Loading...
HomeMy WebLinkAbout24. 18-137MARCH 13, 2018 18-115 18-137 PENDING FEBRUARY 23, 2018 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN X ) BY APPLICANT PURPOSE: APPROVE WAIVER OF FEES FOR EXTRAORDINARY SERVICES FOR SPECIAL EVENT / OSHKOSH SATURDAY FARMERS MARKET INC. INITIATED BY: BID BOARD WHEREAS, the Downtown Business Improvement District (BID) has agreed to assume organizational responsibilities for the summer Saturday Farmers Market (Farmers Market), and WHEREAS, the BID has agreed to contract with Oshkosh Saturday Farmers Market Inc. to manage the Farmers Market for the BID and WHEREAS, the BID 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; MARCH 13, 2018 18-115 18-137 PENDING FEBRUARY 23, 2018 RESOLUTION 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). and WHEREAS, the Common Council has considered the request and supporting information submitted by the BID along with the analysis prepared by the City Manager, attached to this resolution as Exhibit "A". 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. DOWNTOWN FARMERS MARKET OSHKOSH To: Mark Rohloff Oshkosh City Manager From: Michael J. Cooney OSFMI Board Chair Date: 2.27.18 i MARKET WINTER j W THE PARK FARMERS MARKET t OSHKOSH OSHKOSH Ref: Response to analysis of criterial for exemption from special event fees. Criteria 2, The Special Event's financial benefit to the City as a whole. 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. As many as 12,000-15,000 customers attend the Saturday downtown market (per Oshkosh Police Department estimate). Vendors and customers come to Oshkosh from throughout the area and consistently rank the Oshkosh market as a superior experience when compared to neighboring markets. OSFMI Operates Three Markets: Summer Saturday Market: June — October Summer Wednesday Market in the Park: July — September Winter Saturday Market: November—April Market Outreach Programs serve the food challenged population of Winnebago County. 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. The 2017-18 markets are projected to have provided 180 free spaces by the end of April 2018. Criteria 4, Tradition of the event in the City. The Oshkosh Farmers Market was one of the first markets in the state and has been operating for 24 years and has become a model market that many other cities have modeled their markets after. 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 Recognition: 2013, 2014, 2015, 2016 — Named one of the 101 Best Farmers Markets in America, by the New York city based publication, The Daily Meal. Criteria 10, The financial condition of the even organizer(s) The Oshkosh Farmers Markets are funded primarily by vendor fees. Donations and sponsorships provide a secondary source of income. OSFMI Vendor fees are currently one of the highest in the area. Any increase in fees would result in losing the smaller vendors who make up a good deal of the market. The size and diversity of the market is a major appeal of the market and thus losing vendors would impact the entire market and its appeal to the community. Donations and sponsorships have been a continuing, but not a consistent source of revenue and thus cannot be counted on for budgeting. Currently the market has sufficient revenue to operate. The Oshkosh City special event fees impose a growing and potentially crippling burden on the markets budget and future ability to operate. ILL f.?I Oshkosh Exhibit A ANALYSIS Section 5 — 18 of the city's municipal code addresses the regulation of special events. Specifically, section 5 —18 (VII) (D) identifies 10 specific criteria that the Council may consider in granting a waiver of extraordinary charges. For Council's benefit, I will provide you with staff's findings for each of these criteria so that you may determine whether or not they warrant consideration of a waiver of fees. The criteria are as follows: 1. The Special Event's benefit to the quality of life to the City as a whole - MET • Farmers Markets are widely recognized as contributing to the quality of life in the community, so I believe this criteria has been met. The quality of life is enhanced by a Farmers Market because it provides a sense of place to the community, brings vibrancy to the area in which the market's is held, and offers local products to residents. All of these are recognized as positive contributors to overall quality of life. 2. The Special Event's financial benefit to the City as a whole —NOT MET • Special events such as the Farmers Market attract residents from the city and surrounding areas to the city. The attraction of this type of commerce provides an indirect economic benefit to the City of Oshkosh. However, it is arguable if it actually provides a 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 - MET • Farmers Markets have the ability to attract multiple target populations, so this criteria is generally met. Specifically, Farmers Markets are attractive to low income residents who cannot access local products near their homes. This is particularly beneficial in our central city, as the central city is categorized as a "food desert" due to the lack of a full-service grocery store in this area. The Farmers Market also attracts other target audiences, including families as well as other residents who generally do not frequent the central city. 4. The tradition of the event in the City — NOT MET • Although the Farmers Market does not have a long history in Oshkosh, the Oshkosh Farmers Market has quickly become an attractive event in the city, and is widely recognized as a good cultural event for the city. 5. The cultural and/or