HomeMy WebLinkAbout38. 17-387 JULY 25, 2017 17-387 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN X )
UNTIL COUNCIL WORKSHOP ON SPECIAL EVENTS
PURPOSE: APPROVE WAIVER OF FEES FOR EXTRAORDINARY SERVICES
FOR SPECIAL EVENT / OSHKOSH SATURDAY FARMERS
MARKET INC.
INITIATED BY: OSHKOSH SATURDAY FARMERS MARKET INC.
WHEREAS, the Oshkosh Saturday Farmers Market Inc. has requested a waiver of
application fees and fees for extraordinary services under the City's Special Event
Ordinance; and
WHEREAS, the City's Special Event Ordinance provides for the waiver of fees at
the discretion of the Common Council with recommendation from the City Manager,
considering the following criteria together with any other criteria that the Council may
determine relevant on a case by case basis:
1. The Special Event's benefit to the quality of life to the City as a whole;
2. The Special Event's financial benefit to the City as a whole;
3. The Special Event is of interest to a smaller segment of the City's population
which the City seeks to encourage;
4. The tradition of the event in the City;
5. The cultural and/or historical significance of the Special Event;
6. Whether or not the Special Event provides services or functions that are
traditionally organized or sponsored by other Cities or governments;
7. Whether or not the Special Event organizers are making good faith efforts to
minimize adverse effects on the health, safety, and welfare of the community
and as a result minimizing the need for City employee involvement;
8. The effect of the Special Events on the neighborhood(s) surrounding the site
of the event;
9. The financial burden the Special Event places on the City's taxpayers as a
whole;
10. The financial condition of the event organizer(s).
JULY 25, 2017
17-387 RESOLUTION
CONT'D
WHEREAS, the Common Council has considered the request and supporting
information submitted by the Oshkosh Saturday Farmers Market Inc. along with the
recommendation of the City Manager as attached to this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the request for waiver of fees for the Oshkosh Saturday Farmers Market
Inc. is hereby approved.
DATE: July 20, 2017
TO: Honorable Mayor and Members of the Common Council
FROM: Mark A. Rohloff, City Manager
SUBJECT: Request from Oshkosh Farmer's Market to Waive Special Event Fees
BACKGROUND
Please find attached a packet of information from the Downtown Oshkosh Farmer's
Market requesting consideration to waive special event fees for the Oshkosh Farmer's
Market. By way of background, section 5 — 18 of the Oshkosh municipal code provides
the ability for Council to waive fees for special events. The packet of information provided
by the Downtown Oshkosh Farmer's Market Incorporated identifies reasons that the
group believes warrant consideration for a waiver. The Downtown Oshkosh Farmer's
Market made a similar request to Council in 2012; that request was denied. Since then,
the Downtown Oshkosh Farmer's Market has identified additional justification they
believe warrant consideration for a waiver of fees.
ANALYSIS
Section 5 — 18 of the Oshkosh Municipal Code cites ten (10) criteria that Council may
consider when reviewing a request for a waiver of special event fees. The code also directs
the City Manager to evaluate and make a recommendation to Council on such requests.
In order to provide Council with some guidance on this matter, I prepared the attached
analysis of the criteria cited in Section 5 — 18. Using a 1 to 5 scale, I determined that the
Farmers Market scored 39 of a possible 50 points on these criteria. This analysis is not
intended to provide a pass/fail to this review. The purpose of this analysis is to give
Council an idea of how well the Farmers Market addresses the criteria originally
established by Council.
To date, Council has not granted any requests for a waiver of special event fees. Upon
review of the criteria, it is fair to say that the Farmers Market performs well in terms of
meeting the criteria to be considered for a waiver. At the same time, as staff reviewed
these criteria and analyzed this request, it was pointed out that many special events meet
these criteria in a similar fashion. For example, there are many special events that benefit
the quality of life in Oshkosh, and the Farmers Market has certainly contributed to
community pride and increased interest in downtown Oshkosh. Furthermore, the
organizers of the Farmers Market have done a commendable job to assist city staff in
minimizing the impact this event has on downtown Oshkosh, even though two full city
blocks are closed every Saturday morning throughout the summer. I think this success is
a testament to the organizers' commitment to the community and their interest in making
sure that this event is a positive experience for everyone. Furthermore, although the
Farmers Market may not have as long a history as other special events, the event has
certainly added to the culture of the city.
