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HomeMy WebLinkAboutFin & Corp Svcs - 2007-09-10FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10. 2007 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 4:03 p.m. Present: Councillor B. Vrbanovic, Chair Mayor C. Zehr and Councillors J. Gazzola, J. Smola, K. Galloway and C. Weylie. Staff: C. Ladd, Chief Administrative Officer A. Pappert, General Manager, Community Services P. Houston, General Manager, Financial Services & City Treasurer R. Browning, General Manager, Development & Technical Services L. MacDonald, Director of Legal Services & City Solicitor R. Gosse, Director of Legislated Services & City Clerk K. Currier, Director of Operations K. Baulk, Director of Enterprise S. Turner, Director of Enforcement D. Keehn, Director of Aquatics & Athletics J. Witmer, Director of Building L. Proulx, Director of Facilities Management R. Regier, Executive Director of Economic Development J. Sheryer, Assistant City Solicitor P. Harris, Manager of Licensing G. Hummel, Manager of Park Planning, Development & Operations D. Chapman, Manager of Special Events T. Konstantinidis, Supervisor of Parking Operations C. Goodeve, Committee Administrator 1. CRPS-07-106 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - K-W OKTOBERFEST EVENTS The Committee considered Corporate Services Department report CRPS-07-106, dated September 4, 2007 regarding a request for an exemption to Municipal Code Chapter 450 (Noise) by K-W Oktoberfest Inc. for a series of Oktoberfest related events. Councillor B. Vrbanovic advised that originally the event being held at the Kitchener Memorial Auditorium Complex (The Aud) on October 11, 2007 was to be excluded from the list of events receiving an exemption to allow for additional discussions to be undertaken with area residents. He noted that staff have advised that since the drafting of report CRPS-07-106 these discussions have taken place and accordingly staff are requesting that their original recommendation be amended to grant an exemption to the October 11, 2007 event at The Aud. On motion by Councillor J. Smola - it was resolved that: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 5 and October 13, 2007, as outlined in the letter from K-W Oktoberfest Inc., dated June 11, 2007, attached to Corporate Services Department report CRPS-07-106." 2. CRPS-07-121 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - VIEN QUANG BUDDHIST ASSOCIATION OF KITCHENER-WATERLOO The Committee considered Corporate Services Department report CRPS-07-121, dated September 4, 2007 regarding a request for an exemption to Municipal Code Chapter 450 (Noise) by the Vien Quang Buddhist Association of Kitchener-Waterloo as part of their Autumn Festival celebration. On motion by Councillor J. Smola - it was resolved that: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, be granted to the Vien Quang Buddhist Association of Kitchener-Waterloo at 23 Campbell Avenue, on September 29, 2007, between the hours of 6:00 to 10:00 p.m., as part of their Autumn Festival celebration." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -131 - CITY OF KITCHENER 3. CRPS-07-11$ -LIQUOR LICENCE REVIEW APPLICATION - NIKO NIKO ROLL & SUSHI - 20 KING STREET EAST The Committee considered Corporate Services Department report CRPS-07-118, dated August 30, 2007 regarding a liquor licence application for Niko Niko Roll & Sushi restaurant located at 20 King Street East. On motion by Councillor J. Smola - it was resolved that: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Niko Niko Roll & Sushi located at 20 King Street East, applied for by Sun-Mi Yuu (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: 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 and Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 30% of gross refreshment sales); 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application 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; 6. to comply with the Noise By-law and Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 4. CRPS-07-119 -LIQUOR LICENCE REVIEW APPLICATION - CAFE MAESTRO - 24 KING STREET EAST The Committee considered Corporate Services Department report CRPS-07-119, dated September 4, 2007 regarding a liquor licence application for Cafe Maestro restaurant located at 24 King Street East. It was noted in the agenda that any recommendation from the Committee regarding this item would be considered at the special Council meeting to be held later this same date. On motion by Councillor J. Smola - it was resolved that: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Cafe Maestro located at 24 King Street East, applied for by Vanja Sikman (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -132 - CITY OF KITCHENER 4. CRPS-07-119 -LIQUOR LICENCE REVIEW APPLICATION - CAFE MAESTRO - 24 KING STREET EAST tCONT'D) 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 30% of gross refreshment sales); 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application 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; 6. to comply with the Noise By-law and Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 5. CSD-07-072 -NEW DOWNTOWN PARKING LOT tCHARLES STREET WEST LOT #15) The Committee considered Community Services Department report CSD-07-072, dated July 25, 2007 regarding the establishment and operation of the new Charles Street West Parking Lot # 15. In response to questions, Mr. J. Witmer advised that as there was a parking lot previously located on this property the formal site plan approval process was not required. He noted that staff did undertake an informal review to ensure that the site conformed to all current City requirements for parking lots; such as, a 3 meter buffer and lighting standards. On motion by Councillor J. Smola - it was resolved: "That effective immediately, 44-50 Gaukel Street West operate as a Municipal parking lot and be named Charles Street West lot #15; and, That monthly parking be offered at a rate of $80.31 plus taxes per month, Monday to Saturday; and, That hourly parking be offered at a rate of $1.65 per hour, $7. daily maximum, Monday to Saturday, 8:00 a.m. to midnight; and further, That By-law #88-169 be amended accordingly. 6. CSD-07-0$1 -HOUSE OF FRIENDSHIP CO-OPERATIVE AGREEMENT - CHANDLER MOWAT COMMUNITY CENTRE The Committee considered Community Services Department report CSD-07-081, dated August 4, 2007 regarding a Co-operative agreement with the House of Friendship for their provision of social programs at the Chandler Mowat Community Centre. In response to questions, Ms. J. Sheryer advised that the social programs being administered by the House of Friendship are typically provided by a neighbourhood association at other City facilities. She noted that the City would retain oversight over the programs being provided by the House of Friendship. On motion by Councillor J. Smola - it was resolved: "That the Mayor and Clerk be authorized to execute a Co-operative Agreement, subject to the satisfaction of the City Solicitor, with the House of Friendship, for the provision of social programs at the Chandler Mowat Community Centre; and further, That the General Manager of Community Services be authorized to renew this agreement annually, subject to the satisfaction of the City Solicitor." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -133 - CITY OF KITCHENER 7. CSD-07-0$0 -PARK LICENCE AGREEMENT RENEWAL - ONTARIO REALTY CORPORATION The Committee considered Community Services Department report CSD-07-080, dated August 24, 2007 regarding the renewal of a Licence agreement with Ontario Realty Corporation (formerly Hydro One Networks Inc.) for lands in the Stanley Park and Centreville-Chicopee communities. On motion by Councillor J. Smola - it was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement Renewal (5 years), subject to the satisfaction of the City Solicitor, with Ontario Realty Corporation (formerly Hydro One Networks Inc.) relating to lands in the Stanley Park and Centreville-Chicopee communities, more particularly described as Part of Lots 51, 54 and 56, German Company Tract, giving the City a license to use and allow the public to use those lands." 8. CRPS-07-101 -LIQUOR LICENCE REVIEW APPLICATION - 1604907 ONTARIO LIMITED (OIA DALLAS) - 312 KING STREET WEST The Committee considered Corporate Services Department report CRPS-07-101, dated July 18, 2007 regarding a liquor licence application for the Dallas Night Club located at 312 King Street West. Mr. Darryl Moore, Applicant /Owner, requested that the numbered company as listed in the recommendation contained in report CRPS-07-101 be changed to reflect his current numbered company, being: 1725194 Ontario Limited. Additionally, he requested that the recommendation be further revised by striking out clause 3, which relates to the set monthly ratio of alcohol sales to gross refreshment sales. He advised that while his establishment would offer catering services for corporate events and provide a light menu of primarily hors d'oeuvre and appetizers during regular business hours, they may not be able to continually meet the 70% ratio as set out in the recommendation. He added that if the ratio is added as a condition to his liquor licence and is not met than his liquor licence could potentially be suspended or revoked. He stated that his target market would be persons 23 years of age and over and speculated that most of those people would not be purchasing food as they would be going to his establishment after dinner. He noted that to the best of his knowledge, the Alcohol and Gaming Commission of Ontario (AGCO) no longer requires set monthly ratios of alcohol sales to gross refreshment sales. Ms. P. Harris advised that clause 3 is a standard condition included by the City in all of these types of agreements. She noted that it is up to the AGCO if any of the conditions outlined in the staff recommendation are proscribed on the licences they issue. In response to concerns regarding two liquor licence suspensions issued against the Still Bar and Grill, and Elements Night Club, which are operated by the Applicant, Mr. D. Moore advised that those suspensions were a result of incidents that occurred during the 2006 "Block