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HomeMy WebLinkAbout04.14.2025 APB Packet OSHKOSH ADVISORY PARKS BOARD AGENDA ROOM 404 (4TH FLOOR), CITY HALL OSHKOSH, WISCONSIN April 14, 2025 6:00 p.m. If anyone requires reasonable ADA accommodations, please contact the Parks Department atemaertz@oshkoshwi.gov, or phone 920-236-5080. A.CALL TO ORDER (6:00 PM) B.ROLL CALL C.APPROVAL OF MINUTES 1.March 10, 2025 Meeting Minutes D.CITIZEN STATEMENTS (Items not listed on this agenda) (Statements are limited to five (5) minutes; they must address items that are not listed on the meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Advisory Parks Board may address at a future meeting, and must not include endorsements of any candidates or other electioneering. If you require more time please inform the Chair at the beginning of your presentation.) E.OLD BUSINESS F.NEW BUSINESS 2.Discuss and recommend update to Section 30-442 of the Municipal Code regarding the fee in lieu of park land dedication 3.Discuss and recommend update to Section 30-442 of the Municipal Code regarding park land dedication requirements 4.Discuss inclusion of pickleball courts for the 44th Parallel court reconstruction project 5.Discuss and recommend approval of Concession Stand Agreement for Red Arrow Park Baseball Complex between the City of Oshkosh and Oshkosh Youth Baseball 6.Presentation of Annual Revenue Facility Report by Jenny McCollian, Revenue Facilities Manager 7.Presentation of Annual Zoo Report by Jenny McCollian, Revenue Facilities Manager G.STAFF REPORTS Park Director (Maurer) Update on Festival Foods Fireworks Show location at Ames Point, Menominee Park Assistant Park Director (Dallman) Update on Zoo Entrance / Path Project Update on Lake Fly Cafe Interior Mural Update on Park Maintenance Building Roof Replacement Update on Kiwanis Shelter Roof Replacement Landscape Operations Manager (Derks) Update on Strategic and Management Plans Update on Spring Tree Planting Update on sign bases and installation of 5th sign Update on Arbor Day Celebrations 4/25/25 Menominee Elementary at 8:30am North High Conservancy/Akan Acres at 2pm Update on Gustav Behnke Painting Revenue Facilities Manager (McCollian) Update on Easter events Update on opening day at facilities H.OTHER BUSINESS I.ADJOURNMENT NEXT MEETING DATE: May 12, 2025 TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:March 10, 2025 Meeting Minutes AttachmentsAttachments March 10, 2025 Meeting Minutes ADVISORY PARK BOARD MARCH 10, 2025 Present: Amy Davis, Becky Metz, Jacob Floam Excused: Lester Millette, Timothy Franz, Devon Hudak, Steve Herman CALL TO ORDER & ROLL CALL Chair Davis called the meeting to order at 6:00 P.M. A quorum was determined to be present. APPROVAL OF MINUTES Motion by Floam for approval of the February 10, 2025 minutes. Seconded by Metz. Motion carried 3-0. NEW BUSINESS 1) DISCUSS AND RECOMMEND RELOCATING JULY 4TH FIREWORKS LAUNCH SITE FROM MILLER'S BAY/MONKEY ISLAND TO AMES POINT IN MENOMINEE PARK Mr. Maurer stated that the fireworks contractor that has provided the July 4th fireworks show in Oshkosh for nearly the past 20 years is no longer providing shows in this area of the state. In working with a potential new contractor, it was recommended that we relocate the launch site from Monkey Island to Ames Point. This relocation is supported by both Parks Department and public safety staff for several reasons. Firing the shells from Monkey Island is logistically difficult and very labor intensive for the contractor as well as our Parks Department Staff. The previous contractor was provided a barge by the department in order to access the island. They would load all their equipment, product, and staff onto a barge and haul it to the island. This process began 2-3 days prior to the show. Following the show, they would reload the barge and haul everything back off the island. In addition to the large amount of product necessary to complete the show, the previous contractor reported an estimated 500 labor hours. Labor from department staff was also required to complete maintenance one to two times annually trimming the shrubbery to prevent fires. Safety was another main concern when assessing the firing location. Being able to keep Staff: Ray Maurer, Parks Director; Ericka Rick, Administrative Assistant AVISORY PARK BOARD MINUTES PAGE 2 MARCH 10, 2025 the proper distance from land as well as keeping boaters at a safe distance has proven to be difficult in the past at times. The Ames Point location was favored over Monkey Island when meeting with public safety staff from the Oshkosh Fire Department, Oshkosh Police Department and Winnebago County Sheriff's Department. The proposed new location at Ames Point would provide more control over the access of the site and move much of the safety zone over the water rather than viewing areas. Buoys would be placed in the water to visually denote the safety zone and make it easier for policing agencies to help keep boaters at a safe distance. It would also provide the contractor easy access to the site, allowing more money in to the show itself. Potential contractor, Craig Heatherington with J&M Displays, expressed that they do not have the man power or time to offer as many hours as was provided by the previous vendor and that, if the show does not move, they will likely not be able to take on our show . Mr. Heatherington believes Ames Pont will provide them with safe control of the site as well as easy access because they will be able to use the paved path out to the point. He also believes that this location will appeal to more of a crowd than the previous location because it provides more viewing space in both the water and on land. Motion by Floam for recommendation to Common Council of relocating the July 4th fireworks site from Monkey Island to Ames Point in Menominee Park. Seconded by Metz. Motion carried 3-0. 