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
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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