historical significance of the Special Event - MET • Although there is no specific historical significance to our current Farmers Market, Farmers Markets have historical significance in terms of connecting urban residents with their surrounding agricultural areas. That is essentially the purpose of a Farmers Market, and this connection gets reestablished with urban Farmers Markets. Furthermore, the cultural significance of the Farmers Market is widely known, as it attracts different groups that add to the cultural enrichment of our community. For these reasons, this criteria has been met. 6. Whether or not the Special Event provides services or functions that are traditionally organized or sponsored by other Cities or governments - MET • Farmers Markets throughout the state and country are organized by a variety of groups, but the most common organizer is typically a city government or a group such as a downtown business improvement district, such as our BID, which is technically an arm of the city. If the Farmers Market was organized by the city, the city would be hiring paid personnel, much like OSFMI already does. The existence of OSFMI means that the city does not need a separate organizational structure to manage the Farmers Market. The staff time associated with coordinating this special event is relatively minimal compared to the amount of time spent by OSFMI employees and volunteers. As a result, the city saves substantial costs by not having to coordinate or manage the Farmers Market. As a result, this criteria has been met. 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 - MET • I believe that this criteria has been met substantially. The organizers of the Farmers Market work closely with city departments, particularly the Police Department, in minimizing any problems that may arise in the course of operating the Farmers Market. Karlene and Dennis Leatherman, the organizers of the Farmers Market since its inception, have been conscientious in working closely with us to address concerns promptly. 8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event - MET • I believe that the fact that the BID itself is assuming ownership of Farmers Market and contract with OSFMI indicates the positive effect in the neighborhood. Additionally, the proximity of the Farmers Market to lower income areas immediately surrounding the downtown partially addresses the "food desert" that exists in the central city due to the lack of a full service grocery store. The availability of fresh produce, particularly for low income residents, is a key feature of the Farmers Market. This criteria is strongly met. 9. The financial burden the Special Event places on the City's taxpayers as a whole - MET • Even with the increased charges for special events that were recently approved by Council, the estimated total of the fee for this event is approximately $9,000 for the entire summer season. The amount of the fee is relatively small given the overall length of the event. This is due to the cooperation of OSFMI with city staff in organizing these events. Overall, the burden on the city taxpayer for this event is minimal. 10. The financial condition of the event organizer(s) — NOT MET • The OSFMI is organized as a 501 C(4) a nonprofit entity. The sole purpose of the organization is to operate the Farmers Market for the community's benefit. The market is attempting to limit the fees it charges potential vendors so as to make it cost-effective for them to sell their goods to Oshkosh residents. I am not aware that the market is in difficult financial condition. I do not believe that the financial condition of the market is such that this criteria is met. DATE: February 20, 2018 TO: Honorable Mayor and Members of the Common FROM: Mark A. Rohloff, City Manager SUBJECT: Request from BID Board for Waiver Of Extraordi Oshkosh Saturday Farmers Market BACKGROUND For several years, organizers of the Oshkosh Saturday Farmers Market Incorporated (OSFMI) have expressed concerns about the cost of extraordinary service charges from the city to operate the Farmers Market. Prior to 2011, the Farmers Market was located in the City Hall parking lot. Beginning in 2011, the Farmers Market relocated to the 400- 500 blocks of Main Street. Since that time, the Farmers Market has been assessed fees associated with providing extraordinary services, including traffic control, electrical usage, no parking signs, etc. Previously, the OSFMI has requested Council to waive these extraordinary service fees, but these requests have been denied. Recently, the Business Improvement District (BID) and OSFMI have discussed having the BID become the organizer of the downtown Farmers Market during the summer/fall season, and contracting with OSFMI to run it. The BID believes that there is a public benefit with the Farmers Market, and their desire is to maintain the market in its downtown location to create a sense of community and attract people to the downtown area. The BID believes that because of the overall benefit that the Farmers Market provides to the community, extraordinary service fees should be waived by the city. The attached letter from the BID indicates that they have spoken with the OSFMI about this arrangement, and the accompanying letter from OSFMI indicates that they are acknowledging that the downtown Farmers Market is now a BID event. While the BID is technically a city entity organized under state statutes, a waiver of fees for the special event permit or extraordinary services is not automatic. Other events of the city may be charged extraordinary service fees even if