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HomeMy WebLinkAbout2012-09-24FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 3:25 p.m. Present: Councillor S. Davey - Chair Mayor C. Zehr and Councillors J. Gazzola, B. Vrbanovic, Y. Fernandes, K. Galloway, P. Singh, B. Ioannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: J. Willmer, Chief Administrative Officer L. MacDonald, Acting Deputy CAO, Finance & Corporate Services M. May, Deputy CAO, Community Services J. Witmer, Acting Deputy CAO, Infrastructure Services R. Gosse, Director, Legislated Services & City Clerk R. Regier, Executive Director, Economic Development A. Pinard, Director, Planning J. McBride, Director, Transportation Services S. Berry, Director of Operations L. Johnston, Director of Communications J. Sheryer, Assistant City Solicitor B. Sloan, Manager of Long Range Planning G. Hummel, Manager of Park Planning / Development / Operations D. Ross, Manager, Development Review S. Di Donato, Manager, Arts and Culture P. Harris, Manager of Licensing J. Billett, Committee Administrator 1. CSD-12-127 - Demolition Control Application DC12/18/F/MV - 54 Fourth Avenue - Mary Potter CSD-12-128 - Demolition Control Application DC12/17/O/MV - 520 Ottawa Street South & 242 Kehl Street - Habitat for Humanity CSD-12-133 - Demolition Control Application DC12/19/E/MD - 50 Edmund Road - 1803036 Ontario Inc. The Committee considered the following Community Services Department reports: CSD-12-127, dated August 29, 2012 recommending approval of Demolition Permit Application DC12/18/F/MV for 54 Fourth Avenue; CSD-12-128, dated August 29, 2012 recommending approval of Demolition Permit Application DC12/17/O/MV for 520 Ottawa Street South and 242 Kehl Street; and, CSD-12-133, dated September 7, 2012 recommending approval of Demolition Permit Application DC12/19/F/MV for 50 Edmund Road. Councillor J. Gazzola questioned the process undertaken to canvass the surrounding neighbourhoods. Ms. D. Ross advised that circulation is not required under the Planning Act; however, in accordance with Council approved policy, where redevelopment is proposed a courtesy notice is sent to area residents within 60m of a subject property to advise of the public meeting at which the application will be considered and they may attend the meeting to speak to the application, if desired. Councillor Gazzola raised concerns that demolition proposed for 54 Fourth Avenue is similar to an application previously considered on Birch Avenue wherein area residents had opposed the redevelopment proposal for a semi-detached dwellling. Ms. Ross advised that the application for Birch Avenue differs in that the redevelopment proposed required a rezoning from R3 to R4; whereas, 54 Fourth Avenue is already zoned R4 which permits the proposed use. Councillor Z. Janecki questioned the timing of notification to area residents and was advised that staff attempt to give notice at least one week in advance of the meeting and where feasible 2 weeks notice is provided. Councillor Janecki raised concerns that the process allows for intensification and speculation wherein a developer can seek out purchase of small FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 128 - CITY OF KITCHENER Demolition Control Applications - (Cont’d) 1. lots in older neighbourhoods and then rebuild with something incompatible and/or disruptive to the neighbourhood. He suggested that this issue be considered in the next review of the City’s Official Plan and in context with zoning regulations. Councillor Y. Fernandes raised concerns in respect to the circulation area used to give notification for planning applications and inquired what Council policy changes would be required to provide for broader circulation. Councillor B. Ioannidis raised a point of order as to how the question of Councillor Fernandes is relevant to the demolition applications under consideration. Councillor Fernandes explained that she would like to see a greater circulation area for demolition control applications to provide better understanding among area residents as to what is happening in their neighbourhood. Ms. D. Ross advised that staff is currently reviewing policies governing demolition control applications and a report to Council is anticipated to come forward late in 2012 or early 2013, either in Committee or at a future strategic session. She further clarified that under the Planning Act the City can only consider demolitions in the context of preventing premature loss of housing stock and the impact of redevelopment to the existing neighbourhood. Councillor Fernandes questioned that in an instance where a lot sits vacant due to demolition how property standards issues would be dealt with. Ms. Ross advised that as with any property in the municipality property standards issues would be dealt with by By-law Enforcement staff. Councillor Davey questioned the frequency wherein redevelopment does not occur within the 2 year deadline. Ms. Ross advised that in her experience where demolition has occurred and redevelopment is proposed, the rebuild follows within an appropriate span of time. On motion by Councillor K. Galloway - it was resolved: “That Demolition Control Application DC12/18/F/MV requesting permission to demolishone (1) single detached