Park & Recreation Commission

AGENDA Park & Recreation Commission Meeting 4:00 PM - Monday, May 12, 2025 City Hall Council Chambers Page 1. CALL TO ORDER 1.1. Chairperson Welcome - I call to order the regular May 12, 2025, City of New Ulm Park and Recreation Commission meeting. 2. ROLL CALL 2.1. All commissioners and staff attending, please state your name and position. Chair welcomes guests. 3. APPROVAL OF AGENDA 3.1. Approval of Agenda - May 12, 2025 4 to approve or amend/approve the Agenda for the Regular Park and Recreation Commission meeting on May 12, 2025. Motion by _____________, seconded by _______________ Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 4. APPROVAL OF MINUTES 4.1. Approval of meeting minutes for Park and Recreation Commission Regular 5-7 Meeting on April 14, 2025. to approve or amend amend/approve the Park and Recreation Commission regular meeting minutes for April 14, 2025. Motion by ________, seconded by ___________ Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 5. CITY COUNCIL MEETING RECAP 5.1. CITY COUNCIL MEETING RECAP 8 to receive and order filed this City Council past action report. Motion by __________ and seconded by __________. Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 6. OLD BUSINESS 6.1. Park and Recreation Comprehensive Master Plan Update 9 - 13 to receive and order filed the Park and Recreation Master Plan update. Motion by __________ and seconded by __________. Page 1 of 27  Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 7. NEW BUSINESS 7.1. North Park Advertising Agreement (Scoreboards) 14 - 20 to recommend City Council approve proposed advertising agreement for the North Park Scoreboards between the City of New Ulm and New Ulm Junior Baseball Association. Motion by __________ and seconded by __________. Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 7.2. Hermannfest 2025 Requests 21 Motion by __________ and seconded by _________ to recommend the City Council offer a resolution and authorize the requests by the Hermann Monument Society for Hermannfest on Saturday, September 6, 2025 in Hermann Heights and Harman Parks. Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 7.3. Park and Recreation Donations 22 to recommend the City Council offer a resolution and waive the reading to accept the following donations offered to the City of New Ulm through the Park and Recreation Department for the identified purposes. Motion by __________ and seconded by __________. Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 8. REPORTS FROM COMMISSIONER AND STAFF 8.1. Commissioner Reports 23 to receive and order filed the Commissioner Reports. Motion by _____________, and seconded by _____________ Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 8.2. Department Activity Report 24 - 26 to accept and file the Park and Recreation Department Activity Report for April 2025. Motion by _______ seconded by _________ Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 8.3. Staff Report 27 to accept and file the Park and Recreation Department Staff Report. Motion by __________ and seconded by __________. Staff Report Park & Recreation Commission - 12 May 2025 - Pdf 9. DATE OF NEXT MEETING Page 2 of 27  9.1. Date of next meeting: June 9, 2025 at 4:00 pm (second Monday of each month). 10. ADJOURNMENT 10.1. With there being no further business, Chairperson declares the meeting adjourned. Please let Donitta Trebesch, Park and Recreation Department Administrative Assistant know if you plan to miss a meeting by calling 507-233-2121, ext 200 or emailing donittat@newulmmn.gov. Also, if you desire hard copies of materials please contact Donitta Trebesch. Meetings may be cancelled due to lack of items or quorum. Page 3 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 Meeting: Agenda Section: APPROVAL OF AGENDA May 2025 Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Donitta Trebesch Attachments: 0 Presented By: Carisa Buegler Item: Approval of Agenda - May 12, 2025 Proposed Action: to approve or amend/approve the Agenda for the Regular Park and Recreation Commission meeting on May 12, 2025. Motion by _____________, seconded by _______________ Board/Commission Recommendation: N/A Overview: N/A Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Page 4 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 APPROVAL OF Meeting: Agenda Section: May 2025 MINUTES Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Donitta Trebesch Attachments: 1 Presented By: Carisa Buegler Item: Approval of meeting minutes for Park and Recreation Commission Regular Meeting on April 14, 2025. Proposed Action: to approve or amend amend/approve the Park and Recreation Commission regular meeting