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HomeMy WebLinkAboutFinance & Corp - 2002-10-28FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor B. Vrbanovic, commencing at 2:43 p.m., with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, and J. Smola. Councillor C. Weylie entered the meeting shortly after its commencement. Others Present: Ms. J. Koppeser, Ms. C. Heal, Ms. D. Gilchrist and Messrs. R. Pritchard, F. Pizzuto, R. Gosse, G. Melanson, D. Quinn and H. Gross. 1. FIN-02-040 - CHALON ESTATES INC. - PERMANENT OWNERSHIP - WATER DISTRIBUTION SYSTEM PIPES The Committee was in receipt of Financial Services Department report FIN-02-040, dated October 18, 2002, with respect to the City of Kitchener permanently assuming the water distribution system pipes currently owned by Chalon Estates Inc. It is noted in the report that Council had been in receipt of Financial Services Department report FIN-02-002, dated January 2, 2002 and had, on January 18, 2002 agreed, as recommended by staff, to assume the water distribution system. The report before the Committee this date recommends an agreement which will ensure legal transfer of the assets of Chalon Estates Inc.'s water distribution system. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Chalon Estates Inc., regarding the assumption of permanent ownership of all remaining Chalon Estates Inc. water distribution system pipes in the municipal road allowances as set out in Financial Services Department report FIN-02-002, dated January 2, 2002." DTS-02-241 - VICTORIA STREET NORTH SANITARY SEWER - LOCAL IMPROVEMENTS - INCREASED COST OF PURCHASE ORDERS The Committee was in receipt of Development and Technical Services Department report DTS- 02-241, dated October 23, 2002, recommending an increase in the value of two purchase orders related to the Victoria Street North Sanitary Sewer Local Improvements. The report notes that the increased cost of both purchase orders results from the requests received from property owners on Victoria Street North to extend the sanitary sewer to the north and south of that initially intended. It also notes that the City's cost will not increase as the additional lengths of sanitary sewer will be paid by the parties requesting the extensions. It was resolved: "That the purchase orders for the construction of the Victoria Street North Sanitary Sewer Local Improvement be increased as follows: a) 969774 Ontario Limited (Elgin Construction) - $229,053.77 to $276,967.86 (GST included); and, b) Earth Tech (Canada) Inc. - $33,780.00 to $42,000.00 (GST included)." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 88- CITY OF KITCHENER DTS-02-228 - LIQUOR LICENCE APPLICATION - KWOTB - 24 CHARLES STREET WEST - and - CRPS-02-252- PROPOSAL BY ELMIRA RACEWAY - OFF-TRACKING BETTING TELETHEATRE - 24 CHARLES STREET WEST The Committee was in receipt of Development and Technical Services Department report DTS- 02-228, dated October 23, 2002, with respect to an application before the Alcohol and Gaming Commission by Gregory Assimacouplos (KWOTB) for a liquor licence for a restaurant/bar and off-track betting establishment at 24 Charles Street West, Kitchener. The recommendation of the City's Liquor Licence Review Committee, as contained in the report, is that the City oppose the liquor licence application. The report cites several reasons for their opposition, including the fact that Mr. Assimacouplos' experience is with operating family restaurants which have very different characteristics than the proposed business. The report also suggests that food sales will be ancillary to liquor sales. The Committee was also in receipt of Corporate Services Department report CRPS-02-252, dated October 22, 2002, with respect to an application before the Ontario Racing Commission by Elmira Raceway to operate an off-track betting teletheatre at Mr. Assimacouplos' business at 24 Charles Street West. The report advises that the City's role in this application process is the same as that for a liquor licence, in that the City has no direct power to approve or reject an application, but has the opportunity to comment on the application. The following appeared before the Committee this date, in opposition to the recommendation in Development and Technical Services Department report DTS-02-228: Mr. Gregory Assimacouplos, owner of the business known as KWOTB, Mr. Henry Krebs, owner of 24 Charles Street West, and Dr. Ted Clarke, General Manager, Elmira Raceway. Each made a presentation before the Committee with the emphasis that the proposed business is primarily to be an off-track betting establishment with alcohol and food sales being secondary. The clientele will be primarily males over 50 years of age. Also, the seating capacity will be 110 persons, were as the previous restaurant at this address had in excess of 300 seats. The delegations also advised that the hours of operation for the off-track betting