City Council Meeting

Agenda City Council Monona Public Library 1000 Nichols Road Monday, July 6, 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/81730460424. To attend via telephone conference, call 1-312-626-6799 and enter Meeting ID: 817 3046 0424. 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. June 15, 2026 D. Appearances E. Public Hearing F. Consent Agenda 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 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). 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). 2. New Business 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). Page 1 of 44 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) 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) d. Consideration of Ordinance 7-26-XXXX Amending Chapter 272 Regarding Fencing Requirements for Alcohol Establishments (City Attorney) 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* 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 7/2/26 Page 2 of 44 Monona City Council Minutes June 15, 2026 Call to Order The regular meeting of the Monona City Council was called to order by Mayor Moore at 7:00 PM. Roll Call and Pledge of Allegiance Present: Mayor Nancy Moore, Alderpersons Rick Bernstein, Patrick DePula, Brian Holmquist (zoom at 7:13pm), Teresa Radermacher, Doug Wood, Rachel Kugle Absent: None Also Present: Administrator Neil Stechschulte, City Attorney Bill Cole (at 7:36pm), Police Chief Brian Chaney (zoom), Fire Chief Jerry McMullen (zoom), Director of Planning & Community Development Doug Plowman, and City Clerk Christina Kahl. Others present were: Eliot Gore, Randy Kolinske, and Zach Dressler from Vierbicher (zoom), Jennifer Camp from JLA Architects, Peter Harmatuck (zoom) from JLA Architects, and Sean O'Brien (zoom) from Northpointe Development. Approval of Minutes C.1. June 1, 2026. Motion by Alder Wood, seconded by Alder DePula to approve the June 1, 2026 meeting minutes. Motion Passed. Appearances D.1. Proclamation Recognizing Pride Month. Mayor Moore stated the City began recognizing Pride month as of June 1st. She then read the proclamation. D.2. Proclamation Recognizing Juneteenth. Mayor Moore read the proclamation. There were no other appearances. Public Hearing There was no Public Hearing. Consent Agenda F.1. Consideration of Renewal Application for 2026/2027 Class "A" Fermented Malt Beverage and “Class A” Liquor License for Los Perez Monona LLC, 6005 DRAFT Page 3 of 44 Monona Drive (License Review Committee). F.2. Consideration of Renewal Application for 2026/2027 Class “B" Fermented Malt Beverage and “Class B” Liquor License for East Side Club Inc, DBA East Side Club, 3735 Monona Drive (License Review Committee). F.3. Consideration of Renewal Application for 2026/2027 Class “B” Fermented Malt Beverage and “Class C” Wine License for West Broadway Hotel Associates LLC, DBA Avid Hotel by IHG, 900 W. Broadway (License Review Committee). Motion by Alder Wood, seconded by Alder DePula to approve the consent agenda. Motion Passed. Council Action Items G.1. Unfinished Business G.1.a. Consideration of Resolution 26-6-2903 Approving the Plan Commission Recommendation for the West Broadway Phase I PIP by Galway Companies (Plan Commission). Director Plowman was in attendance and introduced this item. Alder Bernstein had some questions regarding the PIP to which Director Plowman addressed. Alder Bernstein and Adler Radermacher both inquired about the recycling of materials. Director Plowman stated that all recycling will be done as required. Alder Wood reviewed the road layout and asked who is responsible for the road. Director Plowman stated that the Public Works Committee is responsible for the general layout. Jennifer Camp from JLA Architects presented the building materials sample board to the Council. Randy Kolinske from Vierbicher offered clarification on the width of the bike/pedestrian path of 8 feet. Alder Wood recommended the width be more like 10– 12 feet wide. Mayor Moore inquired about the location of the utility boxes. Randy Kolinske from Vierbicher stated the location will be near the dumpster enclosure. Motion by Alder DePula, seconded by Alder Kugle to approve Phase I PIP. Motion Passed. Motion by Alder Wood, seconded by Alder Bernstein to amend the motion to add a recycling reporting requirement. Motion Passed. G.2. New Business Item G. 2. c. moved here, before item G. 2. a. G.2.a. Consideration of Resolution 26-6-2905 Authorizing Staff to Apply to the Assistance to Firefighters Grant Program for Replacement of Radios, AEDs and Cot (Fire Chief). Fire Chief McMullen was present via zoom and requested one read on this item due to the due date. Approval of this resolution would allow him to go ahead and apply for the grants. DRAFT Page 4 of 44 Motion by Alder Radermacher, seconded by Alder Wood to suspend the rules and take action. Motion Passed. Motion by Alder Kugle, seconded by Alder Wood to approve Resolution 26-6- 2905. Motion Passed. G.2.b. Consideration of Resolution 26-6-2904 Approval of a Certified Survey Map (CSM) to Reconfigure the Existing Lots, Dedicate Right-of-Way and Dedicate Two Outlots to the City – 5600 Gisholt Drive – 1709 W. Broadway (Plan Commission). Director Plowman introduced this item. The Plan Commission has approved this with conditions. Motion by Alder DePula, seconded by Alder Wood to suspend the rules and take action. Motion Passed. Motion by Alder DePula, seconded by Alder Wood to approve Resolution 26-6- 2904. Motion Passed. G.2.c. Consideration of Resolution 26-6-2906 Approval of a Certified Survey Map (CSM) to Adjust the Lot Lines Between Lot 3 of CSM 15061 and Lot 4 of CSM of 15061 – 1208 – 1212 E. Broadway (Public Works Committee). **This item moved ahead of G. 2. a.