HomeMy WebLinkAboutMinutes - 10/16/2012 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
Tuesday, October 16,2012
�-- Aldermen's Conference Room, 7:00 p.m.
In Attendaiice: Committee Members: Chairman Alderman Condon, Alderman
Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City
Administrat��r Martin, Construction and Neighborhood Services Director Schwalenberg and
City Clerk J��nes.
Also in atter�dance:
Richard Col ier 40 Elm Avenue, Fox Lake, IL 60020 (Fox River Flea Market)
Jody Collier 40 Elm Avenue, Fox Lake, IL 60020 (Fox River Flea Market)
Ralph Pedrata 1020 Fairway Drive, Fox Lake, IL 60020
Carl Eckel 3705 W. Elm Street, McHenry, IL 60050 (*)
Frank Wilfiriger 5306 Maplehill Drive, McCullom Lake, IL 60050 (Fox River Flea Market)
Esther Wilfinger 5306 Maplehill Drive, McCullom Lake, IL 60050 (Fox River Flea Market)
Edwin Nevitt 40641 N. Illinois Rte. 83, Antioch, IL 600002 (Fox River Flea Market)
(*) Requested copy of the minutes be provided
Chairman Alderman Condon called the meeting to order at 7:03 p.m.
Public Input Session
� No one signed in for Public Input Session.
Discussion Re�arding Regulation of flea Markets
Deputy City Administrator Martin provided the Committee with a proposed Ordinance
addressing the licensing of flea market operations in the City of McHenry, together with the
City of McHenry business license application and proposed language for flea market
licensing.
Deputy City Administrator Martin advised that the proposed Ordinance suggests a $50 annual
licensing fee and a daily fee of $4.00/day for food vendors and $2.00/day for non-food
vendors. The ultimate responsibility for collection of the daily fee would be the flea market
operator, who would then remit the fee to the City on the tenth day of every third month for
the previous two month period.
Deputy City Administrator Martin noted that the proposed Ordinance has not been reviewed
by the City Attorney. Staff requests that if the Committee is in agreement with the Ordinance
provisions, as written, a recommendation be made to forward the Ordinance to full Council
for consideration.
Responding to Mr. Eckels inquiry regarding as to why flea markets have not been licensed in
the past, Deputy City Administrator Martin stated the City of McHenry has not had flea
markets, so the matter has not been addressed before now.
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Community Development Committee Meeting
October 16, 2012
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Alderman l'eterson stated he is comfortable with the license application and proposed
Ordinance. He opined that all businesses in the City avail themselves in some way of City
services.
Alderman Santi stated he appreciated the attendance of the interested parties. He opined that
after visitin,� each of the flea markets, which appear to be well run, he is comfortable with
both the lice�nse application and proposed Ordinance.
Chairman (;ondon opined the fees are necessary because City Staff time is required to
regulate businesses within the City limits. Chairman Alderman Condon requested input from
those in attendance. She requested each individual introduce themselves and for clarification
state their name prior to addressing the Committee.
Responding to an inquiry from Alderman Peterson regarding how sales tax is paid to the
State, Mr. Eckels stated that mostly sales tax is paid quarterly, however, if income is not
sufficient sales tax can be paid on a yearly basis.
Responding to an inquiry from Alderman Peterson, Mr. Eckels informed the Committee that
there are no food vendors on the premises of his facility and the facility is not set up for the
sale of food. Only pre-packaged foods are sold on the premises.
�-- Mr. Eckels informed the Committee that licensing and fees are a burden to the vendor during
a poor economy. The vendors already pay taxes. Some of the flea market's vendors are
crafters and sometimes only make $50 per day. Mr. Eckels inquired about whether
consignment shops and resale shops are licensed and charged fees in the City of McHenry?
Deputy City Administrator Martin informed the Committee he would look into the matter.
Alderman Santi inquired whether a State license was required by flea markets. Mr. Eckels
responded affirmatively.
Responding to an inquiry from Chairman Alderman Condon regarding how many vendors
regularly attend the flea market on a weekly basis, Mr. Eckels stated that anywhere from one
half to three quarters of the vendors are regulars.
Following a brief discussion, Alderman Peterson opined that his impression is that the license
fee is not at issue, but the daily vendor fees are a concern. Mr. Eckels stated that the flea
markets expect to pay a licensing fee in any City where they do business, but the daily vendor
fees would be a burden.
Mr. Collier suggested a higher licensing fee to avoid the vendors having to pay a daily fee.
Mr. Pedrata opined that a daily fee to the vendors of$2.00 per day is excessive and collecting
and tracking the fee on a regular basis could be difficult.