That Rocks" event due to the excessive amount of people in attendance. He noted that for the 2007 "Block That Rocks" event an increased number of paid duty Waterloo Regional Police Officers were hired and even though there were an even greater number of people in attendance there were no incidents involving persons at any of his establishments. At the request of Mayor C. Zehr, Mr. Moore gave his verbal assurance to undertake all due diligence in the prevention of any further incidents at the establishments he operates. In response to questions, Ms. P. Harris advised that staff would be willing to raise the set monthly ratio requirement to 80%. Mr. D. Moore stated that while this is preferable to the current 70% ratio, compliance would most likely depend on when the ratio measurements are taken. He advised that a majority of their corporate catering would occur during the winter holiday season, during which time they should be capable of meeting the ratio requirements; however, during the summer months most patrons would typically be coming to his establishment later in the evening and may not be interested in purchasing food. Ms. Harris noted that she is unaware of the techniques employed by the AGCO in auditing the conditions of their liquor licences. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -134 - CITY OF KITCHENER 8. CRPS-07-101 -LIQUOR LICENCE REVIEW APPLICATION - 1604907 ONTARIO LIMITED (OIA DALLAS) - 312 KING STREET WEST tCONT'D) On motion by Councillor J. Smola, the staff recommendation contained in report CRPS-07-101 was brought forward for consideration, as amended to change the numbered company to 1725194 Ontario Limited and exclude clause 3 relating to the set monthly ratio of alcohol sales to gross refreshment sales. Councillor Smola noted that given the difficulty that Mr. Moore may face in meeting the ratio requirement and his assurance that every measure would be taken to prevent any further incidents of concern, it is not necessary to request that clause 3 be include as a condition of his liquor licence. Mayor C. Zehr and Councillor J. Gazzola advised that they would prefer to see clause 3 remain as a condition of the agreement with the ratio being raised to 80%. Councillor B. Vrbanovic suggested that the ratio requirement be changed to a target; that way if Mr. Moore is unable to meet that target he would not be in jeopardy of losing his liquor licence. Ms. J. Sheryer expressed concern with the establishment of a target, stating that it could provide too much flexibility and potentially result in the provision of food and non-alcoholic refreshments becoming virtually nonexistent. She put forward that staff would prefer to see the ratio requirement raised to 85% which may be more easily attainable by the Applicant, as opposed to the establishment of a target. A motion by Mayor C. Zehr to amend Councillor Smola's motion to include clause 3 as revised to provide for a set 85% monthly ratio of alcohol sales to gross refreshment sales was voted on and Carried. The main motion, as amended, was then voted on and Carried. Councillor J. Smola requested to be recorded as opposed to the motion. On motion by Councillor J. Smola - it was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Dallas located at 312 King Street West applied for by 1725194 Ontario Limited (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: 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 Licensed Establishments Entertainment Committee and attend its meetings; 3. to abide to a set 85% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 85% of gross refreshment sales); 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application 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; 6. to comply with the Noise By-law and the Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 9. CRPS-07-120 -APPEAL TO DISTANCE SEPARATION REQUIREMENTS - CHAPTER 5$6 (REFRESHMENT VEHICLES) OF THE MUNICIPAL CODE - HOT DOG CART LOCATION t90 ARDELT AVENUE) The Committee considered Corporate Services Department report CRPS-07-120, dated FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -135 - CITY OF KITCHENER 9. CRPS-07-120 -APPEAL TO DISTANCE SEPARATION REQUIREMENTS - CHAPTER 5$6 (REFRESHMENT VEHICLES) OF THE MUNICIPAL CODE - HOT DOG CART LOCATION t90 ARDELT AVENUE) tCONT'D) September 4, 2007 regarding an appeal to the distance separation requirements set out in Municipal Code Chapter 586 (Refreshment Vehicles). Ms. Vlasta Kadlec addressed the Committee regarding her appeal of the Manager of Licensing's decision not to issue a licence for the operation of a hot dog /sausage cart at 90 Ardelt Avenue, due to that location being within the required 200 meter distance separation from another place of refreshment. She advised that she has received permission from the business operating at 90 Ardelt Avenue, Brock Solution Ltd., to locate her proposed cart on that site. She added that of the 30 local area businesses 25 have signed a petition in support of her appeal. Ms. Kadlec stated that while she acknowledges the fact that her cart would not meet the required distance