** Director Plowman introduced this item and requested one read. This has been reviewed by the Public Works Committee and will need to go before the Plan Commission. Motion by Alder Wood, seconded by Alder DePula to suspend the rules and take action. Motion Passed. Motion by Alder Kugle, seconded by Alder DePula to approve Resolution 26-6- 2906 pending Plan Commission approval. Motion Passed. G.2.d. 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 Lease). Motion by Alder Wood, seconded by Alder Radermacher to convene in Closed Session. On a roll call vote, members voted in favor of the motion. Motion Passed (7:56 PM). G.2.e. Reconvene in Open Session Under Wisconsin Statute Section 19.85(2). Motion by Alder Wood, seconded by Alder DePula to reconvene in Open Session. Motion Passed (8:29 PM). G.2.f. Possible Action on Items Arising out of Closed Session. DRAFT Page 5 of 44 Mayor Moore stated there was no action on this item. Some typos will be corrected, and this item will be back on the agenda for the next Council meeting. Reports of Committees, Commissions, Boards, Mayor, City Administrator, City Attorney, Department Managers, Sustainability Efforts, and Diversity, Equity, and Inclusion (DEI) Efforts. Alders, staff, City attorney, and Mayor Moore provided various reports and updates. Appointments There were no Appointments. Adjournment Motion by Alder DePula, seconded by Alder Wood to adjourn. Motion Passed (8:53 PM). DRAFT Page 6 of 44 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 7 of 44 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 8 of 44 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 9 of 44 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 10 of 44 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 11 of 44 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 12 of 44 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 13 of 44 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 14 of 44 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 15 of 44 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 16 of 44 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 17 of 44 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 18 of 44 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 19 of 44 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 20 of 44 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 21 of 44 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 22 of 44 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 23 of 44 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 24 of 44 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 25 of 44 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 26 of 44 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 27 of 44 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 28 of 44 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 29 of 44 City of Monona Policy and Fiscal Note Original or Update: Title: 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) Policy Analysis Statement: Brief Description of Proposal: Current Policy or Practice: Impact of Adopting Proposal: Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget _X_ No change to budget required ____ Expenditure not authorized in budget ____ Budget amendment required Fiscal Effect ("x" all that apply) __X_ No fiscal effect ____ Creates new expenditure account ____ Creates new revenue account ____ Increases expenditures ____ Increases Revenues ____ Increases/decreases fund balance _______________ Fund Vote Required: ____ Majority ____ Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Expenditure/Revenue Changes: Budget Amendment No. __________ No Budget Amendment Required: ___X_____ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object Prepared By: Department: Planning Approved by: Marc Houtakker, Finance Director Date: Page 30 of 44 Resolution No. 26-7-XXXX Monona Common Council APPROVAL OF MODIFICATIONS TO CONDITIONS OF APPROVAL FOR A CERTIFIED SURVEY MAP FOR THE GREENLINE DEVELOPMENT WHEREAS, the CSM for the Greenline development was previously approved by the Plan Commission and City Council, with the condition that design for the Broadway/WPS Drive intersection be finally approved by the Dane County Highway Department; and WHEREAS, the Developer needs to record a certified survey map (“CSM”) dividing the development parcel in order to pull building permits; and WHEREAS, formal approval from the Dane County Highway Department will not be attainable until final engineering