2) REVIEW AND RECOMMEND PICKART PARK MASTER PLAN FOR APPROVAL Mr. Maurer stated that Pickart Park is a 1.51-acre park dedicated to the city as part of the Pickart Estates Subdivision development on W. 9th Avenue, just east of Clairville Road. Rebecca Ramirez with Rettler Corporation provided a presentation with an overview of the site’s master plan. Ms. Ramirez shared a site analysis including size, grade, access, utilities, wetland delineation, and soil survey. A public information meeting was held on April 30, 2024 that was attended by more than 20 people. That meeting provided input that the neighbors would like to see a playground, walking paths, open shelter, seating, green space, trees, adult games, lighting, and multiuse courts. Rettler Corporation used that information to provide two renderings to present at a second public input meeting along with estimated costs. The second meeting was held on September 25, 2024 and had fewer attendees but provided feedback heavily favoring concept number two. Using additional feedback from that meeting, as well as input form the Parks Department, a final concept was developed with an estimated cost of $1,264,100. That cost includes utilities, concrete walks, playground, bag toss, multi-use courts, basketball half court, building and miscellaneous amenities, contingency buffer, and geotechnical borings. Mr. Maurer stated that there is $350,000 for this project in the 2025 CIP budget. That cost would likely cover the installation of a playground and accessible walks. Motion by Floam for recommendation to Common Council of approval for the Pickart Park Master Plan. Seconded by Metz. Motion carried 3-0. STAFF REPORTS PARKS DIRECTOR (Maurer) Mr. Maurer stated the staff is working to get the Menominee Park Amusement Area train operating by utilizing both in house and contracted services. There have been preliminary discussions with community members about the potential for a train the operates on land rather than tracks in the future. Those conversations are pending further discussion and protentional partners. Staff will continue to focus on having this area ready to operate for the coming season. Mr. Maurer stated that a neighborhood association near Quarry Park worked with City Planning staff, the Parks Department and the Common Council to approve neighborhood funding that may be used to develop a master plan for the park. Rettler Corporation will be assisting in the creation of that master plan. Mr. Maurer stated that planning staff began assisting last fall in the updating of the subdivision ordinance pertaining to parkland dedication and fees in lieu of parkland dedication as well as a potential impact fee for park development. This update includes the amount that is paid in leu of, as well as the area required. Parks Department staff has continued to work with the consultant to update the ordinance. Mr. Maurer stated that Engineering staff is currently working to complete the design phase of the Siewert Trail Road reconstruction project so that it can be placed out for bid. The development of this design began as part of the 2024 CIP budget. UW Milwaukee archeological staff have been consulted and department staff will stay in contact with them for the duration of this project. The anticipated schedule has the project beginning in mid-August and competed by the third week of October, in time for the Zooloween Boo event. The scope of this project includes the entire Siewert Trail roadway and the parking lot for the Menominee Park Zoo. ADJOURNMENT Motion by Davis for adjournment; seconded by Metz. Motion carried 3-0. The meeting adjourned at 6:48 P.M Respectfully submitted, Ericka Maertz Administrative Assistant TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Discuss and recommend update to Section 30-442 of the Municipal Code regarding the fee in lieu of park land dedication BACKGROUNDBACKGROUND In December 2023, the city entered into an agreement with Ehlers Public Finance Advisors to review and update the fee in-lieu-of parkland dedication and the dedication of parkland requirements included in Chapter 30 Subdivisions of the municipal code. In addition, the agreement included that Ehlers would perform a feasibility analysis for a potential park impact fee. This review and analysis has been requested by Advisory Park Board, Plan Commission and Common Council members in the past. The last time these items were updated was in 2003. Community Development/Planning and Parks Department staff has been working with Ehlers on this process. Due to staff turnover, the project has been delayed slightly with the focus being on the update to the fee in-lieu-of parkland dedication and the parkland dedication requirements. The impact fee feasibility analysis will resume in the near future. Past updates