Special Common Council Meeting — Agenda Packet

A Quorum of the Administration Committee, Board of Public Works, Personnel Committee, Plan Commission, Redevelopment Authority, and other City bodies may attend this meeting, though no official action of these bodies will be taken. COMMON COUNCIL (SPECIAL) MEETING AGENDA Monday, May 4, 2026 at 6:00 PM First Floor Conference Rooms 100 Main Street, Menasha, WI A. Call to Order B. Pledge of Allegiance C. Roll Call D. Public Hearing E. Public Comments on Any Matter of Concern to the City (5 minute time limit for each person) F. Report of Department Officers/Department Heads/Staff/Consultants Clerk Snyder - the following minutes and communications have been received and placed on file: 1. Presentations: 2. Minutes to Receive: a. Special Parks & Recreation Board, 4/27/26 3. Communications: G. Consent Agenda (Prior to voting on the Consent Agenda, items on the Consent Agenda may be removed at the request of any Alderman and place immediately following action on the Consent Agenda. The procedures to follow for the Consent Agenda are: (a) removal of items from Consent Agenda; and (b) motion to approve the items from Consent Agenda.) 1. Special Board of Public Works, 5/4/26, Recommends Approval of: a. Street Use Application — Fox Cities Marathon; Sunday, September 20, 2026; 3 AM - 2 PM; Community First Credit Union 2. Special Parks & Recreation Board, 4/27/26, Recommends Approval of: a. Athletic Facility Rental Form Fee Update-2026 and 2027 Jefferson Park Softball Field Promotional Fee b. Memorandum of Understanding (MOU) by and between Fox Valley Athletics (FVA) and the City of Menasha for 2026-2028 Page 1 of 45 H. Items Removed from the Consent Agenda I. Action Items 1. Class "B" (Beer) Alcohol License Application from Menasha Athletic Association; Thomas Konetzke, Agent; Koslo Park Concessions (1200 Geneva Road, Menasha), Premises 2. El Palenque Mexican Gastropub Outdoor Alcoholic Beverage Service Permit Application for the 2025-2026 Licensing Term (May 5, 2026 – June 30, 2026) J. Held Over Business K. Ordinances and Resolutions L. Appointments M. Claims Against the City N. Public Comments on Any Matter Listed on the Agenda (5 minute time limit for each person) O. Adjournment MEETING NOTICE Tuesday May 5, 2026 Common Council Meeting – 6:00 PM Committee Meetings to Follow "Menasha is committed to its diverse population. Our Non-English speaking population and those with disabilities are invited to contact the Menasha City Clerk at 967-3603 24-hours in advance of the meeting for the City to arrange special accommodations." Page 2 of 45 CITY OF MENASHA Special Parks and Recreation Board Menasha Senior Center (116 Main St., Menasha) April 27, 2026 MINUTES A. CALL TO ORDER The meeting was called to order by Chr. Dick Sturm at 5:05pm. B. ROLL CALL/EXCUSED ABSENCES MEMBERS PRESENT: Chr. Dick Sturm, Vice Chair Brian Adesso, Ald. Ted Grade, Danielle Rand MEMBERS ABSENT: Eli Wickman, Tommy Webster, Melissa Grade OTHERS PRESENT: PRD Megan Sackett C. PUBLIC COMMENT/CORRESPONDENCE None D. MINUTES TO APPROVE None E. DISCUSSION / ACTION ITEMS 1. Athletic Facility Rental Form Fee Update: 2026 and 2027 Jefferson Park Softball Field Promotional: Dir. Sackett gave an update on the final enhancements left to complete, noting the field is playable. She also noted with the combination of a new facility and outstanding enhancements to be completed, staff is recommending a promotional rate to encourage usage. Motion made by T. Grade, seconded by D. Rand Park Board for recommendation to the Common Council for approval of the Athletic Facility Rental Form Fee Update – 2026 and 2027 Jefferson Park Field Promotional Fee. Motion carried. 2. Memorandum of Understanding (MOU) by and between Fox Valley Athletics (FVA) and the City of Menasha for 2026-2028: Dir. Sackett gave some background on the partnership with FVA and an update on the status of the registration for the adult softball program through FVA. Dir. Sackett noted a combined league with a discounted rental rate is being offered to aid in rebuilding the program and offset costs. Motion by B. Adesso seconded by T. Grade Park Board recommendation to Common Council for approval of the MOU with Fox Valley Athletics for the term of 2026-2028. Motion carried. F. REPORT OF DEPARTMENT HEAD / STAFF 1. Department Report: Director Sackett gave an update