HomeMy WebLinkAboutFinance & Corp - 2003-05-12FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 12~ 2003
CITY OF KITCHENER
The Finance and Corporate Services Committee met this date, chaired by Councillor B. Vrbanovic,
commencing at 2:10 p.m., with the following members present: Mayor C. Zehr, and Councillors M.
Galloway, J. Gazzola, G. Lorentz and J. Smola.
Others Present:
Ms. P. Houston, Ms. C Ladd, Ms. J. Koppeser, Ms. J. Sheryer, Ms. S. Keeping,
Ms. D. Gilchrist and Messrs. J. Fielding, G. Sosnoski, R. Gosse, S. Turner, J.
McBride, K. Baulk and F. Pizzuto.
Councillor B. Vrbanovic advised that item #4 on the agenda with respect to the Stampede Corral has
been withdrawn as it is no longer required.
CRPS-03-082 - EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE)
- DOWNTOWN SIDEWALK CLEANING - MAY 25 - JUNE 8, 2003
The Committee was in receipt of Corporate Services Department report CRPS-03-082, dated
May 6, 2003, recommending an exemption from Municipal Code Chapter 450 (Noise) be
granted to permit cleaning of sidewalks in the Downtown Core between the hours 10:00 p.m.
and 6:00 a.m. on various dates beginning May 25, 2003, ending on or before June 8, 2003.
It was resolved:
"That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be
approved, permitting the Community Services Department, through an independent
contractor, to undertake cleaning of the sidewalks in the Downtown Core between the
hours of 10 p.m. and 6 a.m. on various dates beginning May 25, 2003, and ending on or
before June 8, 2003."
CRPS-03-081 - AMENDMENT TO COUNCIL POLICY 1-535 - (DOWNTOWN BUILDING FACADE - INTERIOR LOAN PROGRAM)
- AUTHORIZATION FOR MAYOR AND CLERK
- REGISTRATION AND DISCHARGE OF FACADE LOAN LIENS
The Committee was in receipt of Corporate Services Department report CRPS-03-081, dated
May 2, 2003, recommending that Council's Policy with respect to the Downtown Building
Facade - Interior Loan Program, (Council Policy 1-535) be amended to state that the Mayor and
Clerk are authorized to sign all necessary documentation regarding registration and discharge
of Facade Loan Liens.
It was resolved:
"That Council Policy Resolution 1-535 (Downtown Building Facade -
Program) be amended by repealing and replacing paragraph 5, as follows:
Interior Loan
'That the Mayor and Clerk be authorized to sign all necessary documentation regarding
registration and discharge of Facade Loan Liens'."
CRPS-03-089 - EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE)
- OPEN AIR CONCERT - BINGEMAN PARK - JULY 20, 2003
The Committee was in receipt of Corporate Services Department report CRPS-03-089, dated
May 8, 2003, with respect to a request received from Bingeman's Inc. for an exemption from
Municipal Code Chapter 450 (Noise) with respect to an outdoor concert to be held at Bingeman
Park on July 20, 2003.
It was resolved:
"That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be
approved permitting Wingman's Inc., to hold an outdoor concert at 1380 Victoria Street
North, on Sunday July 20, 2003, between the hours of 11:00 a.m. and 10:00 p.m."
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 12~ 2003 - 54 - CITY OF KITCHENER
4. CRPS-03-085 - HOT DOG CART APPEAL- TO LOCATE AT 2191 KINGSWAY DRIVE
The Committee was in receipt of Corporate Services Department report CRPS-03-085, dated
May 6, 2003, with respect to an appeal received from Cathy Culp, to the decision of the Manger
of Licencing not to issue her a licence to locate a hot dog cart outside the Kiwi Shop Variety,
2191 Kingsway Drive. It is noted in the report that two places of refreshment are located within
200 metres of this property, and in accordance with Municipal Code Chapter 586 (Refreshment
Vehicle) the licence has been denied.
The Committee was also in receipt of a written submission from Riverstation Fish and Chips,
1077 Weber Street East, in objection to the issuance of a licence for a hot dog cart at this
location.
It was generally agreed that given the hardships faced by area businesses due to highway
constructions and bridge closure, the appeal should be denied. It was also generally agreed the
situation would be reviewed next year once the Franklin Street Bridge has re-opened.
