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HomeMy WebLinkAboutcclc.min.04042007 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Chairperson, Bill Dinsmoor called the meeting to order at 8:30 a.m. Commissioners in attendance: Mark Goodman, Don Sheeley, Shae Singer Excused were Terry Butler and John Starr. Takah Sushi - mall lease Bill said the mall lease fee for 2007 is $2.50 a square foot per day. Casey presented her drawing with planters. She is requesting the same square footage that she had in 2006. Bill asked about the height and if there were any requirements. Shae said there are no set guidelines for heights of planters. If Casey creates a barrier that will allow her to control her space and allow the space to be open during the day she would be in compliance. Bill asked Casey to check with Engineering to see if they have any height recommendations. Bill said CCLC is trying to make Casey's area more accessible during the hours that the mall lease is not being used. Bill said the drawing is not to scale. Bill requested that Casey amend the drawing after she determines what the dimensions should be. Casey inquired about the fencing around the trees. She would prefer that the area be boarded over. Shae pointed out that the parks department makes all the regulations regarding the mall. Mickey Alpern, neighbor said his concern is that people are able to walk along the side of the building. Bill said tables and chairs will be there without a fence. MOTION: Don made the motion to approve the mall/ease for Takah Sushi; second by Shae. All in favor. motion carried. D-19 - mall lease Marcus Wade represented D-19. Marcus said there are no changes in the mall lease. MOTION: Don made the motion to approve the mall/easefor D-19; second by Shae. All in favor, motion carried. 1 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Pacifica - mall lease Russell Hoffberger explained that there is a sidewalk along the building and they are proposing to place tables and chairs facing the mountain on the south side. They will cable the tables and chairs so that they do not go into the alleyway. They are trying to make a dwell area on that side of the building. The proposal is approximately 96 square feet. We are only going to do a beverage service on that side so parents can have a glass of wine while watching their kids. Shae pointed out that the fire department last year has concerns with the iron post and the tables and chairs migrating to the walkway. Don asked Russell if the area is his property. Russell said he wasn't sure. Bill said he feels the area is a right-of-way. Bill said the board can't do anything without the fire marshal's approval. The other issue is that this area is not the mall, it is the alleyway and CCLC has never approved a mall lease in that area. It is out of the purview of the City ordinance that was crafted. Bill suggested that Russell investigate and get a read from the fire marshal. Russell requested approval of the mall lease as it existed in 2006. Bill said the CCLC in general is an advocate for alfresco dining. MOTION: Don moved to approve the mall/ease as presented by Pacifica; second by Mark. All in favor. motion carried. Dish- mall lease Mitchell Sher, owner stated that the dimensions are 12 feet out from the restaurant and 16 feet wide. The square footage would be 192 square feet. Mitchell said they intend to do plants this year on the corners that extend onto the mall. Bill asked if they intended to serve lunch. Mitchell said they are not serving lunch. Bill said if planters are used we need an easy flow through that area for people to walk. Mitchell said the planters would be movable in order to have flexibility. 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Bill asked of the planters would be moved close to the building? Mitchell said they would be close to the building or put inside during the day and not on the mall at all. Bill asked if there was an issue of the tables and chairs last year. March said they were blocking the pedestrian walkway. Shae pointed out that last year there was a large table bigger than a 4-top out there. Andrew Kole said with all the signage on that mall area people are pushed out anyway. The walkway is more geared to the strip in the middle. Mitchell said the corners are somewhat the trees identifYing the boundary. Shae asked about the tables. Mitchell said the tables are brought in every night. Shae said Mitchell is proposing that at 4:00 or 5:00 p.rn. the tables and planters would be moved out to define the area and when they are finished serving at night they will be moved back in. MOTION: Don moved to approve the mall lease for Dish on the basis that the planters and tables will be moved inside during non-operating hours; second by Shae. All in favor motion carried. Bill and Shae said possible Mitchell can experiment during the summer and have one table left out during the day. Mickey Alpern thanks the board for taking into consideration his concerns from last year. Two issues: Graffiti is everywhere throughout the town. He would like to see some kind of mechanism put in place to deal with this. The second issue is that there are a lot of sign boards that are left out at night on our malls. There is an ordinance regulating this. When a business is closed all signs should be off the malls. Shae explained to the board that the Community Development is putting together a new set of rules regarding outside display and outsides signage. 