HomeMy WebLinkAboutFinance & Corp - 2003-06-09FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE gl 2003 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor B. Vrbanovic, commencing at 3:40 p.m., with the following members present: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, J. Smola and J. Gazzola. Councillor G. Lorentz was in attendance for part of the meeting. Officials Present: Ms. P. Houston, Ms. L. MacDonald, Ms. J. Sheryer, Ms. C. Ladd, Ms. S. Adams, Ms. J. Koppeser, Ms. C. Heal, Ms. J. Billett and Messrs. J. Fielding, R. Browning, G. Sosnoski, R. Gosse, F. Pizzuto and S. Turner. 1. DTS-03-096 - LETTER OF INTENT - CBRNR LEVEL 2 RESPONSE TEAMS The Committee was in receipt of Development and Technical Services Department report DTS- 03-096, dated May 23, 2003 concerning a request from the Province of Ontario to enter into discussions respecting the establishment of Level 2 CBRNR (chemical, biological, radiological and nuclear) response teams. Level 2 response teams will mobilize, as required, in response to hazardous materials incidents Province-wide. Fire Chief R. Browning commented that since the September 11, 2001 tragedies, the Province has established CBRNR Level 1 Response Teams in Ottawa, Toronto and Windsor. He advised that the next phase of the program will be to establish Level 2 Response Teams throughout the Province and the City of Kitchener has been approached to determine if there is interest in participating. He pointed out that prior to entering into discussions with the Province, Council's approval is required. On motion by Councillor J. Gazzola: it was resolved: "That subject to the satisfaction of the City Solicitor, the Fire Chief be authorized to sign a Letter of Intent for the City of Kitchener to enter into discussions with the Province of Ontario as part of the Hazardous Material Response coalition with the Cities of Cambridge and Waterloo, with the anticipated outcome of being designated a Level 2 Response Team within the Province." CRPS-03-113 - OUTDOOR PATIO EXTENSION - 85 KING STREET WEST - DANDY'S RESTAURANT The Committee was in receipt of Corporate Services Department report CRPS-03-113, dated June 4, 2003 concerning a request to extend the outdoor patio at Dandy's Restaurant. In response to questions, Mr. G. Sosnoski advised that no complaints have been received regarding the operation of the outdoor patio. He further advised that Licensing and Legal staff have advised they have no concerns with the request to extend the patio. On motion by Councillor J. Gazzola: it was resolved: "That the request of Dandy's Restaurant, 85 King Street West, to extend the patio in front of their premises on July 4, 2003, as part of Cruise Night sponsored by the Kitchener Downtown Business Association, be approved; and further, That this approval be conditional upon the patio conforming to the sketch appended to the May 30, 2003 correspondence of Peter Bardouniotis, being an area approximately 18' x 20' and accommodating 6 tables." CRPS-03-109 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - CRUISING ON KING STREET - KITCHENER DOWNTOWN BUSINESS ASSOCIATION - JULY 4, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-109, dated June 3, 2003 concerning a noise exemption request for the 'Cruising on King Street' event. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 9~ 2003 -66 - CITY OF KITCHENER CRPS-03-109 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - CRUISING ON KING STREET - KITCHENER DOWNTOWN BUSINESS ASSOCIATION - JULY 4, 2003 (CONT'D) On motion by Councillor J. Gazzola: it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Downtown Business Association between the hours of 4:00 PM and 11:00 PM on July 4, 2003, for their 'Cruising on King Street' event." CRPS-03-108 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - 200 KING STREET EAST - HARRY'S GRILL - CHILDREN'S WISH FOUNDATION FUNDRAISER / SILK ROAD FESTIVAL / CRUISING ON KING STREET EVENT - JUNE 14, 20 AND JULY 4, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-108, dated June 2, 2003 concerning a noise exemption request for three special events to take place between June 14 and July 4, 2003. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Councillor J. Gazzola: it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 11:00 AM and 2:00 AM on June 14, 2003, for a Children's Wish Foundation Fundraiser, provided all outdoor music ceases at 10:00 PM; and further, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 3:00 PM and 2:00 AM on June 20, 2003, for the Silk Road Festival, provided all outdoor music ceases at 10:00 PM; and further, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 3:00 PM and 2:00 AM on July 4, 2003, for the 'Cruising on King Street' event, provided all outdoor music ceases at 10:00 PM." CRPS-03-110 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - KING / SCOTT / DUKE / FREDERICK STREETS - INDUSTRIAL WATERBLAST SERVICES - MARKET SQUARE - JUNE 16, 17 AND 18, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-110, dated June 3, 2003 concerning a noise exemption request to undertake pressure washing of the exterior of the Market Square building. In response to a question from Councillor J. Gazzola, Mr. S. Turner advised that there is no legal requirement to give prior notification to neighbouring residences and given the time constraints, no notice was given in this instance. Councillor J. Gazzola asked that staff provide notice of the Committee's decision to neighbouring residences. Councillor G. Lorentz entered the meeting at this time. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 9~ 2003 -67 - CITY OF KITCHENER CRPS-03-110 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - KING / SCOTT / DUKE / FREDERICK STREETS - INDUSTRIAL WATERBLAST SERVICES - MARKET SQUARE - JUNE 16, 17 AND 18, 2003 (CONT'D) It was noted in the agenda that any recommendation from this Committee will be considered at the Special Council meeting to be held later this date. On motion by Councillor J. Gazzola: it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Industrial Waterblast Services, to undertake pressure washing of the exterior of the Market Square building between the hours of 10:00 PM and 6:00 AM on June 16, 17 and 18, 2003." DTS-03-101 - AMENDMENT TO LIQUOR LICENCE FOR OUTDOOR PATIO - 125 KING STREET WEST - THE STILL The Committee was in receipt of Development and Technical Services Department report DTS- 03-101, dated June 3, 2003 concerning a request from The Still to amend conditions of their liquor licence. Correspondence was attached to the report in support of the request from Mr. C. DiBattista, President, The Still and Mr. Marty Schreiter, Executive Director, Kitchener Downtown Business Association (KDBA). An additional letter of support was circulated this date from Ms. A. Petsche Good, Petsche's Shoes, dated March 19, 2003. Ms. C. Heal presented the recommendations of the Liquor Licence Application Review Committee (LLARC), which address three proposed amendments to conditions of the liquor licence for the outdoor patio, as follows: · not opposed to amending condition 13 to allow use of acrylic glasses / ceramic plates in place of plastic; · not opposed to amending condition 14 to remove the requirement to have tables fixed in concrete; · recommend Council object to the proposed amendment to condition 6 to change the closing time of the outdoor patio from 1:00 a.m. (sale of alcohol to cease at 12:15 a.m.) to 1:45 a.m. (sale of alcohol to cease at 1:00 a.m.). Ms. Heal advised that as the patio has not yet been open for a full season, LLARC would like an opportunity to observe operations of the patio during the 2003 season, following which the requested amendment to condition 6 could then be reconsidered. She pointed out that closing times is one of a limited number of control mechanisms the City can use to control licensed establishments and once relaxed, is not regainable. Ms. Heal commented that a unanimous decision was not reached by LLARC with respect to the recommendations presented this date and introduced Mr. Marty Schreiter, Executive Director, KDBA, who has declared a "minority dissent". Mr. Schreiter advised that he was not in agreement with LLARC's position respecting the proposed amendment to condition 6. He commented that negative perceptions at the time the original liquor licence application was considered have changed as a result of a strong partnership with the establishment and a better understanding of the business. He commended the establishment in taking a leadership role with respect to liquor licensing and for their contributions to LLARC. He acknowledged that this establishment has consistently operated a well-managed eating/entertainment facility and has achieved a standard above and beyond expectations. Mr. Schreiter advised that this establishment has proven to be a significant contribution to the downtown and encouraged support to allow an extension to the closing time as requested. Mr. Schreiter responded to several questions concerning hours of operation for outdoor patios and it was noted that closing hours differ between the cities of Kitchener (1:00 a.m.) and Waterloo (2:00 a.m.). Mr. Darryl Moore, General Manager of The Still, attended in support of the requested amendments and acknowledged that the establishment was initially faced with skepticism. He JUNE 6. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES 9~ 2003 - 68 - CITY OF KITCHENER DTS-03-101 - AMENDMENT TO LIQUOR LICENCE FOR OUTDOOR PATIO - 125 KING STREET WEST - THE STILL (CONT'D) pointed out that all required standards have been met and exceeded. He stated that his establishment has been managed with class and integrity, and has contributed significantly to downtown redevelopment. He clarified that the amendment to condition 13 was not intended to remove use of plastic dinnerware but rather to allow use of both plastic and ceramic dinnerware. He pointed out that the request to extend the closing time will allow patrons leaving theatres at or around midnight to be accommodated on the outdoor patio during summer months. Mr. Moore asked that the City maintain confidence in his establishment and support the extended closing time. Councillor J. Gazzola referred to the different closing standards and Ms. C. Heal advised that Kitchener has consistently dealt with outdoor patios that require permission to encroach on City sidewalks by imposing closing hours at midnight. She pointed out that the closing hour of 1:00 a.m. at The Still was established by the Alcohol and Gaming Commission (AGC©) at a hearing to consider its original liquor licence application. Members of the Committee spoke in favour of the requested amendment to condition 6, expressing appreciation for accomplishments made in setting high standards and introducing an attractive, well-managed eating/entertainment facility within the downtown. On motion by Councillor C. Weylie: it was resolved: "That with regard to three proposed amendments to three conditions that form part of the liquor licence for the outdoor patio of The Still at 125 King Street West, Kitchener, the following recommendations of the Liquor Licence Application Review Committee (LLARC) be approved, as revised: That Council take no action to oppose the proposed amendment to condition #13 to remove the plastic plate requirement, and allow the use of acrylic glasses and ceramic plates. That Council take no action to oppose the proposed removal of the portion of condition #14 that requires tables to be fixed in concrete. That Council take no action to oppose the proposed amendment of condition #6 to extend the closing time of the outdoor patio from 1:00 a.m. (the sale of alcohol to cease at 12:15 a.m.) to 1:45 a.m. (the sale of alcohol to cease at 1:00 a.m.)." The motion was carried unanimously. CRPS-03-11 - REQUEST TO AMEND BY-LAW 2003-48 (STREET VENDORS BY-LAW) - TO ADD NEW LOCATION - NEW KITCHENER MARKET AREA - DWIGHT LAMONT The Committee was in receipt of Corporate Services Department report CRPS-03-111, dated June 4, 2003 advising of a request to amend the Street Vendors By-Law to add a new location in the vicinity of the new Kitchener Market. It was noted in the report that construction of the new Market is still underway and it was staff's opinion this request is premature. On motion by Councillor J. Gazzola: it was resolved: "That no action be taken with regard to a request from Dwight Lamont to amend the City's Street Vendors By-law to add a new location on City property in the area of the new Kitchener Market." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 9~ 2003 -69 - CITY OF KITCHENER CRPS-03-112 - PERMISSION TO HOLD SPECIAL EVENT AND SELL FOOD / ALCOHOL - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - KITCHENER CITY HALL - CIVIC SQUARE - SERBIAN COMMUNITY EVENT- JULY 31, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-112, dated June 4, 2003 advising of a request for a noise exemption and permission to sell food and alcohol in Civic Square for a special event. In response to a question from Councillor C. Weylie, Ms. J. Koppeser advised that the event will operate during the day and end at approximately 8:00 p.m. in the evening. On motion by Mayor C. Zehr: it was resolved: "That the Serbian Community Event be approved to sell food in Civic Square on July 31, 2003, provided the necessary licence is obtained, including Health and Fire approval; and, That the Serbian Community Event on July 31, 2003, be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the event; and further, That in celebration of our ethnic diversity, the Serbian Community Event be designated as an event of municipal significance for the purpose of applying for a liquor licence." CRPS-03-095 - REVIEW OF MUNICIPAL CODE CHAPTERS 650 (LOT MAINTENANCE) AND 665 (PROPERTY STANDARDS) - STORAGE OF UNLICENSED VEHICLES 10. The Committee was in receipt of Corporate Services Department information report CRPS-03- 095, dated June 3, 2003 prepared in response to Council direction to review notice procedures for issuing Orders to remove unlicensed vehicles stored on private property. It was noted in the report that Chapter 665 (Property Standards) provides an appeal process whereas Chapter 650 (Lot Maintenance) does not. It was further noted in the report that while it is intended Chapter 665 become the preferred avenue in dealing with unlicensed vehicles, staff want to maintain flexibility to use either chapter as the need arises. Mr. S. Turner responded to several questions during which he explained that under the Lot Maintenance chapter unlicensed vehicles are treated as derelict / waste material whereas under Property Standards the