minutes for April 14, 2025. Motion by ________, seconded by ___________ Board/Commission Recommendation: N/A Overview: N/A Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: Meeting Minutes 4-14-2025 Page 5 of 27  City of New Ulm Park and Recreation Commission Meeting Minutes Monday, April 14, 2025 4 p.m. City Council Chambers, City Hall, 100 N. Broadway, Main Floor 1. CALL TO ORDER – Chair Buegler called the March meeting to order at 4:00 p.m. 2. ROLL CALL Carisa Buegler Chair Present Amy Johnson Vice Chair Present Jim Jensen Commissioner Present Bev Luneburg Commissioner Present Dave Christian Council Rep/Commissioner Present Kurt Johnson Commissioner Present Jeff Gulden Commissioner Present Joey Schugel PR Director/Ex Officio Present Cheryl Kormann Assist PR Director/Ex Officio Present Journal/Press Absent 3. APPROVAL OF AGENDA 3.1 Motion was made by Gulden and seconded by Christian to approve the April 14, 2025 agenda. All voted in favor of the motion. Motion carried unanimously. 4. APPROVAL OF MINUTES 4.1 Motion was made by K Johnson and seconded by Jensen to approve the March 10 meeting minutes. All voted in favor of the motion. Motion carried unanimously. 5. CITY COUNCIL MEETING(S) RECAP – Director Schugel summarized the past month’s City Council Meetings and work sessions: March 18 2025 Regular – Prairie Lakes Grant acceptance for Concerts in the Park, Park and Recreation Master Plan Consultant Selection approved. April 1, 2025 Regular – Surplus items included in consent agenda were approved. 5.1 Motion was made by Christian and seconded by A Johnson to receive and order filed this city council past action report. All voted in favor. Motion carried unanimously. 6. OLD BUSINESS 6.1 Director Schugel updated the Commission on the next steps of the Park Master Plan. He announced the Kickoff Meeting with ISG is scheduled for April 15 and will include staff providing ISG with information related to our system, followed by multiple park visits and assessments of current parks and recreational facilities. A schedule will be provided to the Commission of this process and multiple opportunities for Commissioners to be involved. Commissioner Jensen made a motion to receive and order filed the Park and Recreation Master Plan update with K Johnson seconding. All voted in favor; motion carried unanimously. 7. NEW BUSINESS 7.1 Park and Recreation Donations – Gulden made a motion to recommend the City Council offer a resolution and waive the reading to accept the following donations offered to the City of New Ulm through the Park and Recreation Department for the identified purposes: 1. Partial donation to Rec on the Go New Ulm Public Schools $6,400 Program (80% of donation) Community Education Dept Page 6 of 27  2. Friends of German Park in memory Dan Beranek $25 of Joni Schugel 3. Pollinator Park Education Supplies & Isaak Walton $2,000 plantings 4. Archery Range Isaak Walton $3,000 Total $11,425 K Johnson seconded the motion. All voted in favor and motion was carried unanimously. 7.2 The BMX group is making their annual request for authorization of temporary overnight camping in South German Park near 3rd South Street for a BMX Minnesota State Qualifier Racing Event on the nights of May 29, 30, 31 and June 1 (Thursday through Sunday). Christian asked if the group would complete their project. Schugel responded the project would take place in the fall. Christian made the motion to recommend City Council authorize this request that was seconded by K Johnson. Motion carried unanimously. 8. REPORTS FROM COMMISSIONER AND STAFF 8.1 There were no Commissioner Reports 8.2 March Department Activity Report highlights • Maintenance staff approved a variety of contracts for upcoming season; wood fiber, aluminum picnic tables, resurfacing of Washington Park courts • Civic Center was incredibly busy with Figure Skating Show, State Bantam Hockey tournament and Dry floor shows. North Arena is flooded and we have ice again. • Gearing up for summer programming season, including recruitment and certifying 16 new lifeguards. Jensen made a motion seconded by A Johnson to receive and order filed the March activity report. All voted in favor. Motion carried unanimously. 8.3 Staff Report. Director Schugel highlighted additional items: • Middle and high school softball and baseball seasons are underway, using city facilities • Park facilities and restrooms are set to open by May 1; weather could result in an earlier opening. • Spring tree order is in process for plantings in a variety of parks, focused on those that lost many due to Emerald Ash Borer. About 30 plantings are expected. Schugel stated that our crew waters all trees, either by hand or by water bags. • Summer Program Registration opened April 9; some new and old favorites • Annual Easter Events are scheduled for April 18 and 19. New location for outdoor hunt at Harman Park. K Johnson made a motion seconded Gulden by to receive and order filed the report. All voted in favor. Motion carried unanimously. 