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HomeMy WebLinkAboutFin & Corp Svcs - 2005-06-13 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:10 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors J. Smola, J. Gazzola, M. Galloway and G. Lorentz. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer G. Stewart, General Manager, Development & Technical Services G. Sosnoski, General Manager of Corporate Services & City Clerk R. Gosse, Director of Legislated Services R. Pitfield, Director of Corporate Communications/Marketing H. Gross, Director, Project Administration & Economic Investment 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 S. Curzon, Downtown Service Administrator M. Schurter, Urban Investment Advisor J. Billett, Committee Administrator CRPS-05-101 - AMENDMENT TO COUNCIL POLICY I-880 1. - LOTTERY BREAK OPEN TICKETS - ADDITIONAL TERMS AND CONDITIONS The Committee was in receipt of Corporate Services Department report CRPS-05-101, dated June 6, 2005 recommending amendments to Council Policy I-880 regarding criteria for the selling of Break Open Tickets in the municipality and removal of provision to require a letter rd from the owner of the 3 party location as this is now a Provincial regulation. Ms. Pat Harris advised that in review of the current policy, resulting from a request by the Cambridge Memorial Hospital, it was determined that if a charitable or non-profit organization had a physical presence in the City it could be considered for licensing purposes. She added that the City of Cambridge has a similar policy from which Kitchener’s Grand River Hospital could benefit. On motion by Councillor G. Lorentz – it was resolved: “That Section 1 of Council Policy I-880 (Licence – Lottery Break Open Tickets – Additional Terms and Conditions), be amended as follows: ‘Licenses and/or permission to sell Break-Open Tickets in the City of Kitchener shall be granted only to those licensees who have a physical presence in the City of Kitchener or can justify their charitable benefit to the residents of the City of Kitchener with the majority of the proceeds from the lottery remaining in the Region’; and further, rd That Section 3 (Letter from Owner of 3 Party Location) of Council Policy I-880 be deleted as it is now a Provincial regulation.” CAO-05-015 - COMMITTEE APPOINTMENT 2. - DOWNTOWN ADVISORY COMMITTEE The Committee was in receipt of Chief Administrator’s Office report CAO-05-015, dated May 13, 2005 recommending appointment of an ‘Office Owner’ sector representative to the Downtown Advisory Committee. On motion by Councillor G. Lorentz – it was resolved : “That Ms. Shelley Gibbs be appointed to the Downtown Advisory Committee as the ‘Office Owner’ sector representative, for a term expiring November 30, 2006.” FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 75 - CITY OF KITCHENER CRPS-05-102 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE 3. - CALVARY UNITED CHURCH - ANNUAL STRAWBERRY SOCIAL The Committee was in receipt of Corporate Services Department report CRPS-05-102, dated June 8, 2005 recommending a noise exemption be granted to the Calvary United Church for their Annual Strawberry Social on June 18, 2005. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Councillor G. Lorentz – it was resolved: “ That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary United Church between the hours of 1:00 PM and 4:00 PM on June 18, 2005 for their Annual Strawberry Social.” CAO-05-020 - LIQUOR LICENCE APPLICATION 4. - LUCKY MAN RESTAURANT - FORMERLY MIDNIGHT BAR & CLUB - 151 KING STREET WEST The Committee was in receipt of Chief Administrator’s Office report CAO-05-020, dated June 8, 2005 in which new information regarding a Liquor Licence application for the property at 151 King Street West is provided. A Liquor Licence application for this property, under the name of “Midnight Bar & Club”, was previously considered by City Council on May 9, 2005 at which time, Council chose to oppose the application based on concerns regarding the ability of the applicant to meet the 65% ratio of alcohol sales to gross refreshment sales without any kitchen facility and the fact that the location chosen has been problematic in the past. It was noted in the report that the applicant is now intending to operate the establishment as a restaurant, with kitchen facilities included and a reduced stand-up bar, under the new name of “Lucky Man Restaurant”. The Committee also received correspondence this date, as follows: ? Mr. Dung Nguyen, husband of the applicant, dated June 13, 2005 advising of the proposed change