[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.
(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.