separation when measured from property line to property line; it is well beyond the required distance if measured from business to business. In response to questions, Ms. P. Harris advised that the other business referred to by Ms. Kadlec, which is also the only other refreshment business in the area, is a cantina located within the Waterloo Region District School Board building. She added that the School Board has advised City staff that they have no objection to Ms. Kadlec's operation of a hot dog /sausage cart at 90 Ardelt Avenue. Ms. Harris noted that the distance separation requirements were included in Chapter 586 in response to complaints from restaurants to an influx of chip wagons and hot dog carts operating within close proximity to their businesses. She stated that it was the position of the restaurants that the chip wagons and hot dog carts represented unfair competition, given that they do not have the same degree of overhead costs as a result of not having employees and are not required to pay property taxes. It was noted in the agenda that any recommendation from the Committee regarding this item would be considered at the special Council meeting to be held later this same date. On motion by Councillor J. Gazzola - it was resolved: "That in accordance with Council Policy I-930 (Refreshment Vehicles -Separation Distances -Exemption) an exemption to Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code be granted and a business licence be issued to Ms. Vlasta Kadlec for the operation of a hot dog /sausage cart at 90 Ardelt Avenue." 10. CSD-07-07$ -WILSON PARK CONCESSION The Committee considered Community Services Department report CSD-07-078, dated September 6, 2007 regarding the construction and operation of a concession building at Wilson Park by the Kitchener Minor Boys Softball Association (KMBSA). Ms. D. Keehn advised that the KMBSA almost exclusively book Wilson Park weekday evenings and most weekends throughout the summer. She stated that the KMBSA currently operate a concession service, which requires the erection of portable tents and other concession equipment each weekend. In order to make this a more efficient service, the group wishes to construct a permanent concession building and picnic shelter in a location in the park mutually agreed upon with City staff. She outlined that the KMBSA expect to expand their concession services on weekdays to meet the needs of families arriving immediately after work, and to increase the number of tournaments held annually. She stated that upon completion, the building will be owned by the City and operated based on an agreement of use with the KMBSA, with all of the building materials and construction costs being paid for by the KMBSA and local donations. She noted that the City has planned for the investment of capital dollars for this project in the 2007 budget to cover the site survey, the concrete pad, utility services and site excavation. Mr. Mark May, VP, KMBSA, advised that the KMBSA currently services approximately 400 players annually and is potentially merging with the Waterloo Minor Boys Softball Association which would expand their membership by approximately 300 more players. He noted that with the anticipated expansion of players and a goal to increase the number of invitational tournaments they host there is a growing need for a permanent concession building. He added that the KMBSA have already FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -136 - CITY OF KITCHENER 10. CSD-07-07$ -WILSON PARK CONCESSION tCONT'D) financed approximately $25,000. worth of amenities at Wilson Park, which include fencing around diamonds 3 and 4 and the installation of a batting cage. He outlined that the KMBSA have clearly indicated their intent to construct a concession building at several public meetings. He noted that the members of the public present at those meetings had no objections to a concession building in the park. He added that he has met with the Waterloo Regional Police (WRP) who were very supportive of the building plans and location and provided advice on how to enhance the building's lighting, and security features. Mr. May outlined that based on this advice the construction materials have been adjusted to be more secure and better suited to this environment as a means of preventing break-ins and vandalism. In response to questions, Mr. M. May advised that the concession building would enhance the site and have no impact on the development, or location of a future community centre. He then conveyed that he is extremely confidant that the KMBSA would be capable of meeting its $20,000. donation goal from outside groups. He advised that the KMBSA has raised several thousand dollars over the past few years for this project, and have recently obtained donations of building materials and skilled labour from local companies; as well as receiving further monetary donations from local service clubs. Mr. May then circulated a draft plan of the site and concession building. In reviewing the draft plan, Mayor C. Zehr suggested that the washroom facility be expanded from single to