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HomeMy WebLinkAboutFin & Corp Svcs - 2005-05-02 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 5:15 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors C. Weylie, J. Smola, J. Gazzola, M. Galloway and G. Lorentz. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer K. Currier, Acting General Manager, Community Services G. Sosnoski, General Manager of Corporate Services & City Clerk R. Gosse, Director of Legislated Services R. Pitfield, Director of Corporate Communications/Marketing R. Upfold, Director of Accounting J. Willmer, Director of Planning R. Shamess, Director of Engineering Services S. Turner, Director of Enforcement J. Sheryer, Assistant City Solicitor P. Harris, Acting Manager of Licensing S. Wright, Manager of Downtown Community Development J. Billett, Committee Administrator 1. CRPS-05-076 - PERMISSION TO SELL REFRESHMENTS IN VICTORIA PARK - WORLD PARTNERSHIP WALK - MAY 29 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-076, dated April 22, 2005 concerning a request to sell refreshments for the World Partnership Walk. On motion by Councillor J. Gazzola - it was resolved: "That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 29, 2005 be approved, provided the necessary licence is obtained, including Health and Fire approvals." 2. CRPS-05-077 - REQUEST TO OPERATE A BARBEQUE - FOREST HEIGHTS COMMUNITY CENTRE - JUNE 11 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-077, dated April 21, 2005 concerning a request to operate a barbeque at the Forest Heights Community Centre. On motion by Councillor J. Gazzola - it was resolved: "That the request of the Forest Heights Community Centre, to operate a barbecue at 1700 Queen's Boulevard on June 11, 2005 be approved, provided the necessary licence, including Health and Fire approvals, is obtained." 3. CRPS-05-078 - REQUEST FOR COMMUNITY FESTIVAL DESIGNATION - OUR LADY OF FATIMA FESTIVAL COMMITTEE - 1548 FISCHER-HALLMAN ROAD - SEPTEMBER 3 & 4 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-078, dated April 22, 2005 concerning an application for a liquor license and "Community Festival" designation for the "Our Lady of Fatima Festival". On motion by Councillor J. Gazzola - it was resolved: ''That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 3 & 4, 2005 at 1548 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 61 - CITY OF KITCHENER 3. CRPS-05-078 - REQUEST FOR COMMUNITY FESTIVAL DESIGNATION - OUR LADY OF FATIMA FESTIVAL COMMITTEE - 1548 FISCHER-HALLMAN ROAD - SEPTEMBER 3 & 4 2005 (CONT'Dl Fischer-Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the 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 that promotes unity and understanding within our community." 4. CRPS-05-079 - REQUEST TO OPERATE A MIDWAY - HOMENIUK RIDES INC. - OPTIMIST SPORTS PARK, 120 PIONEER DRIVE - MAY 26 TO 29 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-079, dated April 25, 2005 concerning a request to operate a midway at the Optimist Sports Park. Staff were directed to include in future reports of this nature, confirmation that the conditions imposed are consistent with past approvals or outline any changes thereto. On motion by Councillor J. Gazzola - it was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on May 26-29, 2005, subject to the following: Hours and Dates of Operation: Thursday, May 26 Friday, May 27 Saturday, May 28 Sunday, May 29 3:30 pm to 10:00 pm 3:30 pm to 10:00 pm 10:00 am to 11 :00 pm Noon to 9:00 pm; and, That the music at the Midway be turned down at 8:00 p.m., excepting those evenings preceding a school day when it shall be turned off at 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway." 5. CRPS-05-082 - REQUEST TO DISTRIBUTE COFFEE IN CITY HALL SQUARE - KITCHENER MENNONITE YOUTH GROUP - MAY 14 2005 The Committee was in receipt this date of Corporate Services Department report CRPS-05- 082, dated April 26, 2005 concerning a request to distribute coffee, free of charge, in the City Hall Square to promote International Fair Trade Day. Councillor J. Gazzola requested that staff provide information on the "International Fair Trade Day" event prior to the May 9, 2005 Council meeting. On motion by Councillor J. Gazzola - it was resolved: "That the City of Kitchener has no objection to the Kitchener Mennonite Brethren Youth Group distributing coffee free of charge in front of City Hall on May 14, 2005 to promote International Fair Trade Day." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 62- CITY OF KITCHENER 6. CRPS-05-074 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - FOREST HEIGHTS COLLEGIATE - RELAY FOR LIFE CAMPAIGN - MAY 27 & 28 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-074, dated April 27, 2005 concerning a noise exemption request for the "Relay for Life Campaign" event. 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 Forest Heights Collegiate between the hours of 7:00 p.m. on May 27 to 7:00 a.m. on May 28, 2005, for their 'Relay for Life Campaign' being held in conjunction with the Canadian Cancer Society." 7. CRPS-05-075 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - AGA KHAN FOUNDATION OF CANADA - 2005 WORLD PARTNERSHIP WALK - MAY 29 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-075, dated April 27, 2005 concerning a noise exemption request for the "World Partnership Walk" event. 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 Aga Khan Foundation of Canada on Sunday, May 29, 2005, between the hours of 11 :00 a.m. and 3:00 p.m. to participate in the 2005 World Partnership Walk at the Victoria Park Gazebo." 8. CRPS-05-084 - AUDIT COMMITTEE RECOMMENDATIONS FROM APRIL 25 2005 MEETING The Committee was in receipt of Corporate Services Department report CRPS-05-084, dated April 26, 2005 concerning appointment of a Chair for the Audit Committee and priority listing of Divisions / Sections that will undertake Performance Measurement and Performance Audits. At the request of Councillor J. Gazzola, it was agreed to amend the reporting structure in the Terms of Reference for the Audit Committee so that the Committee's recommendations go directly to Council rather than to the Finance and Corporate Services Committee. On motion by Councillor J. Gazzola - it was resolved: "That the Mayor, or in his absence the Acting Mayor, be appointed as Chair of the Audit Committee; and, That the following City of Kitchener Divisions/Sections be included in the immediate case load with respect to Performance Measurement: Arenas; Special Events; and the New Market; and further, That the following City of Kitchener Divisions/Sections be included in the immediate caseload with respect to Performance Audits: Communications; Licensing; Budgets; and the Print Shop." - and - "That Council Policy 1-66 (Audit Committee - Terms of Reference) be amended by deleting the phrase 'report to the Finance and Corporate Services Committee' contained in Clause 2 and replacing it with the phrase 'report directly to Council'." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 63- CITY OF KITCHENER 9. CRPS-05-087 - REQUEST FOR PERMISSION TO OPERATE A SIDEWALK PATIO - DANDY'S RESTAURANT - 85 KING STREET WEST The Committee was in receipt of Corporate Services Department report CRPS-05-087, dated April 26, 2005 concerning a request to operate a sidewalk patio at 85 King Street West (Dandy's Restaurant). The Committee was also in receipt this date of correspondence dated April 20, 2005 from Mr. Marty Schreiter, Executive Director, Kitchener Downtown Business Association (KDBA) in opposition to the requested sidewalk patio operation; and correspondence dated April 21, 2005 from Mr. Gus Bardouniotis, owner / operator, Dandy's Restaurant, to the KDBA in response to Mr. Schreiter's letter, to which 8 letters of support from neighbouring businesses are attached. Mr. Marty Schreiter advised that in 2000, the KDBA commenced a "Patio Improvement Project" wherein the co-operation of all patio owners was requested to voluntarily improve the standards for sidewalk patios. As part of the improvement project, patio operators were provided with table sets and umbrellas as an incentive for improvement and while Dandy's was a recipient, Mr. Schreiter advised that the owners ceased to use them shortly after they were supplied. He noted that the KDBA has received numerous calls regarding the negative perception of Dandy's patio, concerning its appearance and over-serving of customers, and raised concerns with the complaint mechanism established by the City which requires individuals to file a written complaint. He suggested that individuals are reluctant to do so, choosing instead to avoid Dandy's by using the sidewalk across the street. He stated that the KDBA is opposed to the application as it is their opinion there is no willingness on the part of the restaurant owner to make improvements to the patio and create a safer environment. Mr. Les Protopapas, Solicitor, attended on behalf of his client, Mr. Gus