on the progress of the capital campaign planning study. G. PUBLIC COMMENT ON ANY MATTER LISTED ON THE AGENDA None H. ADJOURNMENT Motion by D. Rand, seconded by B. Adesso to adjourn at 5:20pm. Motion carried. Page 3 of 45 PARK BOARD REGULAR MEETING NOTICE Tuesday, May 12, 2026 City Hall (100 Main St., Rm 133) – 5:30 pm Page 4 of 45 Page 5 of 45 Page 6 of 45 Page 7 of 45 Page 8 of 45 Page 9 of 45 Page 10 of 45 Page 11 of 45 Page 12 of 45 Page 13 of 45 Page 14 of 45 Page 15 of 45 Page 16 of 45 Page 17 of 45 City of Menasha ● Department of Parks, Recreation, Forestry and Cemeteries 100 Main Street ● Menasha, Wisconsin 54952-3151 ● Phone (920) 967-3640 ● Fax (920) 967-5272 www.menashawi.gov M E M O R A N D U M To: Common Council From: Megan Sackett, Parks & Recreation Director/ms Date: April 24, 2026 RE: Athletic Facility Rental Form Fee Update – 2026 and 2027 Jefferson Park Softball Field Promotional Fee As with many new recreational amenities, early usage patterns can vary and play a critical role in shaping long-term success. Offering a reduced introductory or promotional rate will incentivize local organizations, teams, and event coordinators to experience the facility firsthand, with the goal of building a consistent user base and encouraging repeat bookings. While the field is fully playable, several planned improvements are still forthcoming, including the installation of a scoreboard, addition of a warning track, resolution of drainage issues behind home plate, increased turf growth, etc. Implementing a promotional rate during this initial period reflects the current status of the facility while also encouraging early usage. Increased usage during this time will help establish the softball diamond as a reliable and well- utilized community asset, positioning it for sustained success as enhancements are completed. Recommendation Park Board recommends to the Common Council for approval of the Athletic Facility Rental Form Fee Update – 2026 and 2027 Jefferson Park Field Promotional Fee. Page 18 of 45 A team schedule may be submitted with this form for multiple date reservations. Date of Event: Type of Event: Time of Event: to Park hours are 6:00am-11:00pm Company/Organization (if applicable): Person in Charge: Daytime/Cell Phone#: Street Address: City: State: Zip: Contact email address: Any Event Notes/Requests? The following FACILITY will be included in the rental agreement (please check): HOLD HARMLESS AGREEMENT I agree to abide by the rules set by Menasha Parks and Recreation Department and to save and hold harmless the City of Menasha from any claim for damage or injury arising out of our activities in connection with the date of this event. I further understand this agreement to indemnify all liability of the City of Menasha to include costs of defense and attorneys’ fees and/or damage or injury caused in part by the City’s negligence, unless I demonstrate by clear and convincing evidence that such dama ge or injury was caused solely by the City’s negligence. I agree to pay for all damages to park property or grounds beyond what the Department determines to be normal wear and tear. I further agree that I will ensure compliance with all rules, regulations, or ordinances applicable to the use of City of Menasha parks and choose not to negotiate any terms of this agreement. Signature: Date: FACILITY Reservation Fee Field Preparation Fee Annual Deposit Baseball & Softball Fields  Koslo Hardball  Clovis Grove Softball  Jefferson Softball  Koslo Softball $50.00 (with or without lights) $15.00 (no lights available) $25.00 $12.50 (with or without lights) (promotional rate for 2026/2027) $15.00 (no lights available) $25.00 $15.00 $25.00 $12.50 (promotional rate for 2026/2027) $15.00 $100 per league $100 per league $100 per league $100 per league The deposit must be paid at the time of the reservation and will be retained for violation of any of the established policies and procedures, for damage to the field or for failure to properly clean the area. This deposit will be returned when the keys are brought b ack to our office. Multi-purpose Fields (i.e. Football/Soccer)  Clovis Grove $25.00/3 hrs (for football or soccer) $250.00 n/a Basketball Courts $10/hour per court or $50/day per court (may only be reserved for special event or league play)  Hart  Jefferson Pickleball Courts $10/hour per court or $50/day per