Fiscal Note
No City appropriation required.
Title
Repealing Section 9.12, repealing and recreating Section 33.17 to combine the Vending Oversight Committee and Economic Development Committee into the new Business and Economic Resources Committee (BERC), and updating references throughout the Madison General Ordinances.
Body
DRAFTER’S ANALYSIS: This ordinance combines the Vending Oversight Committee (VOC) and Economic Development Committee (EDC) into one Committee, called the Business and Economic Resources Committee or BERC. The BERC will exercise the same duties as these two existing committees. The new committee will have 11 voting members: one downtown alder, two alders from other districts, one mayoral designee and 7 residents with relevant knowledge and experience. BERC will conduct the business of the former VOC, such as approving vending maps, Mall/Concourse food cart review results, and recommending special regulations for vending on State Street and the capital concourse and Camp Randall high density areas. Other than transferring the VOC’s duties to BERC, this ordinance does not change any street vending rules or procedures.
Similarly, BERC will conduct the business of the former EDC. The only notable change is that the EDC reviewed a comprehensive economic development plan every 4-5 years, and BERC will do so at least once every 10 years. BERC must receive and consider an Economic Development Plan prepared by EDD staff that identifies policies, programs, and projects needed by the City to promote a healthy economy, which will then be submitted to the Common Council for approval.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 31.17 entitled “Economic Development Committee” of the Madison General Ordinances is repealed and recreated as follows:
“33.17 BUSINESS AND ECONOMIC RESOURCES COMMITTEE
(1) There is hereby created for the City of Madison a committee to be known as the Business and Economic Resources Committee (“BERC.”).
(2) Duties. The Business and Economic Resources Committee shall:
(a) Promote a healthy economy in which businesses can locate, open and expand, and in which all residents have access to living wage jobs and the ability to build generational wealth.
(b) Promote economic investment throughout the City, including but not limited to, supporting small business development.
(c) Make recommendations regarding all forms of street vending, food carts and trucks, arts and crafts vendors, sidewalk cafes, roadway cafes, merchant vendors and all other street vending types regulated in Sections 9.13, 9.135, and 9.136 of these Ordinances, and regarding permits for Table, Expressive Vending, and Mobile Sales of Expressive Speech Items regulated by Section 9.54 (collectively, “Street Vending”);
(d) Act on matters of the Committee’s jurisdiction regarding Street Vending, where such duties are expressly set forth in Secs. 9.13, 9.135, 9.136, the regulations promulgated thereunder, and Sec. 9.54, including license suspension and revocation hearings, appeals, and other proceedings described in those ordinances and regulations;
(e) Consider and provide recommendations regarding proposed ordinance changes under the Committee’s jurisdiction, and other regulatory changes for which the Committee is the final decision maker as set forth in the Street Vending ordinances and the regulations adopted thereto.
(f) Ensure a venue for public input into the regulation of Street Vending within the City, including an avenue for Street Vending license holders to express their concerns and needs and provide feedback on proposed ordinance and regulation changes.
(g) Designate at least one (1) voting member to serve on the Food Vending Review Panel during the annual Fall Food Cart Review described in Section IV.B. of the Regulations Governing Vending on the State Street Mall/Capitol Concourse authorized by sec. 9.136(1)(c).
(h) Make recommendations to the Mayor and the Common Council regarding business, real estate, economic development, workforce development; and any other matters assigned or referred to the Committee.
(i) At least once every ten (10) years, receive and consider an Economic Development Plan (“ED Plan”) prepared by Economic Development Division staff, that identifies policies, programs, and projects needed by the City to promote a healthy economy. After review and revision by the Committee, the ED Plan shall be submitted to the Common Council for approval. The ED Plan should include:
1. Current business, real estate, and demographic data.
2. An evaluation of current City policies, programs, and projects related to economic development.
3. Recommendations for new programs or changes to existing programs, policies, and projects needed to achieve the City’s economic development goals.
(j) Provide the community with a public forum for information sharing and discussion about the work of the City’s Economic Development Division.
(3) Composition.
(a) Members. The Committee shall consist of eleven (11) voting members: one (1) Mayor Designee, one (1) Alderperson from a Downtown Aldermanic District, two (2) Alderpersons from Aldermanic Districts elsewhere in the City, and seven (7) Resident Members with knowledge and/or experience related to business, real estate, or workforce development.