On motion by Mayor C. Zehr
it was resolved:
"That the appeal of Cathy Culp to the refusal of the Manager of Licensing to issue her a
licence to operate a hot dog cart outside the Kwik Stop Variety, 2191 Kingsway Drive be
denied."
The Manager of Licencing was directed to contact the Riverstation Fish and Chips and other
places of refreshment in the vicinity of 2191 Kingsway Drive to advise them of the Committee's
recommendation, and the fact that it will be considered at the May 20, 2003, Council meeting.
DTS-03-070 - CAFI5 MALIBU - UNIT 4, 79 VICTORIA STREET NORTH
- LIQUOR LICENCE APLICATION FOR OURTDOOR PATIO
The Committee was in receipt of Development and Technical Services Department report DTS-
03-070, dated May 5, 2003, recommending the City take no action to oppose the application for
an outdoor Liquor Licence for Caf~ Malibu, located in front of Unit 4, 79 Victoria Street North.
Ms. C. Heal gave a brief PowerPoint presentation showing images of the interior and exterior of
the cafe. She advised of potential customer behaviour problems, although there is no formal
record of problems. Ms. Heal noted that the recommended conditions are the same as those
for patios on public property.
On motion by Councillor G. Lorentz
it was resolved:
"That Council take no action to oppose the application for an outdoor liquor licence for
Caf~ Malibu applied for by Sreto Ubiparip, (the Applicant) to be located in front of Unit 4,
79 Victoria Street North, Kitchener; subject to the applicant agreeing to voluntarily
request the following conditions be added to the liquor licence; and,
That should the Applicant not agree in writing to these conditions, the City of Kitchener
objects to the issuance of this liquor licence; and further,
That in the event that the Alcohol and Gaming Commission of Ontario, at its discretion,
does not add the following conditions to the licence, the Applicant agrees to have these
conditions added to and form part of the 'private agreement conditions', and understands
that the City's non-objection to the issuance of the liquor licence is based on that
agreement and continued compliance with it.
The Applicant agrees:
1. To post in a conspicuous place and abide by the Downtown Licensed Establishments
Code of Conduct.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 12~ 2003
5. DTS-03-070
- 55 - CITY OF KITCHENER
- CAFe MALIBU - UNIT 4, 79 VICTORIA STREET NORTH
- LIQUOR LICENCE APLICATION FOR OURTDOOR PATIO (CONT'D)
10.
11.
12.
13.
14.
15.
16.
17.
To become a member of the Kitchener Downtown Business Association's License &
Entertainment Committee and attend its meetings.
To abide to a set 50% monthly ratio of alcohol sales to gross refreshment sales
(including, food and other sundries) as set out in his application (in other words,
alcohol sales will be limited to 50% of gross refreshment sales).
To notify the Clerk of the City of Kitchener in writing of any applications to change the
licence at the time the application for the change is made to the Alcohol and Gaming
Commission, and not to expand the licensed establishment, including the outdoor
patio, without the consent of the City's Council.
To operate the patio only between the hours of 10:00 a.m. and 12:00 a.m. (midnight)
every day.
To comply with the noise by-law and the smoking by-law.
To ensure that all customers of Caf~ Malibu only park their vehicles at the designated
spaces at 79 Victoria Street North or any other parking facilities where the operator of
Caf~ Malibu has a legal right to use; and to ensure that customers of Caf~ Malibu do
not park their vehicles at any of the neighbouring parking lots or on Heit Lane.
To provide no entertainment including music on the patio.
To ensure that the front door is kept closed at all times, except for the purpose of
regular access by staff and customers. This condition is intended to minimize the
noise level from the indoor portion of the establishment. This condition does not apply
to emergency situations.
To ensure that its sidewalk patio operation complies with all federal, provincial and
municipal laws including the Ontario Health Protection and Promotion Act and the
Liquor Licence Act.
To ensure that at all times the patio furnishings are so situated so as not to impede
the ingress and egress to the premises or obstruct the access to Fire Department
siamese connections.
To equip the sidewalk patio with a refuse container, clearly visible to the customer.
To keep the patio and the area around the patio free from refuse and shall
immediately pick up any refuse/litter originating from the patio in the area adjacent to
the patio to prevent it from blowing around to neighbouring areas.
To immediately clean up any spills originating from the operation of the patio in the
patio area and in the area adjacent to the patio to prevent spills from being tracked to
neighbouring areas/businesses.
To remove any stains in the patio area and in the area adjacent to the patio.