court (may only be reserved for special event or league play)  Barker Farm  Tungate Courts Tennis Courts $10/hour per court or $50/day per court (may only be reserved for special event or league play)  Barker Farm  Clovis Grove  Smith Park BEER/WINE PERMIT (Fermented malt beverages allowed only at Barker Farm, Jefferson and Koslo) Sale of Fermented Malt Beverages Requires a Temporary Class "B" License in Addition to this Permit (See City Clerk) The below named assumes responsibility for exercising control over attendees’ behavior at the event. This person or designee must be present for the duration of the event. The Menasha Police Department will contact the permittee if any problem arises. UNRULY/ILLEGAL GROUP BEHAVIOR WILL JEOPARDIZE FUTURE RESERVATION PRIVILEGES. This permit allows beer and wine only. No hard liquor or glass containers. Permittee Name: (print) DOB: Area that beer and/or wine can be consumed: Signature: ATHLETIC FACILITY RESERVATION FORM M enasha Parks and R ecreation Department 100 M ai n S treet, S ui te 200  M enasha, W I 54952-3190 ( 920) 967-3640  O f f i ce H ours 8: 00am-4: 00pm; M onday-Friday Page 19 of 45 RENTAL POLICIES The City of Menasha provides outdoor recreation fields for the use and enjoyment of the citizens of Menasha. These policies are designed to be used by the Parks & Recreation Department when reviewing requests for the use of these facilities. PERSONAL/INDIVIDUAL FIELD USE: Individuals wishing to use the public recreation fields under the jurisdiction of the City may do so at their leisure on a first-come, first-serve basis, provided the fields have not been previously reserved by another party. GROUP/TEAM USE AND RESERVATIONS: All organized groups shall reserve a field/court before utilizing City of Menasha facilities. An organized group is any group that consists of 10 or more people. To guarantee facility availability and for exclusive use, unorganized groups (groups of less than 10 people) must reserve the facility they wish to use. Groups and teams wishing to utilize the recreation fields on an on-going basis may do so with prior scheduling approval from the Parks & Recreation Department. FACILITY USE REQUESTS 1. An Athletic Facility Reservation form must be completed. The form is available at Menasha City Hall or online at www.menashawi.gov. 2. Reservations will be accepted starting the first working day in January. 3. Make sure that all dates, times and field preparation needs are listed on the reservation form. Game use will have top priority with practices being secondary. 4. The reservation fee paid will provide exclusive use of the field for a three (3) four (4) hour block of time (excluding the hardball diamond at Koslo Park) and is charged whether the use is for a game or practice. 5. The hardball diamond at Koslo Park usage fee paid will provide exclusive use of the field for a five (5) hour block of time and is charged whether the use is for a game or practice. 6. No reservations for athletic fields will be issued for use prior to March 15. 7. If an official WIAA high school game extends into a reserved practice time, the game will be allowed to be played to completion. Upon completion of the game, teams will be required to vacate the field to allow immediate use of the field. 8. All reservations will be given priority over walk-on use. 9. Groups/teams using the athletic/recreation fields must comply with all City Ordinances and Park Regulations. 10. No field reservations will be allowed after September 30. WEATHER CANCELLATIONS: City staff will determine whether the field conditions allow for the field to be used. Following the start of field use it is the responsibility of the organization scheduled for the field to make the decision as to whether field conditions allow the game to continue. If continued use of the field in inclement conditions creates excessive wear or damage to the fields or facilities, the Parks & Recreation Department may invoice the organization for the repair costs. Failure to compensate the Parks & Recreation Department for any invoiced charges will result in the loss of field use privileges. Rain cancellations may be rescheduled at no additional cost, but they will not be refunded. Games will be rescheduled on a space available basis. LEVELS OF MAINTENANCE • The City is responsible for mowing all fields. • The City is responsible