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HomeMy WebLinkAboutFin & Corp Svcs - 2007-02-19FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 19, 2007 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:35 p.m. Present: Councillor B. Urbanovic, Chair Mayor C. Zehr and Councillors G. Lorentz, K. Galloway, J. Smola and C. Weylie. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer A. Pappert, General Manager, Community Services T. Speck, General Manager, Corporate Services L. MacDonald, Director, Legal Services & City Solicitor S. Adams, Director of Community & Corporate Planning R. Gosse, Director of Legislated Services & City Clerk R. Regier, Executive Director of Economic Development J. McBride, Director of Transportation Planning D. Mansell, Director of Engineering M. May, Director, Communications /Marketing S. Williams, Assistant City Solicitor P. Harris, Manager of Licensing K. Steiss, Inclusion Co-ordinator J. Gillett, Committee Administrator 1. CRPS-07-009 - STREET VENDORS BY-LAW The Committee considered Corporate Services Department report CRPS-07-009, dated January 15, 2007 concerning preparation and adoption of a 2007 Street Vendor By-law. On motion by Councillor C. Weylie - itwas resolved: "That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council's consideration on February 26, 2007, based on the proposed by-law dated February 14, 2007 attached to Corporate Services Department report CRPS-07-009." 2. CRPS-07- 022 - REQUEST TO SELL FOOD & ALCOHOL -GREEK FOOD FESTIVAL - 527 BRIDGEPORT ROAD EAST -JUNE 9 & 10, 2007 The Committee considered Corporate Services Department report CRPS-07-022, dated February 8, 2007 concerning a request from the Greek Orthodox Community of Saints Peter and Paul Church to operate a place of refreshment on their premises for the Greek Food Festival. On motion by Councillor C. Weylie - itwas resolved: "That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener- Waterloo & District, be granted permission to operate a Place of Refreshment on their premises at 527 Bridgeport Road East, Kitchener on June 9 & 10, 2007 provided the necessary licence is obtained, including Health and Fire approval; and further, That since this Festival is a celebration of our ethnic diversity it be declared a "Community Festival"." 3. CRPS-07-023 - REQUEST TO HOLD BINGOS -WATERLOO LIONS CLUB - K-W BINGO CENTRE, 501 KRUG STREET The Committee considered Corporate Services Department report CRPS-07-023, dated February 9, 2007 concerning a request from the Waterloo Lions Club to hold bingos in Kitchener. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 19, 2007 - 44 - CITY OF KITCHENER 3. CRPS-07-023 - REQUEST TO HOLD BINGOS -WATERLOO LIONS CLUB - K-W BINGO CENTRE, 501 KRUG STREET (CONT'D) On motion by Councillor C. Weylie - itwas resolved: "That the request of the Waterloo lions Club to hold bingos in the City of Kitchener be approved, providing that the funds being raised are used for charitable purposes as mandated in the Provincial Regulations." 4. CRPS-07-024 -REQUEST FOR AMIDWAY- HOMENIUK RIDES INC. - 707 OTTAWA STREET SOUTH -APRIL 26-MAY 6, 2007 The Committee considered Corporate Services Department report CRPS-07-024, dated February 9, 2007 concerning a request from Homeniuk Rides Inc. to operate a midway. On motion by Councillor C. Weylie - itwas resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 26 to May 6, 2007, subject to the following hours of operation: Date Start Close Thursda , A ril 26 3:30 m 10:00 m Frida , A ril 27 3:30 m 11:00 m Saturda ,Aril 28 10:OOam 11:00 m Sunday, April 29 Noon 10:00 pm Monda ,Aril 30 to Thursda , Ma 3 3:30 m 10:00 m Frida , Ma 4 3:30 m 11:00 m Saturda , Ma 5 10:00 am 11:00 m Sunda , Ma 6 Noon 9:00 m ;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 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non-school day; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. 