dwelling located at 54 Fourth Avenue, owned by Mary Potter, be approved with the following condition: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” - and - “That Demolition Control Application DC12/17/O/MV requesting permission to demolish two single detached dwellings located at 520 Ottawa Street South and 242 Kehl Street owned by Habitat for Humanity, be approved with the following condition: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 129 - CITY OF KITCHENER Demolition Control Applications - (Cont’d) 1. - and - “That Demolition Control Application DC12/19/E/MD requesting permission to demolish one (1) single detached dwelling located at 50 Edmund Road, owned by 1803036 Ontario Inc., legally described as Plan 657 Lot 15 Part Lot 16, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” INS-12-075 - On-Street Parking Regulations - Sheldon Avenue North 4. The Committee considered Community and Infrastructure Services Department report INS-12- 075, dated September 6, 2012, concerning a parking prohibition proposed for the west side of Sheldon Avenue North. On motion by Councillor K. Galloway - it was resolved: “That parking be prohibited at any time on the west side of Sheldon Avenue North from a point fifty (50) metres north of Fairmount Road to a point forty-five (45) metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly.” INS-12-077 - Noise Exemption - Region of Waterloo Miscellaneous Improvements 5. The Committee considered Community Services Department report INS-12-077, dated September 12, 2012, concerning a request for an exemption to the City’s Noise By-law for certain construction works to be undertaken by the Region of Waterloo within the City of Kitchener. On motion by Councillor K. Galloway - it was resolved: “That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the miscellaneous improvements Contract No. 2012-013 in the City of Kitchener, only between the hours of 7:00 p.m. to 7:00 a.m. for the period from October 1, 2012 to October 12, 2012.” CSD-12-125 - Kitchener Growth Management Strategy - 2012 Annual Monitoring Report 6. The Committee considered Community and Infrastructure Services report CSD-12-125, dated September 5, 2012, which provides an overview of the 2012 KGMS Annual Monitoring Report. The monitoring report documents tracking of the general supply of land, and the achievement of intensification / density targets annually. Councillor J. Gazzola commented that this is a substantial document with lots of information and raised concerns that staff would not be making a presentation this date of at least highlights of the report. He questioned the feasibility of deferring this item to allow staff to FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 130 - CITY OF KITCHENER CSD-12-125 - Kitchener Growth Management Strategy 6. - 2012 Annual Monitoring Report (Cont’d) present highlights of the report at a subsequent meeting. Mr. B. Sloan advised that consideration of the matter is not time sensitive and if desired, deferral would be acceptable to allow for a presentation. Carried Unanimously. The following motion was On motion by Councillor K. Galloway - it was resolved: “That the staff recommendation contained in Community Services Department report CSD-12-125 (Kitchener Growth Management Strategy – 2012 Annual Monitoring be deferred to the October 15, 2012 Community and Infrastructure Report) Services Committee meeting to receive a presentation by staff on highlights of report CSD-12-125.” Delegation - Sale of Surplus Lands - Melvern Court 7. The delegation registered to speak to this item was not able to attend this meeting and the matter was withdrawn. INS-12-081 - Victoria Park Swan 8. The Committee considered this date Community Services Department report INS-12-081, dated September 24, 2012, concerning an incident in Victoria Park Lake involving a swan. It was noted that Ms. C. Esposti who registered to speak to this matter was unable to attend this meeting. Mr. G. Hummel advised that an incident had recently occurred involving a swan swimming in the fore-bay of Victoria Park Lake which caused undue stress to area residents living near the park. Mr. Hummel stated that part of the problem was the fact that Operations had no defined protocol in responding to this type of call. Since the incident, a new protocol between the City and the Humane Society has been established and additional staff will be trained on proper handling of the swans. In addition, he advised that the responding veterinary service was included in discussions concerning a protocol and will be the primary veterinary provider for the City going forward. Councillor P. Singh requested clarification of the timelines for response to the incident. Mr. Hummel advised that a call was received by the Corporate Contact Centre at approximately 4:45 p.m. advising a swan was stuck in the fore-bay of the Lake. He pointed out that swans often spend time swimming in the fore-bay and can exit the fore-bay at will. Mr. Hummel stated that the staff person receiving the call did not have an understanding from the information conveyed that the bird was in distress and as it is a frequent occurrence to have swans swimming in the fore-bay did not view it as an issue at that time. Councillor Singh questioned the