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HomeMy WebLinkAboutFinance & Admin - 2000-05-01FAC\2000-05-01 FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 17 2000 CITY OF KITCHENER The Finance and Administration Committee met this date commencing at 10:45 a.m. under Councillor J. Ziegler, Chair, with the following members present: Mayor C. Zehr and Councillors G. Lorentz, John Smola, J. Haalboom, C. Weylie, T. Galloway, B. Vrbanovic and K. Taylor-Harrison. Councillor M. Yantzi entered the meeting after its commencement. Officials Present: Ms. J. Koppeser, P. Houston, C. Ball, K. Dever and Messrs. J. Gazzola, R. Pritchard, G. Sosnoski, F. Pizzuto, G. Melanson, J. Witmer, J. Shivas and L. Neil. 1. BPS 00/48 - CAFFE GALLERY BOLERO, 9 WATER STREET NORTH The Committee considered Business and Planning Services staff report BPS 00/48 dated April 17, 2000 dealing with a liquor licence application for Caf~ Gallery Bolero, 9 Water Street North. It was pointed out in the report that in accordance with Council direction pertaining to applicants for liquor licences in the downtown, an information form has been reviewed by the Liquor Licence Application Review Committee which then makes a recommendation to Council as to whether or not the application is contrary to the public interest. The results of the Committee's review were itemized in the staff report. In response to Councillor B. Vrbanovic, Ms. J. Koppeser advised that it was the Committee's view that the business would be more of a restaurant than a bar based on information submitted by the applicant. On motion by Councillor T. Galloway - it was resolved: "That Council take no action to oppose the application for a liquor licence for Caffe Gallery Bolero, 9 Water Street North, Kitchener." 2. BPS 00~53 - CAFI5 MILANO, 273 KING STREET WEST The Committee was in receipt of Business and Planning Services staff report BPS 00/53 dated April 28, 2000 dealing with a liquor licence application for Caf~ Milano, 273 King Street West. The staff report pointed out that this licence had also been reviewed in accordance with Council direction as outlined in the preceding item. However, in this case staff were recommending that in light of the information provided by the applicant, Council oppose the application for a liquor licence. Mr. Milan Kovacevic appeared as a delegation in support of his liquor licence application. He maintained that Caf~ Milano was not in the same category as bars and that Mr. D. Corks had assured him that the operation would not be considered a bar. Further, he stated that he did not see much difference between his application and the application which the Committee had dealt with for Caf~ Gallery Bolero. Mr. Kovacevic advised that he owns two other businesses in Kitchener and two in Waterloo and that he had never had a liquor infraction lodged against him in seven years. He then addressed the results of the review by the Liquor Licence Application Review Committee as itemized in the staff report and on the issue of a menu he advised that he had been caught off guard by the Committee's consideration of this matter and had now developed an example of what could be done given the capability of the kitchen in the existing premises. He noted that coffee and cake would probably comprise approximately 60% of sales. Councillor M. Yantzi entered the meeting at this point. In response to Councillor J. Ziegler, Mr. Kovacevic indicated that he could abide by all of the conditions listed on Page 3 of the staff report with the exception of Condition (a) relating to hours of operation. He responded to further questions of the Committee with respect to clientele and the form of business operation in that regard, as well as the ratio of alcohol to food sales which he suggested would be in the range of 10 - 25%. Mayor C. Zehr commented that the intent of the Council policy was to not allow proliferation of large bars and night-clubs in the downtown and that it was not intended that the policy erect a roadblock that would inhibit small business development. Following comment by Councillor J. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 1, 2000 - 39- CITY OF KITCHENER Haalboom, Mayor C. Zehr emphasized that the City does not control the application process BPS 00~53 - CAFI~ MILANO, 273 KING STREET WEST, (CONT'D) but can only request conditions be imposed. On motion by Mayor C. Zehr - it was resolved: "That Council take no action to oppose the application for a liquor licence by Caf~ Milano, 273 King Street West, Kitchener." Clarification was requested by Mr. G. Melanson noting that the Application Review Committee would be willing to support a recommendation of no objection if the applicant consented to the conditions outlined in the staff report. Mr. Kovacevic had previously indicated that he could abide by all the conditions with the exception of the hours of operation. Direction was given to Mr. G. Melanson to advise the Alcohol and Gaming Commission that Council was not opposing the application on the understanding that the applicant was willing to have the conditions in the staff report except condition (a) be voluntarily included in his liquor licence. 