5. CRPS-07-028 - AMENDMENT TO CHAPTER 25 (PROCEDURE) OF THE MUNICIPAL CODE - PRESENTATIONS AT COUNCIL MEETINGS The Committee considered Corporate Services Department report CRPS-07-028, dated February 12, 2007 concerning an amendment to Chapter 25 of the Municipal Code to include `Presentations' as part of Article 5 Orders of Proceedings, Agendas and Minutes). On motion by Councillor C. Weylie - itwas resolved: "That Chapter 25 (Procedural By-law) of the Municipal Code be amended to include `Presentations' as part of Article 5, Orders of Proceedings Agendas and Minutes, as outlined in Corporate Services Department report CRPS-07-028. " 6. DTS-07-033 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - 44 GAUKEL STREET SITE REMEDIATION The Committee considered Development and Technical Services Department report DTS-07- 033, dated February 14, 2007 concerning a noise exemption for the City of Kitchener and its FINANCE & C~RP~RATE SERVICES C4MMITI'EE MINUTES FEBRUARY 19, 2007 - 45 - CITY 4F KITCHENER 6. DTS-07-033 - EXEMPTION T4 CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - 44 GAUKEL STREET SITE REMEDIATION (C~NT'D) contractors regarding site remediation of 44 Gaukel Street. At the request of Mayor C. Zehr, Mr. J. McBride agreed to provide further clarification as to the timeline /scheduling of extended hours for this construction project for consideration at the February 26, 2007 Council meeting. On motion by Councillor C. Weylie - itwas resolved: °°That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work, during the site remediation of 44 Gaukel Street, Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from February 19, 2007 to June 30, 2007." 7. CRPS-07-025 - REFERRAL TO A LICENSING HEARING - 2027625 ONTARIO LTD. - ola THE DOLL HOUSE - 6 BRIDGE STREET WEST The Committee considered Corporate Services Department report CRPS-07-025, dated February 12, 2007 concerning an application for a Class E Adult Entertainment Parlour licence submitted by 2027625 Ontario Ltd., o/a The Doll House, 6 Bridge Street West, Kitchener. Ms. P. Harris advised that in reviewing the licence renewal application matters came to her attention regarding possible non-compliance of Chapter 502 Licence -Adult Entertainment Parlours) of the Municipal Code. In accordance with provisions of c.502, she referred this matter to the Committee for consideration of convening a licensing hearing to review the licence application. Ms. Harris further noted that the applicant successfully pursued a Court Order to have a temporary licence issued pending resolution of this matter. In compliance with the Order, a temporary licence has been issued for a period ending May 31, 2007 pending conclusion of either a judicial review or a licensing hearing. Ms. Harris requested that this matter be referred to a licensing hearing. Mr. Darrel Hawreliak, Solicitor for 2027625 Ontario Ltd., asked that this matter be referred back to staff to allow him and his client opportunity to resolve the matter with staff rather than holding a licensing hearing. He further requested that in the event a decision is made to hold a licensing hearing, the sitting members to the hearing not be the same proponents as those who sat at a previous hearing involving The Doll House, held in October 2006, so as not to be prejudicial to the outcome. Councillor B. Vrbanovic advised that staff have provided suggested Council appointments to the hearing and for the same reasons have not included members of Council who sat at the previous hearing. In response to Councillor G. Lorentz, Ms. S. Williams advised that the applicant would have opportunity to respond to the allegation of non-compliance at the licensing hearing; adding that notwithstanding ajudicial review, a licensing hearing can still be held as the Court Order provides that the temporary licence be issued until such time as the earliest of either a judicial review or a licensing hearing occurs. It was noted in the agenda that any recommendation from this Committee concerning this matter would be considered at the special Council meeting to be held later this date. On motion by Councillor C. Weylie - itwas resolved: "That the application fora 2007 Class E Adult Entertainment Parlour licence submitted by 2027625 Ontario Ltd., o/a The Doll House (6 Bridge Street West), be referred to a Licensing Hearing; and further, FINANCE & C~RP~RATE SERVICES COMMITTEE MINUTES FEBRUARY 19, 2007 - 46 - CITY 4F KITCHENER 7. CRPS-07-025 - REFERRAL TO A LICENSING HEARING - 2027625 ONTARIO LTD. - ola THE DOLL HOUSE - 6 BRIDGE STREET WEST (C4NT'D) That Councillors K. Galloway, J. Gazzola and G. Lorentz, and Mayor C. Zehr as an alternate, be appointed to hear this matter." 