they are a city event. Given the fact that Council has previously denied requests to waive fees for OSFMI, I believe it is appropriate for Council to take up this waiver request even though the request now comes from the BID. ANALYSIS Section 5 —18 of the city's municipal code addresses the regulation of special events. Specifically, section 5 —18 (VII) (D) identifies 10 specific criteria that the Council may consider in granting a waiver of extraordinary charges. For Council's benefit, I will provide you with staff's findings for each of these criteria so that you may determine whether or not they warrant consideration of a waiver of fees. The criteria are as follows: 1. The Special Event's benefit to the quality of life to the City as a whole - MET • Farmers Markets are widely recognized as contributing to the quality of life in the community, so I believe this criteria has been met. The quality of life is enhanced by a Farmers Market because it provides a sense of place to the community, brings vibrancy to the area in which the market's is held, and offers local products to residents. All of these are recognized as positive contributors to overall quality of life. 2. The Special Event's financial benefit to the City as a whole — NOT MET • Special events such as the Farmers Market attract residents from the city and surrounding areas to the city. The attraction of this type of commerce provides an indirect economic benefit to the City of Oshkosh. However, it is arguable if it actually provides a 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 - MET • Farmers Markets have the ability to attract multiple target populations, so this criteria is generally met. Specifically, Farmers Markets are attractive to low income residents who cannot access local products near their homes. This is particularly beneficial in our central city, as the central city is categorized as a "food desert" due to the lack of a full-service grocery store in this area. The Farmers Market also attracts other target audiences, including families as well as other residents who generally do not frequent the central city. 4. The tradition of the event in the City — NOT MET • Although the Farmers Market does not have a long history in Oshkosh, the Oshkosh Farmers Market has quickly become an attractive event in the city, and is widely recognized as a good cultural event for the city. 5. The cultural and/or historical significance of the Special Event - MET • Although there is no specific historical significance to our current Farmers Market, Farmers Markets have historical significance in terms of connecting urban residents with their surrounding agricultural areas. That is essentially the purpose of a Farmers Market, and this connection gets reestablished with urban Farmers Markets. Furthermore, the cultural significance of the Farmers Market is widely known, as it attracts different groups that add to the cultural enrichment of our community. For these reasons, this criteria has been met. 6. Whether or not the Special Event provides services or functions that are traditionally organized or sponsored by other Cities or governments - MET • Farmers Markets throughout the state and country are organized by a variety of groups, but the most common organizer is typically a city government or a group such as a downtown business improvement district, such as our BID, which is technically an arm of the city. If the Farmers Market was organized by the city, the city would be hiring paid personnel, much like OSFMI already does. The existence of OSFMI means that the city does not need a separate organizational structure to manage the Farmers Market. The staff time associated with coordinating this special event is relatively minimal compared to the amount of time spent by OSFMI employees and volunteers. As a result, the city saves substantial costs by not having to coordinate or manage the Farmers Market. As a result, this criteria has been met. 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 - MET • I believe that this criteria has been met substantially. The organizers of the Farmers Market work closely with city departments, particularly the Police Department, in minimizing any problems that may arise in the course of operating the Farmers Market. Karlene and Dennis Leatherman, the organizers of the Farmers Market since its inception, have been conscientious in working closely with us to address concerns promptly. 8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event - MET • I believe that the fact that the BID itself is assuming ownership of Farmers Market and contract with OSFMI indicates the positive effect in the neighborhood. Additionally, the proximity of the Farmers Market to lower income areas immediately surrounding the downtown partially addresses the "food desert" that exists in the central city due to the lack of a full service grocery store. The availability of fresh produce, particularly for low income residents, is a key feature of the Farmers Market. This criteria is strongly met. 9. The financial burden the Special Event places on the City's taxpayers as a whole - MET • Even with the increased charges for special events that were recently approved by Council, the estimated total of the fee for this event is approximately $9,000 for the entire summer season. The amount of the fee is relatively small given the overall length of the event. This is due to the cooperation of OSFMI with city staff in organizing these events. Overall, the burden on the city taxpayer for this event is minimal. 