OPTIONS FOR CONSIDERATION:
1. Review The Criteria And Act On The Request In The Affirmative Or The Negative
The Farmers Market has made this waiver request and is seeking approval.
Council can review the criteria and the information presented by the Downtown
Oshkosh Farmer's Market, Incorporated and take appropriate action, utilizing the
attached analysis.
2. Consider Other Options For Participation With The Farmers Market
In lieu of taking action on the request to waive fees, Council could consider either
(a) becoming a formal sponsor of the Oshkosh Farmer's Market in an amount equal
to the cost associated with the Farmers Market's special event fees, or (b) consider
this a co-sponsored event, in which case special event fees would no longer apply
because it would be considered a city event. With respect to becoming a sponsor
of the event, the Council certainly has the ability to appropriate funds and provide
sponsorship. Essentially, the sponsorship donation would be identical to the
special event fees, resulting in no net cost to the Farmers Market. With respect to
making the city of full-fledged partner or co-sponsor to the event, not only would
special event fees no longer apply, but the city would likely assume additional
liability as a result of being a co-sponsor. In both cases, the concern that Council
may wish to consider is that there have been previous events that have had similar
standing within the city but have gradually moved away from being a city
sponsored event to being an independent group that manages the event using city
property. An example of this is the Celebration of Lights, which was initiated in
part by the Parks Department, but gradually moved to a separate committee.
Celebration of Lights now raises funds and reimburses the city for costs associated
with putting on the event. Staff believes that there may be a concern that other
events could request similar treatment. While sponsorship designation may
exclude the Farmers Market from the special event fee ordinance altogether, the
precedent would be out there and other groups could make similar claims.
3. Delay Action Until Special Event Policy Is Reviewed
In March, the Common Council deferred action on any revision to special event
fees for 2017 based on input from various stakeholders about the appropriateness
of the fees. Since that time, the Parks Department has created a stakeholder group
to provide input regarding the special event fee structure. The group is finishing
their work and will be presenting their recommendations to me on August 1.
Following that presentation, staff and I will develop recommendations to Council
to take effect in 2018. When our stakeholders became aware that the Farmers
Market was considering a fee waiver request, the group expressed concern that the
request may be premature given the work that the stakeholder group has done on
our behalf. It may be inappropriate for Council to consider a waiver of fees until
after staff makes its recommendations to Council.
RECOMMENDATION
Based on the precedent established by Council in 2012 when they denied the Farmers
Markets' original request, and based on the concern expressed over the precedent for
waiving of fees, I am concerned that considering a waiver may put Council in the
predicament of undermining their Special Event Fee Ordinance, and therefore
recommend that his request be denied. Furthermore, I believe that the stakeholder
group's observations that Council wait until they see staff recommendations on a fee
schedule are valid. Council can choose to either defer action on this, or accept staff's
recommendation to deny this claim, as other special events may warrant a waiver of fees.
This could create a cumulative effect that would have a negative financial impact on the
city. Council may wish to take these factors into consideration as it reviews this request
and hears from the Farmer's Market representatives at Tuesday's meeting.
Criteria for consideration of waiving Special Events Fees
per Municipal Code Section 5-18
Event: Farmers Market
1 = Minimal Impact
5 = Maximum Impact
RATE
1-5 CRITERIA COMMENTS
39/50
The Special Event's benefit to the quality of life to
Great venue for creating sense of community
5
the City as a whole;
The Special Event's financial benefit to the City as a
Venders come from a variety of locales;
3
whole;
downtown taverns and food establishments
have taken advantage of crowds, other
businesses indicate minimal impact
The Special Event is of interest to a smaller segment
No target audience; seeks to get cross section
4
of the City's population which the City seeks to
of community to downtown
encourage;
3
The tradition of the event in the City;
Not a long tradition, but has quickly
developed loyal followers
The cultural and/or historical significance of the
No real historical significance. Cross sections
3
Special Event;
of cultures is varied and diverse compared to
other events
Whether or not the Special Event provides services
Other city's host or sponsor farmers markets
4
or functions that are traditionally organized or
sponsored by other Cities orgovernments;
Whether or not the Special Event organizers are
Event organizers regularly work with city
making good faith efforts to minimize adverse
department to minimize demand for city
5
effects on the health, safety, and welfare of the
services. Issues are resolved quickly
community and as a result minimizing the need for
City employee involvement;
The effect of the Special Events on the
Impact on downtown parking and Saturday
3
neighborhood(s) surrounding the site of the event;
morning shoppers, but not much more than
that
The financial burden the Special Event places on the
Minimal, Impact absorbed via special events
5
City's taxpayers as a whole;
fees
The financial condition of the event organizer(s).