time it would take for staff to respond if the concern had been conveyed more clearly and Mr. Hummel advised that typically staff would respond within 30 minutes. Councillor F. Etherington questioned when the City would receive results of the autopsy to be conducted on the deceased swan. Mr. Hummel advised that the City has received preliminary findings which indicate the swan was under-weight for a typical pre-winter bird; however, more testing has to be done with the results anticipated within the next 2 to 3 weeks. Councillor Etherington questioned that given the rock boundary around the lake is preventing the swans from getting out, if staff are satisfied the swans are getting adequate food. Mr. Hummel advised that the second swan was taken for a check-up and is in good health. He added that when the swans were put back into the lake some construction works were still ongoing requiring the lake levels to be lower than normal. The lake levels have returned to normal and the swans can now get out anywhere along the banks of the lake. Mr. Hummel further noted that the veterinary is satisfied that the swans are getting lots of food. Councillor Etherington questioned if there has been any occurrence of swans having difficulties getting over the FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 131 - CITY OF KITCHENER INS-12-081 - Victoria Park Swan (Cont’d) 8. mechanism of the fore-bay to exit and Mr. Hummel advised that staff have not witnessed any problems in this regard, noting that even though their wings are clipped, the swans can still rise 4 to 5 feet off the ground. Councillor Etherington questioned if staff is satisfied that the new protocol with the Humane Society will resolve the problems experienced with this incident. Mr. Hummel stated that the new protocols represent a significant step forward and staff will continue to review and make adjustments as necessary. Councillor Etherington referred to an arrangement between the Universities of Waterloo and Guelph who assist each other with calls relating to wildlife, questioning why the Preston Veterinary Clinic was chosen as the City’s provider. Mr. Hummel advised that the Clinic specializes in exotic birds which fits in well with this particular protocol. He added that he was not aware of any other similar type rescue agency in Kitchener to that of the one that responded to this incident but noted that staff can also still make use of an emergency veterinary clinic on Maple Grove Road. At the request of Councillor F. Etherington, Mr. J. Willmer agreed to provide Council with the dollar value of the existing contract with the Humane Society. Councillor J. Gazzola questioned who is responsible to pay for the autopsy and Mr. Hummel advised that the City is paying the associated costs. Councillor Gazzola questioned if the new protocol will result in additional staffing costs. Mr. Hummel advised that should a further incident occur there may be additional costs associated with on-call staff responding after hours. He added, however, that there have been very few issues with the swans and he hoped that this incident is an anomaly. Councillor Z. Janecki questioned who owns the swans and where they are kept in winter. Mr. Hummel advised that the City owns the 2 swans which are removed at end of the summer season and wintered at Waterloo Park with the City of Waterloo’s swans. Councillor Janecki questioned if it is planned to replace the swan that died. Mr. Hummel advised that the 2 swans were males which got along quite well with each other but noted that swans, especially when young are present, can be aggressive toward each other. He stated that it is intended to replace the deceased swan following the winter season which will provide opportunity to monitor the swans all together and determine which one is compatible with the other. Councillor Janecki questioned the cost of the autopsy and Mr. Hummel advised that the cost will be approximately $1,500. Mr. Hummel also agreed to provide Council with the costs associated with keeping swans in Victoria Park. Councillor Janecki questioned what staff would do if a call came in regarding other wild birds, such as Canada Geese. Mr. Hummel advised that in this instance it would be the responsibility of the Humane Society to respond, noting that it is only because the City owns the swans that the City is their caretaker. Councillor K. Galloway questioned if any other animals are under the City’s jurisdiction that the new protocol would be applied to and Mr. Hummel stated that to his knowledge there are no others beyond the swans that would fall under this protocol. Councillor Y. Fernandes requested clarification as to why the call from the Contact Centre was considered after hours. Mr. Hummel advised that core hours for Operations staff is 7:00 a.m. to 3:00 p.m., with primarily management staff remaining after 3:00 p.m. She questioned if seasonal part-time staff work longer hours and Mr. Hummel advised that during the warmer months seasonal part-time staff work in shifts and do cover a 3:00 p.m. to 11:00 p.m. shift. Councillor Fernandes suggested that the hours of operation is important to communicate with the public so they are aware that it may be difficult to reach staff after 3:00 p.m. She questioned if calls