to the Comprehensive Outdoor Recreation Plan (CORP) have indicated that the city- owned parkland acreage is lower than the national standard recommended by the National Recreation and Park Association (NRPA) and that the city should review and update these sections of Chapter 30. The recommended parkland acreage from NRPA is 6.25-10.5 acres per 1,000 residents. The City of Oshkosh parkland acreage is currently 4.55 acres per 1,000 residents. As part of their review, Ehlers surveyed a number of communities in the region and state to compare the City of Oshkosh parkland dedication requirements and fees in-lieu-of parkland dedication. All of this information will be presented to the Advisory Park Board by Ehlers staff at the Monday, April 14th meeting. Any recommendations from the Advisory Park Board will then be forwarded to the Plan Commission and Common Council for consideration. AttachmentsAttachments Oshkosh Park Fee In Lieu Memo and Analysis MEMORANDUM TO: Ray Maurer, Parks Director FROM: Jon Cameron, Senior Municipal Advisor/Managing Director DATE: April 10, 2025 SUBJECT: Park Fee-In-Lieu of Land Use Calculation Update The City engaged Ehlers to perform a park impact fee study and to update the existing park fee- in-lieu of land dedication. This memo will address the update to the park fee-in-lieu of land dedication with a separate Public Facilities Needs Assessment being completed for the park impact fee study. Background and Existing Ordinance The existing land dedication requirement is contained in Chapter 30, Article XIII of the City’s Municipal Code. Specifically, Section 30-442(b) and (c) contain language on the dedication of sites and the proportionate payment in lieu of dedication requirements. The current ordinance requests the amount of land to be provided for park and recreation needs of the subdivision, condominium or land division to be equal to 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat or certified survey map. The ordinance further states that where it is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall pay a fee equivalent to the value of the required dedication. The current fees are $400 per residential lot and $330 per multi-family unit. Fee-In-Lieu Calculation Update Attached to this memo is the updated fee-in-lieu calculation. The fee is based upon the value per acre of land divided by the standard of the number of current residents per acre of active parkland. Existing population and total acres of active parkland as defined in the City’s Comprehensive Outdoor Recreation Plan were used for the calculation. The fee per capita is then multiplied by an assumed 3.0 persons per household for single-family dwelling units and 2.50 persons per household for multi-family dwelling units. As part of the update, City staff also requested an analysis of the City’s fee-in-lieu requirements compared to other municipalities. This analysis is also attached to this memo. City staff also desired to examine the existing land dedication requirement and revise it as necessary. As part of this discussion the peer analysis was examined, and a comparison of the existing fee calculation requirements against recent land developments within the City. The existing requirement of 1,100 square fee for single family dwelling units and 900 square feet for multi-family development is lower than many other municipalities sampled, and lower than what City staff desires for park and recreation space dedication. Based on this analysis it is further recommended to increase the land dedication requirement to 2,000 square feet per residential unit. This is regardless of single-family or multi-family development. A comparison of existing to proposed dedication requirements to a recent development is also attached. It was a pleasure to assist the City with this analysis. Please feel free to reach out with any questions at 262-796-6179. City of Oshkosh Park Impact Fee Study Park Fee In Lieu of Land Dedication Update Average Value of Land/Acre1 $58,573 Residents/Acre of Active Parkland 221 Land Cost Per Capita $266.00 Updated Park Dwelling Unit Type People/Unit Fee-in-Lieu of Land Dedication Single-Family 3.00 $798.00 Multi-Family 2.50 $665.00 Notes: Source: City Assessment staff and taken from the average value per acre of taxable land within the City as of 1/1/2024. City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Municipality Fee in Lieu of Land Dedication Price/Unit or Lot Collection Notes City of Appleton Yes $1,100 for R-1A, R-1B, R-1C, R-2, $900 R-3, PD,TND - both fees are per unit Building Permit City of Kaukana Yes $250 per housing unit Final plat City of Menasha Yes $550 for R-1, R-2 R-3, R-4 - per dwelling unit 50% due at final plat with remaining amount due within 1 year R-1: 8% of gross residential acreage, R-2 10%, R-3-R-4 12% City of Neenah NA City of Wausau Yes $400/lot for SR zoning, $500/ lot for DR & TF zoning, $200 per lot for MRL, MRM, MRH development See section 21.16.085 for dedication calculation Town of Grand Chute Yes $400 SF, $600 Duplex, $200/unit MF Building Permit Village of Greenville No .06 acres per residential dwelling unit land dedication requirement. Village has a park impact fee of $682 per residential unit that is reduced by the value of land dedicated Village of Harrison No Has a park impact fee of $1,187 per residential dwelling