Saturday, Jul. 04, 2009

Keller enlists customers to fight produce stand ban; Eckert says he's willing to discuss a compromise

Where do you draw the line on roadside stands?

That is the question that has some people angry with the city of Belleville and Mayor Mark Eckert for the ordinance that bans transient vendors except for nonprofit events and firework stands.

The line as it is drawn has the popular Keller Farm temporary produce stand at the corner of West Main and 70th streets in Belleville on the outside and some people outraged. The stand is operating this year on a permit obtained before the ordinance went into effect, but it would be banned next year.

Some of Keller's shoppers have called the mayor to complain, following the advice on a small card posted at the stand explaining why the stand won't be there next year.

"We have gotten some calls," Eckert said. "Some people have been nice enough to leave their names, and I respect that."

However, he said, he would be more pleased with a call from the Kellers so the city could try to work out an accommodation with the stand.

"It's possible there are ways to work this out," he said. "Perhaps they could partner with another business. I would gladly talk to them."

Eckert said the ordinance wasn't something put together on the spur of the moment to benefit one business. Many are convinced it was done to help Farmer's Markets combat the Value Plants temporary stand that opened nearby on North Belt West this spring.

But Eckert says that isn't the case. The ordinance is fair and it had the approval of business groups before the city went ahead with it, he said.

"We tossed this around for a year. We talked to the Chamber of Commerce and the West End Business Association," he said. "The bottom line is that with the recession, we didn't want to see established businesses in Belleville end up feeling the hurt.

"People are missing the entire intent of this," Eckert said. "We're not doing it to be mean. I do believe it is a good ordinance to strengthen our small businesses."

Tina Keller, who was at the stand Thursday training a new employee, said the family has been surprised by the response from customers who discovered the stand could not open next year.

"Every person who comes up is aggravated," she said. "All we can say is call your mayor."

She said that a lady told her she had a petition concerning the issue, but Keller hadn't seen it.

Keller Farms has three other stands, one at its home farm on Illinois 157 north of Collinsville, one in Troy on U.S. 40 and one in O'Fallon on Lincoln Highway next to Rothman Furniture.

The stands sell sweet corn, tomatoes, various seasonal vegetables and sometimes watermelon. The Belleville stand opened last week and will close sometime in mid-August.

No numbers on sales are available, but the stand does a substantial business. On Thursday, a wagon that had been loaded with large bags of sweet corn was almost empty in the late afternoon.

Keller said they pay businesses for rent on the land it uses, buy city permits and pay sales taxes individually by whichever town they are in.

Jerry Matusak, who lives nearby in Stookey Township, said he has been buying from the stand for years and stops nearly everyday to get fresh stuff.

"It's ridiculous," he said about the ban.

Laddie Daye, who lives in the west end of Belleville, said he has been buying from the stand as long as he can remember.

He was even more emphatic.

"It's absolutely ridiculous," he said. "Keep them here."

A couple of customers said they had been buying there for 20 to 30 years, but the stand was established in Belleville in 1999, according to records at Keller Farms.

"Of course, we're only getting one side from people coming here," Keller said.

Dan Schwendeman, owner of the Farmer's Market stores on North Belt West and North Illinois Street in Belleville, said he thinks Eckert is taking too much heat on the issue. What the city is doing has the support of most businesses, he said.

"We didn't think they (the stands) were fair to people who have a place of business, maintain it, abide by all the ordinances and pay property taxes," he said. "We were in favor of this ordinance but it wasn't just our business."

He said anyone who sells flowers or food is affected by pop-up stands that don't have all the burdens of an established business.

"I have no problem with fair competition as long as everybody is playing by the rules and has a level playing field," he said.

Keller said the company probably will try to find a new location for its Belleville stand.

"People are giving us lots of ideas, including areas around that are not in the city," she said. "But it's not settled."

John Openlander, city administrator of Swansea, said he has had one conversation with a Keller family member to pass on the village's interest in having the stand move to Swansea.

"We are interested if Keller farms is," he said.

Eckert said he intends to call Keller Farms after the holiday and try to discuss possible solutions.

"Businesses can sell wares outside their business if they meet the criteria," he said. "We're willing to try. But we have to make sure the ordinance can stand up in court."