designs are completed and submitted to the County for their approval; and WHEREAS, the Dane County Highway Department provided a communication and memorandum dated Monday June 29, 2026 stating their review of the traffic impact analysis was complete and that the Developer could proceed with the permitting process; and BE IT FURTHER RESOLVED that the Monona City Council hereby accepts the communication from the Dane County Highway Department dated Monday June 29, 2026 as meeting the CSM approval condition with the understanding that a formal approval of the roadway design by the Dane County Highway Department will remain a requirement of the project. Adopted this ___ day of July, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN __________________________ Nancy W. Moore Mayor ATTEST: __________________________ ______________ Christina M. Kahl City Clerk Approval recommended By: Director of Planning and Economic Development and City Attorney Council Action: Date Introduced: 7-6-26 Date Approved: _____ Page 31 of 44 POLICE DEPARTMENT COMMUNITY CENTER MONONA SENIOR CENTER FIRE DEPARTMENT 5211 Schluter Road 1011 Nichols Road 1011 Nichols Road 5211 Schluter Road 222-0463 222-4167 222-3415 222-2528 5211 SCHLUTER ROAD MONONA, WI 53716-2598 CITY HALL (608) 222-2525 FAX (608) 222-9225 http://www.mymonona.com July 1, 2026 To: Monona City Council From: William S. Cole, City Attorney Douglas Plowman, Director of Planning and Economic Development RE: Request for Modifications of Approval of Certified Survey Map for Greenline Development Galway Companies is developing a portion of the WPS property as the Greenline development project. In order to pull building permits they need to record a certified survey map (“CSM”) dividing the development parcel. The CSM was previously approved by the Plan Commission and City Council, with the condition that design for the Broadway/WPS Drive intersection be finally approved by the County, since Broadway is a county highway under county jurisdiction. The Developer will not receive “final” approval until the construction drawings are prepared and submitted. The design plans have been submitted and approved by the Public Works Committee. The Developer has submitted to the City a letter form the Dane County Highway Department approving the design plans and advising the Developer it may proceed with permitting; however, “final” approval will not come until final designs are submitted. The Developer requests modification of the CSM approval condition to permit the Highway Department letter approval to satisfy the requirement for “final” approval. Staff Recommendation: City Staff has no objection to the request. The proposed development agreement for this project will require the Developer to pay the costs of realigning this intersection, but that it will receive reimbursement from the City for road and utility costs up to a maximum of $2.5 million. The Developer’s costs are anticipated to exceed $2.5 million. As such, if the County were to require additional work on the intersection it would be at the developer’s expense. Representatives for the Applicant, and City Staff will attend the Council meetings to discuss the request and answer any questions that may arise. Page 32 of 44 DANE COUNTY HIGHWAY and TRANSPORTATION County Executive 2302 Fish Hatchery Road  Madison, Wisconsin 53713-2495 Commissioner / Director Melissa Agard Phone: (608) 266-4261  FAX: (608) 266-4269 Clement Abongwa https://www.danecounty.gov/ DATE: June 29, 2026 TO: Don Lee – TADI FROM: Charlene Schmid – Dane County Highway CC: Clement Abongwa - Dane County Highway Neil Stechschulte – City of Monona Brian Rice – Dane County Highway Daniel Stephany – City of Monona Kevin Eslick – Dane County Highway Douglas Plowman – City of Monona Josh Straka – Strand (City Engineer) Steve Doran – Galway Companies Jon Solan – Strand (City Engineer) Andrew Mears - Vierbicher SUBJECT: Monona Village Development Traffic Review CTH BW/West Broadway at WPS Drive City of Monona This memo serves as notification that Dane County has completed the review of the Monona Village Development TIA (dated April 27, 2026 and May 27, 2026), submitted by TADI, Inc. for Vierbicher for the site located along the south side of CTH BW/West Broadway at the WPS Drive intersection, in the City of Monona. The following are Dane County’s final determinations for proceeding with design and permitting: 1. Proposed access/intersection recommendations: a) CTH BW/West Broadway at WPS Drive i. Reconstruct the raised median to move the proposed road approximately 150-feet to the west, to allow the development site to provide a public park space. ii. Relocate the existing traffic signals to the new drive location. iii. Update traffic signal timings and offsets. iv. Provide a dedicated right-turn lane on the west approach. v. Provide a dedicated left-turn lane on the east approach. vi. Provide a single shared turn lane on the south approach. 2. Proposed multi-modal accommodations: i. Retain on-street bike lane with proposed dedicated right-turn lane on the west approach 3. Should any pavement along CTH BW be impacted, new pavement shall be installed along the entire roadway wherever repairs are needed or where improvements are recommended. Patchwork into existing pavement is not acceptable. 