multiple occupancy as a means of maximizing the use of that space. Councillor B. Vrbanovic suggested that as a means of reducing potential vandalism the design be amended to replace the picnic tables with portable chairs that could be placed in storage for safe keeping. Councillor J. Gazzola advised that while he is supportive of the proposed construction he has concerns with the amount of public consultation that has taken place prior to today's meeting. He stated that he has been contacted by several area residents who indicated that they have only recently been informed of this project. Ms. D. Keehn advised that residents on the adjacent streets received a flyer in late August 2007, which directed them to call or e-mail feedback to Community Services staff. She stated that information was also posted on the City's website to show the proposed location and invite feedback, which has been outlined in a chart attached to report CSD-07-078. She noted that only 2 negative responses were received, which were in regards to the potential increase in noise, vandalism and traffic. A motion by Councillor J. Gazzola that the staff recommendation contained in report CSD-07-078 be referred to the October 1, 2007 Council meeting to allow for a public meeting to be held with area residents and the distribution of information, including the site plan and design drawings, of the proposed concession building at Wilson Park was brought forward for consideration. Several members expressed support for the proposed construction of the concession building and acknowledged the need to ensure that any public consultations be undertaken expeditiously. Mr. G. Hummel advised that the timing of the proposed construction could accommodate this matter being deferred until the October 1, 2007 Council meeting. On motion by Councillor J. Gazzola - it was resolved: "That consideration of the staff recommendation contained in Community Services Department report CSD-07-078 be referred to the October 1, 2007 Council meeting to allow for a public meeting to be held with area residents and the distribution of information, including the site plan and design drawings, of the proposed concession building at Wilson Park: `That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with the Kitchener Minor Boys Softball Association (KMBSA) regarding the construction of a small building for use as a concession, and the subsequent operation of the concession in Wilson Park, said Agreement to authorize KMBSA to be responsible for the construction of the building in cooperation with Facilities Management and Parks Operations based on the conditions as laid out in Community Services Department report CSD-07-078; and further, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -137 - CITY OF KITCHENER 10. CSD-07-07$ -WILSON PARK CONCESSION tCONT'D) That the General Manager of Community Services be authorized to execute a renewal of this Agreement as it pertains to the operation of this concession for the years 2008 and 2009, subject to the satisfaction of the City Solicitor."' 11. CRPS-07-113 -SHORT TERM OCCUPANCY AGREEMENTS FOR 44 GAUKEL STREET - BFG ACTION CENTRE GROUP AND STATISTICS CANADA The Committee considered Corporate Services Department report CRPS-07-113, dated August 20, 2007 regarding short-term occupancy agreements for the use of space at 44 Gaukel Street by the BFG Action Centre Group and Statistics Canada. Mr. L. Proulx advised that the BFG Action Centre Group is a not for profit organization established to provide assistance and guidance to the former workers of the Michelin / B.F. Goodrich plant which closed in late 2006. He stated that the group had occupied a newly built space in Kitchener with the understanding that, if the space should be leased they would need to relocate. In June 2007, the group received their notice and approached the City to see if it could accommodate them until mid December 2007. He noted that the ground floor of 44 Gaukel Street was available and a portion of this space met their needs. He further advised that Statistics Canada is doing in-depth surveys relating to the health of Canadians throughout the country. To facilitate this they are in the process of setting up two 53 foot trailers equipped with medical testing equipment and one 30 foot trailer for their staff in various cities for a period of approximately three months at each location. He stated that staff met with a Statistics Canada representative to review potential sites, with 44 Gaukel Street being identified as their preferred location. Mr. Proulx noted that he anticipates reporting back to Council in the near future regarding the potential long-term options for this site. On motion by Councillor C. Weylie - it was resolved: "That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, for the short-term use of space by the BFG Action Centre Group and Statistics Canada at the 44 Gaukel Street facility /location." 