To maintain the current fencing to be between 42" and 48" in height on the south
and west sides of the patio and 8' in height on the north side; to keep the fencing in
good repair; and not to construct any chain link fencing.
To display an incidental sign within the patio area stating "No shirt, no shoes, no
service".
MAY 12~ 2003
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
- 56 - CITY OF KITCHENER
5. DTS-03-070 - CAFI5 MALIBU - UNIT 4, 79 VICTORIA STREET NORTH
- LIQUOR LICENCE APLICATION FOR OURTDOOR PATIO (CONT'D)
18.
To provide outdoor supervision of the patio to ensure that the behaviour of their
patrons is not unreasonable and the applicant shall not permit customers on their
patio to yell, shout, whistle or harass passers-by in any way.
19. To ensure that the occupancy of the patio does not exceed 16.
20. Not to allow people to loiter/congregate within and around the perimeter of the patio.
21.
To ensure that all beverages and food to be consumed in the patio area are served in
plastic or acrylic glasses and dishes. This condition does not apply to expresso
coffee being served between the hours of 10:00 a.m. and 6:00 p.m.
22.
To ensure that no animals, in particular dogs are permitted in the patio area or
leashed to the patio fence. The applicant shall not encourage patrons to leash their
animals to street furniture or provide water bowls for the animals.
23.
To install the "What do you think about my patio?" sign on the longest street side of
the patio fencing immediately upon installing the fencing and executing this
agreement. And further, the applicant agrees to display said sign on the street side
of the patio for the term of this agreement. In the event there is a problem relating to
the installation of the sign, the applicant shall immediately bring said problem to the
attention of the City's Manager of Licensing so the problem can be resolved.
24. These conditions shall bind all successors, assigns and subsequent licence holders
(if any)."
CRPS-03-087
- WORLD PARTNERSHIP WALK - REQUEST TO SELL FOOD
- EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE)
- VICTORIA PARK - MAY 25, 2003
The Committee was in receipt of Corporate Services Department report CRPS-03-087, dated
May 7, 2003, requesting the Committee's direction with respect to a request received from the
World Partnership Walk Committee to sell refreshments in Victoria Park during their annual
walk on May, 25, 2003.
On motion by Councillor G. Lorentz
it was resolved:
"That the request of World Partnership Walk to sell food during their event on May 25,
2003 in Victoria Park be approved, provided the necessary licence, including Health and
Fire approval, is obtained; and
That the reduced fee of $10.00 be applicable; and further,
That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of
the City of Kitchener Municipal Code in conjunction with an event at Victoria Park on
May 25, 2003, between the hours of 11 a.m. to 3 p.m."
DTS-03-081
- LOCAL IMPROVEMENT PROJECT
- SANITARY SEWER & CONNECTIONS
- VICTORIA STREET NORTH, FORWELL ROAD,
CENTENNIAL ROAD & CENTENNIAL
The Committee was in receipt of Development & Technical Services Department report DTS-
03-081, dated May 2, 2003, advising that the Victoria Street North Sewage Pumping Station
and Forcemain will be constructed this year. This installation provides an opportunity for area
property owners to have gravity sanitary sewers installed. The gravity sanitary sewer can be
installed at the same time as the Forcemain, which will reduce the cost for the City and
benefiting property owners.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 12~ 2003 - 57 - CITY OF KITCHENER
DTS-03-081
- LOCAL IMPROVEMENT PROJECT
- SANITARY SEWER & CONNECTIONS
- VICTORIA STREET NORTH, FORWELL ROAD,
CENTENNIAL ROAD & CENTENNIAL (CONT'D)
On motion by Councillor G. Lorentz
it was resolved:
"That a Local Improvement Project be initiated by the City of Kitchener under Section 2 of
the Municipal Act for the construction of a sanitary sewer and connections on both sides of:
(a) Victoria Street North from 75m east of Lackner Boulevard to 65m west of Forwell Road;
(b) Victoria Street North from 40m east of Forwell Road to 150m east of Centennial Road;
(c) Forwell Road from Victoria Street North to 65m south of Centennial Road; and,
Centennial Road from 145m east of Forwell Road to Centennial Court and, Centennial
Court from Centennial Road to the end of the Cul de Sac."