4. Dane County shall review and approve final access, intersection, and/or multi-modal accommodation layout designs. Page 33 of 44 5. All public improvements shall be fully constructed prior to public opening or occupancy. 6. Developer shall provide As-Built plans to Dane County upon construction completion. 7. Final determinations are based on the current design and layout shown in Exhibit 2-2A of the May 27, 2026 TIA submittal. Any revisions to this design shall be communicated to WisDOT, City of Monona, City of Madison, and Dane County and are subject to additional review. The developer may now proceed with the permitting process via https://highway.danecounty.gov/permits Page 34 of 44 City of Monona Policy and Fiscal Note Original or Update: Title: 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) Policy Analysis Statement: Brief Description of Proposal: Current Policy or Practice: Impact of Adopting Proposal: Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget ____ No change to budget required ____ 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 ____ Increases expenditures ____ Increases Revenues ____ Increases/decreases fund balance _______________ Fund Vote Required: ____ Majority ____ Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Expenditure/Revenue Changes: Budget Amendment No. __________ No Budget Amendment Required: ___X_____ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object Prepared By: Department: Legal Approved by: Marc Houtakker, Finance Director Date: Page 35 of 44 Verizon Wireless Site Name: Monona WT Verizon Wireless MDG #: 5000094459 Verizon Wireless Contract #: 25216 FIFTH AMENDMENT TO WATER TOWER/LAND LEASE AGREEMENT Between the City of Monona and Cellco Partnership d/b/a Verizon Wireless THIS FIFTH AMENDMENT to Water Tower/Land Lease Agreement (" Fifth Amendment") is entered into as of the last date of signature below, by and between the City of Monona, a Wisconsin municipal corporation (“Monona”), as Lessor and Cellco Partnership d/b/a Verizon Wireless successor -in-interest to Verizon Wireless Personal Communications LP , as Lessee, with an address at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Verizon Wireless”). WHEREAS, Monona and Verizon Wireless previously entered into a Water Tower/Land Lease Agreement dated May 15, 1997, an Amendment to the Water Tower/Land Lease Agreement dated May 20, 1997 (“First Amendment ”), and a Second Amendment to Water Tower/Land Lease Agreement dated November 21, 2008 (“Second Amendment”) , and a Third Amendment to Water Tower/Land Lease Agreement dated November 18, 2013 (“Third Amendment”), and a Fourth Amendment to Water Tower/Land Lease Agreement dated May 19, 2025 (the “ Fourth Amendment”) (collectively herein, the "Lease"), all of which are hereby incorporated by reference; WHEREAS, pursuant to the Lease, V erizon Wireless leases space on a municipal water tower (“Tower”) and on a portion of space on real property upon which the Tower is located (“Leased Premises”) owned by Monona located at 5900 Monona Drive, Monona, WI (the “Property”) for the installation, operation and maintenance of its communications facility; WHEREAS, the parties desire to extend the term of the Lease and to amend the rate at which the rent increases annually. NOW, THEREFORE, in consideration of the promises hereinafter made and other good and valuable consideration, the receipt of which is hereby acknowledged, Monona and Verizon Wireless agree to the following: 1. Commencing May 15, 2027, the parties agree that the Lease shall be extended for four (4), 5-year terms. 2. On May 15, 2027, and each year thereafter, the annual rental shall be increased by three percent (3%). 3. All defined terms referenced in this Fifth Amendment shall have the same meaning as stated and defined in the Lease. 4. All other terms, conditions and obligations of the Lease shall remain in full force and effect and as stated therein, except as specifically amended in this Fifth Amendment. Docusign Envelope ID: 2109E1C0-71B3-8891-80B4-24D4D916FED8 Page 36 of 44 5. The provisions of this Fifth Amendment shall be neutrally interpreted and not construed more strictly for or against any party because that party’s attorney drafted this Fifth Amendment or any part hereof. IN WITNESS WHEREOF, the parties have executed in duplicate this Fifth Amendment effective as of the last date of signature below. LESSOR: CITY OF MONONA By:_________________________________ Nancy Moore, Mayor Date By:_________________________________ Christina Kahl, City Clerk Date LESSEE: CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS By: _________________________________ Date Name: Its: DRAFTED BY: William S. Cole, City Attorney Docusign Envelope ID: 2109E1C0-71B3-8891-80B4-24D4D916FED8 Jun 26, 2026 Jacque Vallier AVP - Network Engineering Page 37 of 44 Resolution No. 26-7-XXXX Monona Common Council APPROVAL OF AN AMENDMENT TO THE WATER TOWER/LAND