HomeMy WebLinkAboutMinutes - 8/21/2012 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
Tuesday,August 21,2012
`.► Aldermen's Conference Room, 7:00 p.m.
In Attend:ince: Committee Members: Chairman Alderman Condon, Alderman
Peterson <<nd Alderman Santi. Absent: None. Also in Attendance: Deputy City
Administr�.tor Martin, Construction and Neighborhood Services Director Schwalenberg and
City Clerk Jones.
Chairman.�lderman Condon called the meeting to order at 7:00 p.m.
Public Input Session
No one signed in for Public Input Session.
Discussion Regardin�Re�ulation of flea Markets
Deputy City Administrator Martin informed the Committee that Staff has been researching
how surroi�nding communities regular the flea market industry. The City of McHenry, with
the exception of zoning, does not have specific regulations for flea markets.
The City has ordinances for garage sale and special sales (i.e., fire sales/damaged goods,
going out of business sales, etc.). Deputy City Administrator Martin stated that flea markets
are distinguished between garage sales in that garage sales are permitted in residential areas.
There are also requirements for a person requesting a special sales license.
�, Staff reviewed the City's garage sale ordinance in 2009. Many of the issues raised by the
Committee at that time, while discussing garage sales could be applied in flea markets,
including:
• Sales hours;
• Noise issues;
• Signage;
• Requiring a permit and fee;
• Service of food;
� Sale of adult merchandise;
• Sale frequency; and
• Attaching stickers to approved signage to streamline enforcement.
Deputy City Administrator Martin provided the Committee with information from two large
flea market operators. The information contained:
� Vendor rules;
• Hours of operation;
• Admission charges;
• Types of food offered; and
• Item for sale.
Deputy City Administrator Martin informed the Committee that he has spoken with
representatives from Melrose Park, Alsip, Racine County, Swap-O-Rama and 7 Mile Fair in
� an effort to obtain different perspectives regarding the operation and regulation of flea
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August 21, 2012
Page 2
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markets. Deputy City Administrator Martin provided the Committee with the following
summaries;
Melrose P�rk
Melrose P��rk does not have any specific regulations. Flea markets are overseen by the
Melrose P�rk Health Deparhnent. The Swap-O-Rama is located on the edge of town. Police
department personnel and health inspectors go through the market regularly to insure the
outside area in particular is properly cleaned following weekend flea market activity. No
major incicents have been reported at the Swap-O-Rama site in Melrose Park.
Alsip
The Village of Alsip has an ordinance devoted to the regulation of flea markets and the
building department is responsible for issuance of vendor license and monitoring the
operation and clean-up at the flea markets. The ordinance is quite comprehensive, addressing
the annual license fee of $35, plus individual vendor fees, insurance, permits, inspections,
sanitation,parking, traffic, snow removal, etc.
Racine Countv
Racine County in Wisconsin, with the exception of requiring a conditional use permit, does
not have any regulations pertaining to the operation of flea markets. The 7-Mile Fair is
located in unincorporated Racine County in Raymond Township. The County is responsible
�' for zoning,building and code enforcement. The individual Deputy City Administrator Martin
spoke to has been employed with the County in excess of 21 years and does not have a
recollection of any issues associated with the flea market.
Swap-O-Rama
The individual from Swap-O-Rama was unable to provide a great deal of information other
than what was on the website, but indicated that no major problems have occurred in the past
associated with operation.
7-Mile Fair
The 7-Mile Fair is located in unincorporated Racine County, adjacent to the Village of
Caledonia, off a major roadway intersection. 7-Mile Fair is open year round outdoors and
indoors on Saturdays, Sundays and selected Holidays with no public admission charge. There
are two primary buildings, consisting of 80,000 sf. and 46,000 sf. respectively. The staff
person for 7-Mile Fair stated that all vendors are registered and vendor names are provided to
the State of Wisconsin. The State follows-up ensuring sales tax payments are made and
monthly sales tax reports are filed.