9. DATE OF NEXT MEETING: May 12, 2025 4:00 p.m. City Hall Council Chambers 100 North Broadway 10. ADJOURNMENT: There being no further business, Vice Chair Johnson declared adjournment at 4:16 p.m. Respectfully submitted by: Cheryl Kormann, Assistant Director Page 7 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 CITY COUNCIL Meeting: Agenda Section: May 2025 MEETING RECAP Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Joey Schugel Attachments: 0 Presented By: Joey Schugel Item: CITY COUNCIL MEETING RECAP Proposed Action: to receive and order filed this City Council past action report. Motion by __________ and seconded by __________. Board/Commission Recommendation: N/A Overview: April 15 Regular Meeting -No Park and Recreation related items. May 6 Regular Meeting - Approved BMX Temporary Camping in South German Park. May 6 Regular Meeting -Accepted Park and Recreation Donations. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Page 8 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 Meeting: Agenda Section: May 2025 Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Joey Schugel Attachments: 2 Presented By: Joey Schugel Item: Park and Recreation Comprehensive Master Plan Update Proposed Action: to receive and order filed the Park and Recreation Master Plan update. Motion by __________ and seconded by __________. Board/Commission Recommendation: N/A Overview: 1. Master Plan Kickoff meeting was held April 15 with ISG and City staff. 2. In addition to meeting ISG spent two days assessing our parks and recreation system. 3. Staff submitted various documents and plans such as stakeholder lists, park master plans, and maintenance standards. 4. Updated schedule of deliverables attached. 5. Draft survey questions also attached. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: Master Plan Schedule (Updated) 2025-05-02 New Ulm Parks Draft Survey (003) Page 9 of 27  2025 2026 Schedule A M J J A S O N D J F M A PH AS E 1 : AS S E S S Park Trends + National Standards Demographic Analysis Plan, Survey, and Data Review Park + Facility Site Assessments Existing Conditions + Opportunities Summary City Staff Review PH AS E 2 : E N V I S I O N Guiding Principles + Vision Memorandum Prioritization Strategy 50% Master Plan Draft City Staff Review PH AS E 3 : I M PLE M E N T 90% Master + Implementation Plans Drafts Final Master Plan City Staff Review E N GAG E M E N T Website and Survey Launch and Monthly Updates Virtual, 30-Minute Bi-Weekly Core Team Check-Ins (23) Stakeholder Task Force Meetings (3) Deliverable Pop-Up Events (2) Meeting Staff Workshop (1) Page 10 of 27 Public Open House (1) Park Commission Meetings + Presentations (2) ISGInc.com City Council Meeting + Presentation (1) Scope of Work + Fee | 35 Move pop-up to later month Move to beginning of Phase 2: workshop - June or July with Parks Commission, P&Z, and Council New Ulm Parks and Recreation Master Plan Survey Questions May 5, 2025 1. Rank your priorities from most important to least important for the Park and Recreation System Master Plan. - Update existing facilities - Add new parks in underserved areas - Increase accessibility - Build community and develop partnerships - Expand recreation programming - Promote physical activity and wellness - Expand trails and improve connectivity - Increase community activities and events - Manage and preserve natural resources - Grow the trail system - Sustainability and resiliency initiatives - Other: _______________ 2. Please identify three park amenities that would most benefit the community: - Recreational fields (e.g. soccer, football) - Aquatic facilities (splash pad, pool) - Ball diamonds - Unique play areas (nature play, thematic playgrounds) - Community gathering areas (flexible open space for farmers markets, art festivals, etc.) - Improved trail systems and connectivity - Picnic Areas - Disc golf - Exercise Equipment - Permanent restrooms - Increased access to natural areas - Increased access to waterbodies (Cottonwood and Minnesota Rivers) - Other: ___________________ 3. On a scale of 1 to 5, using the below scale, how would you rate the following? 1 - Poor: The current conditions are unsatisfactory and need significant improvement. 2 - Fair: The current conditions are below average and require some improvements. 3 - Good: The current conditions are acceptable but could be enhanced. 