Bardouniotis, advising that a similar request from the KBDA was considered by the City 3 years ago and a decision was made to enter into the encroachment agreement and allow the patio to operate. At that time, he indicated that the City had directed that any complaints received be forwarded to the owner within 5 business days to allow an opportunity for appropriate action to be taken to rectify the issue. Mr. Protopapas pointed out that over the past 3 years his client has not received any formal complaints and has not been charged for any liquor violations. He stated that the comments made by the KDBA regarding complaints are vague and unsubstantiated. Mr. Protopapas referred to the comments made by the KDBA regarding the patio furniture supplied, acknowledging that Dandy's was a recipient; however, had found that the plastic material did not stand up to its usage and the pieces were replaced with furniture of sturdier materials. He then referred to reference made in the staff report regarding a Fire Code violation, advising that this was in regard to the residential unit above the restaurant. He advised that the situation has been remedied and questioned the relevance of this to the application under consideration. He concluded that operation of the sidewalk patio represents a significant source of income to his client and advised that his client is willing to accept any reasonable conditions the City may wish to impose as part of the encroachment agreement. Mr. L. Protopapas responded to several questions, noting that his client has not had any discussion with the KDBA regarding its letter of objection but did respond in writing to the KDBA; those who signed the letters of support are members of the KDBA and all who were approached were willing signators; and his client contends that he has not received any formal complaints. In response to Councillor B. Vrbanovic, Mr. R. Gosse advised that Licensing staff did receive one complaint early in 2004, which was investigated and no evidence was found at that time to validate the complaint. At the request of Mayor C. Zehr, Mr. M. Schreiter commented on the patio furniture supplied, advising that the furniture was not of high quality; however, 5 other locations received the furniture and continue to use it. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 64- CITY OF KITCHENER 9. CRPS-05-087 - REQUEST FOR PERMISSION TO OPERATE A SIDEWALK PATIO - DANDY'S RESTAURANT - 85 KING STREET WEST (CONT'Dl Mayor C. Zehr commented that it is unfortunate that a log was not kept of complaints and suggested that this should be undertaken both at the City and by the KDBA. He stated that he has observed similar, inappropriate behaviour at this patio as referenced by the KDBA and was in support of refusing the application for an encroachment agreement in 2005. Councillor G. Lorentz advised that he wished to go in-camera to discuss a matter of solicitor- client privilege. On motion by Councillor G. Lorentz - it was resolved: "That an in-camera meeting be held immediately to consider a matter of solicitor-client privilege." The Committee recessed at 5:40 p.m. and reconvened at 5:48 p.m. following an in-camera meeting. On motion by Mayor C. Zehr - it was resolved: "That the application for an Encroachment Agreement by the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for 2005, be refused." 10. CAO-05-009 - LIQUOR LICENCE APPLICATION REVIEW COMMITTEE - MIDNIGHT BAR & CLUB - 151 KING STREET WEST The Committee was in receipt of Chief Administrator's Office report CAO-05-009, dated April 26, 2005 recommending that the City take no action to oppose the application for a liquor licence applied for by Van Thi Truong for the Midnight Bar & Club to be located at 151 King Street West. The Committee was also in receipt this date of 2 letters of objection from neighbouring businesses, both dated May 2, 2005. The first from Mr. Howard Budd, Budd Stores Company Limited, raised concerns that the proposed application does not blend in with the City's plan for downtown renewal and would have an adverse impact to existing businesses in the surrounding area. The second letter from Anita Petsche Good, Petsche's Shoes Limited, speaks to the vagueness of the business plan proposed and raises similar concerns regarding the potential for adverse impact. It was noted that the applicant was in attendance this date; however, the applicant's husband indicated that English was not their first language, and accordingly, did not