establishment will be 11:00 a.m. to 11:00 p.m. When questioned by the Committee, Mr. Assimacouplos advised that if the off-track betting at his proposed establishment ceased, he would operate the premises as a Greek restaurant. The Committee then reviewed the conditions recommended by staff should they decide to support the liquor licence application. It was generally agreed that condition "h" be revised as follows: "To voluntarily surrender the liquor licence to the AGCO should the applicant cease to operate this establishment as an off-track betting teletheatre or restaurant in the future;". On motion by Councillor G. Lorentz - it was resolved: "That the Council of the Corporation of the City of Kitchener does not object to the issuance of a liquor licence to Gregory Assimacouplos for the business known as KWOTB, to be located at 24 Charles Street West, Kitchener, subject to the following: That the Applicant agrees to voluntarily request the conditions listed below be added to the liquor licence and failing such agreement in writing, the City of Kitchener objects to the issuance of this liquor licence application. In the event the AGC©, at its discretion, does not add the following conditions to the licence, the Applicant agrees to have these conditions added to and form part of the "private agreement conditions" and understands that the City's non-objection to the issuance of his licence is based on the private agreement and continued compliance with it. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 89- CITY OF KITCHENER DTS-02-228 - LIQUOR LICENCE APPLICATION - KWOTB - 24 CHARLES STREET WEST - and - CRPS-02-252- PROPOSAL BY ELMIRA RACEWAY - OFF-TRACKING BETTING TELETHEATRE - 24 CHARLES STREETWEST (CONT'D) The applicant agrees to: a) Post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; b) Become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; c) Abide to a set 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in his/her application (in other words, alcohol sales will be limited to 50% of gross refreshment sales); d) Notify the Clerk of the City of Kitchener in writing of any applications to change the licence at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the licensed establishment, including an addition of an outdoor patio, without the consent of the City's Council; e) Assist to ensure that all customers of KVVOTB only park their vehicles at legal and designated parking spots , and not at abutting businesses' private parking lots during their operating hours; f) Only operate between 11:30 a.m. and 11:30 p.m.; g) Comply with the noise by-law; h) Voluntarily surrender the liquor licence to the AGCO should the applicant cease to operate as an off-track betting teletheatre or a restaurant in the future; Provide no entertainment at the establishment, except televisions and off-track betting; J) Not enlarge the existing front entrance, create any garage door type openings, or any other form of new openings/windows on any of the exterior walls; and k) That these conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried Unanimously. On motion by Councillor J. Smola - it was resolved: "That the Council of the Corporation of the City of Kitchener has no objection to the application of Elmira Raceway to operate an off-track betting teletheatre at the business known as KWOTB, operated by Gregory Assimacouplos, to be located at 24 Charles Street West, Kitchener." Carried Unanimously. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 90- CITY OF KITCHENER 4. FIN-02-041 - "SHARE THE WARMTH" CHARITY - DONATION MATCH BY UTILITIES DIVISION The Committee was in receipt of Financial Services Department report FIN-02-041, dated October 23, 2002, recommending that the Utilities Division match donations to the "Share the Warmth" charity for energy assistance for residence of the City of Kitchener, to an annual maximum of $25,000. Mr. Quinn advised that the donation would be paid from the Utilities Division marketing budget. On motion by Mayor C. Zehr - it was resolved: "That the Utilities Division match donations to "Share the Warmth" charity for the purpose of energy assistance for residents in the City of Kitchener, from the Utilities Division marketing account, to an annual maximum of $25,000." REQUEST FROM MAYOR ZEHR RECONSIDERATION OF HOLDING A COUNCIL MEETING ON JUNE 3, 2003 Mayor Zehr commented that the Council meeting schedule for June 3, 2003 is the day after the conclusion of the Federation of Canadian Municipalities annual meeting, in Winnipeg, and those members of Council attending this annual meeting may wish to extend their stay in Winnipeg. The Deputy Clerk was directed to review the Council / Standing Committee meeting schedule and propose an alternate schedule of meetings for the month of June 2003, at the November 4, 2002 Council meeting. ADJOURNMENT On motion, the meeting adjourned at 3:40 p.m. Dianne H. Gilchrist Committee Administrator