issue is one of storage rather than waste. He pointed out that in dealing with this issue the matter can be very subjective as to a person's perception of the condition of the unlicensed vehicle. He commented that under Lot Maintenance an unlicensed vehicle considered to be derelict, and which may pose a safety concern, can be dealt with in a very short period of time, whereas the appeal process under Property Standards can take up to three weeks to complete. Members of the Committee indicated they were satisfied with the information provided. CSD-03-083 - CAPITAL EXPENDITURE - DOWNTOWN WELLNESS CENTRE - OPERATING AGREEMENT -WATERLOO CATHOLIC DISTRICT SCHOOL BOARD - ST. MARY'S SCHOOL SITE, ONTARIO AND WEBER STREETS The Committee was in receipt of Community Services Department report CSD-03-083, dated June 4, 2003 outlining details of a proposal to partner with the Waterloo Catholic District School Board to establish a Downtown Wellness Centre in the former St. Mary's High School site at Ontario and Weber Streets. The Committee was also in receipt of correspondence in support of the proposal, dated May 1, 2003 from Ms. Joanne Davis, Core Community Centre Working Group and a Conceptual Report, prepared by the Walter Fedy Partnership on behalf of the Waterloo Catholic District School Board, dated June 4, 2003. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE gl 2003 -70 - CITY OF KITCHENER 10. CSD-03-083 - CAPITAL EXPENDITURE - DOWNTOWN WELLNESS CENTRE - OPERATING AGREEMENT -WATERLOO CATHOLIC DISTRICT SCHOOL BOARD - ST. MARY'S SCHOOL SITE, ONTARIO AND WEBER STREETS (CONT'D) Mr. F. Pizzuto provided an overview of the report and commented that he was excited to bring forward a proposal which will significantly boost downtown revitalization and growth. He referred to a Feasibility Study which had identified various sectors of the City where there was a need for community centres, commenting that many are now either completed or monies set aside for them. He advised that a community centre for the downtown was also identified in the Study to be implemented when an opportunity arose. He stated that the time for such an opportunity is now in partnering with the Waterloo Catholic District School Board (WCDSB), who is in the process of moving it's Board offices to the former St. Mary's school site. He stated that significant savings in construction costs will be realized by incorporating the centre into the Board's renovation plans, pointing out that the estimated cost of $2.5 M is less than half the cost of constructing a new facility. He commented that more than any other City sector the downtown core is lacking in adequate community facilities and discussions with the Core Community Centre Working Group (CCCWG) have been very positive toward this proposal. Ms. Stephanie Clarke, Central Frederick Neighbourhood Association and member of the CCCWG, attended in support of the proposal and expressed appreciation at having this opportunity presented to them. She stated that all 6 Neighbourhood Associations in the vicinity of the downtown are supportive of the proposal. She advised that the Group has developed a Business Plan, previously circulated to members of Council and is strongly committed to undertaking fundraising for this project. Ms. Clarke responded to several questions, advising that there is potential to form partnerships with other Neighbourhood Associations and the Central Frederick Neighbourhood Association will contribute financially to the captial costs of the facility. Mr. F. Pizzuto responded to a number of questions from Councillor J. Gazzola, advising that a Downtown Wellness Centre would consist of recreational and social community facilities, with potential to include health related facilities in future. He advised that if the City was not willing to commit at this time, the School Board has indicated that they will proceed with renovations on a smaller scale, and part of the building would be demolished and/or leased to another party. He commented on economic benefits expected to be realized as a result of the partnership proposal, as well as projected costs for operation and maintenance of the centre. Mr. Pizzuto confirmed that Mr. H. Gross, Director of Project Administration, had reviewed the conceptual plans and was of the opinion it is incumbent to set a maximum project cost. Mr. Pizzuto also confirmed that Mr. Gross is satisfied with the cost as it now stands. In response to Councillor C. Weylie, Mr. Pizzuto advised that there is opportunity for seniors programming to be included in the proposed facility and area residents will be given that option. Councillor M. Galloway raised a number of questions to which Mr. Pizzuto responded, advising that it is intended to house all 6 Neighbourhood Associations in the vicinity of the downtown in a permanent facility and allow them to take a leadership role in programming. He