4 - Very Good: The current conditions are above average and meet expectations. 5 - Excellent: The current conditions are outstanding and exceed expectations - Park maintenance, cleanliness, and general upkeep - Park safety and security - Quality of park amenities - Parks amenities meet the needs of the community I & S Group, Inc. | 7900 International Drive + Suite 550 + Bloomington, MN 55425 + 952.426.0699 1 Page 11 of 27 - Accessible amenities for limited mobility patrons - Distribution of parks (locations within the community) - Quality of recreation programs - Variety of recreation programs - Number and variety of community events in parks - Marketing and communication of programs and services - Support from the community and use groups 4. How often do you use parks and trails in New Ulm for the following activities? - Exercise (running, biking, walking, etc. ) o Daily o Weekly o Seasonally o Never - Activities for children and families o Daily o Weekly o Seasonally o Never - Play sports o Daily o Weekly o Seasonally o Never - Relax and hang out with friends and family o Daily o Weekly o Seasonally o Never - Connect with nature o Daily o Weekly o Seasonally o Never 5. What is something that the City of New Ulm’s Parks and Recreation does well? - Open response 6. What could be improved or added within New Ulm’s Parks and Recreation System? - Open response 7. Can you share your experiences with accessibility in our city's parks and recreational facilities? Please share any specific experiences, suggestions, or improvements you believe are necessary Architecture + Engineering + Environmental + Planning | ISGInc.com 2 Page 12 of 27  - Open response Respondent information 8. Please select which best describes your relationship to the City of New Ulm. - I am a City of New Ulm Resident - I am not a resident of New Ulm, but frequent the area for work or pleasure. 9. Please enter your email address if you would like to receive updates regarding the Park and Recreation System Master Plan project. - Open response Architecture + Engineering + Environmental + Planning | ISGInc.com 3 Page 13 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 Meeting: Agenda Section: May 2025 Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Joey Schugel Attachments: 1 Presented By: Joey Schugel Item: North Park Advertising Agreement (Scoreboards) Proposed Action: to recommend City Council approve proposed advertising agreement for the North Park Scoreboards between the City of New Ulm and New Ulm Junior Baseball Association. Motion by __________ and seconded by __________. Board/Commission Recommendation: N/A Overview: 1. The City of New Ulm has advertising agreements with a number of local association, examples include NUSE Hockey and New Ulm Baseball Association. 2. Each advertising agreement includes standard format and verbiage approved by the City Attorney but is also unique to the type of advertising and facility that the advertising takes place. 3. This agreement would allow New Ulm Junior Baseball to pursue advertising on the base of the three scoreboards on fields #1, #2, and #3 at North Park youth baseball complex. 4. The proposed agreement would allow for New Ulm Junior Baseball to retain 90% of sponsorship dollars with the City receiving 10%. 5. The shared percentages factored in New Ulm Junior Baseball fully funding three new scoreboards at North Park totaling $21,762.00. NUJBA has been awarded a twins grant for $15,000 and will cover the difference of $6,762. 6. Proposed agreement would take effect on January 1, 2026 for a term of three years expiring December 31, 2028. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: Attachments: NUJBA Advertising Contract 2025 Page 14 of 27  AGREEMENT FOR THE DELEGATION OF ADVERTISING SALES ON NORTH PARK SCOREBOARDS THIS AGREEMENT (“Agreement”) is entered into this 21st day of May, 2025, by and between the City of New Ulm, a municipal corporation under the laws of the State of Minnesota (“Lessor”), and New Ulm Junior Baseball Association (“Lessee” or “NUJBA”), collectively, the “parties.” WHEREAS, Lessor, acting though the City of New Ulm Parks and Recreation Department, owns North Park Baseball fields; and WHEREAS, the Parks and Recreation Department operates a North Park Advertising Program within the three ball parks; and WHEREAS, the Parks and Recreation Department desires to hire services to provide creative, professional advertising signage promoting businesses and organizations; and WHEREAS, the City of New Ulm wishes to delegate to NUJBA specific authority to serve as agent for the purpose of arranging the sale of advertising space for North Park Baseball Fields. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Term. The term of this Agreement shall commence January 1, 2026 and expire December 31, 2028 (the “Initial Term”). 2. Fee. For the Initial Term of this Agreement, Lessee shall pay Lessor a commission in the amount of ten percent (10%) each year of gross sales for the exclusive right to sell, arrange for, and contract for advertising on North Park Baseball Fields Scoreboards. Lessor shall pay the Total Fee amount for each Term on September 1st and include an accounting of all sales. Lessor may renegotiate the percentage increase after the completion of the first Renewal Term by providing written notice of such increase to Lessee at least sixty (60) days prior to the date of expiration of the Renewal Term then in effect. 3. Renewal. This Agreement will automatically renew on three-year term. Should either party desire to terminate this Agreement, the terminating party shall provide written notice at least sixty (60) days prior to the date of expiration of the term then in effect. 4. Scope of Authority. Lessor delegates the exclusive right to NUJBA to sell, arrange for, and contract for the advertising defined herein in the North Park Baseball field scoreboards during the term of this agreement, subject to the standards and limitations provided by Lessor and as described herein. NUJBA may sell and display new or additional advertising commencing January 1, 2026 and throughout the term of this Agreement. 1 Page 15 of 27 5. Advertising Design and Signage Location. The advertising logo(s) and design(s) shall be provided by the Lessee and subject to the approval of the Lessor. The Lessor will not unreasonably withhold its approval of any design summitted by Lessee, however, Lessor reserves the right to approve all advertising prior to installation and set standards for the substance and appearance of any logo, design, advertisement, or sign pursuant to this Agreement. Lessee shall sell advertising only within North Park Baseball Field Scoreboards. 6. Advertising Expenses. All expenses related to advertising material(s) and/or sign(s) (including but not limited to, advertising design, sign artwork, sign installation, and sign maintenance and upkeep) shall be borne exclusively by the Lessee. 7. Lessor’s Right to Cover. Lessor reserves for itself the right to temporarily cover any affixed signs, logos, and/or advertisements as necessary or convenient to meet Lessor’s contractual requirements of other renters. 8. Installation and Removal. Lessor reserves for itself the authority to approve specific placement of all advertising during the term of this agreement and shall be responsible for installation and removal of all advertising at the expiration of the agreement. Lessor reserves the right to install additional amenities, including but not limited to fences, video screens, digital message boards, and facility naming rights signage, within North Park Baseball Fields that may limit advertising locations for Lessee’s advertisers without providing compensation for lost space and advertising revenue. 9. Assignment. Lessee may not Assign this Agreement, or any rights or privileges contained herein, without the written consent of Lessor. 10. Subletting. Lessee may not sublet signage locations. 11. Termination. This Agreement may be terminated pursuant to the following: Either party may terminate this Agreement at any time during the term of this Agreement by providing the other party with 60 days’ written notice of intent to terminate. If it is determined a party has violated a term of this Agreement, such termination shall be permitted only after receiving written notice of such violation and the party is given 30 days to cure the violation. In the event the violation is not cured, this Agreement may be terminated. In the event such violation is cured, this Agreement shall not be terminated. 12. Indemnification. Lessee shall indemnify, protect, save, hold harmless and insure Lessor, and its respective officers, directors, employees and members and agents, from and against any and all claims and demands for, or litigation with respect to, all damages, including expenses, reasonable attorneys’ fees, and costs of alternative dispute resolution, which may arise out of or be caused by Lessee or its agents, employees, contractors, with respect to Lessee’s actions under this Agreement. 2 Page 16 of 27  Lessee shall defend Lessor against the foregoing, or litigation in connection with the foregoing, at Lessee’s expense, with counsel reasonably acceptable to Lessor. Lessor, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of Lessor. All indemnification obligations shall survive termination of this Agreement, provided that the incident giving rise to the indemnification obligation must have occurred during the term of this Agreement. 