8. CRPS-07-026 - REFERRAL TO A LICENSING HEARING -1685000 ONTARIO LIMITED - ola ROXXANNES BAR & GRILL -1271 VICTORIA STREET NORTH The Committee considered Corporate Services Department report CRPS-07-026, dated February 12, 2007 concerning an application for a Class E Adult Entertainment Parlour licence submitted by 1685000 Ontario Limited, o/a Roxxannes Bar & Grill, 1271 Victoria Street North, Kitchener. Ms. P. Harris advised that in reviewing the licence renewal application matters came to her attention regarding possible non-compliance of Chapter 502 Licence -Adult Entertainment Parlours) of the Municipal Code. In accordance with provisions of c.502, she referred this matter to the Committee for consideration of convening a licensing hearing to review the licence application. Ms. Harris then pointed out an error in the staff report wherein under the heading `Report' the second paragraph incorrectly refers to charges of permitting Class D services in a Class E adult entertainment parlour. She advised that the charges actually relate to allowing an attendant to perform Class E services while not within the plain and unobstructed view of the main stage of the floor on which such services are being provided. Ms. Harris advised that a temporary licence has not been issued for this business and suggested that if it is the Committee's decision to direct that a temporary licence be issued, such licence be for the period ending May 31, 2007 in keeping with the previous application for The Doll House. Mr. Steve MacMurray, Solicitor for 1685000 Ontario Limited, advised that his client is prepared to accept referral to a licensing hearing and requested that a temporary licence be issued in similar manner to The Doll House. He added that in light of charges laid against his client in 2006 concerning regulations requiring "a plain and unobstructed view", his client has taken steps to correct the offence and as such, suggested that such matters would not be part of the alleged non-compliance to be considered at the impending hearing. It was noted in the agenda that any recommendation from this Committee concerning this matter would be considered at the special Council meeting to be held later this date. On motion by Councillor C. Weylie - itwas resolved: "That the application fora 2007 Class E Adult Entertainment Parlour licence submitted by 1685000 Ontario Limited, o/a Roxxannes Bar & Grill (1271 Victoria Street North), be referred to a licensing Hearing; and, That Councillors J. Smola, K. Galloway and Mayor C. Zehr, and Councillor J. Gazzola as an alternate, be appointed to hear this matter; and further, That a temporary Class E Adult Entertainment Parlour licence be issued to 1685000 Ontario limited, ola Roxxannes Bar & Grill, for a period ending May 31, 2007 pending the outcome of the Licensing Hearing." 9. CRPS-07-027 - REFERRAL TO A LICENSING HEARING - HUONG TUYET TRAM - RED LANTERN - 265 KING STREET EAST The Committee considered Corporate Services Department report CRPS-07-027, dated February 13, 2007 concerning an application for a Class A Place of Refreshment licence submitted by Hon Cat and Huong Tuyet Tram for the Red lantern, 265 King Street East, Kitchener. A Class A licence permits the sale of alcohol provided a liquor licence has been issued by the Alcohol & Gaming Commission of Ontario (AGCO). FINANCE & C~RP~RATE SERVICES COMMITTEE MINUTES FEBRUARY 19.2007 - 47 - CITY 4F KITCHENER 9. CRPS-07-027 - REFERRAL TO A LICENSING HEARING - HUONG TUYET TRAM - RED LANTERN - 265 KING STREET EAST (CONT'D) Ms. P. Harris advised that in February 2007 a Class A licence application was submitted by Hon Cat, as the business owner and Huong Tuyet Tram as his partner. It was noted that Ms. Tram had made an application in February 2006 as the owner of the business but had withdrawn her application while a business licence hearing was being held regarding her application. Ms. Harris advised that she is referring the application to the Committee to consider convening a licensing hearing based on the fact that the previous hearing was not concluded and information received from the Waterloo Regional Police Services. She noted that the business has been issued a Class C licence which allows the Red lantern to continue to operate the sale of food and beverages, exclusive of alcohol. Mr. David Starr, Solicitor for the applicants, advised that this business previously held a Class A licence, including a liquor licence from the AGCO, prior to submitting their renewal application and asked that his client be permitted to continue to operate