unit Village of Little Chute Yes $600 per dwelling unit lump sum at final plat, or 50% at final plat, 50% when 1/2 lots sold Maximum fee of $600 per each 2,000 square feet of land within multi-family developments City of Oshkosh - Proposed Yes $798 per SF dwelling unit, $665 per multi-family dwelling unit Final plat Dedication requirement of 2,000 Sq Ft per dwelling unit. City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Current SF Total Updated SF Updated Total Subdivision Single Family Lots Dedication Req Square Feet Total Acres Dedication Req.Square Feet Total Acres Pickart Estates 60 1,100 66,000 1.52 2,000 120,000 2.75 TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Discuss and recommend update to Section 30-442 of the Municipal Code regarding park land dedication requirements BACKGROUNDBACKGROUND In December 2023, the city entered into an agreement with Ehlers Public Finance Advisors to review and update the fee in-lieu-of parkland dedication and the dedication of parkland requirements included in Chapter 30 Subdivisions of the municipal code. In addition, the agreement included that Ehlers would perform a feasibility analysis for a potential park impact fee. This review and analysis has been requested by Advisory Park Board, Plan Commission and Common Council members in the past. The last time these items were updated was in 2003. Community Development/Planning and Parks Department staff has been working with Ehlers on this process. Due to staff turnover, the project has been delayed slightly with the focus being on the update to the fee in-lieu-of parkland dedication and the parkland dedication requirements. The impact fee feasibility analysis will resume in the near future. Past updates to the Comprehensive Outdoor Recreation Plan (CORP) have indicated that the city- owned parkland acreage is lower than the national standard recommended by the National Recreation and Park Association (NRPA) and that the city should review and update these sections of Chapter 30. The recommended parkland acreage from NRPA is 6.25-10.5 acres per 1,000 residents. The City of Oshkosh parkland acreage is currently 4.55 acres per 1,000 residents. As part of their review, Ehlers surveyed a number of communities in the region and state to compare the City of Oshkosh parkland dedication requirements and fees in-lieu-of parkland dedication. All of this information will be presented to the Advisory Park Board by Ehlers staff at the Monday, April 14th meeting. Any recommendations from the Advisory Park Board will then be forwarded to the Plan Commission and Common Council for consideration. AttachmentsAttachments Oshkosh Park Fee In Lieu Memo and Analysis MEMORANDUM TO: Ray Maurer, Parks Director FROM: Jon Cameron, Senior Municipal Advisor/Managing Director DATE: April 10, 2025 SUBJECT: Park Fee-In-Lieu of Land Use Calculation Update The City engaged Ehlers to perform a park impact fee study and to update the existing park fee- in-lieu of land dedication. This memo will address the update to the park fee-in-lieu of land dedication with a separate Public Facilities Needs Assessment being completed for the park impact fee study. Background and Existing Ordinance The existing land dedication requirement is contained in Chapter 30, Article XIII of the City’s Municipal Code. Specifically, Section 30-442(b) and (c) contain language on the dedication of sites and the proportionate payment in lieu of dedication requirements. The current ordinance requests the amount of land to be provided for park and recreation needs of the subdivision, condominium or land division to be equal to 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat or certified survey map. The ordinance further states that where it is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall pay a fee equivalent to the value of the required dedication. The current fees are $400 per residential lot and $330 per multi-family unit. Fee-In-Lieu Calculation Update Attached to this memo is the updated fee-in-lieu calculation. The fee is based upon the value per acre of land divided by the standard of the number of current residents per acre of active parkland. Existing population and total acres of active parkland as defined in the City’s Comprehensive Outdoor Recreation Plan were used for the calculation. The fee per capita is then multiplied by an assumed 3.0 persons per household for single-family dwelling units and 2.50 persons per household for multi-family dwelling units. As part of the update, City staff also requested an analysis of the City’s fee-in-lieu requirements compared to other municipalities. This analysis is also attached to this memo. City staff also desired to examine the existing land dedication requirement and revise it as necessary. As part of this discussion the peer analysis was examined, and a comparison of the existing fee calculation requirements against recent land developments within the City. The existing requirement of 1,100 square fee for single family dwelling units and 900 square feet for multi-family development is lower than many other municipalities sampled, and lower than what City staff desires for park and recreation space dedication. Based on this analysis it is further recommended to increase the land dedication requirement to 2,000 square feet per residential unit. This is regardless