LEASE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS WHEREAS, Verizon Wireless leases space on City of Monona’s water tower and on the property upon which the Tower is located at 5900 Monona Drive, Monona, WI for the installation, operation and maintenance of its communications facility; and WHEREAS, Verizon Wireless and the City of Monona desire to extend the term of the Lease and to amend the rate at which the rent increases annually; and WHEREAS, the proposed amendment was drafted and reviewed by the City Attorney; and BE IT FURTHER RESOLVED that the Monona City Council approves the fifth amendment to the Water Tower/Land Lease Agreement. Adopted this ___ day of July, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN __________________________ Nancy W. Moore Mayor ATTEST: __________________________ ______________ Christina M. Kahl City Clerk Approval recommended By: City Attorney Council Action: Date Introduced: 7-6-26 Date Approved: _____ Page 38 of 44 City of Monona Policy and Fiscal Note Original or Update: Title: Consideration of Ordinance 7-26-XXXX Amending Chapter 272 Regarding Fencing Requirements for Alcohol Establishments (City Attorney) Policy Analysis Statement: Brief Description of Proposal: Current Policy or Practice: Impact of Adopting Proposal: Fiscal Estimate: Budget Effect ____ Expenditure authorized in budget ____ No change to budget required ____ 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 ____ Increases expenditures ____ Increases Revenues ____ Increases/decreases fund balance _______________ Fund Vote Required: ____ Majority ____ Two-Thirds Narrative/assumptions About Long Range Fiscal Effect: Expenditure/Revenue Changes: Budget Amendment No. __________ No Budget Amendment Required: ________ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object Prepared By: Department: Administration Approved by: Marc Houtakker, Finance Director Date: Page 39 of 44 Ordinance No. 2-17-XXXX Monona Common Council AMENDING CHAPTER 272 REGARDING FENCING REQUIREMENTS FOR ALCOHOL ESTABLISHMENTS WHEREAS, the Common Council finds it in the pubic 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: _______________________________________ Christine 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: Date Approved Page 40 of 44 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 and provides. … § 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 41 of 44 City of Monona Policy and Fiscal Note Original or Update: Original Title: 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* Policy Analysis Statement: Brief Description of Proposal: City Staff is requesting a budget amendment for $20,000 for the preparation of concept designs and related professional services for the new public space associated with the Green Line/Monona Village development. This is not an allowable TIF expenditure. Staff recommends using Capital Fund Balance. Current Policy or Practice: This will be new. Impact of Adopting Proposal: 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 __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- 10_____ No Budget Amendment Required: ________ Account Number Account Name Budget Prior to Change Debit Credit Amended Budget Fund CC Account Object 400 57 57620 923 0 30,000 30,000 400 49 49000 000 Capital Fund Balance 0 30,000 30,000 Prepared By: Department: Parks and Recreation Page 42 of 44 Approved by: Marc Houtakker, Finance Director Date: 7/2/2026 Page 43 of 44 Resolution No. 26-7-XXXX Monona Common Council CAPITAL BUDGET AMENDMENT FOR CONCEPTUAL DESIGN SERVICES FOR A NEW PUBLIC SPACE WITHIN THE GREENLINE DEVELOPMENT WHEREAS, the Monona Green Line mixed-use redevelopment project includes the creation of a central public square intended to serve as a community gathering place and amenity for residents and visitors; and WHEREAS, the City of Monona desires to proactively plan for the design, programming, and long-term use of this future public space to ensure it reflects community values and complements the surrounding development; and WHEREAS, the preparation of conceptual design alternatives will assist the Common Council, residents, and stakeholders in evaluating potential park features, amenities, and programming opportunities BE IT FURTHER RESOLVED that the 2026 Budget is hereby amended to appropriate an amount not to exceed Twenty Thousand Dollars ($20,000) from the Capital Reserve Fund for the preparation of concept designs and related professional services for the new public space associated with the Green Line/Monona Village development. The City Administrator and appropriate staff are authorized to engage qualified planning, landscape architecture, or design consultants, consistent with the City's purchasing policies, to prepare conceptual design alternatives and associated cost estimates. Adopted this ___ day of July, 2026. BY ORDER OF THE CITY COUNCIL CITY OF MONONA, WISCONSIN __________________________ Nancy W. Moore Mayor ATTEST: __________________________ ______________ Christina M. Kahl City Clerk Approval recommended by: Director of Parks & Recreation Council Action: Date Introduced: 7-6-26 Date Approved: ____ Page 44 of 44