to the Contact Centre are recorded and Mr. J. Witmer agreed to follow-up on this matter. Councillor Fernandes questioned if the new protocol will address the citizen frustration experienced in this situation. Mr. Hummel stated that he believed it will go a long way toward improving response levels, by requiring staff to ask more prompting questions at the start to better understand the situation. On motion by Councillor F. Etherington the staff recommendation contained in report INS-12- 081 was brought forward for consideration, as modified to include direction to staff to report back on the results of the autopsy and if necessary, make recommendations on appropriate actions to be taken on those findings. FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 132 - CITY OF KITCHENER INS-12-081 - Victoria Park Swan (Cont’d) 8. Councillor Etherington advised that he was satisfied with the new protocol and as well, Ms. Esposti had indicated to him that she also was satisfied and had asked that her thanks be passed along to staff. Councillor K. Galloway requested that the motion be strengthened by adding wording to reflect Council’s endorsement of the new protocol and Councillor Etherington accepted her request as a friendly amendment. Councillor Y. Fernandes expressed the view that this has presented opportunity to review protocols and educate the public on expectations when making calls to the Corporate Contact Centre. She raised concerns that there is minimal staffing at Operations after 3:00 p.m. given many calls coming into the Contact Centre are related to functions of Operations. Councillor Fernandes expressed an interest in knowing how calls come in to the Centre, response times, if calls are recorded and how inquiries are moved forward, suggesting that tracking could take place over the next while and the information then be provided. Carried Unanimously. The following motion was On motion by Councillor F. Etherington - it was resolved: “That a donation of $500. be approved to Wildlife Haven Ontario Wildlife Rescue in appreciation of the goodwill services rendered to the swan in Victoria Park Lake; and, That the new protocol criteria as outlined in Infrastructure Services Department report INS-12-081, dated September 24, 2012 be endorsed; and further, That staff report back on the autopsy results for the deceased swan and if necessary, recommend appropriate action to be taken on those findings.” Add-On to Planning & Strategic Initiatives Committee (PSI) 9. Mr. J. Willmer advised that a presentation planned to be given by a representative of Canada’s Technology Triangle (CTT) was inadvertently missed from the PSI Committee agenda for today’s meeting to be held later on this evening. CTT’s representative is not available during the month of October and rather than delay the presentation further into the year, Mr. Willmer asked the Committee to consider adding the item to the PSI Committee agenda and move up the start time of the meeting to 6:30 p.m. to accommodate the presentation. Carried Unanimously. The following motion was On motion by Councillor B. Vrbanovic - it was resolved: “That a presentation by Canada’s Technology Triangle (CTT) be added to the September 24, 2012 Planning & Strategic Initiatives Committee agenda and the start time for the meeting be moved up to 6:30 p.m. at which time the presentation will be heard.” CAO-12-034 - Music Works: The Action Plan 10. The Committee considered Chief Administrative Office report CAO-12-142, dated September 17, 2012, which provides an overview of music cluster development activities, initiated as part of the 2011 Kitchener Economic Development Strategy (KEDs). Ms. S. Di Donato advised that the focus of the “Music Works” initiative is to support, facilitate and accelerate the local music business cluster, specifically in actions to create an environment for community success. She presented highlights of activities to date including: stakeholder consultations, industry research, formation of an Arts and Culture Advisory FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 133 - CITY OF KITCHENER CAO-12-034 - Music Works: The Action Plan (Cont’d) 10. Committee (ACAC) sub-committee and networking event. Actions and ideas were compiled resulting from the research / consultative activities and are considered a starting point with more consultation, networking events and action plans to follow to move this initiative forward. Councillor B. Ioannidis questioned if discussions have been held with organizations such as the Centre In The Square who are looking for ways to expand their audience, with one idea being to use the Centre as an area for recording. Ms. Di Donato advised that discussions have not been held with the Centre to date but could be undertaken as the initiative moves forward. Councillor B. Vrbanovic questioned how those ideas having associated costs will be dealt with and in particular, if costs will be built into existing budgets or business plans prepared for Council’s consideration. Ms. Di Donato advised that staff is exploring opportunity to build costs into existing budget envelopes where feasible and suggested that beyond, initiatives would be dealt with on a case by case basis. She added that some initiatives may be handled from within the