for aerating, over-seeding and weed control. • The field reservation fee includes mowing the grass and dragging the diamonds as needed. The field preparation fee includes moving the bases to the desired field dimensions, raking and lining the diamonds. • Grooming and lining baseball/softball fields to be done by City of Menasha crews only to prevent damage to the infrastructure including base pegs, bases and fields, unless authorized and trained by City of Menasha staff. • Absolutely no non-City vehicles of any type are permitted on the fields. INSPECTION OF FIELDS AND SITE AMENITIES PRIOR TO USE: Upon arrival at each facility, the permit holder is responsible for inspecting the site for unsafe conditions, which may be caused by vandalism, severe weather conditions or prior use. If the facility is not suitable for use and an emergency repair is needed, the permit holder should not use the site and should contact City Staff. FOR LEAGUES AND TOURNAMENTS : Any league that plays at a city facility must fill out a Reservation Form and submit a certificate of insurance as described below. The insurance must be submitted before the start of league play. Send the league schedule to MPRD as soon as possible. The City reserves the right to make schedule changes (with user input) as needed to accommodate all users. A complete tournament schedule must be submitted to MPRD office two weeks prior to event. A tournament representative must contact the MPRD one week prior to the tournament to confirm field use and grooming plans. Park staff will groom the fields before the tournament begins Monday -Friday. Tournament organizers are responsible for further grooming. All methods of grooming, especially on wet fields, must be pre-approved by the Parks Department. CONSUMING ALCOHOLIC BEVERAGES: Fermented malt beverages and wine may be consumed only in Barker Farm Park, Jefferson Park, and Koslo Park. Glass bottles/containers are not allowed in any city park. Before beer or wine can be consumed or dispensed, a permit must be obtained from the MPRD office. The permit fee is $5 per day. Alcoholic beverages may only be consumed in the area clearly defined on the permit. CERTIFICATE OF INSURANCE with ENDORSEMENT: Any event that is open to the public must have a certificate of insurance and endorsement on file with the Parks and Recreation Department 30 days prior to the event. This insurance must be primary. The City of Menasha must be named as additional insured on both the Certificate of Insurance and the Endorsement. Organizations planning multi-day events or selling fermented malt beverages/wine at the event also must appear before the Parks and Recreation Board two months prior to the event. SELLING ALCOHOLIC BEVERAGES (fermented malt beverages or wine only) : A temporary "Class B" license is required and must be on file with the City Clerk at least 15 days prior to Common Council approval. Parks and Recreation Board approval is also needed two months prior to the event. Before obtaining a license, a Certificate of Insurance naming the City as an additional insured (plus endorsement) must be submitted. HANGING SIGNS, BANNERS, TARPS, ETC.: No sign, banner, poster, tarp, etc. can be adhered to the exterior of any park building or structure. Any decorations used must be held in place with adhesive putty (no tape, staples, tacks, or nails are permitted) and must be removed after your event. AMPLIFIED SOUND SYSTEM: Voice or music amplifying equipment must be controlled so that sound is not objectionable beyond the confines of the park. Note that a strong wind and its direction will cause sound to carry further and may become objectionable to neighbors. Violators will be warned and/or cited by the Menasha Police Department. Page 20 of 45 City of Menasha ● Department of Parks, Recreation, Forestry and Cemeteries 100 Main Street ● Menasha, Wisconsin 54952-3151 ● Phone (920) 967-3640 ● Fax (920) 967-5272 www.menashawi.gov M E M O R A N D U M To: Common Council From: Megan Sackett, Parks & Recreation Director/ms Date: April 29, 2026 RE: Memorandum of Understanding (MOU) by and between Fox Valley Athletics (FVA) and the City of Menasha for 2026-2028 Adult Softball has been a long-standing tradition in Menasha and recently the Park Board and the Common Council have made a commitment to continuing this tradition with the development of the