[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007; Ord. No. 10087, § 1, 8-16-2012]
There is hereby established as a municipal marketplace the Kirkwood Farmers' Market ("Market"), on Block A, Original Town of Kirkwood.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007]
The Executive Director of the Kirkwood Junction Special Business District ("SBD") shall appoint a Market Master to serve at the will of the Downtown Kirkwood Special Business District Advisory Commission ("Commission"), and at such compensation as shall be determined from time to time by the Commission. This position reports to the Executive Director.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007]
The Market Master shall have the following duties and such other duties as may be incidental thereto:
(1) 
Solicitation and selection of vendors for the Market. Assign vendor spaces.
(2) 
Supervise the operation and maintenance of the Market.
(3) 
Enforce provisions of the vendor agreements and the operating rules of the Market.
(4) 
Arbitrate disputes between vendors and between vendors and the public.
(5) 
Maintain and control supplies necessary for the operation of the Market.
(6) 
Plan and execute marketing and special events with assistance from the Kirkwood Farmers' Market Advisory Committee ("KFMAC").
(7) 
Order the removal of any goods, wares or merchandise from the Market when the sale of such items appears to be detrimental to the public health or in violation of the rules and regulations of the Market or in violation of the vendor's agreement for use of Market facilities.
(8) 
Any decision of the Market Master may be appealed to the KFMAC by any aggrieved person. The KFMAC will make a recommendation to the Commission. The Commission's decision will be final.
(9) 
Maintain records of all income received from the Market and forward them promptly with receipts to the Director of Finance for deposit in the SBD revenue accounts.
(10) 
Annually review and, if necessary, revise form of rental agreement for use in renting Market facilities as required. Negotiate terms and conditions of rental agreement and prepare draft contracts. Revised form of rental agreement and draft contracts must be reviewed and approved by the City Attorney. The form of rental agreement shall be approved by the Executive Committee of the Commission (Chairperson, Treasurer and Secretary). Material changes to a lease agreement affecting the terms and conditions of the draft rental agreement shall be reviewed with each affected vendor prior to review and approval by the City Attorney. Nonstandard lease agreements shall be approved by a majority vote of the Commission.
(11) 
Prepare draft annual budget depicting anticipated income and expenditures on a line item basis for the fiscal year beginning April 1 and ending March 31. Review draft budget with the Executive Director.
(12) 
Periodically review and recommend changes to the Executive Director and Commission for rules and regulations governing Market operations. Discuss recommended changes with KFMAC and submit their comments to the Executive Director and Commission for their consideration.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 8106, § 1, 2-6-1992; Ord. No. 9040, § 1, 6-7-2001; Ord. No. 9723, § 1, 12-6-2007; Ord. No. 10012, § 1, 5-19-2011; Ord. No. 10086, § 3, 8-16-2012]
(a) 
Appointment; quorum; officers and responsibilities. The Commission shall nominate a committee of five persons, three of whom shall be residents of the City, and not more than two shall be members of the Downtown Special Business District Advisory Commission. The City Council shall approve such nominees to be known as the Kirkwood Farmers' Market Advisory Committee ("KFMAC") to serve for a term of three years and shall report to the Market Master. KFMAC members can serve not more than two consecutive terms, providing they are nominated for reappointment by the SBD and approved by the City Council. A majority of such number shall constitute a quorum for the transaction of business. The Committee shall elect a Chairman and Secretary and such other officials as it may deem desirable. The Committee shall:
(1) 
Act as a sounding board for the community, communicating the extent to which the Market is meeting the needs of citizens, visitors and the business district and report findings and recommendations to Market Master.
(2) 
Review Market Master's proposed changes to rules and regulations governing Market operations and submit comments to Market Master.
(3) 
Review applications for rental of Market space and submit any recommendations for acceptance, acceptance with modifications, or rejection to the Market Master.