3. FOUR POINTS HOTEL - REQUEST TO USE CITY SIDEWALK FOR FOOD AND BEVERAGE SALES The Committee considered a report dated April 25, 2000 from the Manager of Licensing dealing with an April 7, 2000 request from the Four Points Hotel. On motion by Councillor G. Lorentz - it was resolved: "That the Four Points Hotel, Kitchener, be granted permission to extend their food and beverage sales onto the city sidewalk in front of Bistro 105 during the Motorcycle Show and Shine on May 26, 2000, provided the approval of the Waterloo Regional Health Unit is obtained." HOT DOG CART OPERATOR - REQUEST TO LOCATE CART ON PRIVATE PROPERTY The Committee was in receipt of correspondence dated April 26, 2000 from the Manager of Licensing. It was noted that Mr. L. Halat has requested permission to locate his hot dog cart at 273 Stoke Drive having received concurrence of the property owner to do so. However, permission of Council is required before a licence can be issued since the operation would be in a residential zone and is not permitted. Ms. J. Koppeser advised that a $25.00 licence fee would apply for a one day Special Event. On motion by Councillor C. Weylie - it was resolved: "That the request of Les Halat to locate a hot dog cart at 273 Stoke Drive, Kitchener, on May 6, 2000, during the Street Garage Sale, be approved, provided the necessary licence, including Health and Fire approval, is obtained." By general consent it was agreed that this recommendation be referred to the May 1, 2000 special Council meeting for ratification. REGIONAL PRIDE COMMITTEE OF WATERLOO WELLINGTON - REQUEST FOR A BEER TENT AND SALE OF FOOD AND CRAFTS The Committee considered a report dated April 25, 2000 from the Manager of Licensing addressing a request outlined in April 10, 2000 correspondence from A. Charbonneau, Treasurer, Regional Pride Committee. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 1, 2000 -40- CITY OF KITCHENER 5. REGIONAL PRIDE COMMITTEE OF WATERLOO WELLINGTON - REQUEST FOR A BEER TENT AND SALE OF FOOD AND CRAFTS, (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That we approve the request of the Regional Pride Committee of Waterloo-Wellington to locate a beer tent in Victoria Park for the Pride Day Celebration of June 17, 2000; and further, That the Regional Pride Committee of Waterloo-Wellington be permitted to sell food and crafts in Victoria Park during the Pride Day Celebrations on June 17, 2000, provided that the necessary licence is obtained and that a reduced licence fee of $10.00 be applicable; and further, That since this event is in celebration of community harmony and diversity, it be designated as an event of 'municipal significance' for the purpose of applying for a liquor licence." CLARIFICATION OF FEBRUARY 21, 2000 COMMITTEE RESOLUTION RE: REFUND OF BINGO LICENCE FEES A memorandum dated April 25, 2000 from the Manager of Licensing was attached to the agenda requesting clarification of a February 21, 2000 Committee resolution that was ratified by City Council on February 28, 2000. The matter dealt with the granting of relief to charities in the form of a refund of bingo licence fees due to the decline in revenues as a result of implementation of the Regional Smoking By-law. On motion by Mayor C. Zehr - it was resolved: "That the refund of bingo licence fees directed by Council on February 28, 2000, be in the form of a grant to the charities who conducted bingos in the City of Kitchener from January 1, 2000 to April 30, 2000." Councillors M. Yantzi and B. Vrbanovic each disclosed a pecuniary interest and abstained from all discussion and voting as in the case of Councillor M. Yantzi, his employer Community Justice Initiatives receives funds from charities and in the case of Councillor B. Vrbanovic, he is a member of a board of an organization that would be affected by this decision. PARTNERSHIP WALK 2000 - REQUEST FOR PLACE OF REFRESHMENT LICENCE The Committee considered correspondence dated April 26, 2000 from the Manager of Licensing addressing a request contained in a letter dated April 26, 2000 from the Partnership Walk Organization. On motion by Councillor M. Yantzi - it was resolved: "That the Partnership Walk 2000 Committee's request for a Place of Refreshment Licence at Victoria Park Pavilion during the Walk on May 28, 2000, be approved, provided the necessary licence, including Health approval is obtained, and that the reduced fee of $10.00 be applicable." SCOTIABANK - REQUEST FOR CHARITABLE BARBEQUE The Committee was in receipt of a report dated April 27, 2000 from the Manager of Licensing dealing with a request outlined in correspondence dated April 25, 2000 from the Scotiabank in which permission was requested to operate a barbeque at 101 Frederick Street on May 5, 2000. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 1, 2000 -41- CITY OF KITCHENER 8. SCOTIABANK - REQUEST FOR CHARITABLE BARBEQUE, (CONT'D) On motion by Councillor K. Taylor-Harrison - it was resolved: "That the request of Scotiabank to operate a barbeque at 101 Frederick Street, Kitchener, on May 5, 2000, be approved, provided the necessary licence, including Health and Fire approval is obtained, and that the reduced fee of $10.00 be applicable." By general consent it was agreed that this recommendation be referred to the May 1, 2000 Council meeting for ratification. 9. PHOTO IDENTIFICATION BADGES A report dated May 1, 2000 from Ms. C. Ball, Human Resources Division, dealing with the matter of photo identification badges for those employees who work in City Hall was considered. On motion by Councillor B. Vrbanovic - it was resolved: "That Council adopt Policy 11-94 (Photo Identification Badges) as appended to the report of C. Ball dated May 1, 2000." 