under a Class A licence pending the outcome of a hearing. Ms. P. Harris advised that it was her understanding from the AGCO that Mr. Cat does not currently have a valid liquor licence and both partners are required to be named on the licence, which is not the case at this time. She added that Ms. Tram is also not named on the business licence at this time. Mr. D. Starr acknowledged some confusion with regard to the liquor licence, noting that originally Mr. Cat had intended to buy out the original owner and transfer the liquor licence from Ms. Tram to himself; but has since decided to partner with Ms. Tram and he withdrew his liquor licence application. He stated that it was his clients intention to ensure that the liquor licence is done properly but he believed the owner has a proper licence. Mr. R. Gosse enquired as to whom Mr. Starr referred to when speaking of the owner of the business and Mr. Starr responded that "Rose" GMs. Tram) was the traditional owner of the business, who is now partnering with "Tony" ~Mr. Cat) as the new owner. Mr. Gosse noted that the City's records indicate only one owner, Mr. Cat, as shown on the 2006 business licence. Mr. Starr pointed out that Ms. Tram is listed on the 2007 licence renewal application and he hoped to sort out these issues at the hearing but in the interim he asked that his clients be allowed to operate under a Class A licence. Councillor B. Vrbanovic inquired if their would be any reason not to issue a temporary Class A licence pending a hearing if the applicant could provide documentation of a valid AGCO liquor licence. Mr. R. Gosse advised that it was staffs understanding that the applicants did not have a valid liquor licence at this time as both partners must be named on the licence. He noted that Mr. Cat applied for a transfer of Ms. Tram's liquor licence in 2006 but was issued a Notice of Refusal for which a hearing was scheduled on December 21, 2006. Prior to the hearing Mr. Cat withdrew his application and as such staff believe Mr. Cat does not have a valid liquor licence at this time. He further noted that Ms. Tram was not known as a partner in the business until the renewal application was submitted and accordingly, he asked that a temporary Class A licence not be issued until a review of the renewal application has been conducted. It was noted in the agenda that any recommendation from this Committee concerning this matter would be considered at the special Council meeting to be held later this date. On motion by Councillor C. Weylie - itwas resolved: "That the application fora 2007 Class A Place of Refreshment licence submitted by Hon Cat and Huong Tuyet Tram for the Red lantern (265 King Street East), be referred to a Licensing Hearing; and further, That Councillors B. Vrbanovic, G. Lorentz and J. Smola, and Councillor J. Gazzola and Mayor C. Zehr as alternates, be appointed to hear this matter." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 19, 2007 - 48 - CITY OF KITCHENER 10. DTS-07-030 -EXTENSION OF PURCHASE ORDER - 2007 CONSTRUCTION - STRANGE STREET RECONSTRUCTION PROJECT The Committee considered Development and Technical Services Department report DTS-07- 030, dated January 31, 2007 requesting an extension of a purchase order to complete the 2007 construction of Strange Street. On motion by Councillor G. Lorentz - itwas resolved: "That an extension of the purchase order for IBI Group by $87,270 be approved to complete the 2007 construction of Strange Street." 11. CAO-07-010 -CENTRE BLOCK PUBLIC CONSULTATIONS The Committee considered Chief Administrator's Office report CAO-07-010, dated February 15, 2007 proposing a public consultation process for the Centre Block redevelopment competition and provision of compensation for the final unsuccessful proponent(s). Mr. M. May advised that the public consultation process is to begin April 30 with the unveiling of the two final proposals and will continue through May 17, 2007. Citizens will have 7 different methods of sharing their feedback on the two proposals, including: a dedicated website; informational brochure delivered to every household, with return feedback form; three public meetings; proponents' concept models for viewing at various locations throughout the City; dedicated e-mail address; dedicated phone line; and dedicated mailing address. Mr. May added that in keeping with the Terms of Reference of the Request for