(b) Appointment, Term. The Mayor shall appoint all voting and non-voting members, subject to confirmation by the Common Council, with the exception of the Mayor Designee who shall serve at pleasure of the Mayor.
1. Initial Member Terms. When members are first appointed after adoption of this ordinance, three (3) of the Resident Members shall be appointed to an initial term that concludes on April 30, 2029, two (2) Resident Members shall be appointed to a term that concludes on April 30, 2028, and two (2) Resident Members shall have an initial term commencing upon the creation of the Committee and concluding on April 30, 2027.
2. As the initial terms for the members listed in sub. 1. expire, members appointed to replace them shall be appointed to three-year terms expiring on April 30 on the third year following appointment.
3. The Alderpersons’ terms shall begin and end on the third Tuesday of every April as required by sec. 33.01(6)(a).
4. The Mayor Designee shall serve at the pleasure of the Mayor, with a term ending with the Mayor’s term in office.
5. Any vacancies shall be filled by the Mayor, subject to approval of the Common Council, for a term filling out the remainder of the vacated member's term.
(c) Officers, Staff. A Chairperson and Vice Chairperson shall be elected annually by the voting members of the Committee no later than June 30th of each year, as required by sec. 33.01(7)(a). The Committee shall be staffed by the Economic Development Division Director, or their designee.
(d) Quorum. The quorum shall be determined according to Sec. 33.01.
(4) Rules of Procedure. The Committee shall meet once a month. The Committee may adopt rules of procedure which may from time to time be amended by the Committee, including those necessary to fulfill obligations relating to street vending and street vending licenses under MGO sections 9.13, 9.135, 9.136 and 9.54. The Committee may create one or more subcommittees as authorized by MGO section 33.01.”
2. Section 9.12 entitled “Vending Oversight Committee” of the Madison General Ordinances is repealed.
3. The Office of the City Attorney is directed to make changes throughout the Madison General Ordinances to replace references to section 9.12, the Vending Oversight Committee, and references to the Economic Development Committee with references to section 33.17 and the Business and Economic Resource Committee.
EDITOR’S NOTE:
Section 9.12 entitled “Vending Oversight Committee” of the Madison General Ordinances currently reads as follows:
9.12 VENDING OVERSIGHT COMMITTEE.
(1) Creation. The Common Council finds that it is in the public interest, effective May 31, 1998, that the Mall/Concourse Operating Committee, created by Substitute Resolution 44,669 adopted June 7, 1988, be dissolved. In place of the Mall/Concourse Operating Committee, there is hereby created for the City of Madison a Vending Oversight Committee ("VOC").
(2) Composition, Appointments and Terms. The Vending Oversight Committee shall consist of five (5) voting members and up to four (4) non-voting, technical advisors, as follows:
(a) Voting Members. The voting membership shall include one (1) alder from a downtown district, one (1) alder from another part of the City, and three (3) residents. No person who currently holds a City of Madison vending license under Sec. 9.13, 9.135 or 9.136 shall be appointed as a voting member of the VOC or any subcommittee of the VOC.
(b) Technical Advisors. Not more than four (4) non-voting technical advisors, who shall be vendors holding a valid vending license under Sec. 9.13, 9.135 or 9.136 from the City of Madison, or others with specialized knowledge or interest in street vending and the duties and responsibilities of the VOC. Technical advisors shall serve a regular term of appointment, may sit at the table and participate in discussion of all matters before the VOC (except a matter affecting that vendor's license), but shall not vote on any matters. Technical advisors may be appointed to subcommittees but only in their non-voting, advisory capacity. If a technical advisor's vending license is suspended, revoked, non-renewed or other adverse action is taken against the license, they shall not sit at the table or participate in any discussions at the meeting(s) at which the license is scheduled for action, and they shall lose their VOC appointment and the position is deemed vacated as of the date of the VOC's decision taking action against the license. If no action is taken against the license, the vendor may remain in their position as technical advisor.
(c) The Greater State Street Business Association ("GSSBA") or successor organization may recommend a voting member or a non-voting technical advisor, subject to Sub. (2)(d) below.
(d) Appointments of all members and non-voting technical advisors shall be made by the Mayor, subject to approval of the Common Council.
(e) Quorum. The quorum shall be determined according to Sec. 33.01(8)(c). Non-voting advisors shall not be counted for purposes of establishing a quorum.
