2003-11-17 - Laserfiche WebLink

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4 racks. He said concern has also been expressed that the displays are unregulated. He highlighted the recommendations and said that the regulations, if approved, will become pa rt of the City Code by reference. The regulations include a $400 yearly fee, a rental fee of $2 per square feet, a size limitation, and not allowing clothes racks. The public hearing was opened. Mr. Eugene Ford, owner of a bookstore at 214 E. Main Str eet, a resident of Nelson County, spoke in favor of the ordinance. He said the mall is beginning to look like a flea market and the ordinance will make the mall more aesthetically pleasing. th Mr. James Muhammad, 313 10 Street, said he has been a vendor on the mall for 10 years. He said that most of the recommended regulations are already in the rules, but they have not been enforced over the past few years. He said he does not want the mall to look like a flea market, but also does not want to be force d out of business. He said it would be a hardship to pay the proposed fee. He said it is hard to show clothes without having a clothes rack. Mr. Muhammad asked Council to make a decision in a fair way to benefit the City and vendors. rd Ms. Joan Fenton, 105 3 Street, S.E., Chair of the Downtown Business Association, Chair of the BAR, and a member of the committee that looked at this issue, said that she has heard many more complaints about vendors. She said business owners on the mall have higher fees and the outside of their stores have to meet regulations. She urged Council to pass the ordinance and guidelines as presented. As there were no further speakers, the public hearing was closed. Ms. Richards asked about the requirement that at least one person be in attendance at their stand, and Mr. Tolbert said that some vendors have set up secondary stands in order to get around the space regulations. Responding to a question from Mr. Caravati, Mr. Tolbert said that he is in the process of interview ing for a part - time zoning administrator, and part of the requirement is that this person be available on weekends. Responding to a question from Mr. Lynch, Mr. Tolbert said that currently the license fee for vendors is pro - rated monthly. He said that cafes on the downtown mall pay a rental fee of $2 per square feet. He said the administrative fee of $400 annually was set after a review of what it costs for Neighborhood Development Services to administer vendor permits. Mr. Lynch noted that the City also receives meals tax from the cafes. Responding to a question from Mr. Schilling, Mr. Tolbert said that the $400 fee will be required every year. Mr. Schilling asked if the fee will be prorated during the calendar year, and Mr. Tolbert said the sugg estion is that it not be prorated. Mr. Schilling asked if the $2 per square feet rental rate is limited by State law. Mr. Tolbert said that the City Attorney's office advised that the rental rate be the same as that for cafes. Mr. Tolbert said that wh ile he understands Mr. Muhammad's concern, he feels the competitive issues with other business owners has to be considered. Mr. Tolbert said he feels it would be reasonable to allow one rack per vendor. Responding to a question from Ms. Richards about t he Christmas Market vendors, Mr. Tolbert said that they will not have to pay the $400 fee, but must meet the appearance requirements. Mr. Schilling pointed out some grammatical corrections in the ordinance.