new softball diamond in Jefferson Park. With the exception of last summer when the softball diamond was under construction, the City has worked with Eric Schaefer of Fox Valley Athletics (FVA) since 2020 to administer the annual Adult Summer Softball Program and looks to continue this partnership. FVA started over ten years ago and quickly turned into one of the most successful softball/kickball organizations in the Midwest. Contrary to national enrollment, which has seen a decline over the last decade, FVA has grown in each of the past ten years. In addition to the Menasha program, FVA also coordinates the Adult Softball programs for the City of Appleton at Memorial Park, the City of Sheboygan at Wildwood Complex and at Willie Beamon’s in Neenah. FVA has demonstrated the passion, dedication, network and expertise to develop and grow an adult softball program. Over the last several years, Menasha has hosted a Sunday night Co-ed league and a Thursday night Men’s league. In 2024, prior to the construction, Jefferson hosted 5 teams on Sunday nights with as many as 12 teams at one point. Thursday nights had 7 teams in 2024 with as many as 17 teams in years prior. In 2026, we had just 2 teams register for Sundays and 4 teams for Thursdays. In an effort to rebuild the softball program in Menasha, FVA has offered to run a combined league with teams from Willie Beamon’s with teams playing at both locations throughout the season. With this usage of two facilities comes increased costs to FVA for insurance, rental fees, staffing costs, etc. The Page 21 of 45 City of Menasha recognizes these increased costs and sacrifices FVA is making to aid in rebuilding the Menasha softball program. Because of that, staff is recommending the discounted promotional rate for use of Jefferson Softball Diamond as reflected in this MOU. To further the development and growth of the adult softball program in Menasha, staff is looking to enter into a long-term agreement with FVA. With the combination of the dedication and expertise of FVA and the investment into the facilities, staff sees the opportunity for further growth of the program and believes the best option for success is with FVA maintaining leadership of the program. This 3-year agreement will solidify our partnership with FVA to cooperatively work to rebuild adult softball in Menasha. Recommendation Park Board recommends to Common Council for approval of the Memorandum of Understanding (MOU) by and between Fox Valley Athletics and the City of Menasha for the term of 2026-2028. Page 22 of 45 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter, “MOU”) is entered into by and between Fox Valley Athletics (hereinafter, “FVA”) and the City of Menasha (hereinafter, “City”), on behalf of the City of Menasha Parks and Recreation Department (hereinafter, “MPRD”) for adult softball league administration and oversight services. 1. MPRD is a Department of the City of Menasha, a municipal entity located at 100 Main St., Menasha, WI 54952, that is responsible for managing and maintaining parks, public spaces, and recreational facilities within the City while also coordinating recreational events and programs benefitting the community. 2. Fox Valley Athletics, LLC (hereinafter, “FVA”) is a Wisconsin limited liability company that administers adult recreational leagues in the Fox Valley area, with administrative offices at 1139 Honeycreek Circle, Oshkosh, WI 54904 and states itself to be an independent contractor under the Internal Revenue Code. A. PURPOSE The MPRD and FVA mutually agree that the Summer (May – August) Adult Softball Leagues (hereinafter, “Program”) would benefit from FVA’s management of the Program that promotes a positive spirit of the game and a family friendly atmosphere. This MOU outlines the Parties’ understanding of their responsibilities regarding the Program. B. TERM The term of this MOU shall be from May 1 to September 1 (hereafter Seasonal Use period) for the calendar years of 2026 through 2028. This MOU may be extended by mutual agreement in writing between the City and FVA. In the event either party wishes to opt-out of this MOU, written notification must be given by December 31 st of the year preceding the upcoming season. C. ROLES, RESPONSIBILITIES AND COMPENSATION FVA’s responsibilities: 1. Establish the structure of the Program including but not limited to, the various leagues in the Program, the number of teams in each league, season length, game schedules and make-up schedules. 