wish to address the Committee. Mayor C. Zehr commented that based on the plan submitted which does not provide for any kitchen facilities, it was his opinion it would be difficult for the applicant to meet the ratio of 65% alcohol to 35% refreshment sales. For this reason and in light of the City's plans for downtown renewal and the potential for adverse impact, he advised that he could not support the application for a liquor licence. Mayor Zehr proposed that the AGCO be advised that the City opposes the application; however, as the authority to refuse the application rests with the AGCO and should the AGCO approve the application, the City request that the conditions outlined in the staff report be applied to the licence. Councillor B. Vrbanovic advised the applicant that the recommendation of the Committee to oppose the liquor licence application would be considered at the May 9, 2005 Council meeting at which time they would have further opportunity to speak in support of their request. In this regard, he suggested that the services of an interpreter be obtained. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 65- CITY OF KITCHENER 10. CAO-05-009 - LIQUOR LICENCE APPLICATION REVIEW COMMITTEE - MIDNIGHT BAR & CLUB - 151 KING STREET WEST (CONT'Dl On motion by Mayor C. Zehr - it was resolved: "WHEREAS Van Thi Truong (herein referred to as the "Applicant") gave The Corporation of the City of Kitchener notice on March 29, 2005 that she would be seeking a liquor licence for premises known municipally as 151 King Street West; and, WHEREAS the information provided by the Applicant was reviewed by the City of Kitchener's Liquor Licence Review Committee in consultation with members of the public; and, WHEREAS the information provided by the Applicant and the Liquor Licence Review Committee together with submissions from members of the public was considered by the City's Finance and Corporate Services Committee at its meeting held on May 2, 2005 and at such time concerns including the inability of the Applicant to abide by her proposed 65% ratio of alcohol sales to gross refreshment sales without any kitchen facility in the premises and the Applicant's intention to open her bar in a location that has been problematic in the past were raised; NOW THEREFORE the Council of The Corporation of the City of Kitchener has determined and submits pursuant to section 7(4) of the Liquor Licence Act that issuance of a liquor licence to the Applicant for Midnight Bar & Club to be located at 151 King St. West, Kitchener, is not in the public interest having regard to the needs and wishes of residents of the municipality, and accordingly, Council ooooses the aoolication and reauests a hearina be held on behalf of the residents of the municioalitv; and, That Council directs staff to reauest the Alcohol and Gamina Commission of Ontario (the "AGCO") to attach the conditions listed below to the Aoolicant's liauor licence should the AGCO issue the licence in soite of Council's oooosition; and, That Council authorize staff to enter into an agreement with the Applicant should she be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City of Kitchener and may also agree to request the conditions be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition: 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; 3. To abide to a set 65% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in her applications (in other words, alcohol sales will be limited to 65% of gross refreshment sales); 4. To stop serving alcohol by 1 :00 a.m. daily; 5. To voluntarily surrender the liquor license to the AGCO should the Applicant cease to operate this establishment in the future; 6. To notify the Clerk of the City of Kitchener in writing of any applications 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's Council; 7. To comply with the noise by-law and the smoking by-law; and, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 66- CITY OF KITCHENER 10. CAO-05-009 - LIQUOR LICENCE APPLICATION REVIEW COMMITTEE - MIDNIGHT BAR & CLUB - 151 KING STREET WEST (CONT'Dl 8. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the Aoolicant's aoolication has not been formallv submitted to the AGCO at the time the AGCO receives this resolution Council reauests that the AGCO acknowledae receiot of this resolution and advise the Citv if the aoolication is brouaht forward to the AGCO at a later date." 11. CAO-05-004 - MODIFICATION TO THE FACADE LOAN INCENTIVE PROGRAM The Committee was in receipt of Chief Administrator's Office report CAO-05-004, dated April 25, 2005 recommending that a number of outstanding loans previously funded through a tenant program related to the Fagade Loan Incentive Program be written off and a revision be made to the current disbursement schedule for forgivable grants so that early repayment of a loan does not result in a smaller grant amount. At the request of Councillor J. Gazzola, staff agreed to provide Council in confidence, a list of the names of the principles of the businesses involved in the loan write-offs. Councillor J. Gazzola requested clarification with respect to the proposed revision to the disbursement schedule for forgivable grants. Mr. Wayne Pearce pointed out that the 15% forgivable portion of a loan is dispersed over a 5 year period and accordingly, those who make early repayment of the loan are penalized as it results in less forgivable grant. He stated that the proposed revision is a means to provide additional benefits or incentives to the loan recipient. Mr. Pearce added that staff are in the process of reviewing the loan program and an additional report requesting further modifications will be brought forward in the near future. Councillor J. Gazzola suggested that only the loans to be written off be dealt with at this time and the proposed revision be deferred pending the outcome of staff's review of the loan program. Mayor C. Zehr commented that the reason the 5 year term was implemented was to encourage businesses to stay in operation for a longer period of time. He agreed that the proposed revision should be further reviewed and all proposed modifications to the loan program be considered at the same time. On motion by Mayor C. Zehr - it was resolved: "That $90,264.97 be written off, representing outstanding loans previously funded through a tenant program related to the Fagade Loan Incentive Program for the period of 1993-1996." - and - "That the staff recommendation contained in Chief Administrator's Office report CAO- 05-004 (Modification to the Fagade Loan Incentive Program), dated April 25, 2005, to revise the current disbursement schedule for the Fagade Loan Incentive Program forgivable grant so that early repayment does not result in a smaller grant amount, be deferred and referred to a future meeting of the Finance and Corporate Services Committee, pending a report dealing with full review of the Loan Program." 12. CRPS-05-081 - SPAY / NEUTER CONTRACT - I<ITr.HFNFR-WATFRI 00 R. NORTH WATFRI 00 HIIMANF ~Or.IFTV The Committee was in receipt of Corporate Services Department report CRPS-05-081, dated April 14, 2005 recommending that the City enter into an agreement with the Kitchener- Waterloo and North Waterloo Humane Society and the City of Waterloo for continuation of the Spay / Neuter Program. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 2 2005 - 67- CITY OF KITCHENER 12. CRPS-05-081 - SPAY / NEUTER CONTRACT - KITCHENER-WATERLOO & NORTH WATERLOO HUMANE SOCIETY ~r.oNT'n) On motion by Councillor J. Gazzola - it was resolved: "That the City enter into an agreement, satisfactory to the City Solicitor, with The Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society regarding the continuation of the Spay/Neuter Program for a term of January 1, 2004 to December 31, 2006, to be partially funded by grants from the City of up to $30,000 per annum over the three year term, and that the Mayor and Clerk be authorized to sign such agreement." 13. DTS-05-071 - IRON HORSE TRAIL SANITARY SEWER REPLACEMENT PROJECT - ADDITIONAL FUNDING REQUEST The Committee was in receipt this date of Development and Technical Services Department report DTS-05-071, dated April 29, 2005 requesting additional funds to complete the Iron Horse Trail Sanitary Sewer Replacement Project. Mr. Robert Shamess advised that higher tender pricing and project expansion to address issues of safety resulted in additional funds being required to complete this project. On motion by Mayor C. Zehr - it was resolved: "That additional funds in the amount of $170,928., required for the Iron Horse Trail Sanitary Sewer Replacement Project, be approved and be funded from the Capital I nfrastructure Surplus General Provisions account." The recommendation from this Committee regarding the Iron Horse Trail Sanitary Sewer Replacement Project was considered at the May 2, 2005 special Council meeting. 14. ADJOURNMENT On motion, the meeting adjourned at 6:15 p.m. Janet Billett, AMCT Committee Administrator