pointed out that discussions have only been preliminary at this time as staff did not want to raise expectations until approval to proceed has been given by Council. Mr. Pizzuto noted that the Victoria Park School Centre will be included in project discussions to determine impact to the facility and staff will bring forward recommendations at an appropriate time. Councillor J. Smola questioned the impact if approval was given "in principle" and Mr. Pizzuto advised that the Board requires a definitive response now in order to move forward with renovations plans. He further advised that approval "in principle" could result in this opportunity being lost, as the Board may decide to proceed with demolition of part of the structure. Mayor C. Zehr referred to the proposed funding and Mr. Pizzuto confirmed that staff are recommending that $800,000. available in Superbuild funds, together with reallocation of $1.7 M from the former parking garage project, be used to fund this project. In response to Councillor G. Lorentz, Mr. Pizzuto advised that informal discussions have been held with the Kitchener Downtown Business Association, Waterloo Regional Police and other downtown agencies, all of whom have indicated there is a need for such a facility in the downtown. 10. CSD-03-083 - CAPITAL EXPENDITURE - DOWNTOWN WELLNESS CENTRE FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE gl 2003 -71 - CITY OF KITCHENER - OPERATING AGREEMENT -WATERLOO CATHOLIC DISTRICT SCHOOL BOARD - ST. MARY'S SCHOOL SITE, ONTARIO AND WEBER STREETS (CONT'D) Councillor J. Gazzola referred to a separate report pending for discussion at the Community Services Committee meeting to be held later this date dealing with construction of the Stanley Park Community Centre and questioned why the two proposed centres were being considered in isolation. Mr. J. Fielding commented that staff have been specifically asked to investigate downtown projects and the proposed Downtown Wellness Centre is one of many to come. He pointed out that discussion respecting the School Board's move to the downtown has been ongoing for several months and has presented an opportunity for a partnership arrangement that will require financial commitment from the City. Mr. Fielding stated that in pursuing this opportunity staff have found capital dollars to support the project and have now brought it forward for the Committee's consideration. He commended staff for their efforts and encouraged the Committee to give its support to the project. Committee members primarly spoke in favour of the project, commenting on the potential to fulfill a long standing need by developing a community facility that will add vibrancy and attract residential growth to the downtown. Comments were also expressed regarding the benefits of partnering with the School Board to reduce capital costs and the economic gains to be realized in undertaking this project. Councillor C. Weylie requested that staff ensure attention is given to the Victoria Park School Centre to minimize impact to this facility. Councillor J. Gazzola spoke in opposition to the proposal, suggesting that if monies are available all projects and in particular community centres, should be reviewed and priorities re-assessed. A recorded vote was requested by Councillor J. Gazzola. On motion by Councillor J. Smola: it was resolved: "That a capital expenditure to a maximum of $2.5 million be approved for a Downtown Wellness Centre; and, That the City of Kitchener partner with the Waterloo Catholic District School Board on co- locating the Wellness Centre in the former St. Mary's school site at Ontario and Weber Streets; and further, That subject to the satisfaction of the City Solicitor, the City enter into an operating agreement with the Waterloo Catholic District School Board for the operational aspects of the Centre." Mayor C. Zehr and Councillors C. Weylie, B. Vrbanovic, M. Galloway, G. Lorentz and J. Smola voted in favour of the motion and Councillor J. Gazzola voted in opposition. 11. SSD-03-018 -2002 DOWNTOWN MONITORING REPORT The Committee was in receipt of Financial Services Department information report SSD-03-018, dated May 26, 2003 outlining details of an analysis of the progress and performance of the downtown in 2002. Mr. F. Pizzuto provided an overview of the report, highlighting significant developments and accomplishments achieved in 2002. Mr. Pizzuto extended an invitation to members of the Committee to attend the "Kitchener Downtown Evolution Showcase" to be held in the City Hall Rotunda on June 10, 2003. He advised that the 2002 Downtown Monitoring Report will be presented to downtown businesses, merchants, property owners and community partners at this event. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 9~ 2003 -72 - 12. ADJOURNMENT On motion, the meeting adjourned at 5:25 p.m. CITY OF KITCHENER Janet Billett, AMCT Committee Administrator