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HomeMy WebLinkAbout2013-09-09 FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 9, 2013 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 3:07 p.m. Present: Councillor S. Davey - Chair Mayor C. Zehr and Councillors D. Glenn-Graham, Y. Fernandes, B. Ioannidis, Z. Janecki, B. Vrbanovic, F. Etherington and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services M. May, Deputy CAO, Community Services R. Regier, Executive Director, Economic Development J. Readman, Director, Transportation Services B. Robinson, Director, Engineering P. Harris, Manager, Licensing B. Bennett, Manager, Business Development P. McCormick, Manager, Parking Enterprise N. Gollan, Manager, Stormwater Utility R. Morgan, Capital Investment Advisor C. Goodeve, Committee Administrator FCS-13-127 - LIQUOR LICENCE REVIEW APPLICATION - THE KITCHEN 1. - 21 WEBER STREET WEST The Committee considered Finance and Corporate Services Department report FCS-13-127, dated August 30, 2013 regarding the issuance of a Liquor Licence to The Kitchen, 21 Weber Street West. On motion, Councillor D. Glenn-Graham brought the recommendation contained in Report FCS- 13-127 forward for consideration, with an amendment to Condition 2 to permit the applicant to serve alcohol until 2:00 a.m. during the first year of operation, as opposed to 12:01 a.m. At the request of Councillor B. Vrbanovic, it was agreed that Councillor Glenn-Graham’s amendment would be voted on separately. The balance of the recommendation contained in Report FCS-13-127, with the exception of Carried. Condition 2, was voted on and was LOST Councillor Glenn-Graham’s amendment to Condition 2 was then voted on and on a recorded vote, with Councillors D. Glenn-Graham, P. Singh and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors B. Ioannidis, B. Vrbanovic, F. Etherington, S. Davey and Z. Janecki voting in opposition. Councillors K. Galloway-Sealock and J. Gazzola were absent and accordingly did not vote. On motion by Councillor B. Ioannidis Condition 2, as outlined in the recommendation contained Carried. in Report FCS-13-127, was brought forward for consideration and was On motion by Councillor D. Glenn-Graham - it was resolved: “That subject to the Alcohol and Gaming Commission of Ontario deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for The Kitchen, located at 21 Weber Street West, applied for by Edyta Mazur (herein referred to as the “Applicant”); and, That should the Alcohol and Gaming Commission of Ontario decide to hold a hearing with respect to the application for a liquor license for The Kitchen, located at 21 Weber Street West and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 9, 2013 - 87 - CITY OF KITCHENER FCS-13-127 - LIQUOR LICENCE REVIEW APPLICATION - THE KITCHEN 1. - 21 WEBER STREET WEST (CONT’D) That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 2. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 3. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 4. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and 5. these conditions shall bind all successors, assigns and subsequent licence holders (if any).” FCS-13-142 - LIQUOR LICENCE REVIEW APPLICATION - THE REN @ 41 2. - 41 KING STREET WEST The Committee considered Finance and Corporate Services Department report FCS-13-142, dated September 3, 2013 regarding the issuance of a Liquor Licence to The Ren @ 41 - 41 King Street West. On motion by Councillor D. Glenn-Graham - it was resolved: “That subject to the AGCO deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for The Ren @ 41 – 41 King Street West, applied for by 1066697 Ontario Inc. (herein referred to as the “Applicant”); and, That should the AGCO decide to hold a hearing with respect to the application for a liquor license for The Ren @ 41, located at 41 King Street West and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area’s License and Entertainment Committee and attend its meetings; FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 9, 2013 - 88 - CITY OF KITCHENER FCS-13-142 - LIQUOR LICENCE REVIEW APPLICATION - THE REN @ 41 2. - 41 KING STREET WEST (CONT’D) 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any).” CAO-13-029 - CTT FOREIGN MULTI-NATIONAL AFTERCARE GERMAN/DUTCH MISSION 3. The Committee considered Chief Administrator’s Office report CAO-13-029, dated August 28, 2013 regarding the CTT Foreign Multi-National Aftercare German / Dutch Mission. On motion by Councillor D. Glenn-Graham - it was resolved: “That in accordance with Council Policy II-35 (Conference, Seminar and Meeting Attendance and Expenses), participation of Brian Bennett, Manager Business Development, Economic Development, in the CTT Foreign Multi-National Aftercare German and Dutch Mission being held in Germany and the Netherlands, October 2013, be approved, as outlined in Chief Administrator’s Office report CAO-13-029.” INS-13-083 - SCOPE INCREASE FOR PURCHASE ORDER T12-069 4. - BRAMM YARDS DEVELOPMENT (#55 BRAMM STREET) Councillor P. Singh declared a pecuniary interest as he owns property in close proximity to 55 Bramm Street; and accordingly, he did not take part in any discussion or voting regarding this matter. The Committee considered Infrastructure Service Department report INS-13-083, dated August 26, 2013 recommending an increase of $184,000. to the existing purchase order T12-069 with Network Sewer and Watermain Ltd. In addition, the Committee was in receipt this date of three site plan maps of 55 Bramm Street, which depict the property: prior to development; after the development of the 449 parking spaces; and, the scope of work changes after the original contract was awarded. Mr. P. McCormick reviewed the report and confirmed that the increase would be funded through the Economic Development Investment Fund (EDIF) and would increase the payback period to approximately four years. Carried The following motion was voted on and was on a recorded