, $7,949.65 from the Radio Receiver Project, $10,000 from the Pool Leak Detection project, and $31,3102.35 from Capital Fund Balance for a total of $60,000 to be used for repairs to the Dream Park shelter in 2026. Adopted this _______ day of ________________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Requested By: Park and Recreation Director Jake Anderson Council Action: Date Introduced: 7-20-26 Date Approved: ______ Page 40 of 47 City of Monona Policy and Fiscal Note Original or Update: Original Title: Consideration of Resolution 26-7-2913 Amending the 2026 Capital Budget for Repairs to the Dream Park Shelter (Park and Recreation Director). Policy Analysis Statement: Brief Description of Proposal: Proposed improvements include replacement of the shelter roof, plumbing modifications associated with the drinking fountains, ceiling repairs and improvements, and other related building improvements necessary for Dream Park shelter. Improvements not to exceed $60,000. These capital improvements were not included in the 2026 capital budget. A budget amendment is required. Staff is proposing capital funds from completed projects and Capital Fund Balance. $10,748.00 Pool Painting 7,949.65 Radio Receiver North End 10.000.00 Leak Detection 31,302.35 Capital Fund Balance $60,000.00 Total Current Policy or Practice: Not in the 2026 CIP Impact of Adopting Proposal: Update the Dream Park Shelter Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget ____ No change to budget required X Expenditure not authorized in budget X Budget amendment required Fiscal Effect ("x" all that apply) ____ No fiscal effect X Creates new expenditure account ____ Creates new revenue account X Increases expenditures ____ Increases Revenues X Decreases fund balance: Capital Fund Vote Required: ____ Majority X Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Expenditure/Revenue Changes: Budget Amendment No. 26-14 No Budget Amendment Required: ________ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object 400 57 57620 924 Dream Park 0 60,000 60,000.00 400 57 57630 824 Pool Painting 50,000 10,748.00 39,252.00 400 57 57630 865 Pool Leak Detection 20,000 10,000.00 10,000.00 400 57 57220 861 Radio Receiver North 35,000 7,949.65 27,050.35 400 40 49000 000 Capital Fund Balance 0 31,302.35 31,302.35 Page 41 of 47 Prepared By: Department: Parks and Recreation Approved by: Marc Houtakker, Finance Director Date: 7/17/2026 Page 42 of 47 Resolution No. 26-7-2914 Monona Common Council APPROVAL TO SUBMIT A NON-BINDING LETTER OF INTENT REGARDING THE MAYWOOD SCHOOL PROPERTY WHEREAS, the Monona Grove School District has communicated its decision to explore the potential sale of its Maywood School property (hereafter “Maywood”), located at 902 Nichols Road in Monona; and, WHEREAS, the City of Monona currently leases a portion of Maywood for the operation of Monona Park and Recreation’s afterschool and summer camp programs, and the City Council wishes to evaluate the feasibility of acquiring Maywood as a part of the City’s central civic campus; and, WHEREAS, the Monona Grove School Board has requested that City of Monona provide a non-binding letter of intent by August 31, 2026. NOW, THEREFORE, BE IT RESOLVED, that the Monona City Council hereby authorizes staff to prepare and submit a non-binding letter of intent to the Monona Grove School Board, to proceed with evaluation of the conditions and value of Maywood, and to enter into negotiations to potentially acquire the property if found to be in the best interest of the City of Monona and their residents. Adopted this ________ day of _________________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Approval Requested By: Mayor Moore Council Action: Date Introduced: 7-20-26 Date Approved: _______ Page 43 of 47 Agenda Item Details Public Content Meeting Jun 09, 2026 - Monona Grove School District Board of Education Meeting Category H. Action Items Subject 6. Discussion and Possible Action regarding Property Utilization Access Public Type Action, Discussion Recommended Action I move to authorize the administration to solicit a non-binding letter of intent from the City of Monona regarding the potential sale of the Maywood School building located at 902 Nichols Road, to be received by August 31, 2026, with formal contract negotiations to commence only after Board receipt and review of said letter; no further exploration any other real estate assets owned by the Monona Grove School District at this time. PRESENTER: Tanya L. Fredrich, PhD, Superintendent Background The Monona Grove School District remains deeply committed to the strategic, data-driven management of its physical assets. Our objective is to ensure that our facilities align with the evolving instructional needs of our students while remaining grounded in the fiscal realities of our community. To achieve this, the Board of Education and district administration have engaged in a methodical, multi-year review of our real estate portfolio, specifically analyzing facility capacity, regional demographic shifts, and long-term financial sustainability. This process has advanced through three distinct phases: Phase I: Enrollment & Capacity Analysis (Fall 2025): The Board conducted a comprehensive workshop focused on birth rates, local housing trends, and building utilization rates. Phase II: Strategic Action & Market Valuation (December 2025): Taking proactive measures, the Board authorized the consolidation of Taylor Prairie and Cottage Grove Schools onto a single campus. Simultaneously, to ensure absolute fiscal transparency and market awareness, the Board commissioned an independent Broker’s Opinion of Value (BOV) from Colliers to evaluate outlying district assets. Phase III: Data Synthesis & Workshop Review (Spring 2026): The initial BOV findings were presented on April 20, followed by an intensive, deep-dive Board workshop on April 27. This phase focused on synthesizing the market data for the public and evaluating long-term asset management trajectories. Key Data & Realities The district’s current discussion is informed by three primary data streams: 1. Stable Local Enrollment vs. Regional Decline: Nationally and regionally, a "birth dearth" has led to shrinking K-12 student populations. Regionally, neighbors like the Madison Metropolitan School District project a loss of over 700 students in the next five years. Conversely, Monona Grove’s enrollment remains remarkably stable, with a projected "flat" curve through 2031. 