Loading...
HomeMy WebLinkAboutFinance & Corp - 2002-04-29 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor M. Galloway, commencing at 2:52 p.m., with the following members present: Mayor C. Zehr and Councillors G. Lorentz and J. Smola. Councillors C. Weylie, J. Ziegler and B. Vrbanovic were in attendance for part of the meeting. Others Present: Ms. L. MacDonald, Ms. R. Pitfield, Ms. J. Koppeser, Ms. C. Heal, Ms. D. Gilchrist and Messrs R. Pritchard, G. Sosnoski, G. Stewart, N. Kuntz and D. Paterson 1. CRPS-02-096 REQUEST TO SELL FOOD - REQUEST FOR EXEMPTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - WORLD PARTNERSHIP WALK - VICTORIA PARK - MAY 26, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-096, dated April 24, 2002, recommending approval of the request of World Partnership Walk to sell food at their event to take place in Victoria Park on May 26, 2002, as well as an exemption from Municipal Code Chapter 450 (Noise) for the same event. It was resolved: "That the request of World Partnership Walk to sell food during their event on May 26, 2002 at Victoria Park be approved, provided the necessary licence, at the reduced fee of $10.00, including Health and Fire approvals is obtained and further, That the request of World Partnership Walk for an exemption from City of Kitchener Municipal Code Chapter 450 (Noise), for their event to take place in Victoria Park on May 26,2002, be approved." 2. CRPS-02-097 - REQUEST TO OPERATE HOTDOG CART - OPTIMIST CLUB OF SOUTHWEST KITCHENER - SOUTHWEST OPTIMIST SPORTSFIELD The Committee was in receipt of Corporate Services Department report CRPS-02-097, dated April 24, 2002, recommending approval of the request of the Southwest Optimist Club of Kitchener to operate a hot dog cart at their events at Southwest Optimist Sportsfield in 2002. It was resolved: "That the request of the Optimist Club of Southwest Kitchener to operate a hog dog cart at their events at Southwest Optimist Sportsfield during 2002 be approved, provided the necessary licence, at the reduced fee of $10.00, including Health and Fire approvals is obtained." 3. CRPS-02-098 - REQUEST TO SELL FOOD - REQUEST FOR EXEMPTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - CENTRAL FREDERICK NEIGHBOURHOOD ASSOCIATION - 10TH ANNUAL SUMMER FESTIVAL - WEBER PARK - AUGUST 11, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-098, dated April 24, 2002, recommending approval of the request of the Central Frederick Neighbourhood Association to sell food during their 10'h Annual Summer Festival on August 11, 2002, at Weber Park. The Association also requests an exemption from Municipal Code Chapter 450 (Noise) for this event, which is recommended by staff. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 - 35- CITY OF KITCHENER 3. CRPS-02-098 - REQUEST TO SELL FOOD - REQUEST FOR EXEMPTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - CENTRAL FREDERICK NEIGHBOURHOOD ASSOCIATION - 10TH ANNUAL SUMMER FESTIVAL - WEBER PARK - AUGUST 11, 2002 (CONT'D) It was resolved: "That the request of Central Frederick Neighbourhood Association to sell food during their 10'h Annual Summer Festival on August 11, 2002 at Weber Park be approved, provided the necessary licence, at the reduced fee of $10.00, including Health and Fire approval is obtained; and further, That the request of Central Frederick Neighbourhood Association for an exemption from City of Kitchener Municipal Code Chapter 450 (Noise) for their event at Weber Park on August 22, 2002, be approved." 4. CRPS-02-099 - REQUEST TO OPERATE 2 HOTDOG CARTS - ANNUAL COMMUNITY GARAGE SALE 215 LENNOX CRESCENT & 273 STOKE DRIVE - MAY 4,2002 The Committee was in receipt of Corporate Services Department report CRPS-02-099, dated April 24, 2002, recommending approval of the request of Les Halat to operated two hot dog carts, one at each of 273 Stoke Drive and 215 Lennox Crescent, on May 4, 2002, for the annual Community Garage Sale. It was resolved: "That the request of Les Halat to operate 2 hot dog carts, one at 215 Lennox Crescent and one at 273 Stoke Drive, during the annual Community Garage Sale on May 4, 2002 be approved, provided the necessary licence, including Health and Fire approval is obtained." 5. CRPS-02-068 - EXEMPTION FROM MUNICIPAL CODE CHAPTER 408 (ANIMALS - REGULATION) - TO KEEP PIGEONS AT 53 HIGHBROOK STREET The Committee was in receipt of Corporate Services Department report CRPS-02-068, dated April 5, 2002, recommending approval of the application of Maria and Nicolau Silva for an exemption from Municipal Code Chapter 408 (Animals - Regulation) to keep pigeons on the property municipally known as 53 Highbrook Street. It was resolved: "That the application of Maria & Nicolau Silva for an exemption from Municipal Code Chapter 408 (Animals - Regulation) to allow them to keep pigeons on the property municipally known as 53 Highbrook Street, be approved." 6. CRPS-02-147 - DECLARATION OF SURPLUS LANDS - EASEMENTS TO BELL CANADA The Committee was in receipt of Corporate Services Department report CRPS-02-147, dated April 16, 2002, recommending declaration of three small parcels of land surplus to the City's needs, and easements on these lands be conveyed to Bell Canada. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 - 36- CITY OF KITCHENER 6. CRPS-02-147 - DECLARATION OF SURPLUS LANDS - EASEMENTS TO BELL CANADA (CONT'D) It was resolved: "That vacant land measuring approximately 7 by 7 metres at the following 3 sites, be declared surplus to the City's needs, and easements on these lands be conveyed to Bell Canada for the purpose of constructing remote switch boxes: a) River Road (part of Stanley Park Conservation Area); b) Victoria Street South (part of Filsinger Park West); and, c) Rittenhouse Road (part of Lions Sportsfield)." Councillor B. Vrbanovic entered the meeting at this time. 7. CRPS-02-105 - REQUEST FOR ENCROACHMENT AGREEMENT - DANDY'S RESTAURANT, 85 KING STREET WEST - SIDEWALK PATIO The Committee was in receipt of Corporate Services Department report CRPS-02-105, dated 2002-04-24, advising that consideration of an Encroachment Agreement with the owners of Dandy's Restaurant at 85 King Street West, for a sidewalk patio, had been deferred by the Committee of the Whole on 2002-04-22, and referred to this meeting. Councillor J. Ziegler entered the meeting at this time. Ms. L. MacDonald advised that Dandy's Restaurant has operated a sidewalk patio for all but one of the past 12 years. Consideration of the Encroachment Agreement with Dandy's Restaurant was deferred at the Council meeting of April 22, 2002, to this meeting, at the request of the KDBA. She advised that staff propose the same conditions be imposed in the Encroachment Agreement with Dandy's as has been included in all the other Encroachment Agreement for sidewalk patios. The Committee was provided this dated with copies of a letter from the KDBA to Mr. Gus Bardounivis, Dandy's Restaurant, dated April 22, 2002, advising of a resolution pasted by their Board of Directors that Dandy's should not be granted the privilege of an Encroachment Agreement with the City of Kitchener for a sidewalk patio in 2002. The letter outlines the Board's reasons for their motion relating to anonymous complaints received by the KDBA about operation of and conduct at Dandy's sidewalk patio in 2001 . Mr. L. Protopapas, Solicitor for Dandy's Restaurant, was in attendance in support of the City entering into an Encroachment Agreement with Dandy's for their operation of a sidewalk patio in 2002. In support of Dandy's, Mr. Protopapas stated that the anonymous complaints received by the KDBA in 2001 were not forwarded to Dandy's; consequently, they were not able to respond to them. He noted that the letter recently received from the KDBA is the first time the owners have been made aware of the anonymous complaints. Mr. Protopapas advised that Dandy's Restaurant is a family owned and operated business and someone is always on the patio to handle situations as they arise. The patio generates a considerable income for the business which will be lost if an Encroachment Agreement is denied. The owners are prepared to abide by all terms and conditions in the Encroachment Agreement, and will not oppose the instillation of the sign recommended by staff. Mr. M. Schreiter, KDBA, was in attendance in opposition to an Encroachment Agreement which would allow Dandy's to operate a sidewalk patio in 2002 for the reasons outlined in the letter submitted this date. He stated that there seems to be a problem with Dandy's understanding of the public perception of safety in and around their patio. 7. CRPS-02-105 - REQUEST FOR ENCROACHMENT AGREEMENT FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 - 37- CITY OF KITCHENER - DANDY'S RESTAURANT, 85 KING STREET WEST - SIDEWALK PATIO (CONT'D) Ms. J. Koppeser advised that a complaint procedure exists whereby complaints are received by Licensing staff, the operator of the patio is advised, and staff monitoring the situation to see that it is rectified. She noted that staff received no complaints with respect to sidewalk patios in 2001. Mayor Zehr suggested an Encroachment Agreement expiring June 30'h be approved, on the understanding that an extension of the Agreement will be considered at the June 24, 2002 Finance and Corporate Services Committee and Special Council meetings. Councillor J. Smola disagreed with Mayor Zehr's suggestion, noting that the Encroachment Agreement can be revoked at any time if complaints are received and unresolved. Mayor Zehr put forward a motion to enter into an Encroachment Agreement with Dandy's Restaurant, to expire June 30, 2002, and an extension of the Agreement be considered at the Finance and Corporate Services Committee and Special Council meetings scheduled for June 24, 2002. He accepted a friendly amendment from Councillor J. Ziegler that operators of sidewalk patios be advised in writing, within five business days of receipt of complaints. On motion by Mayor C. Zehr - 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 owner(s) of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to June 30, 2002; and, That consideration of an extension to the Encroachment Agreement with the owner(s) of Dandy's Restaurant take place at the Finance & Corporate Services Committee and Special Council meetings of June 24, 2002; and further, That any and all complaints received with respect to the operation of sidewalk patios be provided to the owner(s), in writing, within 5 business days of receipt." Councillor J. Smola voted in opposition to this motion. Councillor C. Weylie entered the meeting at this time and Councillor J. Ziegler assumed the Chair at this time. 8. SSD-02-008 MILITARY LEAVE POLICY The Committee was in receipt of Strategic Services Department report SSD-02-008, dated April 29, 2002, recommending the adoption of a Military Leave Policy. It was noted in the report that Council, at its meeting of February 28, 2002, stated its support for such a Policy. Councillor Galloway moved adoption of the recommendation in the staff report and accepted a friendly amendment from Councillor Vrbanovic that Military Leave be granted to a maximum of one year. On motion by Councillor M. Galloway - it was resolved: "That the Council policy respecting Military Leave attached to Strategic Services Department report SSD-02-08 be approved, as revised, to allow military leave to a maximum of 1 year." 9. DTS-02-094 - EXTENSION OF FIRE DISPATCH AGREEMENTS - CITY OF WATERLOO & TOWNSHIPS OF WELLESLEY, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 - 38- CITY OF KITCHENER WILMOT & WOOLWICH The Committee was in receipt of Development and Technical Services Department report DTS-02- 094, dated April 18, 2002, recommending an extension of the existing Dispatch Agreements with the City of Waterloo and the Townships of Wellesley, Wilmot and Woolwich, until such time as a new Computer Aided Dispatch System is purchased and new agreements are negotiated. On motion by Mayor C. Zehr - it was resolved: "That subject to the agreement of the City of Waterloo and the Townships of Wellesley, Wilmot and Woolwich, the City's agreements with these municipalities for Computer Aided Dispatch be extended until a new Computer Aided Dispatch System is purchased and new agreements are negotiated." 10. DTS-02-095 - WAIVER OF REQUIREMENTS FOR EXPRESSIONS OF INTEREST - COMPUTER AIDED DISPATCH (CAD) SYSTEM & RECORDS MANAGEMENT SYSTEM (RMS) - CRISYS LTD. At the request of Mr. R. Pritchard, the Committee agreed to defer consideration of Corporate Services Department report DTS-02-095, for further review by the Corporate Management Team, to be referred to the Committee of the Whole meeting of May 6, 2002. On motion by Councillor G. Lorentz- it was resolved: "That consideration of Development & Technical Services Department report DTS-02-095 [CriSys Ltd. - Computer Aided Dispatch (CAD) and Records Management System (RMS) for Kitchener Fire Department] be deferred and referred to the Committee of the Whole meetina scheduled for Mav 6. 2002." 11. DTS-02-088 - LIQUOR LICENCE APPLICATION - ELVIS ELLISON & ELTON RUSSELL 24 CHARLES STREET WEST The Committee was in receipt of Development and Technical Services Department report DTS- 02-088, dated April 22, 2002, recommending Council not object to the issuance of a Liquor Licence for Elvis Ellison & Elton Russell, for the property municipally known as 24 Charles Street West, subject to certain conditions. On motion by Councillor C. Weylie - it was resolved: "That no action be taken to oppose the application for a liquor licence by Elvis Ellison and Elton Russell (the 'Applicants') at 24 Charles Street West, Kitchener, based on the Applicants agreeing to the following: The Applicants agree to voluntarily request the following conditions be added to their liquor licence. In the event the Alcohol and Gaming Commission of Ontario, at its discretion, does not add the following conditions to the licence, the Applicants agree to have these conditions added to and form part of the 'private agreement conditions' and understands the City's non-objection to the issuance of their liquor licence is based on that agreement and continued compliance. 11. DTS-02-088 - LIQUOR LICENCE APPLICATION - ELVIS ELLISON & ELTON RUSSELL FINANCE & CORPORATE SERVICES COMMITTEE MINUTES April 29. 2002 - 39- CITY OF KITCHENER 24 CHARLES STREET WEST (CONT'D) CONDITIONS The Applicants agree to: (a) post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (b) become a member of the Downtown Business Association's License & Entertainment Committee and attend its meetings; (c) set a 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in their application (alcohol sales will be limited to 40% of gross refreshment sales); (d) stop serving alcohol by 1 :00 a.m. daily; (e) voluntarily surrender the liquor licence to the AGCO should one or both of the Applicants cease to operate this establishment; (f) notify the Clerk of the City of Kitchener of any applications to change the licence, in writing and at the time the application for the change is made to the Alcohol and Gaming Commission, and not expand the licensed establishment without consent of the City's Council; and, (g) these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 12. ADJOURNMENT On motion, the meeting adjourned at 3:32 p.m. Dianne H. Gilchrist Committee Administrator