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October 16, 2012
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Deputy Cit�� Administrator Martin suggested the vendor fee vary depending on the time of
year, with tlie winter season indicated as the peak time. Chairman Alderman Condon opined
she is more in favor of a consistent fee in order to avoid a logistical nightmare.
Alderman Peterson stated he would like to see a more detailed Business License Application.
It was deterrnined that because some vendors go by social security numbers, rather than a
sales tax nu�nber, another method should be applied which does not require the City to request
social security numbers. Deputy City Administrator Martin advised he would research the
matter regarding the application.
Following further discussions, it was the consensus of those in attendance that the preference
would be to pay a higher annual licensing fee and not have to collect a daily vendor fee.
Alderman Santi suggested a method which would permit the flea market to pay the licensing
fee either annually or quarterly.
Chairman Alderman Condon suggested a licensing fee of$1,500 annually. Mr. Eckels stated
an annual licensing fee of$1,500 would be difficult for him to afford. Mr. Nevitt suggested
an annual fee of$1,500 for the license fee. Deputy City Administrator Martin stated that an
annual fee of $1,400 would equate to $350 per quarter. A discussion ensued. Chairman
Alderman Condon stated that a decision has to be made whether or not the flea market wants
�-- to absorb the vendor cost.
Motion by Santi, seconded by Peterson directing Staff to present the proposed Ordinance to
full Council for approval with an annual license fee of$1,400, which can be paid in a lump
sum or quarterly, effective May 1, 2013.
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
Annual Code Compliance Update
Deputy City Administrator Martin provided the Committee with a code violation activity
report for 2010/2011 and 2011/2012. He stated that compliance with City Ordinance is the
primary goal, noting that more violations were abated in the past year then in 2010/2011,
however voluntary compliance was down in 2011/2012. Also, Deputy City Administrator
Martin indicated that there was a significant increase in 2011/2012 in the number of
unresolved complaints.
Deputy City Administrator Martin informed the Committee that the chart depicts the number
of complaints by violation category for the previous two years. He noted that the number of
nuisance violations and zoning compliance issues remained consistent between this year and
the prior year and the number of housing and dangerous building complaints were lower from
L. one year ago, however; the number of right-of-way signs increased by 31% in 2011/2012.
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October 16, 2012
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Deputy Cit� Administrator Martin stated that the Community and Economic Development
Department Staff is extremely diligent in responding to and resolving code complaints and
they do an c�xcellent job working with property owners explaining the process and assisting
whenever pc�ssible.
A brief discussion ensued. It was the consensus the information on the chart was helpful.
Chairman F,lderman Condon suggested a 3-year graph would be useful To chart code
compliance.
End of the Year Summary
Proposed 2013 Meeting Schedule
Su�ested Goals for 2013
Deputy City Administrator Martin summarized the end of year review for the Community
Development Committee which included:
• West Illinois Route 120
• Amendments to the Sign Ordinance
• Rental Registration
• Outside Display of Merchandise
• Amendments to the Fence Ordinance
• Miscellaneous Amendments to the Zoning Ordinance
• Consolidation of Paving Requirements for Parking Lots
� • Flea Market Ordinance
• Discussion Regarding Code Compliance Activities
Deputy City Administrator Martin suggested the following goals for Community
Development to pursue in 2013.
• Provide feedback on developmental proposals, as needed (Ongoing);
• Discuss code compliance activities/process (October);
• Municipal Code Amendments (January and February)
• Temporary/Permanent Swimming Pools;
• Fencing issues;
• Issuance of electrical licenses;
• Zoning Ordinance Amendments (May)
o Pods/onsite storage containers and car ports
• Review of mowing requirements (February);
• Update of Building Codes (June)
• Restaurant parking issues.
Deputy City Administrator Martin informed the Committee that he would like to review
property owner rental information in February or May, 2013.
Chairman Alderman Condon suggested members of the Committee that may have additions to
`.- the proposed goals should contact Deputy City Administrator Martin.
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October 16, 2012
Page 5
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Other Business
Deputy Cit:y Administrator Martin infortned the Committee that Volo Auto Exchange is
interested ir the building formerly occupied by Adams Steel.
Deputy Cit:� Administrator Martin informed the Committee that Staff continues to seek a
tenant for the Walmart property. There is an interested party, but they are experiencing
financing is;>ues.
Deputy City Administrator Martin informed the Committee that he recently received
notification that Savers will not be going into the previous Borders building.
Alderman Peterson informed the Committee that he received a call from a constituent about a
nuisance house on Sunset. He noted that there are some issues occurring and vacant houses
are not getting on the market.
Adiournment
Motion by Peterson, seconded by Santi to adjourn the meeting at 8:44 p.m.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
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Respectfully submitted,
�����'�/l.e`���--
Geri Condon, Chairman
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