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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.
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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.
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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.
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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.
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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.
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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.
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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
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