of single-family or multi-family development. A comparison of existing to proposed dedication requirements to a recent development is also attached. It was a pleasure to assist the City with this analysis. Please feel free to reach out with any questions at 262-796-6179. City of Oshkosh Park Impact Fee Study Park Fee In Lieu of Land Dedication Update Average Value of Land/Acre1 $58,573 Residents/Acre of Active Parkland 221 Land Cost Per Capita $266.00 Updated Park Dwelling Unit Type People/Unit Fee-in-Lieu of Land Dedication Single-Family 3.00 $798.00 Multi-Family 2.50 $665.00 Notes: Source: City Assessment staff and taken from the average value per acre of taxable land within the City as of 1/1/2024. City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Municipality Fee in Lieu of Land Dedication Price/Unit or Lot Collection Notes City of Appleton Yes $1,100 for R-1A, R-1B, R-1C, R-2, $900 R-3, PD,TND - both fees are per unit Building Permit City of Kaukana Yes $250 per housing unit Final plat City of Menasha Yes $550 for R-1, R-2 R-3, R-4 - per dwelling unit 50% due at final plat with remaining amount due within 1 year R-1: 8% of gross residential acreage, R-2 10%, R-3-R-4 12% City of Neenah NA City of Wausau Yes $400/lot for SR zoning, $500/ lot for DR & TF zoning, $200 per lot for MRL, MRM, MRH development See section 21.16.085 for dedication calculation Town of Grand Chute Yes $400 SF, $600 Duplex, $200/unit MF Building Permit Village of Greenville No .06 acres per residential dwelling unit land dedication requirement. Village has a park impact fee of $682 per residential unit that is reduced by the value of land dedicated Village of Harrison No Has a park impact fee of $1,187 per residential dwelling unit Village of Little Chute Yes $600 per dwelling unit lump sum at final plat, or 50% at final plat, 50% when 1/2 lots sold Maximum fee of $600 per each 2,000 square feet of land within multi-family developments City of Oshkosh - Proposed Yes $798 per SF dwelling unit, $665 per multi-family dwelling unit Final plat Dedication requirement of 2,000 Sq Ft per dwelling unit. City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Current SF Total Updated SF Updated Total Subdivision Single Family Lots Dedication Req Square Feet Total Acres Dedication Req.Square Feet Total Acres Pickart Estates 60 1,100 66,000 1.52 2,000 120,000 2.75 TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Discuss inclusion of pickleball courts for the 44th Parallel court reconstruction project BACKGROUNDBACKGROUND Included in the 2025 Parks Department Capital Improvement Plan (CIP) is funding to reconstruct the 44th Parallel Park tennis courts. Like other tennis court reconstruction projects the past few years, we have included in the project scope elimination of one of the existing tennis courts and replacing it with two pickleball courts due to the demand and popularity of pickleball. This is what we had discussed last year with the Advisory Park Board and Common Council as part of the CIP development. As pickleball does generate more noise than tennis due to the type of equipment, staff has attempted to solicit input from neighbors adjacent to 44th Parallel Park on their preference for the courts to both remain tennis courts or to eliminate one and construct two pickleball courts in its place. A total of 67 households adjacent to the park were provided information on the project, including advising them of more noise generated by pickleball play, and were requested to let us know if they had a preference on the court project. We had 14 households respond with 10 preferring the addition of pickleball courts, 3 preferring to leave as tennis courts only and 1 stating they are fine with either but would like to see whatever is best for the community. With the input received and the continued demand for pickleball courts from the community, staff supports the elimination of one tennis court and replacing it with two pickleball courts. Staff is looking for input from the Advisory Park Board as we are currently working on the bid specifications for this project. TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Discuss and recommend approval of Concession Stand Agreement for Red Arrow Park Baseball Complex between the City of Oshkosh and Oshkosh Youth Baseball BACKGROUNDBACKGROUND The Board will discuss approval of the Concession Stand Lease for Red Arrow Park Baseball Complex between the City of Oshkosh and Oshkosh Youth Baseball. The past few years the YMCA has operated the concessions operations at Red Arrow Park under the same lease agreement; they have decided not to continue. The Board is being asked to recommend approval to the Common Council. Staff recommends approval. AttachmentsAttachments Oshkosh Youth Baseball Red Arrow Concession Lease 1 CONCESSION STAND AGREEMENT FOR RED ARROW PARK BASEBALL COMPLEX Oshkosh Youth Baseball, PO Box 3302, Oshkosh, WI 54903 (OYB/Operator), and the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54901, a Wisconsin Municipal Corporation, (City/Owner) enter into this Agreement on __________________, 2025. 