Not aware of financial issues that would
4
impact ability to pay
Other:
Other:
Other:
39/50
DOWNTOWN
FARMERS ,1N1.'4f RFA
IN THE PARK
The Community Event
WINTER
FAR,%1 RS MARKET
OSHK70SH
Whereas: The Oshkosh Saturday Farmers Market Inc (OSFMI) is a nationally
recognized community event serving an estimated 1.2-15,000 residents and visitors
weekly and significantly benefits the quality of life in the city as a whole.
Whereas: The OSFMI is an outlet for Wisconsin homegrown farm products such as
vegetables, fruits, herbs, bakery products, meats, poultry, cheeses, eggs, cider, maple
syrup, honey, plants, fresh and dried flowers, jams and jellies and other prepared food
products. The OSFMI provides an outlet for small. producers of eligible products as well
as for larger producers.
Whereas: The OSFMI is totally supported by vendor fees and contributions and operates
for the sole purpose of providing as its mission statement states: "To foster the
commercial, social and community well-being existing in the Oshkosh are aby providing
a viable fanners market."
Whereas: The continuance and growth of the market is dependent on maintaining
affordable vendor fees to retain current and attract new vendors.
Now therefore be it resolved: The OSFMI is hereby granted exception of the City of
Oshkosh's Special Event fees effective immediately per Section 5-10, Special Events,
Marches and Public Assemblies, VII :Fees and. Reimbursement Schedule, Section. D,
Considerations for Reviewing Application Fees and/or Extraordinary Costs.
The Community Event
"The Oshkosh Farmers Market functions much as a town square and provides a venue
for social interaction that is not possible in any other place in the community. The
market contributes significantly to the "social capital" of the community and positively
impacts the quality of life for all residents. "
Mission: To foster the commercial, social and community well-being existing in the
Oshkosh area by providing a viable farmers market.
• Charitable Organization, Incorporated as a non-profit 501(c)4
• Free for all to attend.
• 180,000 estimate people participate in the summer markets with attendance at a
Saturday market ranging from 12-15,000 (estimated), depending on the weather
and time of year.
• 22 Markets each Saturday: June — October
• 11 Markets each Wednesday: mid-July — September
• 22 Indoor Markets each Saturday: November — April
• Supported total by vendor fees and community contributions.
• Nationally recognized as one of the 101 Best Farmers Markets in America.
• The market's Bonus 10 Food Bucks, SNAP incentive program and unique
Discover the Market children's program is supported by the Oshkosh Area United
Way, Ascension Foundation, Oshkosh Rotary Clubs and Market Vendors.
• Community organizations and churches enjoy free outreach spaces at the market.
Oshkosh Farmers Markets — In Brief
Mission: "To foster the commercial, social and community well-being existing in the Oshkosh
area by providing a viable farmers market. "
The Oshkosh Farmers Market is an outlet for Wisconsin homegrown farm products such as
vegetables, fruits, herbs, bakery products, meats, poultry, cheeses, eggs, cider, maple syrup,
honey, plants, fresh and dried flowers, jams and jellies and other prepared food products. The
Oshkosh Farmers Market provides an outlet for small producers of eligible products as well as
for larger producers, with approximately 140 vendors per week (downtown/outdoor/summer),
15 vendors per week (mid -week) and 25 vendors per week (indoor/winter), live music, and
themed events. 12-1.5,000 customers weekly attend the downtown. market (per Oshkosh. Police
Department estimate).