6/9/26, 7:39 PM BoardDocs® LT https://go.boarddocs.com/wi/mgsd/Board.nsf/Private?open&login# 1/2 Page 44 of 47 Administrative Content Executive Content 2. Long-Term Capital Improvement Liabilities: Comprehensive facility assessments indicate that the Maywood School building (902 Nichols Road) carries substantial, compounding deferred maintenance and long-term capital improvement liabilities. Because this building transitioned away from functioning as a K-12 elementary site 16 years ago, investing limited capital or referendum dollars into its structural envelope no longer aligns with our core instructional mission yet provides a vital resources to the community famlies through the Park and Rec Programming 3. Current Lease Status & Impending Window: The Maywood building currently serves as a community asset through a 5-year lease agreement with the City of Monona. Crucially, as of July 1, the district formally enters the third year of this agreement, which triggers a specific clause opening the lease to formal review. This upcoming contractual window makes tonight the ideal strategic moment to determine the long-term path for this property to be acquired by the City. Proposal & Board Consensus During the Board of Education's most recent deep-dive facilities discussions in April and May, a discussion leaned toward consensus reached regarding the district's outlying real estate assets: Village of Cottage Grove Engagement: The district engaged the Village of Cottage Grove to gauge their municipal interest in the Taylor Prairie property. Result: The Village has officially responded indicating that they are not interested in the site at this time. Asset Stabilization: Based on municipal feedback and current operational footprints, the consensus of the Board was to take no further action regarding the Nichols Road (District Office/MG21) property, or any other real estate assets owned by the Monona Grove School District at this time. City of Monona Engagement: Conversely, initial conversations indicated a mutual interest in exploring local municipal aquisition of the Maywood site and utilize the upcoming July 1 lease-review window, and honor local use, the Board directed administration to formalize discussions with the City of Monona. To operationalize this consensus, administration is requesting authorization to solicit a formal, non-binding proposal from the City. This mechanism provides a transparent, legal framework to explore a potential transition without committing the district to a final sale 6/9/26, 7:39 PM BoardDocs® LT https://go.boarddocs.com/wi/mgsd/Board.nsf/Private?open&login# 2/2 Page 45 of 47 Resolution No. 26-7-2915 Monona Common Council AMENDING THE 2026 OPERATING BUDGET AND AUTHORIZING A CONTRACT FOR FACILITY INSPECTION SERVICES AT MAYWOOD SCHOOL WHEREAS, the Monona Grove School Board has requested that City of Monona provide a non-binding letter of intent regarding the potential sale of the Maywood School property located at 902 Nichols Road (hereafter “Maywood”) by August 31, 2026; and, WHEREAS, the City wishes to further evaluate the cost and feasibility of adding the Maywood building to the City’s central civic campus; and, WHEREAS, the City has sought competitive price quotes from multiple firms to evaluate and report on the condition of the building and the potential cost for necessary repairs, as well as to review any and all documentation related to the overall condition of the building and repairs completed in the last 10 years. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Monona, Dane County, Wisconsin, that the 2026 Operating Budget is hereby amended to transfer $6,000 from the general fund balance to hire a qualified firm to review existing building documents and plans and to directly evaluate the physical conditions of the buildings on the Maywood property. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to enter into a contract for a facility inspection and review of the Maywood property upon review of the contract by the City Attorney. Adopted this ________ day of _________________________, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN Nancy W. Moore Mayor ATTEST: Christina M. Kahl City Clerk Approval Requested By: City Administrator Council Action: Date Introduced: 7-20-26 Date Approved: _______ Page 46 of 47 City of Monona Policy and Fiscal Note Original or Update: Original Title: Consideration of Resolution 26-7-2915 Amending the 2026 Operating Budget and Authorizing a Contract for Facility Inspection Services at Maywood School (City Administrator). Policy Analysis Statement: Brief Description of Proposal: The City wishes to contract with a technical expert to assist in officially evaluating the condition of the Maywood School building and the potential cost for repairs as well as reviewing any and all documentation related to the overall condition of the building and repairs completed in the last 10 years, and it has sought competitive price quotes from multiple firms. Total cost $6,000. A budget amendment is required as this is an unbudgeted expense. Staff recommends $6,000 from Contingency. Current Policy or Practice: Not budgeted, amendment needed Impact of Adopting Proposal: Review of Maywood future capital and operating costs Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget ____ No change to budget required X Expenditure not authorized in budget ____ Budget amendment required Fiscal Effect ("x" all that apply) ____ No fiscal effect X Creates new expenditure account ____ Creates new revenue account X Increases expenditures ____ Increases Revenues ____ Increases/decreases fund balance _______________ Fund Vote Required: ____ Majority X Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Acquiring another building will increase capital and operating costs. Expenditure/Revenue Changes: Budget Amendment No. 26-15 No Budget Amendment Required: ________ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object 100 51 51400 397 Outside Services 0 6,000 6,000 100 59 59000 900 Contingencies 653,250 6,000 657,250 Prepared By: Department: Administration Approved by: Marc Houtakker, Finance Director Date: 7/17/2026 Page 47 of 47