13. General Terms. a. No Public Forum. The parties agree that the City of New Ulm, in permitting NUJBA to sell and install advertising at North Park Baseball Field Scoreboards, is not creating a forum for public speech protected by the United States or Minnesota constitutions. In furtherance of the City of New Ulm’s objectives of minimizing chances of abuse, appearance of favoritism, and risk of imposing on a captive audience, Owner hereby reserves the right to reject any banner, sign, or other advertising media that it deems inappropriate or offensive, and expressly prohibits the display of political signage in any portion of the Park areas or its grounds. This prohibition includes any materials endorsing or promoting or otherwise related to candidates for political office or political parties. b. Mechanic’s Liens. Lessor hereby covenants and agrees that the Lessor will not permit or allow any mechanic’s or materialman’s liens to be placed on the Lessor’s interest in the Main Scoreboard during the term hereof for labor performed or material supplied in connection with any work or improvements performed or caused to be performed by the Lessee. Notwithstanding the forgoing, however, in the event any such lien shall be so placed on the Lessor’s interest, the Lessee shall take all steps necessary to see that it is removed within thirty (30) days of its being filed; provided, however, that the Lessee may contest any such lien provided the Lessee first provides adequate security protecting the Lessor against such lien. c. Attorney’s Fees. If any action at law or in equity shall be brought by Lessor on account of any breach of this Agreement by Lessee or for the recovery of the possession of the Scoreboards, Lessor shall be entitled to recover from Lessee reasonable attorney’s fees, the amount of which shall be fixed by the Court and shall be made a part of any judgment or decree rendered. d. Notices. The parties’ representatives for notification for all purposes are: Lessor: City of New Ulm Name: Joey Schugel Position: Parks & Recreation Director 3 Page 17 of 27  Address: 122 S. Garden St. New Ulm, Minnesota 56073 Phone: 507-233-2121, ext. 202 Lessee: NUJBA Name: Scott Haime Position: President Address: P.O. Box 891, New Ulm, MN 56073 All communications, demands, notices, or objections permitted or required to be given or served under this Agreement shall be in writing and shall be deemed to have been duly given or served if delivered in person to the party or its authorized agent or if deposited in the mail. Any party may change its address by giving notice in writing, stating its new address, to any other party as provided in the foregoing manner. e. No partnership, Joint Venture, of Fiduciary Relationship. Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between the Lessee and Lessor. f. Modification/Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by authorized representative of the parties. g. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5, the Lessee agrees that the Lessor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Lessee and involve transactions relating to this Agreement. Lessee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. h. Compliance with Laws. Lessee shall abide by all Federal, State, and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or otherwise. i. Governing Law. This Agreement shall be deemed to have been made and accepted in Brown County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of this Agreement without regard to its choice of law or conflict of laws principles. 4 Page 18 of 27 j. Data Practices. The parties acknowledge that data collected pertaining to this Agreement is subject to the requirements of Minnesota’s Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. k. No Waiver. Any party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party. l. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. m. Entire Agreement. These terms and conditions constitute the entire agreement between the parties regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Agreement. n. Recording. This Agreement shall not be recorded by the parties. [Signature page to follow] 5 Page 19 of 27 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LESSOR: LESSEE: CITY OF NEW ULM PARK AND NEW ULM JUNIOR BASEBALL RECREATION ASSOCATION By_____________________________ By___________________________ Joey Schugel, Its Park and Recreation Director Scott Haime, Its President Date____________________________ Date__________________________ 6 Page 20 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 Meeting: Agenda Section: NEW BUSINESS May 2025 Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Joey Schugel Attachments: Presented By: Joey Schugel Item: Hermannfest 2025 Requests Proposed Action: Motion by __________ and seconded by _________ to recommend the City Council offer a resolution and authorize the requests by the Hermann Monument Society for Hermannfest on Saturday, September 6, 2025 in Hermann Heights and Harman Parks. Board/Commission Recommendation: Overview: 1. HMS, President Tom Furth, is again requesting to host Hermannfest free community celebration on the Saturday after Labor Day, September 6, 2025 in Hermann Heights and Harman Parks. 