CRPS-03-063- AMENDMENTS TO MUNICIPAL CODE CHAPTER 842
(HEDGES, OTHER OBJECTS & TRAFFIC HAZARDS)
- PROPOSED COUNCIL POLICY
- ENFORCEMENT OF MUNICIPAL CODE CHAPTERS 630 (FENCE) &
842 (HEDGES, OTHER OBJECTS & TRAFFIC HAZARDS
The Committee was in receipt of Corporate Services Department report CRPS-03-063, dated
May 7, 2003, in response to direction from Council at its September 16, 2002 meeting to amend
Municipal Code Chapter 842 (Hedges, Other Objects, Traffic Hazards) to permit owners of
properties developed prior to 1952 to request an exemption respecting driveway visibility
triangles. Staff was also directed to develop and enforcement policy respecting the provisions
of Municipal Code Chapters 630 (Fences) and 842 (Hedges, Other Objects and Traffic
Hazards).
It was generally agreed that Municipal Codes Chapters 630 and 842 exist for safety reasons,
and if staff are permitted to use their good judgement, there is no need to amend the Municipal
Code or develop an enforcement policy.
On motion by Councillor G. Lorentz
it was resolved:
"That no action be taken to amend Municipal Code Chapter 842 (Hedges, Other
Objects and Traffic Hazards) to provide an exemption process, or to adopt a policy
with respect to enforcing Municipal Code Chapters 630 (Fences) and 842
(Hedges, Other Objects and Traffic Hazards) as outlined in Corporate Services
Department report CRPS-03-063."
9. FIN-03-021
- STRATEGY DISCUSSION - ASSET MANAGEMENT -
- PARKING PORTFOLIO
The Committee was in receipt of Financial Services Department report FIN-03-021, dated May 6,
2003, providing information for discussion purposes, on the manner in which Council wishes to
view the provision of parking in the Downtown. The report lists possible goals for the provision of
parking in the Downtown, public and private sector ownership and provision of parking spaces,
and parking rates. It is noted in the report that the suggestions and conclusions contained therein
are a result of preliminary discussions by the Asset Management Steering Committee.
MAY 12~ 2003
9. FIN-03-021
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
- 58 - CITY OF KITCHENER
- STRATEGY DISCUSSION - ASSET MANAGEMENT -
- PARKING PORTFOLIO (CONT'D)
10.
Ms. Houston advised that if parking was to be a full enterprise, capital costs would be recovered
through parking rates.
Mr. McBride addressed the Committee, advising that the capital costs for surface parking are
recovered over a 3 - 5 year period through parking rates. With respect to parking structures, 45%
of capital costs are recovered, over a 15 year period, through operating revenues.
With respect to the term "control" in conclusion #1 in the report, Mr. McBride explained that if
parking spaces are provided by private enterprise, the City has no control over who may use those
spaces.
The Committee directed staff provide historic data on construction costs, financing and payback
periods for existing City owned parking structures in the Downtown.
On motion by Mayor C.Zehr
it was resolved:
"That the following principles be approved with respect to the City's parking portfolio:
(a) the City should continue in the parking business to ensure control;
(b) parking should operate as an enterprise providing a dividend to the City (i.e. parking
authority), as a return on investment;
(c) parking subsidies should be considered an 'economic development tool' and each
should be accounted for and managed accordingly; and further,
That staff compile historic data on costs and financing for Downtown parking and
develop various models for the provision of parking in the Downtown for consideration at
a future Finance and Corporate Services Committee meeting."
REQUEST TO OPERATE MIDWAY - 4283 KING STREET EAST - MAY 20 - 25, 2003
The Committee was advised that a request has been received from Astro Zodiac to operate a
midway in The Brick parking lot from May 20 - 25, 2003. Given the short notice, staff and the
Ward Councillor were delegated authority to deal with this matter, including imposing any
necessary conditions, and advising Council on May 20th of their decision.
On motion by Councillor J. Gazzola
it was resolved:
"That notwithstanding Municipal Code Chapter 542 (Exhibitions, Circus, Midway or
Carnival), staff and the Ward Councillor be delegated responsibility for considering the
request of Astro Zodiac Enterprises Limited to operate a midway on May 20-25, 2003, in
the parking lot at 4283 King Street East (The Brick), and report their decision, including
any conditions deemed necessary, at the May 20, 2003 Council meeting."
11. ADJOURNMENT
On motion, the meeting adjourned at 3:30 p.m.
Dianne H. Gilchrist
Committee Administrator