1) Purpose: Facilities at the City’s Red Arrow Park include multiple baseball/softball diamonds and a nearby concession stand. Various baseball/softball leagues use these ball diamonds when the weather cooperates between April and September. These ball diamonds may occasionally be used for baseball/softball tournaments that are not part of league play, for special events, or for other uses. The City has requested and OYB has agreed to provide concession services for the various baseball/softball leagues using the ball diamonds. OYB may, but is not obligated to, provide concession services for non-league tournaments, for special events, or for other Park uses. 2) Location: Red Arrow Park is generally located East of North Westfield Drive, and North of Taft Avenue. A map of the baseball/softball diamonds and the concession/restroom building is attached. During the period of this Lease, Tenant shall have the exclusive use of the concession space of the building. No outside storage or use of the immediate area around the building is included. 3) Available Space and Equipment: The concession space provided by the City is empty. OYB will be responsible for providing everything necessary to carry out their concession operations. This includes equipment, tools, and utensils that are suitable for this space and that it believes are necessary to prepare and serve the food and drink concessions that it wishes to sell. The City hopes the space will be useful to raise funds for its organization, but makes no warranty that the available space is suitable for all of the concession uses that OYB may intend. OYB has had the opportunity to inspect the space and accepts it as-is. The City is responsible for building structures issues and normal wear and tear. OYB is responsible for all other cleaning and maintenance. OYB shall not make any changes to the concession space without the City’s permission. OYB accepts the concession space’s locks and other security features as-is. OYB will be issued one (1) key to the space and is responsible for maintaining the security of that key. The key provided shall not be duplicated. OYB shall be charged for the replacement of any lost keys as well as any changes of locks if the City believes such change is warranted. 4) Length of Contract: This lease agreement will be for a one (1) year period, beginning on May 1, 2025, and ending on December 31, 2025. Either party may terminate this lease for any reason by giving the other at least thirty (30) days advanced written notice before the termination date. If OYB does not expect to provide concessions for a particular season during the course of this Agreement, the City would appreciate written notification prior to February 1 of that year. 5) Use: OYB shall sell food and beverages (concessions) for regularly scheduled baseball/softball league games. No non-food / beverage items will be allowed. The City will cooperate with applications licenses necessary to operate the concession stand. Written lists of items sold and the prices for those items sold shall be provided to the Parks Director. OYB may keep and store its equipment, tools, and utensils within the concession space after the regular league season ends over the winter until it is used the following season. All equipment shall be prepared for proper cold weather storage. Food/beverages cannot be stored over the winter in the concession space. 2 6) Hours of Operation: The Parks Department will provide OYB with the schedules for regularly scheduled summer baseball/softball league games that OYB will be required to serve concessions. The games may vary in days of the week and times over the course of the season. The concession stand shall be open at least one-half (1/2) hour before the start of games and shall remain open at least until the end of games. OYB may use the concession space to provide concessions for events that are not part of normal league play. 7) Payments: As consideration for the ability to serve concessions at the City facility, OYB will pay to the City $1,000, or 10% of gross revenues, whichever is greater, for each year of this Agreement. Payment is due by October 1 of each year of this Agreement. 8) Books of Account and Financial Reports: OYB agrees to keep the books of account and records of all operations occurring at this Park. OYB shall establish a system of bookkeeping and accounts related to the City concession space in a manner satisfactory to the City, and to permit inspection of said books and records by the City Director of Finance as often as is necessary in the opinion of the City. When making payments to the City, OYB shall submit to the City gross sales reports broken down by month. OYB shall also submit at the end of each year, or at another time required by the City, unaudited profit and loss statement of operations related to the City concession space in a form approved by the City. 9) Notices: All notices and orders given to OYB and the City may be served by email or by U.S. Mail to their addresses of record. 10) Operation: OYB is solely responsible for staffing and operating the concession space. Any minors working at the concession stand shall be supervised on-site by at least one adult to whom OYB has delegated full authority to make decisions and make sure the concession stand is operated in a safe and lawful manner. OYB will provide the City with the name and contact information of the person(s) that OYB has designated as being responsible for the operation of the concession stand. 