Charitable Organization, Incorporated as a non-profit 501(c)4
Oshkosh Farmers Market Fund at the Oshkosh Area Community Foundation, 501(c)3
Executive Directors:
Karlene & Dennis Leatherman
Board of Directors:
Michael J. Cooney — Chair
Kendal Koch — Vice Chair
Mary & Denny Berger, Keith Gervais, Julie Gordon, Steve Hunt, Diane Lowe,
Glen Pollack, Lori Redmond, Tracy Vinz
Operates Three Markets:
Summer Saturday Market: June — October
Summer Wednesday Market in the Park: July — September
Winter Saturday Market: November — April
History:
1994 first market held at Riverside Park
1998 Market moved to corner of Division Street and Church Avenue.
2001 Market moved to City Hall parking lot.
2011 Market moved to present location on N Main Street
2012 First Winter market opens
2015 First Wednesday Market in the Park opens
06/19/2017
Recognition:
2013) 2014) 2015, 2016 — Named one of the 101 Best Farmers Markets in America.
Bonus 10 Food Bucks
First offered in 2015, this program provides a match of ten dollars in market tokens for SNAP
clients who utilized their benefits at the market and purchase $10 in market tokens.
Discover the Market Program
This pioneering outreach program incentivizes children and adults with market tokens to
encourage better food choices and to introduce the market to selected populations. Partner
agencies include: Oshkosh Area Food Pantry, Boys and Girls Club, Head Start, WIC,
ADVOCAP and Refugee Resettlement Program.
Funding for these programs is provided by the Oshkosh United Way, Ascension, Oshkosh
Rotary and market vendors.
Doing good ...
In 2016, 73 community organizations and churches were provided 174 free spaces.
06/19/2017
; ,
DOWNTONNN
( .j RIM K5 IVtri1ZKF�'1'
OSHKOSH
WINTER
TER
FARMERSIMARKET
The Community Event — Vendors
Our policies state: "The greatest amount of produce sold by the Oshkosh Saturday
Farmers Market vendor must be produced by that same vendor. A "small amount" of
produce grown in other areas may be allowed, but must be prominently labeled as such;
for example: Door County Cherries, Dane County Raspberries, Michigan Blueberries,
Georgia Peaches, and Indiana Melons. If requested, vendors must permit Market
Management Representatives to inspect their growing area."
Vendor fees:
$300 per space (10x10) for the full -season (22 weeks) Summer market.
$150 per space (1.Ox 10) for a partial season (1.1. weeks) Summer market.
$30 per space per day for single day or less than 11 weeks.
Vendors 2016 Summer Market:
Agriculture: 76
Prepared Food: 42
Crafts: 64
Sponsors: 5
Free Space:
Information/Services: 6
Community Outreach: 64
Vendors 2017 Summer Market as of 7/1/2017:
Agriculture:
69
Prepared Food:
43
Crafts:
51
Sponsors:
7
Free Space:
Information/Services:
5
Community Outreach:
53
Average purchase by customers as reported by vendors:
Produce: $6-$15
Meat & Seafood: $10-$12
R,
m
...........
.... ......
UqUKON FARMERS MARKET'MARKET IN THE PARK
rLjkju BUCKS
MAKING FRESH AFFORDABLE
rHE SAIART IVA Y TO USE YOUR S&W 8EWZT5.
to the Oshkosh Farmers Market Downtown (613-10128)
Saturday - corner of N Main 5t & Merritt Ave
to the Market in the Park (7119-9127)
Wednesday - corner of W South Park Ave & Georgia 5t
0
2- SWIPE* Your QUE5T card for $10 or more
3. GET. An additional $10 of EBT tokens (one on per day)
4. SHOP: For fresh, local produce, meats and fish
LIVE UNITED
A�
Aseension
00�00 kea Und" Way
61AI'llew,
dam
O-WKO-W FARMERS MARKET MARKET IN TUE PARKI,,
BOYS & GIRLS CLUB
OF OSHKOSH
4^ Apvoc4p
u ric
DISCOVER THE MARKET
$20 MARKET TOKEN CERTIFICATE
TOTAL PRINTEWDISS RIBUTED = 155
$10 MARKET TOKEN CERTIFICATE
OISCOVER THE MARKET
WOMEN, INFANTS, $410 MARKET TOKEN CERTIFICATE --PARENT
& CHILDREN
TOTAL PRINTED/ DISTRIBUTE[)= 100