in use of the establishment; and, ? Ms. Anita Petsche Good, Petsche’s Shoes Ltd. and Mr. Howard Budd, Budd Stores Co. Ltd., dated June 12, 2005 objecting to the proposal, in which they raised concerns regarding confusion as to what type of operation and under what name the establishment will be run; and the potential for their adjacent businesses to be negatively impacted. Mr. Dung Nguyen answered questions of the Committee through the assistance of an interpreter, Mr. Phong Tran, advising of the following: ? the establishment is proposed to be named “Lucky Man Restaurant” and the name is not based on any particular logic; ? he agreed that the proposed name may be offensive to some and was not opposed to changing it; ? he has no experience in the restaurant business but the applicant, his wife, has one year of experience working in a restaurant in Brantford; ? they have changed the application to restaurant use as they believe it will be more profitable; ? his role will be to help out in the restaurant and act as a General Manager; ? relatives who have experience in the restaurant business will manage the establishment; ? the applicant will work in the kitchen rather than manage the restaurant as English is not her first language; ? he understood that if approved by the Alcohol & Gaming Commission of Ontario (AGCO), the Commission will require a responsible person on site at all times and stated that the relatives referred to would be on site each day; ? in reference to use of a large open space shown on the floor plan, he advised that the seating capacity is not being increased from the original application as it is intended to take FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 76 - CITY OF KITCHENER CAO-05-020 - LIQUOR LICENCE APPLICATION 4. - LUCKY MAN RESTAURANT - FORMERLY MIDNIGHT BAR & CLUB - 151 KING STREET WEST (CONT’D) a cautious approach to the restaurant and if successful, future expansion may follow but there is no immediate plan for the space; ? some changes are proposed to the interior and exterior of the establishment but are not based on a theme as a theme has not yet been determined; and, ? in reference to the varying names proposed for the establishment, he advised that he would now use the name “Exquisite Restaurant”, as posted on the premises, rather than "Lucky Man Restaurant”. Mr. Marty Schreiter, Kitchener Downtown Business Association (KDBA), advised that the KDBA Board also had concerns with the original application because of the lack of kitchen facilities. He noted that this has now been addressed and it was his opinion the applicant has met all required criteria. He pointed out that a business plan is not required as part of the application and suggested that if such a change in criteria is to be entered into, it should be applied consistently across the board. Mayor C. Zehr suggested that the Committee go in-camera to discuss a matter subject to solicitor-client privilege. On motion by Mayor C. Zehr – it was resolved: “That an in-camera meeting be held immediately to consider a matter subject to solicitor-client privilege.” The Committee recessed at 2:28 p.m. and reconvened at 2:43 p.m. following an in-camera meeting. Mr. R. Gosse advised that it was staff's opinion that a Notice of Motion to reconsider Council's resolution of May 9, 2005 is not required as the proposal under consideration this date is significantly changed from the original and can therefore, be viewed as a new application. Mayor C. Zehr advised that notwithstanding the new information, it was his opinion the Committee was still dealing with an incomplete application and questioned credibility of the application given the inconsistency of information provided. He commented that lack of a business plan, while not required, supports his conclusion that the application is incomplete noting that there is confusion as to the name of the business; the floor plans show a large open space with no stated purpose; and a theme for the restaurant has not yet been determined. He added that in questioning Mr. Nguyen this date, the plans seem to impulsively change. Mayor C. Zehr suggested that the new proposal be opposed with provision that should the AGCO decide to approve the liquor licence, the same conditions as outlined in Council’s May 9 resolution be applied together with new conditions added to require an experienced manager to be on site at all times to oversee the operation; to require proper installation of a commercial kitchen; and that the name “Lucky Man Restaurant” not be used. On motion by Mayor C. Zehr – it was resolved: “ WHEREAS Van Thi Truon (the “Applicant”) gave The Corporation of the City of Kitchener (the “City”) 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’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 held on May 2, 2005; and, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 77 - CITY OF KITCHENER CAO-05-020 - LIQUOR LICENCE APPLICATION 4. - LUCKY MAN RESTAURANT - FORMERLY MIDNIGHT BAR & CLUB - 151 KING STREET WEST (CONT’D) WHEREAS additional information was supplied by the Applicant and considered by the City’s Finance and Corporate Services Committee held on June 13, 2005 and at that time the Committee had concerns namely that the Applicant and her representative did not provide complete information about the plans for the establishment, gave contradictory and inconsistent answers to the Committee’s questions, showed plans for the restaurant where the majority of space in the premises was open and unaccounted for, and lacked credibility in the application; NOW THEREFORE notwithstanding Council’s resolution of May 9, 2005, the Council of the City has determined and submits pursuant to section 7(4) of the Liquor Licence Act and 7.1(1) of Regulation 719 thereunder that issuance of a liquor licence to the Applicant for the establishment to be located at 151 King Street West in Kitchener (Midnight Bar & Club / Lucky Man Restaurant / Exquisite Restaurant etc.) is not in the public interest having regard to the needs and wishes of the residents of the municipality , and accordingly, Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and, THAT Council directs staff to request the Alcohol and Gaming Commission of Ontario (the “AGCO”) to attach the conditions listed below to the Applicant’s liquor licence should the AGCO issue the licence in spite of Council’s opposition; 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 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 install a commercial kitchen facility in the establishment prior to commencing operation; 2. To have an experienced restaurant manager on site at the premises at all times during operating hours; 3. To call the premises by a name other than the “Lucky Man Restaurant” which name has been found by Council to be offensive to the public; 4. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 5. To become a member of the Kitchener Downtown Business Association’s License & Entertainment Committee and attend its meetings; 6. To abide to a set 65% or less monthly ratio of alcohol sales to gross refreshment sales (including food or other sundries) as set out in her application (in other words, alcohol sales will be limited to 65% of gross refreshment sales); 7. To stop serving alcohol by 1:00 a.m. daily; 8. To voluntarily surrender the liquor license to the AGCO should the Applicant cease to operate the establishment in the future; 9. To notify the Clerk of the City 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; and further, 10. To comply with the noise by-law and the smoking by-law; and, 11. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 78 - CITY OF KITCHENER CAO-05-020 - LIQUOR LICENCE APPLICATION 4. - LUCKY MAN RESTAURANT - FORMERLY MIDNIGHT BAR & CLUB - 151 KING STREET WEST (CONT’D) THAT Council requests that the AGCO acknowledge receipt of this resolution and advise staff of any hearing date.” Councillor B. Vrbanovic, through the interpretation of Mr. Tran, explained the Committee’s decision to Mr. Nguyen and advised him that the Committee’s decision will be considered by City Council on June 20, 2005 at which time, he may attend again as a delegation. DELEGATION PRESENTATION - CANADA’S TECHNOLOGY TRIANGLE INC. 5. - UPDATE The Committee was in receipt this date of an information package prepared by the Canada’s Technology Triangle Inc. (CTT), which included: CTT’s 2004 Annual Report; 2005 Financial Statements; and 2005 Business Plan. Mr. Jamie Martin, Chair – CTT Board of Directors, extended appreciation to the City for its contributions to CTT, commenting that the City has played a significant role in the many successes realized by the organization. Mr. John Tennant, CEO – CTT, announced that Waterloo Region, known globally as Canada’s Technology Triangle, was chosen as the “Most Cost Effective” area in Canada, as published in the fDi Magazine’s “Canadian Cities and Provinces of the Future” 2005-06 issue. In addition, the organization’s “Passport for Success 2004” was awarded “2005 Best Marketing Campaign” by the Economic Developers Council of Ontario. Mr. Tennant advised that the CTT is a not-for-profit organization of public and private economic