10. WARD BOUNDARY RE-ALIGNMENT The Committee was in receipt of a memorandum dated April 28, 2000 from Mr. R. W. Pritchard dealing with a proposed 6-Ward system of representation. It was pointed out that City Council at a special meeting held April 27, 2000 narrowed its 6-Ward option to Option 'C' with a number of minor amendments which were incorporated into an Option 'C(i)' attached to the report. This option incorporates the following ward boundary alterations in accordance with direction given at the April 27, 2000 special Council meeting: · Planning Communities 4 & 5 shifted from proposed Ward 5 into proposed Ward 6 · Plannning Communities 42 & 43 shifted from proposed Ward 3 into proposed Ward 4 It was further noted in Mr. Pritchard's report that staff were instructed by City Council to prepare an Option 'C(ii)' for information and discussion purposes wherein Planning Community 6 has been shifted from proposed Ward 5 into proposed Ward 6. The Committee first dealt with the issue of shifting Planning Communities 42 & 43. Councillor J. Ziegler outlined reasons why he was opposed to shifting Planning Communities 42 & 43 from proposed Ward 3 into proposed Ward 4. Councillor T. Galloway indicated he concurred with Councillor Ziegler on this point and recommended that Option 'C' as originally proposed by staff in respect to Planning Communities 42 & 43 be adopted. Councillor J. Haalboom stated that she supported Options 'C(i)' and 'C(ii)' and explained her reasoning in that regard. She maintained that Planning Communities 42 & 43 belong in proposed Ward 4 for historic reasons and had a direct community of interest relationship to Ward 4. Councillor M. Yantzi commented that the boundary recommendations as advanced by staff served to maintain an objective process given the political nature of this issue. Moved by Mayor C. Zehr - "That Planning Communities 42 & 43 be included within proposed Ward 3 in accordance with Ward Boundary Option 'C' as originally recommended by staff." FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 1, 2000 -42- CITY OF KITCHENER 10. WARD BOUNDARY RE-ALIGNMENT, (CONT'D) Councillor J. Haalboom requested a recorded vote. In Favour: Mayor C. Zehr, Councillors K. Taylor- Harrison, M. Yantzi, John Smola, B. Vrbanovic, J. Ziegler, T. Galloway and G. Lorentz. Contra: Councillors J. Haalboom and C. Weylie. Motion Carried The Committee then considered the issue of Planning Communities 4 & 5 which were moved from proposed Ward 5 into proposed Ward 6 under Option 'C(i)'. Councillor G. Lorentz stated that he supported this shift and introduced a motion to this effect. Councillor M. Yantzi commented that he was against shifting Communities 4 & 5 for the same reason as he outlined when speaking to the matter of shifting Planning Communities 42 & 43. Councillor C. Weylie was also opposed to shifting Planning Communities 4 & 5 from Ward 5 to Ward 6. Councillor B. Vrbanovic supported the shift on the basis that the alignment preserves what already exists wherein City Council had one member of Council representing wards on each side of King Street in respect to downtown issues. He suggested this was advantageous in order to retain a co-ordinated approach toward dealing with matters relating to the downtown. Councillor K. Taylor-Harrison maintained that the Cedar Hill Community favours the original Option 'C' as it relates to Planning Communities 4 & 5 remaining in proposed Ward 5 and not shifting to proposed Ward 6. Councillor J. Haalboom stated that she supported Councillor K. Taylor-Harrison's position on this matter. Mayor C. Zehr indicated that he supported shifting Planning Communities 4 & 5 into Ward 6. Moved by Councillor G. Lorentz - "That Planning Communities 4 & 5 be shifted from proposed Ward 5 to proposed Ward 6 in accordance with Ward Boundary Option 'C(i)'." Councillor M. Yantzi requested a recorded vote. In Favour: Mayor C. Zehr, Councillors John Smola, B. Vrbanovic, J. Ziegler, T. Galloway and G. Lorentz. Contra: Councillors M. Yantzi, C. Weylie, K. Taylor-Harrison and J. Haalboom. Motion Carried Mayor C. Zehr then indicated that he would propose a comprehensive motion to include the revisions agreed to with respect to Option 'C' for consideration and referral to the special Council meeting this date. Moved by Mayor C. Zehr - "That Council approve Ward Boundary Re-alignment Option 'C', as amended, for submission to the Province of Ontario as the City of Kitchener's input to assist the Province in finalizing boundaries for a 6-Ward system of representation on City Council." FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 1, 2000 -43- CITY OF KITCHENER 10. WARD BOUNDARY RE-ALIGNMENT, (CONT'D) A recorded vote was requested. In Favour: Mayor C. Zehr, Councillors John Smola, B. Vrbanovic, J. Ziegler, T. Galloway and G. Lorentz. Contra: Councillors J. Haalboom, C. Weylie, K. Taylor-Harrison and M. Yantzi. Motion Carried In response to a comment by Councillor B. Vrbanovic, Mr. R. W. Pritchard indicated that Council's decision would be faxed to the Province this date and that original documentation including a map of Ward Boundary Re-alignment Option 'C', as amended, would be mailed on Tuesday. 11. INFORMATION ITEMS The Committee received the following information items with the meeting agenda: Report dated April 19, 2000 by P. Houston respecting Combined Tax and Utility Certificate Report dated April 17, 2000 by P. Houston pertaining to Return On Investment - Golf Courses 12. ADJOURNMENT On motion, the meeting adjourned at 11:54 a.m. L. W. Neil, A.M.C.T. Assistant City Clerk