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Code of Ordinances Amendment_Farmer's MarketMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Farmers' Market Ordinance DATE: March 12, 2012 Planning Services Manager Laura Carstens is transmitting an amendment to the ordinance that sets the conditions for the outdoor Farmers' Market around City Hall. The Farmers' Market has been located in the area around City Hall along Iowa Street. The Market area is bounded by 11th and 13th Streets and by Central Avenue and Main Street. The Farmers' Market supports the Sustainability Principle for Healthy Local Food. The following changes are proposed for Farmers' Market: • Extend the Market area south from 11th Street to 10th Street, as shown on the enclosed map. • Reflect the actual variety of items sold by expanding the list to include plants and items procured by local vendors. The amendment was prepared at the request of Dubuque Main Street, which manages the Farmers' Market. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Amendment to Farmers' Market Ordinance DATE: March 6, 2012 Dubuque * * * ** All AmericaAlly Fl 1101? 2007 Introduction This memo transmits an amendment to the ordinance that sets for the conditions for the outdoor Farmers' Market around City Hall. The ordinance showing the effects of amendment and a map of the proposed area expansion are enclosed. Discussion The Farmers' Market has been located in downtown Dubuque since 1845. The Market is held Saturday mornings, May 1 through October 31, in the area around City Hall along Iowa Street. The Market area is bounded by 11th and 13th Streets and by Central Avenue and Main Street. The Farmers' Market supports the Sustainability Principle for Healthy Local Food. Conditions for the Farmers' Market are set forth in the City Code, in Chapter 4 Central Market. The following changes are proposed for Farmers' Market: • Extend the Market area south from 11th Street to 10th Street, as shown on the enclosed map. • Reflect the actual variety of items sold by expanding the list to include plants and items procured by local vendors. The amendment was prepared at the request of Dubuque Main Street, which manages the Farmers' Market. The ordinance was reviewed with staff from Legal, Health Services, Planning Services, and City Manager's Office. Recommendation Staff recommends adoption of the enclosed amendment to the ordinance that sets for the conditions for the summer Farmers' Market. Enclosures cc: Mary Rose Corrigan, Public Health Specialist Dan LoBianco, Executive Director, Dubuque Main Street 1 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to: Kevin Firnstahl, City Clerk City Hall — 50 W. 13th Street, Dubuque IA 52001 563 589 -4120 ORDINANCE NO. 29 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 4 CENTRAL MARKET, SECTION 4 -4 -1 MARKET AREA DELINEATED BY EXTENDING THE SOUTH BOUNDARY OF THE MARKET AREA; SECTION 4 -4 -2 FARMERS' MARKET; DISPLAY OF MERCHANDISE BY PROVIDING FOR THE SALE OF GOODS WHICH HAVE BEEN RAISED, PRODUCED, PROCURED OR CRAFTED BY LOCAL VENDORS; AND SECTION 4 -4 -6 REVOCATION OF PERMIT BY REVOKING PERMITS FOR GOODS SOLD THAT WERE NOT RAISED, PRODUCED, PROCURED OR CRAFTED BY LOCAL VENDORS Section 1. City of Dubuque Code of Ordinances § 4 -4 -1 is amended to read as follows: Section 4 -4 -1. Market Area Delineated: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, will constitute and be known as the Central Market. Section 2. City of Dubuque Code of Ordinances § 4 -4 -2 is amended to read as follows: The Central Market will be a "farmers' market" as provided for in the Iowa administrative code and will be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any person, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which ORDINANCE NO. Page 2 29 -12 are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. Section 3.. City of Dubuque Code of Ordinances § 4 -4 -6 is amended to read as follows: In any case where it is found that items displayed, offered for sale or sold have not been raised, produced, procured or crafted by the local vendor, or have been processed, manufactured or crafted by the local vendor in violation of any city ordinance or permit agreement, the permit may be revoked by the city manager. Section 4. This Ordinance shall take effect on publication. Passed, approved and adopted the 19th day of March Attest: //FToo'lly Kevin ' i nstahl City Clerk , 2012. Roy D. uol, Mayor F:\ USERS \LCARSTEN \WP \COUNCIL \Farmers Market\ CentralMarketAmendment _030512.doc Effect of Amendments Section 4 -4 -1. Market Area Delineated: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of 1 Eleventh Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, shall will constitute and be known as the Central Market. Section 4 -4 -2. Farmers' Market; Display of Merchandise: The Central market shall will be a "farmers' market" as provided for in rule '181 30.2 of the Iowa administrative code and shall will be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any person, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. Section 4 -4 -6. Revocation of Permit: In any case where it is found that items displayed, offered for sale or sold have not been raised, produced, procured or crafted by the local vendor, or have been processed, manufactured or crafted by the local vendor in violation of any city ordinance or permit agreement, the permit may be revoked by the city manager. THE CITY OF DUB Masterpiece on the Mississippi Dubuque asimatcatty 11111.! 2007 nFarmers Market Boundary nProposed Farmers Market Area Expansion se Data Provided by Dubuque"County GIS Ith:1-1:1Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects\Proposed Farmers Market Boundary 03_05_12.mxd OFFICIAL such - -reguTatlon -and PUBLICATION I the limitations. and ORDINANCE NO. 2442' •Pro i itigris -set. forth ' AMENDING CITY OF he rnafter•, 'NW, Per- DUBUQUE CODE, OF , son, firm ;or torpor- ORDINANCES CHAP- I'ation may disAlakv, TER 4 CENTRAL offer for said or sell' on MARKET, SECTION 4- the streets 'or side - 4-1 MARKET AREA - wallas of the Central DELINEATED BY I Market, flowers,= EXTENDING 'THE. plants, arts, crafts or SOUTH BOUNDARY food items which have . OF THE MARKET i AREA; SECTION 4-4-2 'FARMERS' MARKET; DISPLAY OF MER- CHANDISE BY PROVIDING FOR THE SALE OF GOODS 1 WHICH HAVE BEEN RAISED, PRODUCED, PROCURED ■1OR' CRAFTED BY LOCAL VENDORS; AND SEC= TION 4-4-6 REVOCA- TION OF PERMIT BY REVOKING PERMITS FOR GOODS SOLD THAT WERE NOT RAISED, PRODUCED, PROCURED OR CRAFTED' ' BY LOCAL ' 'ENDORS Section 1. City of Dubuque Code of, Ordinances § 4 -4 -1 is crafted '.by, the local amended to' read as 6 .vendor in violation of follows: any !city 'ordinance 'or' Section 4 -4 -1. Market I permit ag'eement, the 'Area Delineated: ' i epermit may be 'revoked The property of the by the cifp manager. city adjacent to the' + • Section ' 4: This city . hall; together with Ordinance shall take suclw; parts of the effect on publication. '. streets and sidewalks I Passed, approved and • located within the area adopted this 19th' day bounded by the south of March, 2012. side of Tenth Street,! /s /Roy D. Buol, Mayor: the north side ' of Attest /s /Kevin S. Thirteanth Street, the Firnstahl; City Clerk AstIltide of Central Published officially in Avenue and the east tlhe., Telegraph Herald side of Main Street, h'e'vspaper on the 23rd and;such, distances on I,dayof Mardi, 2012. Iowa jSfreet between: /s /Kevin S. Firnstahl, Thirteenth and Four -I' • 7 City Clerk teenth Streets on both It 3/23 sides thereof as may- - be necessary for three (3) standard a_ uto' parking stalls, will constitute and ' be known as the Central Market Section 2. City of Dubuque Code of Ordinances § 4 -4 -2 is" amended to read as follows: The Central Market will be . a "farmers' market" as provided for in . the Iowa administrative code and will be subject to the rules relating thereto. Inspections may be conducted by the city 'manager who is under contract with ' the state department of inspections and appeals. Subject_ to been raised, produced, procured or crafted by the local vendor and which are displayed and sold at a -stall .for which a permit has been issued as provided for in this chapter., Section 3. City of Dubuque Code of Ordinances § 4 -4 -6 is - amended to read as follows:, In any, rase where it:is found 'that items displayed, offered for sale or, sold have not been raised, produced, procured or crafted by the Focal vendor, cr have been processed, Manufactured or STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 23, 2012, and for which the charge is $28.98. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, thisa� , day of �,� , 20 41,, . Notary Public in and for Dubuque County, Iowa. r MARY K, WESTERMEYER s Commission Number 154885