development partnerships, whose mandate is to market the Region of Waterloo and local municipalities to the world; and whose vision is to position the CTT as a leading location in the world for investment, and to attract the most innovative businesses, entrepreneurs and talent. During his presentation, he provided statistics demonstrating that the Region’s local economy is the fastest growing in Canada and spoke of sectoral priorities in the fields of biotechnology, environment and manufacturing. Mr. Tennant also presented highlights of the CTT’s 2004 Annual Report, commenting on numerous successes in attracting significant investments from outside the Region and Canada to the area and the strength of its partnerships. Mr. Tennant responded to several questions, advising that the CTT anticipates building a small reserve fund of approximately $225,000 to $250,000 by year-end; and the organization is involved in ongoing discussions to determine appropriate levels of funding among its partnerships to meet future financial needs and potential to increase corporate sector partnerships. CRPS-05-100 - APPEAL - HOT DOG CART LOCATION 6. - 1455 STRASBURG ROAD The Committee was in receipt of Corporate Services Department report CRPS-05-100, dated June 3, 2005 regarding a request to operate a Refreshment Vehicle (hot dog cart) at 1455 Strasburg Road. It is noted in the report that the location does not meet the distance separation requirement from an existing Refreshment Vehicle operation in the area. The Committee also received a letter from the owner of the existing operation objecting to the new location, as attached to report CRPS-05-100. Mr. Les Halat, applicant, was listed as a delegation on the agenda; however, he did not attend the meeting this date. On motion by Councillor G. Lorentz – it was resolved: “That no action be taken on the appeal of Les Halat of the decision of the Manager of Licensing not to issue a licence to operate a Refreshment Vehicle (hot dog cart) at 1455 Strasburg Road.” FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 79 - CITY OF KITCHENER CRPS-05-095 - LANDS TO BE DECLARED SURPLUS TO THE CITY’S NEEDS 7. - FERGUS AVENUE The Committee was in receipt of Corporate Services Department report CRPS-05-095, dated May 20, 2005 recommending that lands located on Fergus Avenue be declared surplus to the City’s needs and be sold for future development. On motion by Mayor C. Zehr – it was resolved: “That in compliance with Section 3 of Chapter 177 (Administration – Sale – Real Property) of the Municipal Code, Lot 196 Streets & Lanes in Kitchener (being part of Solon Avenue) closed by By-Law 5471, registered as Instrument No. 650644, Part 1 ft Reserve A, Plan 687, Part Farm Lot Plan 589 as 249123; except Part 2, 658R829 Kitchener, be declared surplus to the City's needs to create a building lot; and, That Legal Services be directed to prepare an agreement setting out conditions for development on the said lands as identified; and, That the Purchasing Division be directed to issue a sale by tender for the said lands; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.” DTS-05-104 - KING STREET RECONSTRUCTION (STIRLING AVENUE TO MADISON 8. AVENUE) - FUNDING ALLOCATION The Committee was in receipt of Development and Technical Services Department report DTS-05-104, dated June 1, 2005 requesting re-allocation of funds to complete the design of King Street from Stirling Avenue to Madison Avenue in conjunction with the reconstruction of Madison Avenue from Charles Street to King Street and Duke Street to Weber Street. On motion by Mayor C. Zehr – it was resolved: “That $97,300 be allocated to the King Street Reconstruction Project (Stirling Avenue to Madison Avenue), to be taken from the Infrastructure Surplus General Provisions account.” CRPS-05-103 - ENCROACHMENT AGREEMENT 9. - PERMISSION TO OPERATE SIDEWALK PATIO - LA SHISH – 98 KING STREET WEST The Committee was in receipt of Corporate Services Department report CRPS-05-103, dated June 7, 2005 recommending execution of an encroachment agreement to allow La Shish to operate a sidewalk patio at 98 King Street West. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Councillor G. Lorentz – it was resolved: "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of La Shish, located at 98 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 80 - CITY OF KITCHENER CRPS-05-096 - REQUEST FOR PROPOSAL 10. - ELECTION TABULATION EQUIPMENT The Committee was in receipt of Corporate Services Department report CRPS-05-096, dated May 24, 2005 concerning a proposal to prepare a joint Request for Proposal (RFP) with the Cities of Cambridge and Waterloo to purchase or rent new tabulation equipment for the 2006 Municipal Election. Mr. R. Gosse advised that the existing tabulation system, Optech IV-C, is of an age where frequency of breakdown has become a concern and the vendor, Election Systems and Software (ES&S), has announced that it will no longer support the system after 2006. He noted that the City of Waterloo’s rental agreement for tabulation equipment has expired and the City of Cambridge is in the same position as Kitchener. Accordingly, there is opportunity to collaborate on a joint proposal to obtain the best possible price for new equipment and realize other advantages. He added that it would not be feasible to rely on one unit to tabulate ballots for all 3 municipalities given the numbers to be counted. Mr. Gosse advised that staff will review the results of the RFP and report to a future Committee meeting with a recommendation. CAO-05-017 - URBAN INVESTMENT STRATEGY 11. - EMERGING CLUSTERS - THE FRAMEWORK The Committee was in receipt of Chief Administrator’s Office report CAO-05-017, dated June 2, 2005 concerning results of research undertaken by staff to understand and describe economic trends and activity outside the municipality relating to “knowledge based” or “new” economy and the “creative class”; and the “Cluster Theory” and targeted cluster areas, including: biotechnology, education / knowledge creation and arts and culture / creative spaces. Based on their research findings, staff developed a framework entitled “Urban Investment Strategy – Emerging Clusters: The Framework”, dated June 2005, as attached to report CAO-05-017. Ms. Michelle Schurter presented details of the framework, advising that knowledge is conceptualized as the new “raw material” in which innovation and human talent are the key factors in productivity; and which will require a community rich in cultural amenities, interactive leisure opportunities and diversity to cultivate this new economy. She noted that within the new economy clusters have emerged and are described as geographic concentrated areas of competing and co-operating companies, suppliers, service providers and associated institutions. Research shows that clusters are bred, not constructed and is dependent on education and knowledge creation to produce a talented labour force and fuel innovation, arts, culture and creative spaces to attract and maintain the labour force. Ms. Schurter pointed out that the competitive advantage is shaped by regional rather than political boundaries, with governments’ role defined as facilitation, promotion and investment. She stated that the primary goal will be to foster cluster development of knowledge based industries, specifically health and technology, by investing in talent attraction and retention; and the next steps will involve development of an implementation plan for emerging clusters and continued work in partnerships. The Committee then posed a number of questions to which staff responded, advising that the presentation this date was to provide information and insight into the concept of cluster development. It was pointed out that the research document forms the foundation on which staff can now move forward in developing a strategic implementation plan which will be brought forward at a future date for the Committee’s consideration. In response to Councillor M. Galloway, Ms. C. Ladd advised that it is intended to bring together emerging clusters with the City’s industrial base into a comprehensive strategy and align their respective work plans. It was further noted that short and long term measurables will be included in the strategic implementation plan. In response to concerns raised respecting the timeline for discussion of the Urban Investment Strategy research document, it was agreed that the document be received this date and stand referred to the September 19, 2005 Shared Agenda session for further discussion. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 13, 2005 - 81 - CITY OF KITCHENER CAO-05-017 - URBAN INVESTMENT STRATEGY 11. - EMERGING CLUSTERS - THE FRAMEWORK (CONT’D) On motion by Councillor M. Galloway – it was resolved: “That the research document entitled ‘Urban Investment Strategy – Emerging Clusters: The Framework’, dated June 2005, as attached to Chief Administrator’s Office report CAO-05-017, be received and stand referred to the September 19, 2005 Shared Agenda meeting for further discussion.” ADJOURNMENT 12. On motion, the meeting adjourned at 4:20 p.m. Janet Billett, AMCT Committee Administrator