community on their own without costs to the City and staff will bring a report on any initiatives involving the City. Councillor Vrbanovic questioned when information is planned to come back on the “immediate impact ideas”, as well as other longer term initiatives, given timing is important to ensure the City harnesses the synergy of the networking event. Ms. Di Donato advised that staff is looking at setting milestones for the work the ACAC sub-committee will be doing and a report may come forward as early as February 2013 on some larger initiatives and notwithstanding, an update is planned for the spring of 2013. Councillor P. Singh questioned if long term benefits resulting from this initiative could potentially be viewed as an employment generator. Ms. Di Donato advised that this is difficult to quantify at this time but noted that companies selecting sites for their businesses look for this kind of activity as a means to attract highly qualified individuals to their organizations. Councillor J. Gazzola questioned that given the number of recommendations received and the added work that will be required to implement same, if there is an expectation for need of additional staffing. Ms. Di Donato advised that staff is exploring options for implementation by leveraging community groups who spend their time volunteering and thereby increase capacity within the community. She stated that this initiative is only at an exploratory level at this time but will mean some staff time to assist in developing work plans and evaluation of ideas. Councillor Y. Fernandes questioned why the comparison to Austin, Texas given their environment is of a different mind set. Ms. Di Donato advised that a substantial number of North American cities are making use of Austin’s research, who is known for its best practices in music cluster development; and the City of Toronto is embarking on its own study based on the best practices identified in the Austin approach. She added that research was also conducted involving the City of Boston, as well as activities ongoing in the Cities of Vancouver and Montreal. Councillor Fernandes questioned who organized the networking event. Ms. Di Donato advised that staff, together with Machteld Faas Xander and the ACAC steering committee, had organized the event held at Hacienda Sarria. She advised that an approach was made initially to stakeholders and then opened up more widely to the public with approximately 150 attendees. She added that the logistics of the event and consultant were paid for by the City and as well, the City received sponsorship from Hacienda Sarria. Councillor Fernandes questioned what kind of jobs are anticipated to come from this initiative within the music industry. Ms. Di Donato advised that at the centre is the musicians themselves who need places to play and record which is one area to grow. In addition, distribution methods are another area to grow, taking advantage of digital media to create direct results from live performances; adding that secondary businesses to support musicians is anticipated to grow. Councillor Fernandes requested clarification of ACAC’s involvement. Ms. Di Donato advised that ACAC has been involved from the start, assisting in establishing a steering committee to undertake review and evaluation of the ideas received. Councillor Fernandes questioned if this initiative ties in with the work of the Creative Enterprise Group and Ms. Di Donato advised that the CEO of the Enterprise is a participant on the steering committee and the Enterprise is also currently working on their own initiatives to establish an on-line system to serve musicians. Councillor Fernandes commented that while the initiative is FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 134 - CITY OF KITCHENER CAO-12-034 - Music Works: The Action Plan (Cont’d) 10. interesting this is a type of activity to grow organically and she cautioned that the City should take care not to interject too much of its own ideas where music clusters should be, where the community may find other, better places to meet their needs on their own. Mr. R. Regier commented that there is good reason for excitement in bringing the aspect of arts and culture into the KEDs as it provides opportunity for the City to assume a facilitative role and act as a catalyst to move arts and culture forward across the Region. He stated that this initiative presents opportunity to take a new, fresh approach while maintaining existing practices and facilitating in the evolution of the industry by bringing stakeholders together to strategize and form connections. He noted that substantial work has already been accomplished completely without cost to the City, catalyzed only through consultation. He expressed the view that this is an exciting shift in the City’s approach, seen as an experiment that has garnered excellent initial results and it is intended to attempt this type of approach within other arts and culture industries. Councillor Fernandes questioned the cost of the networking event and Ms. Di Donato advised that the cost was approximately $15,000., approved by senior management from within an existing budget. Councillor F. Etherington questioned if the Creative Enterprise contributed to the cost of the event and