12. CSD-07-075 -BANNER POLICY AMENDMENTS - OVERSIGHT AND MANAGEMENT OF BANNER PROGRAM The Committee considered Community Services Department report CSD-07-075, dated August 3, 2007 regarding amendments to the City's Banner Policy. In addition, the Committee was in receipt this date of a revised staff recommendation, regarding the repeal and replacement of the current Banner Policy. Mr. D. Chapman outlined that Council Policy I-1185 (Banner Installation), authorizes the Chief Administrative Officer (CAO) to schedule the erection and removal of banners from various locations for specified groups and staff are proposing that oversight for the Banner Program should be allocated to the Manager of Special Events. He stated that given the nature of the proposed changes, it was determined that repealing and replacing the current policy was the preferred course of action over simply amending I-1185, as originally proposed in report CSD- 07-075. In response to questions, Mr. D. Chapman advised that the same community standards principles would be used when considering a banner request, as are currently applied to art exhibitions; such as, the Contemporary Art Forum of Kitchener and Area (CAFKA). He noted that if the Manager of Special Events were to deny a request, the applicant could still follow the current practice of appealing that decision to Council. On motion by Councillor C. Weylie - it was resolved: "That Council Policy I-1185 (Banner Installation) be repealed and replaced with the new Banner Policy attached to Community Services Department report CSD-07-075; and, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -13$ - CITY OF KITCHENER 12. CSD-07-075 -BANNER POLICY AMENDMENTS - OVERSIGHT AND MANAGEMENT OF BANNER PROGRAM tCONT'D) That the Manager of Special Events be authorized to oversee the implementation and oversight of the banner program; and further, That staff report back to Council in one year on their experience with the Banner Policy, including a review of the fees." 13. CSD-07-071 - MCLENNAN PARK AWARD OF TENDER The Committee considered Community Services Department report CSD-07-071, dated September 6, 2007 regarding the award of tender for Phase 1 of the McLennan Park redevelopment. Mr. G. Hummel advised that in September 2006, consultant services for the detailed design of Phase 1 of the McLennan Park redevelopment were awarded to The Walter Fedy Partnership. A pre-tender estimate of $1,064,395. (excluding GST) was put forward for the Phase 1 works, which included: site preparation and removals, watermain line and connection, toboggan hill earth works and seeding, parking lot and road construction, roadway lighting, entry feature, pedestrian entrance, trails, landscaping and aleash-free dog area. He stated that bids for Tender T07-046, to undertake these works were received on August 9, 2007 with the low bid of $1,200,452.45 (excluding GST) being submitted by Pacific Paving Limited. He outlined that the low bid was reviewed by staff and the consultant for opportunities to reduce the award amount while having minimal impact to the project. He added that through negotiations with the low bidder reductions have been proposed in the amount of $300,016.55, resulting in a revised tender award of $900,435.90. Mr. Hummel stated that after taking into account the work completed to date (i.e. consultant fees -Phase 1 engineering, implementation report, traffic study, safety-liability review, site surveying and site work -toboggan hill grading) the existing McLennan Park account has a balance of $577,476. As such, staff are recommending the re- allocation of $324,822. from various capital accounts to address the shortfall between the tender award amount and the funds available in the McLennan Park account. Councillor J. Gazzola expressed concern regarding the re-allocation of funding and inquired into whether the overall project needed to be reviewed. Mr. G. Hummel advised that as this was a former dump site there were a number of unknown factors that have effected the redevelopment. He stated that as part of the reduction in the award amount items were redistribution throughout the 4 phases of the project and a number of cost estimates were examined during this process. He added that with this redistribution, staff are confident that the total park redevelopment costs should not exceed the original estimate of $4.6 M (2003 dollars). Councillor J. Gazzola advised that while he is not supportive of the staff recommendation at this time, he would be willing to meet with staff prior to the September 17, 2007 Council meeting to further review the details of this proposal. On motion by Councillor K. Galloway - it was resolved: "That the following re-allocation of funding in the amount total of $324,822., be approved from the following capital budget accounts for the purpose of awarding the McLennan Park Phase 1 Re-development Tender T07-24: 679729 TransCanada Trail B ridge $80,000 660059 Hibner Park $20,412 679717 Homer Watson Trail $24,373 679719 Monarch Woods $20,650 672838 Veronica Park $15,067 637271 Soccer Facilities $74,320 345314 Capital Contingency $90,000." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 -139 - CITY OF KITCHENER 14. ADJOURNMENT On motion, the meeting adjourned at 5:43 p.m. Colin Goodeve Committee Administrator