11) Insurance: OYB shall provide and maintain at its own cost and expense all appropriate insurance throughout the term of this Agreement to cover OYB, the City, and others using or affected by the concessions. The City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers shall be named as an additional insureds on the policy. Required insurance includes worker’s compensation, and such public liability, product liability, and property damage insurance to protect against any claims for damage to property and for personal injuries, including death, which may arise from the operation of this concession by OYB. The minimum insurance coverage limits shall be written on an occurrence basis and have minimum limits of $500,000 per occurrence, and a $1 million general aggregate limit. Other minimum coverages include $50,000 damage to rented premises, per occurrence, $5,000 medical expense coverage, per person, and $100,000 product liability coverage. A copy of all certificates of insurance must be furnished to the City. 12) Risk/Hold Harmless/Indemnification: OYB accepts all responsibility and liability for its actions related to its use of the concession space. OYB holds the City harmless from all actions, claims, and damages related to OYB’s use of the concession space. OYB shall indemnify the City, its officers, council members, agents, employees, and authorized volunteers for any and all claims, suits, losses, damage, or injury to person or property of whatever kind and nature, whether direct or indirect, arising out of or related to OYB’s use of the concession space. 3 13) No Partnership / Agency: OYB’s use of the concession space is not intended to create a partnership or principal/agent relationship between the City and OYB. 14) Federal, State, and Municipal Laws: OYB, its employees, agents, and volunteers, shall comply with all Federal, State, and Municipal laws, ordinances, rules, orders, and regulations for all matters related to their use of the concession space. 15) Utilities: The City shall not charge OYB for electrical, water, and garbage service for the concession space, unless usage significantly exceeds prior usage of the concession space. OYB shall make sure that faucets are turned off, and equipment and appliances are unplugged, during all times concessions are closed. OYB shall use all electric and water service in strict compliance with building codes, plans, and designs as approved by the City. 16) Flammables: OYB shall not use or permit the storage of any illuminating oils, oil lamps, benzine, naphtha or other similar substances or explosives of any kind, or any substance or things prohibited in the standard policies of fire insurance companies in the State of Wisconsin in any buildings erected or to be erected on the premises. 17) Sanitation: OYB agrees to keep the concession space in a clean and in a sanitary condition. OYB is responsible for disposal of food waste, packaging containers, eating utensils, and other waste directly attributable to its concessions within the interior of the concession space, and is also responsible for waste and litter directly attributable to its concessions throughout the Red Arrow Park Baseball/Softball Complex. OYB may use the City’s dumpsters at the Park to dispose of waste and litter created by its concessions. If the concession generates more waste and refuse than can be contained within the dumpsters furnished by the City, then OYB is responsible for removing, at its expense, the extra waste and refuse off-site to its own dumpsters. 18) Inspection/Access: The City may inspect the concession space at any time. OYB will promptly correct any condition that is unsatisfactory to the City. The City will work with OYB to ensure that concession activities continue during operational hours, the City reserves the right to close all or part of the concession space in the event of a dangerous circumstance affecting health or safety that the City observes, or that the City becomes aware of from other agencies such as the Health Department. 19) Advertising: OYB shall display at least one sign on or in the concession space indicating that the concession is operated by OYB and not the City. Signage must be approved by the Parks Department. One sign may be temporarily attached to the exterior of the concession space as long as: a) the exterior location and method of securing to the building is approved by the Parks Department; and, b) the exterior sign is removed at all times that concessions are closed. One or more signs may be located inside the concession space. No other signage with any other message or advertisement is allowed, except for a sponsor logo which may be on the same OYB sign, but must be clearly smaller than OYB language and logo. No separate signs with sponsor logos will be allowed. OYB shall not employ or use any persons known as “hawkers”, “spielers”, “criers” or other noisemakers or means of attracting attention to OYB’s concession business that is not approved by the City, or to the extent that any activity of OYB creates a nuisance. 