that when time comes to consider hard costs, if they will be contributors. Ms. Di Donato advised that the Enterprise has not contributed funds to date but rather have participated through implementation of some of the resulting actions. She reiterated that they are also undertaking to provide an on-line support for specialty areas and other activities and have issued some grant funding. Councillor Etherington suggested that the K-W Art Gallery should also be included in consultations as they too are looking for ways to expand their outreach to the community. Councillor D. Glenn-Graham suggested that investigation also be undertaken in respect to a means to include this initiative as part of Kitchener’s brand for independent music and public art; adding that use of Speakers Corners as a place to plug in and perform would help to facilitate start-up opportunities for musicians. Carried Unanimously. The following motion was On motion by Councillor B. Vrbanovic - it was resolved: “That Chief Administrator’s Office report CAO-12-034 (Music Cluster Update), dated September 17, 2012, be accepted as information.” FSC-12-142 - Recording and Posting Council and Standing Committee Meetingsto the 11. City’s Website Due to time constraints this item was withdrawn. FCS-12-160 - Liquor Licensing Review Committee Review 12. The Committee considered Finance and Corporate Services Department report FCS-12-160, dated September 17, 2012, which provides an overview of the Liquor Licensing Review Committee (LLARC) process. Councillor B. Vrbanovic questioned if staff had considered how to pro-actively address limiting the size of licensed facilities and therefore, opening up to a mix of facilities through zoning. For example, he suggested that the City would welcome numerous licensed restaurants, bars or other individually licensed smaller facilities in the downtown but may have concerns with a single, large sized bar. Ms. Harris advised that zoning was not looked at as part of this review; however, she pointed out that in the 1990s zoning was investigated but found not to be FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 24, 2012 - 135 - CITY OF KITCHENER FCS-12-160 - Liquor Licensing Review Committee Review (Cont’d) 12. feasible and is the reason the City has chosen the LLARC process. She noted that many other cities, including the City of Hamilton, have also chosen the LLARC process rather than zoning. Councillor J. Gazzola requested clarification of the criteria used in evaluating a business that wishes to obtain a liquor license and in particular, referenced the ratio of liquor sales to gross sales. Ms. Harris provided an example wherein the ratio used for a restaurant would be 30% alcohol to 70% food, whereas a bar would be 70% alcohol and 30% food. Councillor Gazzola questioned if there have been any cases where the Alcohol and Gaming Commission of Ontario (AGCO) has not applied the conditions requested by the City to an applicant’s liquor license. Ms. Harris advised that she could not recall an instance where they had not and noted that the City can request a hearing if an applicant objects to the conditions proposed by the City. She added that in most instances the conditions have been applied and the AGCO does take the City’s requests for conditions seriously. Councillor Y. Fernandes questioned if there is opportunity for a smaller licensed facility such as a bistro or café to be in close proximity to a larger licensed facility such as a bar. Ms. J. Sheryer advised that a business would not be told they cannot open simply because they are beside a larger licensed facility but rather based on evaluation using the stated criteria consideration would be given to such matters as crowd control and conditions may be applied to assist the business in maintaining good neighbour relations. Councillor Fernandes questioned if those businesses of a smaller style would come to Council to plead their case if refused by LLARC. Ms. Sheryer advised that all recommendations of LLARC are forwarded to Council and applicants have opportunity to appear at that time to address Council if desired. Councillor D. Glenn-Graham questioned what criteria is used in evaluating smaller businesses such as a café. Ms. Harris advised that the same criteria is used for all business types. Councillor Glenn-Graham questioned the process if a business is already licensed and wanted to add a café. Ms. Harris advised that if already licensed by the AGCO the City would not have ability to comment through this process. Ms. Sheryer added that the City is only able to make comment on new applications for liquor licenses and are not necessarily notified of any transfers. Councillor Glenn-Graham requested further clarification respecting cafes and Ms. Sheryer advised that while the criteria used in evaluating is the same it would be recognized that a smaller facility will have less impact and may prompt lesser or differing conditions to be applied. Councillor Glenn-Graham questioned if this process includes special events in the downtown and was advised that the City does not comment on special event applications unless they involve a capacity of more than 5,000. ADJOURNMENT 13. On motion, the meeting adjourned at 5:20 p.m. J. Billett, AMCT Committee Administrator