Expressions of Interest (RFP), a predetermined level of compensation for the final unsuccessful proponent(s) has been established at $75,000. Mr. May responded to questions, advising that staff recommend the total cost for the Centre Block competition to be funded from the Economic Development Investment Fund (EDIF); and following the public consultation process the Centre Block Evaluation Committee (CBEC) will complete evaluation of the proposals and make a recommendation to Council. Councillor B. Urbanovic enquired in the event that three strong proposals are received, if there was flexibility in the process to allow a third proposal to be advanced. Mr. R. Regier advised that the RFP Terms of Reference does not provide for more than two final proposals and should a third be considered worthy an amendment in the process would be required; for which staff would have to come back to the Committee for direction. Ms. C. Ladd added that while she is confident that the CBEC is clear in its direction to reduce the number to two finalists, if they feel strongly that a third should advance staff will indicate that Council may be open to a third option and will bring it forward for Council's direction. Councillor K. Galloway expressed the opinion that advancing too many proposals may delude the process, preferring that only two finalists advance in keeping with the RFP Terms of Reference. In reference to direct mailing to households, Councillor Urbanovic inquired if staff had considered using the services of Canada Post. Mr. M. May advised that staff chose to proceed with The Record because their pricing was the most cost effective and their circulation area reaches a majority of households (approximately 60,000). Councillor Urbanovic commented on the importance of achieving the highest rate of response, raising concerns that an insert in the flyers would go unnoticed. He suggested that additional funding in the amount of $5,000. be added to the public consultation funding to allow staff to pursue direct mailing with Canada Post. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 19, 2007 - 49 - CITY OF KITCHENER 11. CAO-07-010 -CENTRE BLOCK PUBLIC CONSULTATIONS (CONT'D) On motion by Councillor J. Smola - itwas resolved: "That staff proceed with the Centre Block public consultation process as outlined in Chief Administrator's Office report CAO-07-010, as amended to increase the overall budget for the competition from $100,000. to $105,000., by providing an additional $5,000. for `Delivery of direct mailer to Kitchener households' to allow staff to consider using the services of Canada Post; and further, That the Mayor and Clerk be authorized to execute remuneration agreements with the two final proponents who are selected to submit detailed proposals for the redevelopment of Centre Block and to participate in the Centre Block public consultation process outlined in report CAO-07-010; said agreements to be satisfactory to the City Solicitor." 12. CSD-07-010 -JOINT ACCESSIBILITY PLAN 2007 - ONTARIANS WITH DISABILITIES ACT, 2001 The Committee considered Community Services Department report CSD-07-010, dated January 26, 2007 concerning the City's 2007 Accessibility Plan prepared in accordance with the Ontarians with Disabilities Act, 2001. Ms. K. Steiss introduced members of the Grand River Accessibility Advisory Committee (GRAAC) in attendance this date, noting that the Committee has accepted the plan as attached to report CSD-07-010 and is recommending it be adopted. Ms. Steiss then highlighted the Committee's 2006 achievements and provided an overview of the proposed initiatives for 2007, which include: staff training; policy development; investigation of new technologies; website enhancement; review of by-laws and planning guidelines; emergency and customer service strategies; and identification of barriers. On motion by Councillor K. Galloway - itwas resolved: "That the 2007 Accessibility Plan attached to Community Services Department report CSD-07-010 be adopted as the Annual Accessibility Plan for 2007 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich, the Township of North Dumfries and the Township of Wellesley adopt the said Accessibility Plan, the Plan shall be a "Joint Accessibility Plan" with the participating municipalities." 13. ADJOURNMENT On motion, the meeting adjourned at 3:30 p.m. Janet Gillett, AMCT Committee Administrator