10. The financial condition of the event organizer(s) — NOT MET • The OSFMI is organized as a 501 C(4) a nonprofit entity. The sole purpose of the organization is to operate the Farmers Market for the community's benefit. The market is attempting to limit the fees it charges potential vendors so as to make it cost-effective for them to sell their goods to Oshkosh residents. I am not aware that the market is in difficult financial condition. I do not believe that the financial condition of the market is such that this criteria is met. As far as special events goes, this event arguably meets as many as 7 of the 10 criteria established in section 5 —18 of the Municipal Code. The dilemma for Council is that, to date, no waivers for extraordinary services have been granted under this code. Even though the history of this ordinance/policy is relatively new, there has not been a discussion about what circumstances would be necessary for council to grant a waives One can assume that the ordinance was written with the expectation that Council mai grant a waiver at some time. It remains Council's prerogative to determine if this (or any special event) warrants a waiver of extraordinary service fees. In previous discussions, the BID leadership had indicated a possible willingness to consider a long-term arrangement in which the BID would contribute to the Parking Utility on a permanent basis as a show of good faith for this waiver. However, the BIL decided not to include this in the request, as they believe it would be mixing too man3 issues. With that said, the BID recognizes that the Council has the sole authority to approve the BID project plan and budget. I think it would be reasonable for Council tc express its expectation that the BID continue providing support for parking in the downtown area to support the city's efforts to provide public parking for businesses. Given the fact that the city essentially relaxes parking regulations on Saturdays for Farmers Market, I believe that one can reasonably link this payment for parking with the special event. If Council has any additional questions regarding the request from the BID and OSFMI, please contact staff. Respectfully submitted, Mark A. Rohloff City Manager TO: Honorable Mayor and Members of the Common Council FROM: Jeffrey Nau Associate Planner DATE: February 19, 2018 RE: Fee Waiver Request for the Oshkosh Saturday Farmers Market Per the request of Downtown Oshkosh Business Improvement District (BID) Chair Megan Lang and Vice -Chair Kris Larson, I have been asked to present this letter of support for the Oshkosh Common Council to waive all Special Event -related and extraordinary service fees for the Downtown Saturday Farmers Market. Beginning in 2018, the BID will contract with Oshkosh Saturday Farmers Market, Inc. (OSFMI), essentially becoming a BID event. OSFMI will continue to organize, promote and run the Downtown Summer Market from June through October each year. OSFMI will also continue to carry separate insurance for the event. With the impending implementation of the new Special Event and extraordinary service fee structure, more specifically increases to equipment charges and extraordinary services, the OSFMI has expressed concerns these increases will impact the financial viability of the Market. These cost increases will ultimately be passed onto the vendors with higher registration fees. One of the Market's key goals is to keep costs down to help promote participation of a variety of farmers, food artisans and crafters. Higher registration fees may discourage vendors from choosing to participate, threatening the quantity and quality of goods made available. Since moving from the City Hall parking lot to downtown in 2011, the Market has experienced tremendous growth. Over the past five years, the Market has been listed as one of the top 101 Farmers Markets in America. Each Saturday the market brings over 140 vendors and 10,000 people to the downtown. This not only benefits downtown businesses, but supports local farmers and entrepreneurs. The Market also positively impacts the quality of life for the citizens of Oshkosh by making the downtown a destination to enjoy a safe, family -friendly event. The BID envisions this new partnership with the Market will allow further growth and popularity of the Saturday Farmers Market for years to come. It is hoped that the Common Council recognizes the uniqueness of this event and the benefit it brings to the city and grants a fee waiver to the Special Event and extraordinary services fees. It is understood that if this fee waiver is granted, OSFMI will continue to follow the approval process through the Special Events Review Committee on an annual basis. Thank you for your consideration in this mater. R;K11 y submitted, i� Jeffrey Nau Associate Planner Megan Lang Chair, Downtown Oshkosh Business Improvement District Business Improvement District DOWNTOWN MARKET WINTER FnR�1:Rs NARK1'.T IN THE PARK FARMERS MARKET OSHKOSH OSHKOSH OSHKOSH Oshkosh Saturday Farmers Market Inc February 1, 2018 Downtown Oshkosh BID 120 Jackson St Oshkosh'WI 54901 Dear BID members The Board of Directors of the Oshkosh Saturday Farmers Market Inc fully understands that the Oshkosh Farmers Market Downtown is a BID event beginning June 2, 2018. The OSFMI, along with other sponsors, will continue to maintain Market in the Park and the Winter market. As a BID event, the OSFMI is able to keep prices for our vendors at an affordable level. Thank you all for you taking us on as one of your events. Michael J. Cooney OSFMI Board Chair 5391 County Rd. K. Oshkosh, '%154904 (920) 379-5556 www.OSFMUfflm 11 Oshkosh Farmers Markets