2. An approximate fifteen-minute professional fireworks discharge is planned to be conducted by the Erv Haman firm RES Specialty Pyrotechnics of Belle Plaine MN, who has conducted each of the past eleven discharges over Hermann Monument in 2024, 2023, 2022, 2021, 2019, 2018, 2017, 2016, 2015, 2014, 2013 and 2009. 3. The New Ulm Battery is planning cannon fire in the parks to include Thunder in the Valley and 1812 Overture with the New Ulm Municipal Band. 4. A fireworks permit will be applied for with the Fire Chief. 5. HMS is coordinating with the Park and Recreation Director regarding use and protection of city property and facilities in the two parks. 6. The noise variance is not required for the amplified live music between 10:00 p.m. and 12:00 a.m., the end of the celebration, because of HMS’s non-profit status. 7. All emergency services, road authorities and the airport will be contacted. 8. HMS is requesting Brown County temporarily close the Center Street hill (County Highway 13) during the fireworks discharge. 9. Certificates of liability insurance coverage will be obtained from HMS and RES Specialty Pyrotechnics. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: 1. HMS will pay normal Park and Recreation fees for facility reservation rentals. 2. There is $15,000.00 in the 2025 City budget which will cover the cost of the fireworks discharge. Page 21 of 27 City of New Ulm Request for Park & Recreation Commission Action Park & Recreation Commission - 12 Meeting: Agenda Section: NEW BUSINESS May 2025 Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Donitta Trebesch Attachments: 0 Presented By: Joey Schugel Item: Park and Recreation Donations Proposed Action: to recommend the City Council offer a resolution and waive the reading to accept the following donations offered to the City of New Ulm through the Park and Recreation Department for the identified purposes. Motion by __________ and seconded by __________. Board/Commission Recommendation: N/A Overview: Recreation and Wellness Allina Health, New Ulm 1. $500.00 Day Medical Center Physicians Group of New AED and Outdoor 2. Ulm and Allina Health $2,450.00 Cabinet for North Park Foundation Total 2,950.00 Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Page 22 of 27 City of New Ulm Request for Park & Recreation Commission Action REPORTS FROM Park & Recreation Commission - 12 Meeting: Agenda Section: COMMISSIONER AND May 2025 STAFF Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Donitta Trebesch Attachments: 0 Presented By: Carisa Buegler Item: Commissioner Reports Proposed Action: to receive and order filed the Commissioner Reports. Motion by _____________, and seconded by _____________ Board/Commission Recommendation: N/A Overview: N/A Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Page 23 of 27 City of New Ulm Request for Park & Recreation Commission Action REPORTS FROM Park & Recreation Commission - 12 Meeting: Agenda Section: COMMISSIONER AND May 2025 STAFF Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Donitta Trebesch Attachments: 1 Presented By: Joey Schugel Item: Department Activity Report Proposed Action: to accept and file the Park and Recreation Department Activity Report for April 2025. Motion by _______ seconded by _________ Board/Commission Recommendation: N/A Overview: N/A Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: April 2025 Activity Report Page 24 of 27  PARK AND RECREATION DEPARTMENT ACTIVITIES APRIL 2025 REPORT Parks Crews performed routine maintenance; installed outdoor nets for volleyball, tennis and pickleball, prepped stick ball fields for games, opened parks, including water service installation and seeded grass in stump removal locations. 