(4) 
Assist the Market Master in an annual review of the proposed composition of Market vendor mix and rental rates for use of Market facilities and submit recommendations to Market Master for approval by the Executive Director and the Commission. Vendor leases/contracts shall be executed by the Executive Director upon standing or explicit authority of the Commission. No member of the KFMAC shall negotiate terms or conditions of vendor leases/contracts, purchase agreements or any other agreement obligating the City of Kirkwood or SBD to provide remunerations or services to any other party.
(5) 
Analyze future use opportunities for Market facilities/property and make recommendations to Market Master. Recommendations will be reviewed by Market Master and Executive Director and may be incorporated into a strategic plan of the SBD for review and approval of the Commission. Recommendations requiring a change of use, capital expenditure or expansion will require City Council review and approval.
(6) 
Review and make recommendations to the Market Master regarding the use, maintenance and improvement of the "Commons," which term shall be used to describe the following area: Starting at the intersection of the south right-of-way line of Argonne Avenue and the west right-of-way line of Taylor Avenue. Then southwardly along the Taylor Avenue right-of-way line to its intersection with the north right-of-way line of the Union Pacific Railroad. Then westwardly along the railroad right-of-way line to its intersection with the east right-of-way line of Kirkwood Road. Then northwardly along the Kirkwood Road right-of-way to its intersection with the south right-of-way line of Argonne Drive. Then eastwardly to its point of beginning; excluding the area designated as "permit parking" in § 14-334 of the City of Kirkwood Code of Ordinances.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Meetings. The Kirkwood Farmers' Market Advisory Committee (KFMAC) shall meet no less than two times a year with one meeting being the fall after the closure of the Market and one in the spring prior to the opening of the Market. All meetings shall be open to the public except those specifically closed pursuant to state law. The times and places of such meetings shall be posted in the manner provided for all boards, commissions and committees of the City. Members of the KFMAC may be asked to resign their seat if they are absent from three consecutive unexcused meetings. A member of the Kirkwood Farmers' Market Advisory Committee, elected annually by a majority of the KFMAC members, may serve as Chair for no more than two consecutive years.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007]
Any recommendation of the KFMAC may be appealed to the Commission by an aggrieved party.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007]
The SBD shall enact a budget and the City Council shall approve the budget and make appropriations for each fiscal year for the Market. Such appropriations may be amended from time to time by the SBD with approval by the City Council. Such budget and appropriations are part of the SBD's general budget and appropriations made for the SBD.
(a) 
Supplemental appropriations. If during the fiscal year the SBD certifies that there are available for appropriation current revenues in excess of those estimated in the budget, or an unencumbered balance from the previous fiscal year in excess of the amount estimated in the budget, or the requirement for additional expenditures not anticipated in the budget, the Council, by ordinance, at the request of the SBD, may make supplemental appropriations for the year up to the amount permitted by law and this Code.
(b) 
Reduction of appropriations. If at any time during the fiscal year it appears probable to the Executive Director that the revenues available will be insufficient to meet the amount appropriated, it shall be reported to the SBD, and after the SBD's concurrence, reported to the Council without delay. The SBD or its Executive Director shall indicate the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The SBD shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may request the Council to reduce appropriations by ordinance.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 9723, § 1, 12-6-2007; Ord. No. 10087, § 1, 8-16-2012]
The Director of Finance shall establish separate accounts for receipts and expenses of the Market. Any excess of receipts and expenses shall be added to and become a part of the SBD's fund balance. Services rendered by other City departments, at the request of the SBD or its staff, to the market may be charged against the accounts of the Market upon request of the department furnishing such services. The Commission shall annually designate those employees authorized to execute leases, purchase goods or services on the City's credit cards, or approve purchase requisitions.
The Executive Director shall authorize payment for expenditures made in payment of budgeted line items appropriated by the Council, providing that the Commission has designated and approved such signatory authority to the Executive Director during the current fiscal year but prior to any payment authorizations.
The Executive Director may authorize the transfer of unencumbered surpluses from one account to another within the accounts of any SBD department, provided that no such transfers shall exceed such sum as may be established by ordinance from or to any account within the fiscal year unless such transfer is authorized by ordinance, providing that the Commission has designated and approved such signatory authority to the Executive Director during the current fiscal year but prior to any transfer authorizations.