2. Provide Program marketing through the FVA’s website, social media, etc. 3. Recruit, hire, train, schedule and oversee all Program staff to carry out all terms of this MOU. 4. Establish or revise Program rules as needed. 3. Develop and distribute team registration and other Program information to new and returning teams. 4. Register all teams and collect team/player fees as established by FVA. 5. Oversee and manage the day-to-day duties required to maintain a successful Program that include, but are not limited to the following duties: • Regularly communicate with team managers/players. Page 23 of 45 • Conduct pre-season meetings. • Manage player and spectator issues. • Enforce league rules. • Provide bat stickers. • Coordinate end of season awards. • Maintain league standings 6. Communicate any/all field maintenance issues to the MPRD on a timely basis. 7. Provide Annual Report: FVA shall provide an annual report to the MPRD Director (or Department Designee) by December 31 of each year that includes, but is not necessarily limited to, a summary of programs offered, tournaments held, number of teams per program, summary of significant events and recommendations for future years. 8. Insurance Requirements: a. Provide a Certificate of Insurance in the following minimum amounts: Comprehensive General Liability Bodily Injury - $300,000 per person; $300,000 each occurrence Property Damage - $300,000 each occurrence; $300,000 aggregate or $300,000 single limit Workers Compensation Statutory, with $100,000 Employer’s Liability Umbrella, $1,000,000 or liability limits listed above of at least $1,000,000 b. FVA shall supply the City with a Certificate of Insurance and Endorsement naming the City, its officers, council members, agents, authorized volunteers and employees, as an additional insured’s and providing that the insurance policies cannot be canceled or materially altered without providing the City at least 30 days’ notice of such proposed cancellation or alteration. It is hereby agreed and understood that the insurance by the City of Menasha is primary coverage and that any insurance or self- insurance maintained by the City of Menasha, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing the Program and remain in force until the Program has ended. The City’s Responsibilities: 1. Assist with the distribution of team registration and other Program information to prospective teams. 2. Maintain all fields including all support amenities such as restrooms, scoreboards, bleachers, bases, chalk, field drying material, etc. 3. Provide all electrical utilities to the fields. 4. Manage any rentals/use of the fields by non-Program users. Compensation: As partial consideration for this MOU, FVA agrees to pay the City the daily field reservation fee and field preparation fee based on the number of days scheduled during the term of the MOU. 2026: $25/day 2027: $25/day 2028: $50/day Annual deposit of $100 (can be rolled over each year) Payment shall be made to the City by September 15 of each year. An invoice will be provided based on schedule provided. Rainouts can be made up without additional fee incurred. Page 24 of 45 D. PERSONNEL FVA shall employ, at no cost to the City, a sufficient number of qualified personnel to ensure efficient performance of the various duties set forth in this MOU. FVA’s staff shall be adequately trained and attired in a manner consistent with generally accepted customer service and community standards: 1. FVA shall be solely responsible for the salaries, benefits, tax withholding, Social Security and any other payroll deductions related to its employees. FVA shall clearly establish with its employees that, while they will be working within a City facility, they are its employees and not employed by the City and no actions shall be taken or representations made, to create an employment relationship between said FVA employees and the City. 2. FVA shall maintain and provide proof that it maintains a current Worker’s Compensation policy covering its employees, with statutory minimum limits. 