30 tree were planted; 13 in Washington alone. Work started on the German Park fountain and North Park splash pad in preparation for the upcoming season. The Department offered their annual Easter Egg Hunt in Harman Park. We estimate over 700 attended this free event between the 260 youth and adults. Herbie’s Hangout kids (the department’s after school program participants) planted a tree in Lincoln Park on April 22 to celebrate Arbor Day. Ms. Kathryn from the New Ulm Public Library also attended and read a story to the kiddos about trees. The students helped clean up the park as part of Earth Day. Civic Center Several Youth Archery programs were offered in the South Arena throughout April as well as the Annual Garage sale with large turnout and the ECFE Family Fun Fair was held to provide resources and information to families with second graders and younger. Crews re-installed ice in the North Arena and several traveling hockey programs utilized it, along with the New Ulm Figure Skating Club for lessons. Open hockey and skating times were offered. There are 147 punch cards in circulation. Community Center 600 N. German St. There were roughly 2,800 meals reheated at the Community Center over 20 days in March. Approximately 54 percent of the meals were delivered to neighboring communities. Other activities taking place in the facility include senior programming, Cheer practice, ARS activities, the EDA Childcare Provider Training and several private rentals. Youth and adult pottery classes were held. Recreation Center 122 S. Garden St. Type This Last Dif There are 278 members with 24/7 access. April Transaction month month Summary: $65,808.29 in credit card transactions, $4,126 in Insurance 1,140 1,053 +87 cash, $39,146.85 in checks and $99.00 in gift cards. Members checked in about 11,428 times during April and there were Annual 819 798 +21 around 1,862 general daily admissions. Approximately 1,420 3-month 275 376 -101 attended fitness classes. Monthly 802 756 +46 Punch cards 3,291 3,275 +16 The Department teamed up with Allina health to offer an open Totals 6,258 6,258 +69 house at the Rec Center April 6. Three community groups participated (ARS, Pollinator Group, Bicycle Club) sharing information on their organizations. FREE admission and pickleball demos, swimming assessments, bounce houses and Rec on the Go. About 250 people attended the event. Another free event will be held September 13 that will focus on community recreation and wellness. The pool Eggstravaganza was held April 18; around 70 youth attended, plus adults. Programs – We partnered with the Lake Crystal Area Recreation Center to offer paddleboard Yoga. This is where large paddle boards are placed in the pool and yoga poses are performed. It is a test in balance and strength. We offered a Water Safety Instructor Cert class where 7 new instructors were certified. Administration City Council; Department Heads After Council meetings; Park and Recreation Commission; Department Management Team Monthly Meeting; Heart of New Ulm, KNUJ monthly radio show; MMUA monthly Page 25 of 27 safety training; Hermann Monument Society; Emergency Management Committee; United Way Board, Community Education Advisory Board, HONU Committee and worksite wellness committee, MRPA Board Meeting; MRPA Programming Committee, MRPA Mentorship Meeting and Tour; CAST Board, CASHS/SRTS Action Team; Southern MN Recreation and Parks Association meeting; NUCAT Park and Recreation Department update; Park and Recreation Master Plan Kickoff Meeting with ISG; Meeting with Volunteers for the Riverside Environmental Learning Center; History Center meeting at Johnson Park. Staff attended the first MRPA Day on the Hill at the Minnesota State Capital to further promote the impacts of parks and recreation in Minnesota and also took the opportunity to provide local representatives with updates and impacts for parks and recreation in New Ulm. Staff also attended and presented the Gary Wiltscheck memorial bench at the dedication in German Park. Registration for summer programs opened April 9. We offered a Water Safety Instructor Cert class where 7 new instructors were certified. Page 26 of 27 City of New Ulm Request for Park & Recreation Commission Action REPORTS FROM Park & Recreation Commission - 12 Meeting: Agenda Section: COMMISSIONER AND May 2025 STAFF Resolution: N/A Originating Department: Park & Rec Ordinance: N/A Prepared By: Joey Schugel Attachments: 0 Presented By: Joey Schugel Item: Staff Report Proposed Action: to accept and file the Park and Recreation Department Staff Report. Motion by __________ and seconded by __________. Board/Commission Recommendation: N/A Overview: 1. Lincoln Pickleball Courts had some warranty work on the court surface completed. 2. Harman Park is being used for 12U Youth Soccer for the spring/summer season. 3. Volunteer agreements for the Riverside Environmental Learning Center and Keisling Park are active. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Page 27 of 27