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HomeMy WebLinkAboutFinance & Corp - 2004-04-05FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 5~ 2004 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:40 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors M. Galloway, J. Smola, and G. Lorentz. Councillor J. Gazzola, in attendance for part of the meeting. Staff: J. Fielidng, Chief Administrative Officer G. Sosnoski, General Manager of Corporate Services & City Clerk P. Houston, General Manager of Financial Services & City Treasurer F. Pizzuto, General Manager of Downtown Development & Community Services C. Ladd, General Manager of Strategic Services G. Stewart, General Manager Development and Technical Services S. Turner, Director of Enforcement R. Browning, Fire Chief G. Richardson, Manager Downtown Planning J. Sheryer, Assistant City Solicitor J. Koppeser, Manager of Licensing R. Gosse, Deputy City Clerk D. Gilchrist, Committee Administrator CRPS-04-052 - GREEK FOOD FESTIVAL - PERMISSION TO OPERATE REFRESHMENT STAND - EVENT OF "MUNICIPAL SIGNIFICANCE" The Committee was in receipt of Corporate Services Department report CRPS-04-052, dated March 29, 2004, with respect to a request received from the Greek Orthodox Community of St. Peter and Paul to operate refreshment stands on their premises on June 11-13, 2004, for the Greek Food Festival, and to have the festival declared an event of Municipal Significance. It was resolved: "That the Greek Orthodox Community of Saints Peter and Paul Kitchener-Waterloo & Cambridge, be granted permission to operate a refreshment stand on their premises at 527 Bridgeport Road East, Kitchener, on June 11 to 13, 2004, provided the necessary licence is obtained, including Health and Fire approval, and that a nominal fee of $10.00 be applicable; and further, That since this Festival is a celebration of our ethnic diversity it be declared an event of 'Municipal Significance' for the purpose of liquor licensing." CRPS-04-051 - HOLY SPIRIT FESTIVAL ASSOCIATION - LIQUOR LICENCE APPLICATION - DECLARATION AS "COMMUNITY FESTIVAL" The Committee was in receipt of Corporate Services Department report CRPS-04-051, dated March 29, 2004, advising of the request of the Holy Spirit Festival Association to have their event, to be held June 11-13, 2004, declared a "Community Festival" for the purpose of obtaining a liquor licence. It was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 11 - 13, 2004 at 1548 Fischer-Hallman Road East, Kitchener; and further, That this event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community." APRIL 5, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 48 - CITY OF KITCHENER CRPS-04-049 -OPTIMIST CLUB OF SOUTHWEST KITCHENER -REQUEST TO OPERATE HOT DOG CART SPORTSFIELD -APRILTO OCTOBER2004 AT SOUTHWEST The Committee was in receipt of Corporate Services Department report CRPS-04-049, dated March 29, 2004, with respect to a request received from the Optimist Club of Southwest Kitchener to operate a hotdog cart during sports events a the Southwest Sportsfields from April to October, 2004. It was resolved: "That the request of the Optimist Club of Southwest Kitchener to operate a Hot Dog Cart during sporting events at the Southwest Sportsfields from April to October, 2004, be approved, provided the necessary licence is obtained, including Health and Fire approval; and further, That the reduced fee of $10.00 be applicable." CRPS-04-050 -JOSEPH SCHNEIDER HAUS -HERB FAIR AND HEART AND HAND FESTIVAL - REQUEST FOR REDUCED FEE-TEMPORARY RETAIL MARKET LICENCE The Committee was in receipt of Corporate Services Department report CRPS-04-050, dated March 29, 2004, with respect to a request received from the Joseph Schneider Haus for a reduced fee for 2 events to take place at Joseph Schneider Haus on May 1, 2004 and August 29, 2004. On motion by Councillor C. Weylie - it was resolved: "That the request of Joseph Schneider Haus for a reduced fee for two Temporary Retail Market Licences for the following events to be approved, subject to obtaining all other necessary approvals: a) The Herb Fair and Perennial Exchange to held at the Joseph Schneider Haus on May 1,2004; and, b) The Heart and Hand Festival to be held at the Joseph Schneider Haus on August 28, 2004." CRPS-04-055 - RESURRECTION NEIGHBOURHOOD ASSOCIATION - REQUEST TO OPERATE BARBEQUES ON CITY PROPERTY ON MAY 15 OR MAY 167 2004 The Committee was in receipt of Corporate Services Department report CRPS-04-055, dated March 31, 2004, with respect to a request received from the Resurrection Neighbourhood Association to operate refreshment vehicles on City property on May 15, or 16, 2004. On motion by Councillor C. Weylie - It was resolved: "That the request of the Resurrection Neighbourhood Association to locate two barbeques on City property on May 15 or 16, 2004, one in Resurrection Park and one at the intersection of Glasgow Street and Resurrection Drive, in connection with a community yard sale, be approved." Councillor J. Gazzola entered the meeting at this time. APRIL 5, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 49 - CITY OF KITCHENER CSD-04-073 - LIQUOR LICENCE APPLICATION REVIEW - "A TASTE OF ITALY" PATIO, 20 KING STREET EAST The Committee was in receipt of Community Service Department report CSD-04-073, dated April 1,2004, with respect to the application to the Alcohol and Gaming Commission of Ontario for a liquor licence for an outdoor patio at 20 King Street East. On motion by Councillor J. Smola - it was resolved: "That the Alcohol and Gaming Commission of Ontario (AGCO) be advised that the Council of the Corporation of the City of Kitchener takes no action to oppose the application for an outdoor liquor licence for Venezia's "A Taste of Italy", to be located at 20 King Street East, Kitchener, applied for by Elizabeth Crocco, subject to the applicant entering into of an agreement with the City of Kitchener to include certain conditions of operation for an outdoor licenced patio; and, That staff prepare an agreement to be signed by the applicant stipulating the conditions under which the licenced patio will operate; and should the applicant fail to enter into the agreement with the City of Kitchener, the Alcohol and Gaming Commission of Ontario be advised that the Council of the Corporation of the City of Kitchener objects to the issuance of this liquor licence; and further, That the Applicant voluntarily requests the following conditions be added to the liquor licence for the patio. In the event that the AGCO, in its discretion, does not add the following conditions to the licence for the patio, the Applicant agrees to have those conditions added to and form part of the conditions in the private agreement with the City of Kitchener, and understands that the City's non-objection to the issuance of the licence for the patio is based on that agreement and continued compliance with it. Conditions The Applicant agrees: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct. 2. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings. To abide to a set 40% monthly ratio of alcohol sales to gross refreshment sales (including, food and other sundries) as set out in her application (in other words, alcohol sales will be limited to 40% 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 AGCO, and not to expand the licensed establishment, including the outdoor patio, without the consent of City Council. 5. To comply with the noise by-law and the smoking by-law. 6. To ensure that customers of Venezia's do not park their vehicles at any of the neighbouring private parking lots. 7. Not to create any garage-door-like wide opening on either the front or the back of the property. To ensure that its 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 situated in a way that does not impede the ingress and egress to the premises or obstruct the access to Fire Department connections. APRIL 5, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 50 - CITY OF KITCHENER CSD-04-073 - LIQUOR LICENCE APPLICATION REVIEW - "A TASTE OF ITALY" PATIO, 20 KING STREET EAST (CONT'D) 10. To equip the patio with a refuse container, clearly visible to the customer. 11. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 12. To clean up immediately 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. 13. To remove any stains in the patio area and in the area adjacent to the patio. 14. To erect and maintain a barrier surrounding the patio, such as a chain and post structure, measuring between 42" and 48" in height; to keep the barrier in good repair; and not to construct any chain link fencing. 15. To display an incidental sign within the patio area stating "No shirt, no shoes, no service". 16. To impose a dress code standard on the premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible for enforcing said requirement. 17. To provide outdoor supervision of the patio to ensure that the behaviour of patrons is not whistle or harass passers-by in any way. 18. To ensure that the occupancy of the patio does not exceed 18 persons, and subject to a building permit being applied for and approved, and encroachment agreement being entered into with the City. 19. Not to allow people to loiter/congregate within and around the perimeter of the patio. 20. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses. 21. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio barrier. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. 22. 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. 23. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 7. CRPS-04-044 - COLLECTION OF OLD PARKING FINES The Committee was in receipt of Corporate Services Department report CRPS-04-044, dated March 31, 2004, requesting the Committee's direction with respect to collecting parking fines which are approximately 10 years old. Mr. Turner was in attendance, and described the options available to the City, in this regard, as outlined in this report. APRIL 5, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 51 - CITY OF KITCHENER 7. CRPS-04-044 - COLLECTION OF OLD PARKING FINES (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That no action be taken to collect the fines owing with respect to outstanding parking tickets issued by the City of Kitchener between 1990 and 1993; and further, That the Region of Waterloo be notified to destroy the files associated with these fines in accordance with their records retention provisions." 8. CRPS-04-053 - COMPOSITION OF MUNICIPAL COUNCIL The Committee was in receipt of Corporate Services Department report CRPS-04-053, dated March 30, 2004, with respect to the options available to Council, as contained in the Municipal Act, to change the size of the Municipal Council. Mr. Sosnoski introduced the report advising that the Municipal Act now allows a Municipal Council to change its composition by by-law alone, provided the number of wards is not changed. If Council wishes to increase the number of wards, a by-law, as well as a Notice of Intention to Pass the By-law, and at least one public meeting is required. The process of increasing the number of wards is also open to appeal to the Ontario Municipal Board. Councillor Gazzola advised that he had requested this report because he would like to return to the 10 ward system in place prior to the year 2000 Municipal election. He stated that a larger Council allows for an increase in ideas discussed, and increased representation. A variety of responses to Councillor Gazzola's suggestion were presented by the Committee members, including: · having 2 Councillors for wards 1 and 6, given the volume of work in these wards, including the amount of change anticipated; · wards no longer contain homogeneous populations; · change from 6 to 8 wards; · do not pursue the issue at all at this time, as it is only 4 years since the last change; · hold community dialogue before pursuing any change; · if any changes are to be considered, the option of amalgamation should be included in those considerations, and be included in any community dialogue; · consideration should also be given to a 1-tier, 3 municipality, form of government. Councillor Gazzola put forward a motion to direct staff to investigate and provide details on 8 and 10 member Councils, and also provide details of a mechanism to solicit public input in this regard. A suggestion was put forward that Compass Kitchener would be the appropriate body to hold forums for generating public input on governance. Staff advised that there will be a Strategic Planning Session and a Special Finance and Corporate Services Committee meeting on April 19, 2004, with respect to a new Develop Charges By-law, and a further discussion on governance could take place some time that day. Mayor Zehr put forward a motion to defer consideration of this matter until April19, 2004, and staff approach Compass Kitchener regarding forums to obtain public input on governance. APRIL 5, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 52 - CITY OF KITCHENER CRPS-04-053 - COMPOSITION OF MUNICIPAL COUNCIL (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That consideration of Corporate Services Department report CRPS-04-053 (Composition of Municipal Council) be deferred and referred to the Special Finance and Corporate Services Committee meeting to be held on Monday April 19, 2004, after the Strategic Planning Session." ADJOURNMENT On a motion the meeting adjourned at 3:40 p.m. Dianne Gilchrist Committee Administrator