20) Other Business: OYB shall not carry on or within or around the concession space any other business or activity except as described in this Agreement. The City may maintain or install vending 4 machines that will be operational during OYB’s concession activities, but the City agrees that it will not sell, rent, lease, or permit any other person, business or concessionaire to sell food and drink concessions during regularly scheduled baseball/softball league play at Red Arrow Park. 21) Service to Public: The policy of the City is to serve the public in the most ethical and responsible manner possible, and OYB agrees that both it and its employees, volunteers, and agents shall at all times undertake the same policy and cooperate with the City to ensure this occurs. 22) No Representations: OYB acknowledges that the City has not made or caused to be made any representations of any nature whatsoever in connection with the subject concessions, and in particular has made no representations dealing with such matters as anticipated revenue to OYB, or related issues. OYB acknowledges that it will enter into this lease as the result solely of its own business judgment and not as the result of any representations whatsoever, direct or indirect, made by the City, its agents or employees. 23) Discrimination: During the term of this agreement OYB shall not discriminate on the basis of any protected class as defined by local, state, and federal laws. 24) Use by Others: If an event that is not part of a normal summer non-league tournament, or a special event, or other activity will be held at the Park, and if OYB is willing to allow others to use its concession equipment, then the City may allow the other party to use the concession space as long as OYB , City, and other party are able to enter into a mutually agreeable written agreement. OSHKOSH YOUTH BASEBALL By: _____________________________________ By: __________________________________ _____________________________________ _____________________________________ (Print name) (Print title) (Print name) (Print title) CITY OF OSHKOSH By: ______________________________________ By: __________________________________ Rebecca Grill, City Manager Diane Bartlett, City Clerk Approved as to form: _______________________________ Lynn Lorenson, City Attorney TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Presentation of Annual Revenue Facility Report by Jenny McCollian, Revenue Facilities Manager BACKGROUNDBACKGROUND Jenny McCollian, Revenue Facilities Manager, will present the 2024 Revenue Facilities Report which includes special events at the Pollock Community Water Park, Leach Amphitheater, South Park, the Menominee Park Zoo and Brews on the Bay. A copy of the report is included in your packet. AttachmentsAttachments 2024 Annual Revenue Facilities Report 38,45538,455 90,45790,457 33,92333,923 102,051102,051 0 20,000 40,000 60,000 80,000 100,000 120,000 Pollock Community Water Park Menominee Park Zoo 2023 2024 Total Visitors 1,8591,859 6,2436,243 1,5501,550 10,34310,343 4,6004,600 1,9141,914 10,96610,966 900900 18,70018,700 4,6404,640 0 5,000 10,000 15,000 20,000 Pollock CommunityWater Park LeachAmphitheater South ParkChildren's Events Zoo Special Events Brews on the Bay 2023 2024 Total Special Event Parcipants 2626 199199 4040 440.5440.5 165165 9292 2020 288288 133.33133.33 0 200 400 600 800 Pollock CommunityWater Park LeachAmphitheater South ParkChildren's Events Zoo Special Events Brews on the Bay 2023 2024 Total Volunteer Hours $826.80$826.80 $6,328.20$6,328.20 $1,272.00$1,272.00 $14,007.00$14,007.00 $5,247.00$5,247.00 00 3081.083081.08 669.8669.8 9645.129645.12 4465.224465.22 $0 $5,000 $10,000 $15,000 PollockCommunity WaterPark LeachAmphitheater South ParkChildren's Events Zoo Special Events Brews on the Bay 2023 2024 Total ($) Value of Volunteers $5,000.00$5,000.00 $15,250.00$15,250.00 $2,106.00$2,106.00 $10,039.00$10,039.00 $0.00$0.00 $5,000.00$5,000.00 $4,250.00$4,250.00 $500.00$500.00 $13,992.30$13,992.30 $1,000.00$1,000.00 $0 $5,000 $10,000 $15,000 $20,000 PollockCommunity WaterPark LeachAmphitheater South ParkChildren's Events Zoo Special Events Brews on the Bay 2023 2024 Total Event Sponsorships ($) $64,400.56$64,400.56 $13,512.00$13,512.00 $300.00$300.00 $5,507.00$5,507.00 $0.00$0.00 $330,113.00$330,113.00 $11,737.01$11,737.01 $0.00$0.00 $72,040.00$72,040.00 $2,026.00$2,026.00 $0 $100,000 $200,000 $300,000 $400,000 PollockCommunity WaterPark LeachAmphitheater South ParkChildren's Events Zoo Special Events Brews on the Bay 2023 2024 Total Donaons ($) TO:TO:Advisory Parks Board FROM:FROM:Ray Maurer, Parks Director DATE:DATE:April 14, 2025 SUBJECT:SUBJECT:Presentation of Annual Zoo Report by Jenny McCollian, Revenue Facilities Manager BACKGROUNDBACKGROUND Jenny McCollian, Revenue Facilities Manager, will present the 2024 Menominee Park Zoo Report which includes visitor information, daily programming, Wildlife Wednesday programs, story time and crafts, outreach programs, support and donations, and special events. A copy of the report is included in your packet. AttachmentsAttachments 2024 Annual Zoo Report 1,3211,321 885885 300300 2,0702,070 110110704704741741 425425 3,4983,498 72720 1,000 2,000 3,000 4,000 Breakfast with theBunny Bunny in the Barn Brews in the Zoo Zooloween Boo Snooze at the Zoo 2023 2024 Annual Zoo Special Events Aendance $12,179.40$12,179.40 $8,038.81$8,038.81 $78,565.35$78,565.35 $5,845.47$5,845.47 $92,449.63$92,449.63 $16,770.12$16,770.12 $13,892.30$13,892.30 $73,703.84$73,703.84 $6,912.91$6,912.91 $94,509.05$94,509.05 $0 $20,000 $40,000 $60,000 $80,000 $100,000 Volunteer HoursValue SponsorshipDollars Donaons Zoo Coin Total Support 2023 2024 Annual Zoo Support