3. Non – discrimination – Contractor’s Hiring practices: FVA agrees to abide by hiring practices that shall not in any fashion discriminate against any individual because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political benefits, or student status. E. ADDITIONAL TERMS 1. Facility Terms a. Facility Use: FVA shall have the right to use the Jefferson Park Softball Diamond (hereinafter, “facility”) for the Program between 4:00 p.m. and 11:00 p.m. Sundays and Thursdays during the term of this MOU. FVA shall schedule times for use as soon as practicable and shall coordinate said scheduling with the City in order to avoid conflicts with other uses scheduled by the City. Additional Program nights may be added as long as they are coordinated with the City and fit within the terms of this MOU. b. Field Closures: The City reserves the right to close the facility due to rain or other weather events. FVA shall cooperate with the City to ensure that the facility is operated in a manner that benefits both the FVA and the City. The City shall have the sole authority to determine when the facility may be opened or closed due to field conditions. However, if a City representative cannot be reached, and it is reasonably evident that the use of the diamonds may damage the facility based on current field conditions, FVA shall not offer the use of such facility until field conditions improve. Notwithstanding the above, the FVA is expressly authorized to close the facility when presented with an imminent weather danger or other emergency. Page 25 of 45 c. Facility Expenses: FVA shall, on an annual basis during the term of this MOU, prior to yearend of each calendar year, reimburse or pay all non-insured expenses for repair or replacement to the facility, bleachers, scoreboards and any other City items or equipment, arising from FVA’s negligent use during the term of the MOU, normal wear and tear excepted. The City shall be responsible for structural and equipment repair and maintenance for the facility. d. Facility Improvements: Nothing in this MOU shall limit FVA from cooperating with the City in caring for, maintaining, supervising, and/or constructing improvements in furtherance of this MOU. FVA shall make no alteration, addition, or improvement to the facility without the advance consent and approval of the City. 2. Use of City Logo: It is understood that in operation of this MOU, the City does not grant FVA the right to use the City trade name, trademark, service mark, logotype, advertising, or other commercial symbol without the advance consent and approval of the City. 3. Non-discrimination/Daily Operations: FVA and employees thereof, while engaged in delivering any services pursuant to this MOU, shall not in any fashion discriminate against any individual because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political benefits, or student status. 4. MOU Transfer/Assignment Prohibited: FVA shall have no right to assign any of the rights or benefits under this MOU without prior written consent of the City. 5. Non-Appropriation: In the event of Non-appropriation, that is, the failure of the City of Menasha Common Council to appropriate money for any year sufficient for the continued performance by the City of all of City’s obligations under this MOU, this MOU shall terminate upon the last day of the fiscal year for which funds were appropriated. 6. Complete Agreement: This MOU is the complete agreement between the City of Menasha, on behalf of the MPRD and FVA and may be amended only by written agreement signed by each of the parties involved. 7. Notice of Breach: If any provision of this MOU is violated, written notification of the violation shall be personally served upon the other party or sent by Certified Mail and shall include a notice that the party in violation has ten (10) days to correct the violation. If, after ten (10) days the violation has not been corrected, the party sending the notice shall have the right, at its option, to terminate the MOU without such termination being considered a breach of the MOU. F. SEVERABILITY CLAUSE If any section, or portion thereof, of this MOU is found to be void, unenforceable, or unconstitutional, the improper portion shall be severed and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. G. INDEMNIFICATION CLAUSE: For good and valuable consideration, the Fox Valley Athletics, LLC., agrees to indemnify, defend and hold harmless the City and its officers, officials, employees and agents from and against any and all liability, loss, damage