3 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Mickey said according to the ordinance existing signs are not to be left out at night. Bill said council will be codifying revisions to the code regarding signs soon. Staff will contact the enforcement officer. Signage Andrew Kole said he feels that the signage issue should be hashed out by the CCLC and then refer the comments to the Community Development Department instead of city council. Andrew pointed out that people who walk around town like the idea of seeing "specials". Andrew pointed out that chalk boards in the rain do not work well. There are boards that you can get that you write on that don't look so bad. Mark said he feels signs should be done professionally. Mark also mentioned the pavilion that the back is looked at by four different businesses and it is an eye sore. Andrew also said the back of the information pavilion should be reviewed. Possibly ACRA should do an events piece and make the boards that are there information boards as opposed to post its. Andrew said there is so much that it looks bad. Market Budget Sue Whittlesey said she was working with Kathy on the budget. Shae explained that last year there were no receipts, no records etc. We had to start with a beginning balance and closed the account Maggie had. We created our budget last year as we went. We had a surplus last year of $3,364. Sue said Maggie organized the market as a corporation and we had to pay taxes etc. Steve Nieslanik and myself are CPA's and the corporation needs to be dissolved and registered as a 50lC5 which is a non-profit. You don't have to pay income tax and Steve or I can do the tax return. Mark asked what the difference was from a 50lC5 and a 501C3. 4 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Sue said the 50lC3 is for charitable non-profits and our purpose is to promote agriculture. Don said you incorporate for liability reasons. Bill asked if the market would have filings for the 501C5. Sue said there will be minimal filings. A tax return needs to be done. Steve and I will get together after tax season. It will be taken care of before the market begins. Shae suggested that once the paper work is filled out for the non-profit we can have the City attorney review it. Bill asked for the break down of the fee schedules for farmers and craft vendors for the next meeting. Sue said the farmers pay $575. up to 30 feet and if a farmer needs more then they pay $20 per additional ten feet. Sue also mentioned the additional taxes that were on the budget for the manager. Kathy ended up having to cover social security which is 15% of $10,000. Sue said there are certain things that you have to do legally. Bill said we need an explanation about the 50 I C5 and if it has employees what is the best way to handle wages for the employees. Sue said if they are employees you have to withhold. We need to have everything set up for the best of the organization. Sue said she manages other markets and they do contracts and a flat 1099. Bill inquired about the representative on the craft side receiving $500. Shae said she is not sure that is necessary this year. We didn't have it last year. Kathy and I represented the craft vendors. Don said he thought the market manager was to do represent the craft vendors and handle emergencies. Mark asked Shae what some of the crises that come up on a daily manner. Sue said some vendors on the craft side use power which in turn blows out the circuits and Kathy has to find an electrician. We also have towing issues. We have issues where people have their tents out too far. 5 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Shae also mentioned the agriculture booth that over and over encroached over their space so the managers told them that they needed to move back in and that person proceeded to get upset and then we went to the farmers and asked them to deal with it. We have also had issues with tents not having weights etc. and cars parking in the center of the street. We have also had issues with people coming in late to set up. Sue said there are a tremendous amount of issues that keep coming up. Sue said last year we had no craft vendor representing the vendors. Shae pointed out that she and Kathy are very capable with working with all of the vendors and it didn't happen last year. Last summer Allegheny said he did not want to be involved. Kathy, I, Sue and Peter were able to take care of things easily. Bill said he wants to review the cost of having someone sit at the front of city hall. Sue said this year Future farmers of America will be involved with watching the front of City Hall. Bill also asked about the barricades. Shae said we purchased two plastic barricades which are lighter and we are budgeting two more this year. Don explained if you go on contract you have to pay the federal tax, workman's comp or the $700. You either raise the salary to cover this or leave it and she covers her own. Mark said that is $2,700 on $10,000. Bill said why would the market want to incur this expense. Shae said we need a representative from the farmers, CCLC and discuss this with the attorney to see if the market should be contract labor or what. Shae said the craft vendors are concerned with their space and do not have any desire or input to get involved. Shae also pointed out that she and Kathy went around to each vendor asking for input as to how to improve the market etc. and every one said this is the best market. At the meeting we go over the music and advertising etc. Sue said the market manager is there from 6: 30 to 4:00. Mark said that is $500. a day and he isn't sure the market should pay taxes on top of that. 6 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF APRIL 4. 2007 Don said Kathy shouldn't be making decisions on the budget. The two boards need to make that decision. Shae said this is the budget that we have set up which needs approved by both boards. When we set up the new non-profit corporation we need to indicate that the craft vendor's representative has a vote and the agriculture vendors have a vote. Mark said vendors are interested in setting up and making a profit and going home. Sue pointed out that Steve Nieslanik, CPA doesn't feel comfortable with contract labor. Sue pointed out that the tax thing came forward from Kathy because she had to pay a penalty because the corporation was in her name and taxes were never filed. Mark said we all need to pay taxes and Kathy should be aware of that. Sue said we can pay her a 1099 and hold the money. Bill said Kathy is definitely an employee. Shae said the majority of vendors are complying with the Colorado ingredients. Meeting adjourned at II :00 a.m. Kathleen J. Strickland, Chief Deputy Clerk 7