(f) Appointment Terms. The term for alderperson members shall be two (2) years, as set forth in Sec. 33.01(6)(a). The term for resident members and non-voting technical advisors shall be three (3) years, expiring on June 1 in the third year following appointment. All vacancies shall be filled by the Mayor, subject to approval of the Common Council, for a term filling out the remainder of the vacated member's term.
(3) Officers. The members of the VOC shall annually elect a chairperson and vice chairperson from among its voting membership at the Committee's first meeting in June. See Sec. 33.01(7)(d) regarding eligibility of alderpersons as officers. The Director of Planning and Community and Economic Development or designee, a non-member, shall act as Executive Secretary to the VOC. The Executive Secretary shall prepare the agenda and minutes of the VOC's meetings and shall perform such other duties as the VOC shall direct.
(4) Duties and Responsibilities.
(a) Act on matters of the VOC's jurisdiction as set forth in Secs. 9.13, 9.135 and 9.136, the regulations promulgated under Secs. 9.13 and 9.136, and any other regulations or procedures relating to street vending within the City.
(b) Ensure a venue for public input into street vending regulations within the City.
(c) Conduct investigations, hearings and miscellaneous proceedings as required by Secs. 9.13, 9.135 and 9.136.
(d) Duties of Non-voting Technical Advisors. Participate in discussions and provide technical advice and input to the VOC, as described in Sub. (2)(b).
(5) Rules of Procedure. The VOC shall adopt rules of procedure which may from time to time be amended by the VOC. Such rules may include provision for delegation of the powers and responsibilities of the VOC to a Subcommittee or Subcommittees composed exclusively of VOC members.
(6) Compensation. Members of the VOC shall serve without compensation.
Section 31.17 entitled “Economic Development Committee” of the Madison General Ordinances currently reads as follows:
33.17 ECONOMIC DEVELOPMENT COMMITTEE.
(1) There is hereby created for the City of Madison a committee to be known as the Economic Development Committee.
(2) Composition. The Committee shall consist of eleven (11) members: the Mayor or the Mayor's designee, three (3) Alderpersons, and seven (7) residents with a wide range of direct experience in business and/or knowledge related to job creation, real estate or workforce development. The Mayor shall appoint the members of the Committee subject to confirmation by the Common Council.
Terms of appointment of the resident members shall be staggered, for three (3) years, commencing May 1 and expiring April 30. The Alderpersons terms shall coincide with his or her term of office.
If the Mayor serves on the Committee, the Mayor shall act as chairperson. Otherwise, the chairperson will be elected by the Committee.
(3) Duties. The Economic Development Committee shall:
(a) Assist City officials and staff in promoting a healthy, diversified economy in which business can locate, innovate, grow and prosper, and all residents have opportunities for living wage jobs.
(b) Make recommendations to the Mayor and the Common Council on economic development policies and issues.
(c) Every four (4) or five (5) years, receive and consider a Comprehensive Economic Development Report and Plan (CEDRP) prepared by Economic Development Division staff on economic trends for the City of Madison and surrounding area. After review and revision by the Committee, the CEDRP shall be submitted to the Common Council for approval. The CEDRP should include:
1. Available data on employment by type of job, wages, unemployment rate; and, overall changes in employment and population,
2. General demographic data,
3. A description of business and workforce assistance available,
4. An evaluation of current economic development efforts, and
5. Recommendations of possible changes to, and new, programs, strategies, policies, and projects to achieve the economic development goals stated in paragraph (a) above and other related goals adopted by the City of Madison.
(d) Every two (2) years, the Economic Development Division Director will develop a "Work Plan" consistent with the adopted CEDRP for the City's economic development priorities in the next two (2) years. The Work Plan shall be submitted to the Common Council with referral to the Economic Development Committee before action by the Common Council. The Work Plan may include changes to the CEDRP.
(e) Provide the community with a public forum for information sharing and discussion about economic issues affecting the City of Madison.
(4) In carrying out the duties described in subsection (3), the Committee may form subcommittees, hold public meetings, and utilize the services of the City or other public or private services as it finds necessary, subject to the policy and budgetary approval of the Common Council.
(5) The Economic Development Committee shall meet once a month and all agendas shall be prepared by the Economic Development Division Director or his/her designee in consultation with the Chair, and they shall determine the order of the agenda.
(6) Staff. The Economic Development Committee shall receive primary staffing from the Economic Development Division.