expense, costs (including attorney fees) arising out of this MOU, cause in whole or in part, by FVA, its officers, officials, employees, agents or anyone for whose acts they may be liable, except where cause by the sole negligence or willful misconduct of the City. In witness whereof, the parties have executed this MOU on this ________ day of May, 2026. Page 26 of 45 Fox Valley Athletics, LLC City of Menasha FVA Representative Signature Austin Hammond , Mayor Attest: Printed Name & Title Kaija Snyder , City Clerk APPROVED AS TO FORM: Margaret Struve, City Attorney Page 27 of 45 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3603 | Fax (920) 967-5273 | www.menashawi.gov City of Menasha | Office of the City Clerk MEMORANDUM DATE April 7, 2026 TO Common Council FROM Kaija Snyder, City Clerk RE Class “B” (Beer) Alcohol License Application from Menasha Athletic Association; Thomas Konetzke, Agent; Koslo Park Concessions (1200 Geneva Road, Menasha), Premises Menasha Athletic Association, doing business as Menasha Athletic Club (MAC), submitted an application for an abbreviated Class “B” (beer) license. Pursuant to 125.51(9)(b), abbreviated licenses allow a 6-month operating term. Menasha Athletic Association seeks licensure of the Koslo Park (1200 Geneva Road, Menasha) concession premises for the term of May 5, 2026 – November 5, 2026. According to Sec. 7-9-8 of the Menasha Municipal Code, the premises have been inspected and approved by the Health Department, Building Inspection Office, and Fire Department. Verification of these approvals is attached. The Menasha Police Department additionally facilitated and approved criminal background checks for agent Thomas Kontezke and other organizational officials. Agent Thomas Kontezke achieves qualification requirements outlined in Wis. Stat. 125.04(5)(a)5. Notification of application pendency was published in three consecutive issues of the Post Crescent on April 20, 21, and 22, 2026. Recommendation: Staff recommends approving Menasha Athletic Association’s abbreviated Class “B” alcohol license application for the May 5, 2026 – November 5, 2026 licensing period. Page 28 of 45 Page 29 of 45 Page 30 of 45 Page 31 of 45 Page 32 of 45 Page 33 of 45 Page 34 of 45 Page 35 of 45 Page 36 of 45 Page 37 of 45 Page 38 of 45 Page 39 of 45 Page 40 of 45 Page 41 of 45 Page 42 of 45 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3603 | Fax (920) 967-5273 | www.menashawi.gov City of Menasha | Office of the City Clerk MEMORANDUM DATE April 20, 2026 TO Common Council FROM Kaija Snyder, City Clerk RE Outdoor Alcoholic Beverage Service Permit Application for the 2025-2026 Licensing Term (May 5, 2026 – June 30, 2026) El Palenque Mexican Gastropub (890 Lake Park Road, Menasha) has submitted a complete application for an outdoor alcoholic beverage service permit. This application, including a sitemap of the area in question, is enclosed. The below listed businesses have submitted complete applications for outdoor alcoholic beverage service permits. These applications, including a sitemap of the area in question, are enclosed Outdoor alcoholic beverage service permits, governed by Section 7-2-17 of the Menasha Municipal Code, allow licensed businesses to serve alcoholic beverages outdoors in an enclosed extension of the interior premises licensed. This permit type modifies alcohol licenses and is therefore contingent upon an alcohol license. El Palenque Mexican Gastropub currently holds an alcohol license. Notably, El Palenque has additionally applied for renewal of its alcohol license and for an outdoor alcoholic beverage service permit for the term of July 1, 2026 – June 30, 2027. Pursuant to Section 7-2-17(d), the Clerk’s Office has notified all property owners within one hundred fifty (150) feet of proposed outdoor seating areas of permit application pendency. These notifications, sent by first class mail, invited property owners to speak on the pending application at the Common Council meeting at which this application is considered, or to submit comments directly to the Clerk’s Office. At this time, the Clerk’s Office has not received comments from notification recipients. Recommendation: Staff recommends approval of El Palenque Mexican Gastropub’s outdoor alcoholic beverage service permit application for the term of May 5, 2026 – June 30, 2026. Page 43 of 45 Page 44 of 45 Page 45 of 45