The issue of sales tax reported was discussed with each individual Deputy City Administrator
Martin spoke to, however no concerns were expressed regarding this issue. The individual
from 7-Mile Fair stated that all sales tax proceeds are forwarded to the state and that local
government entities do not benefit from sales tax revenue generated. Deputy City
� Administrator Martin indicated that other than the Village of Alsip, no other community could
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August 21, 2012
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be located with regulations specifically addressing flea markets, other than in their zoning
ordinances.
Staff likes �he Alsip ordinance, particularly the license fee and the fact that the responsibility
is placed o�i the operator to collect monthly vendor fees, which are then sent directly to the
Village as a monthly revenue benefit. Staff believes an ordinance proposed by the City
should contain points contained in the Alsip ordinance.
Staff is se��king direction form the Committee regarding drafting a proposed ordinance
regulating flea markets to be brought back at a future Community Development Committee
meeting for further discussion prior to forwarding an ordinance to full Council for
consideration.
Alderman Peterson opined that he likes the idea of vendors paying a daily fee. Alderman
Santi concurred with Alderman Peterson and stated he likes Alsip's ordinance and codes. He
inquired about the difficulty of enforcing a fee structure. Deputy City Administrator Martin
stated that the license application would put the onus on the flea market operator to collect the
fees from vendors.
Chairman Alderman Condon inquired about food service. Director of Neighborhood Services
Schwalenberg stated that any food service would be governed by McHenry County Health
�— Deparhnent requirements.
Chairman Alderman Condon inquired about the definition of "regular basis." Director of
Neighborhood Services Schwalenberg stated that the vendors pay the flea market operators on
a monthly b�isis which is termed"regular basis." Chairman Alderman Condon opined that she
would like the term defined more specifically. Deputy City Administrator Martin stated the
term should be specifically defined or removed from the ordinance.
Deputy City Administrator Martin suggested that there be consistency regarding a licensing
fee. He suggested a quarterly fee be collected from operators. Alderman Santi opined he
would prefer collecting a licensing fee on a monthly basis. Following a discussion it was the
consensus of the Committee that collecting a license fee every other month is adequate.
Chairman Alderman Condon suggested random checks be performed to ensure compliance
regarding licensing and vendor fees.
Chairman Alderman Condon inquired whether the number of licenses issued to flea market
operators should be limited. A discussion ensued regarding licensing. It was the consensus of
the Committee that rather than issuing licenses retroactively, fiscal year would be adequate.
Alderman Candon stated that she is comfortable with a daily fee of$1 - $2 from each vendor
rather than $3 — $4. Responding to an inquiry from Alderman Peterson, Director of
Neighborhood Services Schwalenberg indicated the capacity at the former Sullivan's building
�, has a potential to hold 80 vendors and the site at the former Jeep dealer has the potential to
hold up to 150 vendors.
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August 21, 2012
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Alderman ]'eterson suggested that prior to any changes, operators should be invited to attend
the next rrieeting of the Community Development Committee in order to participate in
discussion and perhaps offer suggestions. Deputy City Administrator Martin assured the
Committee he would extend invitations to the operators.
It was the Consensus of the Committee that Staff would invite the two current local flea
market ope-ators to the next meeting of the Community Development Committee, to be held
on October 16, 2012 and that Staff would prepare a proposed ordinance to be reviewed by the
Committee at the October 16, 2012 meeting.
Other Business
Chairman .Alderman Condon stated the next meeting of the Community Development
Committee will be on October 16, 2012 at 7:00 p.m. in the Alderman Conference. Topics
anticipated for the agenda are:
• Code compliance;
• Flea markets;
• Goals for Fiscal Year 2012/2013; and
• Yearly review of accomplishments.
� Chairman Alderman Condon requested the Committee contact Deputy City Administrator
Martin with any suggested goals.
Deputy City Administrator Martin informed the Committee that the Planning and Zoning
Commission is meeting on September 6, 2012. Topics for discussion are:
• Shoppes at Fox River
o The developer is building another restaurant on an outlot at the site. The
location will be south of Olive Garden.
Deputy City Administrator Martin informed the Committee that Staff continues to seek a
tenant for the Walmart property.
Adi ournment
Motion by Santi, seconded by Peterson to adjourn the meeting at 7:52 p.m.
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
Respectfully submitted,
��,►-rJ L �
Geri Condon, Chairman
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