vote, with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, F. Etherington, S. Davey, and B. Vrbanovic voting in favour; and, Councillors Z. Janecki, Y. Fernandes voting in opposition. Councillor P. Singh refrained from voting due to his declared pecuniary interest. Councillors J. Gazzola and K. Galloway-Sealock were absent and accordingly did not vote. On motion by Councillors B. Ioannidis - it was resolved: FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 9, 2013 - 89 - CITY OF KITCHENER INS-13-083 - SCOPE INCREASE FOR PURCHASE ORDER T12-069 4. - BRAMM YARDS DEVELOPMENT (#55 BRAMM STREET) (CONT’D) “That a $184,000., plus H.S.T. increase to the existing purchase order T12-069 with Network Sewer and Watermain Ltd., Cambridge Ontario, referenced in Finance and Corporate Services Department report FCS-12-185, be approved.” CAO-13-025 - BROWNFIELD REMEDIATION PROGRAM APPLICATION 5. - 55 MOOREGATE CRESCENT The Committee considered Chief Administrator’s Office report CAO-13-025, dated July 8, 2013 recommending approval of the Brownfield Remediation Program Application received from Savic Homes Ltd. for 55 Mooregate Crescent. Mr. R. Morgan reviewed the report. Carried Unanimously The following motion was voted on and was on a recorded vote by all members present. On motion by Mayor C. Zehr - it was resolved: “That the Brownfield Remediation Program Application for the property municipally addressed as 55 Mooregate Crescent, submitted by Savic Homes Ltd. dated November 20, 2012 be approved, as outlined in Chief Administrator’s Office report CAO-13-025; and, That subject to the City receiving a completed and filed Record of Site Condition, an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2012 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project, as compensation for the remediation of the above stated lands, be approved; and, That the annual City tax property tax grant is estimated to be $25,043. payable for eight years with $17,873. being paid on the ninth and final year following re-assessment by MPAC; and, That the Region of Waterloo Brownfield Coordinator be advised of the decision of Kitchener City Council regarding this matter; and further, That the Mayor and Clerk be authorized to execute an Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo and Savic Homes Ltd. to facilitate the Brownfield Remediation Program Application for 55 Mooregate Crescent.” INS-13-073 - 2014 RAIN PROGRAM EXTENSION 6. The Committee considered Infrastructure Services Department report INS-13-073, dated September 3, 2013 regarding an extension of the RAIN Program: An Ecological Approach to Stormwater Management in Kitchener to 2014 with a focus on non-residential properties. Mr. N. Gollan reviewed the report, advising that the proposed program extension cost of $228,000. would be funded through the budgeted surplus from the stormwater credit program. Councillor D. Glenn-Graham suggested that staff may want to investigate the possibility of directly partnering with Sustainable Waterloo Region to deliver the extended outreach program. On motion by Councillor B. Ioannidis the recommendation contained in Report INS-13-073 was brought forward for consideration. In response to concerns regarding the use of funding from the stormwater credit program, Mr. D. Chapman advised that the $1M grant received from the Ministry of the Environment’s (MOE) Showcasing Water Innovation (SWI) funding program was scheduled to end in 2013. FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 9, 2013 - 90 - CITY OF KITCHENER INS-13-073 - 2014 RAIN PROGRAM EXTENSION (CONT’D) 6. He stated that as a condition of receiving the SWI grant the City was to provide matching funding; of which only $800,000. has been expended. He commented that not utilizing the funding as part of the proposed program extension could potentially put the City at risk of losing $200,000. of the grant that has already been advanced by the MOE. A motion was brought forward by Councillor P. Singh to defer consideration of the staff recommendation to the September 16, 2013 Council meeting to allow time for information to be provided clarifying the risk to the City if the funds were not used to extend the RAIN Program into 2014. LOST. Councillor Singh’s deferral motion was then voted on and was Carried The following motion was voted on and was on a recorded vote, with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, F. Etherington, S. Davey, Z. Janecki and B. Vrbanovic voting in favour; and, Councillors P. Singh Y. Fernandes voting in opposition. Councillors J. Gazzola and K. Galloway-Sealock were absent and accordingly did not vote. On motion by Councillor B. Ioannidis - it was resolved: “That the Deputy CAO - Finance and Corporate Services Department be authorized to execute a contract extension with the Ministry of the Environment to the satisfaction of the City Solicitor for the 2014 RAIN Program: An Ecological Approach to Stormwater Management in Kitchener; and further, That the Deputy CAO - Finance and Corporate Services Department be authorized to execute a contract extension with Waterloo Region Green Solutions, doing business as REEP Green Solutions to the satisfaction of the City Solicitor for the 2014 RAIN Program: An Ecological Approach to Stormwater Management in Kitchener.” FCS-13-126 - CUSTOMER INFORMATION SYSTEM (CIS) REPLACEMENT INITIATIVE 7. UPDATE The Committee received Finance and Corporate Services Department report FCS-13-126, dated September 4, 2013 regarding the Customer Information System (CIS) replacement initiative. Mr. A. Ahkoon presented the report, advising that funding options for the implementation of an SAP Customer Relationship & Billing (CR&B) solution to replace CIS would be brought forward as part of Council’s 2014 Budget deliberations process. Councillor D. Glenn-Graham requested that staff investigate whether Oracle would have the same monthly software licencing costs as the SAP system. ADJOURNMENT 8. On motion, this meeting adjourned at 5:29 p.m. C. Goodeve Committee Administrator